Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
INTERACTIVE GAMBLING
(PLAYER PROTECTION)
BILL 1998
Queensland
INTERACTIVE GAMBLING (PLAYER
PROTECTION) BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Formal provisions
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Objects
3 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Basic concepts and definitions
4 Meaning of "game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5 Meaning of "player" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Meaning of "interactive game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4--Territorial application
8 Territorial application of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--INTERACTIVE GAMBLING
Division 1--The cooperative scheme
9 General features of the regulatory scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Declaration of participating jurisdictions and corresponding law . . . . . . . . 17
Division 2--Authorised providers and authorised games
11 Meaning of "licensed provider", "external provider" and
"authorised provider" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Meaning of "authorised game" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Authorisation to conduct interactive games . . . . . . . . . . . . . . . . . . . . . . . . . 19
14 Change to conditions of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2
Interactive Gambling (Player Protection)
15 Revocation of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Penalty for conduct of, or participation in, unauthorised
interactive gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Conduct of authorised games
17 Player registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
18 Procedure for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Verification of player's identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
20 Player's account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Acceptance of wagers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Player to be bound by rules of the game . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 4--Restriction of gambling venues
23 Use of premises for interactive gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 5--Exemption schemes
24 Meaning of "exemption scheme" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Approval of exemption scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Cancellation of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Termination of approved exemption scheme . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Gazette notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 6--General validation of authorised activities
29 Lawful activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 3--INTERACTIVE GAMBLING LICENCES
Division 1--Applications for, and issue of, interactive gambling
licences
30 Application for interactive gambling licence . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Suitability of applicant to hold interactive gambling licence . . . . . . . . . . . 27
34 Suitability of business and executive associates . . . . . . . . . . . . . . . . . . . . . 28
35 Investigations of suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
39 Changing conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3
Interactive Gambling (Player Protection)
40 Return of licence for endorsement of changed conditions . . . . . . . . . . . . . . 30
Division 2--General provisions about interactive gambling licences
41 Interactive gambling licence not to be transferable . . . . . . . . . . . . . . . . . . . 30
42 Mortgage and assignment of interactive gambling licence . . . . . . . . . . . . . 31
43 Surrender of interactive gambling licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 3--Suspension and cancellation of interactive gambling
licences
44 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
46 Copy of show cause notice to be given to interested persons . . . . . . . . . . . 34
47 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
48 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
49 Censuring licensed provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
50 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
51 Notice referring question of disciplinary action to Governor in Council . . . 37
52 Suspension, cancellation and appointment of administrator . . . . . . . . . . . . 37
53 Terms of appointment, and role, of administrator . . . . . . . . . . . . . . . . . . . . . 38
54 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 39
Division 4--Investigations into suitability
55 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
56 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Requirement to give information or document for investigation . . . . . . . . . 40
58 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
59 Decisions about interactive gambling licence not to be justiciable . . . . . . 41
PART 4--KEY PERSONS
Division 1--Requirement for key persons to be licensed
60 Meaning of "key person" and "key relationship" . . . . . . . . . . . . . . . . . . . . . 42
61 Obligation to hold licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
62 Requirement that key person apply for licence or end role . . . . . . . . . . . . . 43
63 Requirement that key person end role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
64 Requirement to end key person's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 2--Applications for, and issue of, key person licences
65 Application for key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
4
Interactive Gambling (Player Protection)
66 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
67 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
68 Investigation of suitability of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
69 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
70 Form of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
71 Term of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
72 Lapsing of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
73 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
74 Changing conditions of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . 47
75 Replacement of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
76 Surrender of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 3--Suspension and cancellation of key person licences
77 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
78 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
79 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
80 Censuring key person licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
81 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
82 Suspension and cancellation of key person licence . . . . . . . . . . . . . . . . . . . 53
83 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 54
Division 4--Investigation of key person licensees
84 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
85 Investigations into suitability of key person licensees . . . . . . . . . . . . . . . . . 55
86 Requirement to give information or document for investigation . . . . . . . . . 55
87 Reports about criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 5--Requirements about employment
88 Notice of start of employee's employment . . . . . . . . . . . . . . . . . . . . . . . . . . 56
89 Returns about employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 6--Requirements about key relationships
90 Notice of end of key relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
91 Requirement to end key relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 7--General
92 False statements by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
5
Interactive Gambling (Player Protection)
93 Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
PART 5--AGENTS
Division 1--Agency agreements
94 Meaning of "agent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
95 Meaning of "agency agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
96 Conditions for entering into agency agreement . . . . . . . . . . . . . . . . . . . . . . . 60
97 Notice of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
98 Amendment of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99 Returns about agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--Terminating agency agreements
100 Grounds for termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
101 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
102 Suspending agent's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Censuring agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
104 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
105 Directions to terminate affecting agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
106 Termination of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
107 Notice of termination of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 3--Investigations into suitability
108 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
109 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
110 Requirement to give information or material for investigation . . . . . . . . . . 68
111 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 6--LICENCE FEES AND TAX
Division 1--Licence fees
112 Liability to licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2--Interactive gambling tax
113 Liability to tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
114 Returns for calculation of tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
115 Participating jurisdictions tax entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
116 Payment of tax for community benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
6
Interactive Gambling (Player Protection)
Division 3--Recovery and penalties
117 Penalty for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
118 Recovery of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
119 Revenue offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 7--COMPLIANCE REQUIREMENTS
Division 1--Rules and directions
120 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
121 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
122 General responsibilities of licensed provider . . . . . . . . . . . . . . . . . . . . . . . . . 73
123 Responsibility of licensed provider to ensure compliance by agent . . . . . . 73
124 Responsibility of agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 2--Place of operation
125 Licensed provider's place of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
126 Agent's place of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 3--Control systems
127 Authorised games to be conducted under an approved control system . . . . 74
128 Control system submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
129 Control system (change) submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
130 Consideration of, and decisions about, submissions . . . . . . . . . . . . . . . . . . . 76
131 Direction to change approved control system . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 4--Dealings involving players accounts
132 Funds in player's account to be remitted on demand . . . . . . . . . . . . . . . . . . 78
133 Licensed provider or agent not to act as credit provider . . . . . . . . . . . . . . . 78
134 Licensed providers limited recourse to players accounts . . . . . . . . . . . . . . . 78
135 Inactive players accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 5--Responsible gambling
136 Limitation on amount wagered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
137 Prohibition of interactive gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 6--Gambling records
138 Notices about keeping gambling records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
139 Gambling records to be kept at certain place . . . . . . . . . . . . . . . . . . . . . . . . 82
140 Gambling records to be kept for required period . . . . . . . . . . . . . . . . . . . . . . 83
7
Interactive Gambling (Player Protection)
Division 7--Financial accounts, statements and reports
141 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
142 Preparation of financial statements and accounts . . . . . . . . . . . . . . . . . . . . . 83
143 Submission of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 8--Financial institutions accounts
144 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
145 Use of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 9--Audit
146 Audit of licensed provider's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
147 Completion of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
148 Further information following audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 10--Ancillary and related agreements
149 Ancillary gambling agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
150 Approval of ancillary gambling agreements . . . . . . . . . . . . . . . . . . . . . . . . . 87
151 Review of related agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
152 Show cause notice for related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
153 Direction to terminate related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 11--Official supervision
154 Monitoring operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
155 Presence of inspector at certain operations . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 12--Prizes
156 Payment or collection of prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
157 Disposal of unclaimed non-monetary prizes . . . . . . . . . . . . . . . . . . . . . . . . . 90
158 Claims for prize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
159 Entitlement to prize lapses if not claimed within 5 years . . . . . . . . . . . . . . 92
Division 13--Aborted games
160 Aborted games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
161 Power to withhold prize in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 14--Approval and use of regulated interactive gambling
equipment
162 Approval of regulated interactive gambling equipment . . . . . . . . . . . . . . . . 94
163 Use of regulated interactive gambling equipment . . . . . . . . . . . . . . . . . . . . 94
8
Interactive Gambling (Player Protection)
Division 15--Advertising
164 Advertising interactive gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
165 Incidental requirements for advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . 95
166 Directions about advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 16--Complaints
167 Inquiries about complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
168 Reporting improper behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 17--Gambling offences
169 Cheating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
170 Forgery and deception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
171 Impersonating certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
172 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
173 Participation in authorised games by employees of licensed provider . . . 101
174 Chief executive's power to restrict participation in authorised
games by gaming officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
175 Power to declare gaming official to be a key official . . . . . . . . . . . . . . . . 101
176 Relationship of key officials with authorised providers and agents . . . . . . 101
177 Relationship of key officials with prospective licensed providers . . . . . . . 102
178 Relationship between authorised providers and key officials . . . . . . . . . . 103
179 Participation by minors in conduct of approved games prohibited . . . . . . 103
180 Participation by minors as players prohibited . . . . . . . . . . . . . . . . . . . . . . . 104
181 Obscene etc. terms prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
182 Interference with proper conduct of authorised games . . . . . . . . . . . . . . . . 104
183 Offences by certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
184 Licensed provider not to publish identity of player in certain cases . . . . . 105
PART 8--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
185 Persons who are inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
186 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
187 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
188 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
189 Criminal history reports for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
190 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
9
Interactive Gambling (Player Protection)
191 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
192 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
193 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
194 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 2--Powers of inspectors
Subdivision 1--General scope of inspectors' powers
195 General scope of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Subdivision 2--Power to enter places
196 Entry without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
197 Entry with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Subdivision 3--Consents and warrants for entry
198 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
199 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
200 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
201 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
202 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
203 Evidence about special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Subdivision 4--General powers
204 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
205 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
206 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Subdivision 5--Power to seize evidence
207 Seizing evidence at place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
208 Seizing evidence at places that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
209 Securing things after seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
210 Tampering with things subject to seizure . . . . . . . . . . . . . . . . . . . . . . . . . . 117
211 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
212 Receipts to be given on seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
213 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
214 Return of things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
215 Access to things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
10
Interactive Gambling (Player Protection)
Subdivision 6--Power to give directions to stop using things
216 Direction to stop using thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
217 Requirements about stop directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
218 Failure to comply with stop direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Subdivision 7--Power to obtain information
219 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
220 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
221 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 122
222 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
223 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
224 Power to require attendance of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
225 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . 125
226 Power to require financial records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
227 Effect of compliance with financial records requirement . . . . . . . . . . . . . . 126
228 Failure to comply with financial records requirement . . . . . . . . . . . . . . . . 126
Division 3--Powers of Minister
229 Direction about management practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Division 4--General enforcement matters
230 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
231 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
232 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
233 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
234 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 5--General enforcement offences
235 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
236 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 130
237 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
PART 9--LEGAL PROCEEDINGS
Division 1--Evidence
238 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
239 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
240 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
11
Interactive Gambling (Player Protection)
241 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 2--Proceedings
242 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
243 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
244 Limitation on who may summarily hear indictable offence proceedings . 134
245 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . 134
246 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 135
247 Executive officers must ensure corporation complies with Act . . . . . . . . . 135
248 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
PART 10--APPEALS
249 Appeals by licensed providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
250 Appeals by applicants for key person licences . . . . . . . . . . . . . . . . . . . . . . 136
251 Appeals by key person licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
252 Appeals by agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
253 Appeals by other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
254 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
255 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
256 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
257 Power to gather evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
258 Powers of Queensland Gaming Commission . . . . . . . . . . . . . . . . . . . . . . . . 140
259 Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
PART 11--MISCELLANEOUS
260 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
261 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
262 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
263 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
PART 12--CONSEQUENTIAL AMENDMENTS
264 Amendment of Art Unions Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
265 Amendment of Casino Control Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
266 Amendment of Gaming Machine Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . 143
267 Amendment of Keno Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
268 Amendment of Lotteries Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
12
Interactive Gambling (Player Protection)
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 147
DECISIONS NOT SUBJECT TO APPEAL
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 149
DECISIONS OF CHIEF EXECUTIVE SUBJECT TO APPEAL
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 151
DICTIONARY
1998
A BILL
FOR
An Act to regulate interactive gambling and for other purposes
s1 14 s3
Interactive Gambling (Player Protection)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1--Formal provisions 3
Division
title 4
Short
1. This Act may be cited as the Interactive Gambling (Player Protection) 5
Act 1998. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
2--Objects 9
Division
10
Objects
3. The objects of this Act are-- 11
(a) to regulate and control gambling ("interactive gambling") 12
accessible from the home involving interactive games in which 13
the players participate by means of the internet or through some 14
other telecommunication medium; and 15
(b) to provide protection for players of interactive games; and 16
(c) to provide a basis for implementing an inter-jurisdictional 17
regulatory scheme for-- 18
(i) the reciprocal recognition between participating jurisdictions 19
of licences, authorisations and other administrative acts; and 20
(ii) the regulation and control of interactive gambling in the 21
participating jurisdictions on a cooperative basis; and 22
s4 15 s6
Interactive Gambling (Player Protection)
(iii) the sharing of tax derived from interactive gambling on an 1
equitable basis. 2
Division 3--Basic concepts and definitions 3
of "game" 4
Meaning
4. A "game" includes a scheme or arrangement. 5
of "player" 6
Meaning
5. A "player" is a person who participates in an interactive game. 7
of "interactive game" 8
Meaning
6.(1) An "interactive game" is a game in which-- 9
(a) a prize consisting of money or something else of value is offered 10
or can be won under the rules of the game; and 11
(b) a player-- 12
(i) enters the game or takes any step in the game by means of a 13
telecommunication device; and 14
(ii) gives, or undertakes to give, a monetary payment or other 15
valuable consideration to enter, in the course of, or for, the 16
game; and 17
(c) the winner of a prize is decided-- 18
(i) wholly or partly by chance; or 19
(ii) by a competition or other activity in which the outcome is 20
wholly or partly dependent on the player's skill. 21
(2) However, the following are not interactive games-- 22
(a) activities by way of, or incidental to, wagering authorised under 23
the Racing and Betting Act 1980 or the Wagering Act 1998 if the 24
activities are of a kind authorised under the Act at the 25
commencement of this section; 26
s7 16 s8
Interactive Gambling (Player Protection)
(b) a game authorised, or eligible to be authorised, as an art union 1
under the Art Unions Act 1992, or a game that is an exempt art 2
union as defined in that Act, unless the game is declared by a 3
regulation made under subsection (3) to be an interactive game 4
despite this exclusion; 5
(c) a game authorised under a gaming Act in which the players may 6
participate by means of telecommunication devices but only from 7
designated commercial sites connected to a telecommunication 8
network. 9
(3) A game that would, but for the exclusion in subsection (2)(b), be an 10
interactive game is taken to be an interactive game despite the exclusion if-- 11
(a) having regard to the nature, value, or frequency of prizes offered 12
in the game and other matters the Minister considers relevant, the 13
Minister considers the game should be brought within the ambit 14
of this Act; and 15
(b) a regulation is made, on the Minister's recommendation, 16
declaring the game to be an interactive game despite the 17
exclusion. 18
19
Dictionary
7. The dictionary in schedule 3 defines particular words used in this Act. 20
Division 4--Territorial application 21
application of this Act 22
Territorial
8.(1) This Act applies both within and outside Queensland. 23
(2) This Act applies outside Queensland to the full extent of the 24
exterritorial legislative power of the Parliament. 25
s9 17 s 10
Interactive Gambling (Player Protection)
ART 2--INTERACTIVE GAMBLING 1
P
1--The cooperative scheme 2
Division
features of the regulatory scheme 3
General
9.(1) This Act contemplates a cooperative scheme between Queensland 4
and other jurisdictions for the regulation and control of interactive gambling. 5
(2) However, this Act is not dependent on participation by any other 6
jurisdiction in the regulatory scheme. 7
(3) The regulation and control of interactive gambling is to be achieved 8
through a statutory scheme consisting of this Act and the corresponding 9
laws of participating jurisdictions for the licensing and control of persons 10
who conduct, or exercise an important role in the conduct of, interactive 11
games. 12
of participating jurisdictions and corresponding law 13
Declaration
10.(1) If the Minister is satisfied the law of another jurisdiction is 14
compatible with this Act, the Governor in Council may, on the Minister's 15
recommendation, declare-- 16
(a) the other jurisdiction is to be regarded under this Act as a 17
participating jurisdiction; and 18
(b) the relevant law of the other jurisdiction (including the law as 19
amended or substituted from time to time) is to be regarded as a 20
corresponding law. 21
(2) However, a declaration is not to be made under this section unless the 22
Minister has entered into an agreement (an "intergovernmental 23
agreement") with the prospective participating regulator that makes, in the 24
Minister's opinion, adequate provision for the following matters-- 25
(a) the taxation of authorised games on a uniform or consistent basis; 26
(b) collaboration between gaming officials and officers of the other 27
jurisdiction engaged in the administration of the relevant law of 28
the other jurisdiction; 29
s 11 18 s 12
Interactive Gambling (Player Protection)
(c) mutual recognition of licences and administrative acts between 1
jurisdictions; 2
(d) sharing of tax revenue derived from interactive gambling on an 3
equitable basis. 4
(3) If the Minister considers the law of a participating jurisdiction is no 5
longer compatible with this Act, or the intergovernmental agreement with 6
the participating jurisdiction is not operating satisfactorily, the Governor in 7
Council may, on the Minister's recommendation, declare-- 8
(a) the other jurisdiction is, as from a specified date, no longer to be 9
regarded as a participating jurisdiction; and 10
(b) the relevant law of the other jurisdiction is, as from a specified 11
date, no longer to be regarded as a corresponding law. 12
(4) A declaration under this section is to be made by regulation. 13
Division 2--Authorised providers and authorised games 14
of "licensed provider", "external provider" and "authorised 15
Meaning
provider" 16
11.(1) A "licensed provider" means a person who is licensed under this 17
Act to conduct interactive games. 18
(2) An "external provider" is a person who is licensed under the 19
corresponding law of a participating jurisdiction to conduct interactive 20
games. 21
(3) An "authorised provider" is a person who is licensed under this 22
Act, or under the corresponding law of a participating jurisdiction, to 23
conduct interactive games. 24
of "authorised game" 25
Meaning
12.(1) An "authorised game" is an interactive game that-- 26
(a) a licensed provider is authorised to conduct under this division; or 27
(b) an external provider is authorised to conduct under the 28
corresponding law of the participating jurisdiction in which the 29
s 13 19 s 14
Interactive Gambling (Player Protection)
provider is licensed. 1
(2) However, a game that an external provider is authorised to conduct 2
under a corresponding law (an "externally authorised game") is not to be 3
regarded as an authorised game if the external provider is prohibited from 4
conducting the game in Queensland by order under subsection (3). 5
(3) If the Minister believes the conduct of an externally authorised game 6
in Queensland is contrary to the public interest, the Minister may, by written 7
notice given to the external provider authorised under the corresponding law 8
to conduct the game, prohibit conduct of the game in Queensland. 9
(4) The Minister may only impose a prohibition under subsection (3) 10
after giving the external provider and the relevant participating regulator 11
written notice of the proposed prohibition and the reasons for it and 12
allowing each of them a reasonable opportunity to make representations. 13
(5) If the Minister imposes a prohibition under subsection (3) the 14
Minister must promptly give the relevant participating regulator a copy of 15
the notice imposing the prohibition. 16
to conduct interactive games 17
Authorisation
13.(1) The Minister may, on application by a licensed provider, authorise 18
the provider to conduct a particular interactive game on conditions stated in 19
the instrument of approval. 20
(2) The conditions of authorisation apply to the conduct of the game both 21
within and outside Queensland. 22
(3) The Minister has an absolute discretion to refuse to authorise an 23
interactive game for which the Minister's authorisation is sought. 24
(4) If the Minister decides to refuse an application, the Minister must 25
promptly give the applicant written notice of the decision and the reasons 26
for it. 27
to conditions of authorisation 28
Change
14.(1) The Minister may, by written notice given to a licensed provider, 29
change the conditions on which a particular interactive game is authorised if 30
the Minister is of the opinion-- 31
s 15 20 s 16
Interactive Gambling (Player Protection)
(a) the conditions are not stringent enough to prevent cheating or 1
other contravention of this Act; or 2
(b) compliance with the conditions cannot be effectively monitored or 3
enforced; or 4
(c) there is some other good reason to change the conditions. 5
(2) However, the Minister may only change the conditions of an 6
authorisation under this section after giving the licensed provider written 7
notice of the proposed change of conditions and the reasons for it and 8
allowing the licensed provider a reasonable opportunity to make 9
representations. 10
of authorisation 11
Revocation
15.(1) The Minister may, by written notice given to a licensed provider, 12
revoke the authorisation for a particular interactive game if the Minister is of 13
the opinion-- 14
(a) the licensed provider has contravened a condition of the 15
authorisation; or 16
(b) compliance with the conditions of the authorisation cannot be 17
effectively monitored or enforced; or 18
(c) there is some other good reason to revoke the authorisation. 19
(2) However, the Minister may only revoke an authorisation under this 20
section after giving the licensed provider written notice of the proposed 21
revocation and the reasons for it and allowing the licensed provider a 22
reasonable opportunity to make representations. 23
for conduct of, or participation in, unauthorised interactive 24
Penalty
gambling 25
16.(1) A person must not conduct an interactive game wholly or partly in 26
Queensland, or allow a person who is in Queensland to participate in an 27
interactive game, unless-- 28
(a) the game is an authorised game; and 29
(b) the person is authorised under this Act or a corresponding law to 30
conduct the game. 31
s 17 21 s 18
Interactive Gambling (Player Protection)
Maximum penalty--200 penalty units or 2 years imprisonment. 1
(2) A person in Queensland must not participate in, or encourage or 2
facilitate participation by another in, an interactive game knowing that the 3
game is not an authorised game. 4
Maximum penalty for subsection (2)--40 penalty units. 5
3--Conduct of authorised games 6
Division
registration 7
Player
17.(1) A licensed provider must not permit a person to participate as a 8
player in an authorised game unless the person is registered with the 9
provider as a player. 10
Maximum penalty--200 penalty units or 2 years imprisonment. 11
(2) A person must not participate as a player in an authorised game 12
unless the person is registered with the authorised provider who conducts 13
the game as a player. 14
Maximum penalty--40 penalty units. 15
for registration 16
Procedure
18.(1) An authorised provider (or agent) may only register a person as a 17
player on receipt of an application for registration in an approved form. 18
(2) A person is not eligible for registration as a player unless the person 19
produces evidence of a kind required by the chief executive-- 20
(a) of the person's-- 21
(i) identity; and 22
(ii) place of residence; and 23
(b) that the person is at least 18 years of age. 24
(3) Before registering a person as a player, an authorised provider or 25
agent must verify the place of residence of the applicant under procedures 26
approved by the chief executive. 27
s 19 22 s 21
Interactive Gambling (Player Protection)
of player's identity 1
Verification
19. A licensed provider must not allow a registered player to participate 2
in an authorised game until the player's identity has been authenticated 3
under the licensed provider's approved control system. 4
Maximum penalty--200 penalty units. 5
account 6
Player's
20.(1) A "player's account" is an account-- 7
(a) in the name of the player-- 8
(i) at a financial institution; or 9
(ii) with a body prescribed under a regulation; and 10
(b) against which the licensed provider has a right to debit the amount 11
of a wager. 12
(2) A player's account must be established on a basis under which the 13
player may only have direct recourse to funds in the account-- 14
(a) to obtain the balance of funds in the account and close the 15
account; or 16
(b) to obtain the whole or part of the amount paid into the account as 17
a prize in an authorised game; or 18
(c) as authorised by the licensed provider or the chief executive. 19
of wagers 20
Acceptance
21. A licensed provider must not accept a wager from a player in an 21
authorised game unless-- 22
(a) a player's account has been established in the name of the player 23
and there are adequate funds in the account to cover the amount of 24
the wager; or 25
(b) the funds necessary to cover the amount of the wager are 26
provided in a way authorised under a regulation. 27
s 22 23 s 25
Interactive Gambling (Player Protection)
to be bound by rules of the game 1
Player
22. A player who participates in an authorised game must comply with 2
rules of the game as notified to the player under the conditions on which the 3
game is authorised. 4
Maximum penalty--40 penalty units. 5
Division 4--Restriction of gambling venues 6
of premises for interactive gambling 7
Use
23. A person must not-- 8
(a) advertise that premises are available for playing interactive games; 9
or 10
(b) seek to obtain a commercial advantage from the use of premises 11
for playing interactive games. 12
Maximum penalty--200 penalty units or 2 years imprisonment. 13
Division 5--Exemption schemes 14
of "exemption scheme" 15
Meaning
24. An "exemption scheme" is a scheme exempting the licensed 16
provider authorised to conduct interactive games under the scheme (the 17
"exempted provider") from the application of specified provisions of this 18
Act to an extent prescribed in the scheme. 19
of exemption scheme 20
Approval
25.(1) The Minister may approve an exemption scheme if the Minister is 21
satisfied, on application by a licensed provider or an applicant for an 22
interactive gambling licence-- 23
(a) the exemption scheme complies with the criteria for approval of 24
exemption schemes; and 25
(b) the approval of the exemption scheme is warranted in the 26
s 26 24 s 26
Interactive Gambling (Player Protection)
circumstances of the particular case. 1
2
Examples--
3
1. The Minister may consider an exemption scheme warranted if the interactive
4
games are to be conducted by or for the benefit of a charity and the proceeds are to
5
be devoted to charitable purposes.
6
2. The Minister may consider an exemption scheme warranted if a game
7
authorised under another Act involves interactive elements (and therefore falls within
8
the definition of an interactive game) but is to be substantially conducted under the
9
other Act.
(2) An exemption scheme complies with the criteria for approval of 10
exemption schemes if (and only if) the Minister is satisfied-- 11
(a) the standards of probity required under this Act for providers of 12
interactive games and those involved in the conduct of interactive 13
games will not be compromised by the approval of the scheme; 14
and 15
(b) adequate and appropriate safeguards will exist to ensure the 16
fairness of the interactive games to be conducted under the 17
scheme and to protect the interests of players; and 18
(c) adequate and appropriate safeguards will exist to prevent 19
participation in the interactive games to be conducted under the 20
scheme by minors; and 21
(d) the scheme provides for other adequate and appropriate 22
safeguards to ensure that the public interest is not affected in an 23
adverse and material way by the conduct of interactive games 24
under the scheme. 25
(3) For this Act, a game authorised under an approved exemption 26
scheme is an authorised game. 27
of approval 28
Cancellation
26.(1) The Minister may, by written notice to an exempted provider, 29
cancel the approval of an exemption scheme if the Minister is of the opinion 30
the scheme no longer complies with the criteria for approval of exemption 31
schemes. 32
(2) However, the Minister may only cancel the approval of an approved 33
exemption scheme after giving the exempted provider written notice of the 34
s 27 25 s 29
Interactive Gambling (Player Protection)
proposed cancellation and the reasons for it and allowing the exempted 1
provider a reasonable opportunity to make representations. 2
of approved exemption scheme 3
Termination
27. An approved exemption scheme terminates if-- 4
(a) the approval was given for a specified period and the period 5
comes to an end; or 6
(b) the Minister cancels the approval under this division. 7
notice 8
Gazette
28.(1) The Minister must have notice published in the gazette of-- 9
(a) the approval of an exemption scheme; or 10
(b) the cancellation of the approval of an exemption scheme. 11
(2) Notice of the approval of an exemption scheme must state an address 12
at which interested members of the public may inspect, or obtain a copy of, 13
the exemption scheme. 14
6--General validation of authorised activities 15
Division
activities 16
Lawful
29. Despite any other law, the following activities are lawful-- 17
(a) the conduct of an authorised game, under this Act, by a person 18
authorised under this Act or a corresponding law to conduct the 19
game; 20
(b) the advertisement and promotion (subject to this Act) of an 21
authorised game; 22
(c) activities of an agent conducted under this Act and the relevant 23
agency agreement; 24
(d) participation (subject to this Act) as a player in an authorised 25
game; 26
s 30 26 s 32
Interactive Gambling (Player Protection)
(e) the doing of anything else required or authorised to be done under 1
this Act. 2
PART 3--INTERACTIVE GAMBLING LICENCES 3
1--Applications for, and issue of, interactive gambling licences 4
Division
for interactive gambling licence 5
Application
30.(1) An application for an interactive gambling licence must be in an 6
approved form. 7
(2) An application must be accompanied by any application fee 8
prescribed under a regulation. 9
(3) The Minister may, by written notice given to an applicant for an 10
interactive gambling licence, require the applicant to give the Minister 11
further information or a document that is necessary and reasonable to help 12
the Minister decide the application. 13
of application 14
Consideration
31.(1) The Minister must consider an application for an interactive 15
gambling licence and either grant or refuse to grant the application. 16
(2) Despite subsection (1), the Minister is required to consider an 17
application for an interactive gambling licence by a natural person only if the 18
applicant agrees to having the applicant's photograph and fingerprints taken. 19
for granting application 20
Conditions
32.(1) The Minister may grant an application for an interactive gambling 21
licence only if the Minister is satisfied-- 22
(a) the applicant is a suitable person to hold an interactive gambling 23
licence; and 24
(b) each business or executive associate of the applicant is a suitable 25
s 33 27 s 33
Interactive Gambling (Player Protection)
person to be associated with a licensed provider's operations. 1
(2) However, the Minister may refuse to grant an application even if the 2
Minister is satisfied of the matters mentioned in subsection (1). 3
of applicant to hold interactive gambling licence 4
Suitability
33.(1) In deciding whether an applicant is a suitable person to hold an 5
interactive gambling licence, the Minister may have regard to the following 6
matters-- 7
(a) the applicant's character or business reputation; 8
(b) the applicant's current financial position and financial 9
background; 10
(c) if the applicant is not an individual--whether the applicant has, or 11
has arranged, a satisfactory ownership, trust or corporate 12
structure; 13
(d) whether the applicant has, or is able to obtain, appropriate 14
resources and appropriate services; 15
(e) whether the applicant has the appropriate business ability to 16
conduct interactive games successfully under an interactive 17
gambling licence; 18
(f) if the applicant has a business association with another entity-- 19
(i) the entity's character or business reputation; and 20
(ii) the entity's current financial position and financial 21
background; 22
(g) anything else prescribed under a regulation. 23
(2) In subsection (1)-- 24
"appropriate resources" means financial resources-- 25
(a) adequate, in the Minister's opinion, to ensure the financial 26
viability of operations conducted under an interactive gambling 27
licence; and 28
(b) available from a source that is not, in the Minister's opinion, 29
tainted with illegality. 30
s 34 28 s 36
Interactive Gambling (Player Protection)
"appropriate services" means the services of persons who have 1
appropriate experience to ensure the proper and successful conduct of 2
interactive games. 3
of business and executive associates 4
Suitability
34. In deciding whether a business or executive associate of an applicant 5
for an interactive gambling licence is a suitable person to be associated with 6
a licensed provider's operations, the Minister may have regard to the 7
following matters-- 8
(a) the person's character or business reputation; 9
(b) the person's current financial position and financial background; 10
(c) if the person has a business association with another entity-- 11
(i) the entity's character or business reputation; and 12
(ii) the entity's current financial position and financial 13
background; 14
(d) anything else prescribed under a regulation. 15
of suitability of persons 16
Investigations
35.(1) The chief executive may investigate an applicant for an interactive 17
gambling licence to help the Minister decide whether the applicant is a 18
suitable person to hold an interactive gambling licence. 19
(2) The chief executive may investigate a business or executive associate 20
of an applicant for an interactive gambling licence to help the Minister 21
decide whether the business or executive associate is a suitable person to be 22
associated with a licensed provider's operations. 23
on application 24
Decision
36.(1) If the Minister decides to grant an application for an interactive 25
gambling licence, the Minister must promptly issue an interactive gambling 26
licence to the applicant. 27
(2) If the Minister decides to refuse to grant an application for an 28
s 37 29 s 39
Interactive Gambling (Player Protection)
interactive gambling licence, the Minister must promptly give the applicant 1
written notice of the decision. 2
of licence 3
Conditions
37. The Minister may issue an interactive gambling licence-- 4
(a) on conditions the Minister considers necessary or desirable for 5
the proper conduct of interactive games; and 6
(b) on other conditions the Minister considers necessary or desirable 7
in the public interest. 8
of licence 9
Form
38.(1) An interactive gambling licence must be in the approved form. 10
(2) The approved form must provide for the inclusion of the following 11
particulars-- 12
(a) the licensed provider's name; 13
(b) the date of issue of the licence; 14
(c) the term for which the licence is (subject to this Act) to remain in 15
force; 16
(d) the conditions of the licence; 17
(e) other particulars prescribed under a regulation. 18
conditions of licence 19
Changing
39.(1) The Minister may decide to change the conditions of an interactive 20
gambling licence, if the Minister considers it is necessary or desirable to 21
make the change for the proper conduct of authorised games by the licensed 22
provider or otherwise in the public interest. 23
(2) However, if a condition of an interactive gambling licence is 24
designated in the licence as a condition that may be changed only by 25
agreement between the Minister and the licensed provider, the condition 26
may be changed only by agreement between those persons. 27
(3) If the Minister decides to change conditions of an interactive 28
s 40 30 s 41
Interactive Gambling (Player Protection)
gambling licence under this section, the Minister must promptly give the 1
licensed provider written notice of the change (a "condition notice") and 2
the reasons for the change. 3
(4) The power of the Minister under subsection (1) includes the power to 4
add conditions to an unconditional licence. 5
of licence for endorsement of changed conditions 6
Return
40.(1) The licensed provider must return the licence to the Minister 7
within 7 days of receiving the condition notice notifying a change of 8
conditions, unless the licensed provider has a reasonable excuse. 9
Maximum penalty--40 penalty units. 10
(2) On receiving the interactive gambling licence, the Minister must-- 11
(a) amend the licence in an appropriate way and return the amended 12
licence to the licensed provider; or 13
(b) if the Minister does not consider it is practicable to amend the 14
licence--issue a replacement licence, incorporating the changed 15
conditions, to the licensed provider. 16
(3) A change of conditions does not depend on the interactive gambling 17
licence being amended to record the change or a replacement licence being 18
issued. 19
(4) A change of conditions takes effect on a day agreed between the 20
Minister and the licensed provider or, in the absence of an agreement, the 21
later of the following-- 22
(a) the day the condition notice notifying the change is given to the 23
licensed provider; 24
(b) if a later day is stated in the condition notice--the later day. 25
Division 2--General provisions about interactive gambling licences 26
gambling licence not to be transferable 27
Interactive
41.(1) An interactive gambling licence cannot be transferred. 28
(2) However, if an interactive gambling licence is mortgaged, charged or 29
s 42 31 s 43
Interactive Gambling (Player Protection)
encumbered with the written approval of the Minister, this section does not 1
prevent the transfer of the licence, subject to section 42, by way of 2
enforcement of the security. 3
and assignment of interactive gambling licence 4
Mortgage
42.(1) A licensed provider must not mortgage, charge or otherwise 5
encumber the licence except with the written approval of the Minister. 6
(2) If a person has a right to sell and transfer an interactive gambling 7
licence under or because of a mortgage, charge or encumbrance, the licence 8
may only be sold and transferred to a person approved by the Minister. 9
(3) Before the Minister approves the transfer of an interactive gambling 10
licence under this section, the Minister must be satisfied that-- 11
(a) the proposed transferee is a suitable person to hold an interactive 12
gambling licence; and 13
(b) each business and executive associate of the proposed transferee 14
is a suitable person to be associated with a licensed provider's 15
operations. 16
(4) The Minister may require the proposed transferee of an interactive 17
gambling licence to submit an application for the licence and may deal with 18
the application, and investigate the suitability of the proposed transferee and 19
the proposed transferee's business and executive associates, in the same 20
way as if the application were an application for a new interactive gambling 21
licence. 22
(5) If a person has under, or because of, a mortgage, charge or 23
encumbrance a power to appoint a receiver or manager of the business 24
conducted under an interactive gambling licence, the power may only be 25
exercised if the Minister first approves the proposed receiver or manager in 26
writing. 27
of interactive gambling licence 28
Surrender
43.(1) A licensed provider may surrender the licence by written notice 29
given to the Minister. 30
(2) The surrender takes effect-- 31
s 44 32 s 44
Interactive Gambling (Player Protection)
(a) if paragraph (b) does not apply-- 1
(i) 3 months after the notice is given; or 2
(ii) if a later day of effect is stated in the notice--on the later day; 3
or 4
(b) if the Minister, by written notice, approves a day of effect that is 5
earlier than 3 months after the notice is given--on the day of 6
effect approved by the Minister. 7
3--Suspension and cancellation of interactive gambling 8
Division
licences 9
for suspension or cancellation 10
Grounds
44.(1) Each of the following is a ground for suspending or cancelling an 11
interactive gambling licence-- 12
(a) the licensed provider is not, or is no longer, a suitable person to 13
hold an interactive gambling licence; 14
(b) a business or executive associate of the licensed provider is not, 15
or is no longer, a suitable person to be associated with a licensed 16
provider's operations; 17
(c) the licensed provider has been convicted of an offence against this 18
Act, a gaming Act or a corresponding law; 19
(d) the licensed provider has been convicted of an indictable offence; 20
(e) the licensed provider has contravened a condition of the 21
interactive gambling licence; 22
(f) the licensed provider has contravened a provision of this Act or a 23
corresponding law (being a provision a contravention of which 24
does not constitute an offence); 25
(g) the licensed provider has failed to discharge financial 26
commitments for the licensed provider's operations; 27
(h) the licensed provider is bankrupt, has compounded with creditors 28
or otherwise taken, or applied to take, advantage of any law about 29
bankruptcy; 30
s 45 33 s 45
Interactive Gambling (Player Protection)
(i) the licensed provider is affected by control action under the 1
Corporations Law; 2
(j) the interactive gambling licence was obtained by a materially false 3
or misleading representation or in some other improper way. 4
(2) For forming the belief that the ground mentioned in subsection (1)(a) 5
exists, the Minister may have regard to the same matters to which the 6
Minister may have regard in deciding whether an applicant is a suitable 7
person to hold an interactive gambling licence. 8
(3) For forming the belief that the ground mentioned in subsection (1)(b) 9
exists, the Minister may have regard to the same matters to which the 10
Minister may have regard in deciding whether a business or executive 11
associate of an applicant is a suitable person to be associated with a licensed 12
provider's operations. 13
(4) For subsection (1)(i), a licensed provider is affected by control action 14
under the Corporations Law if the licensed provider-- 15
(a) has executed a deed of company arrangement under the Law; or 16
(b) is the subject of a winding-up (whether voluntarily or under a 17
court order) under the Law; or 18
(c) is the subject of an appointment of an administrator, liquidator, 19
receiver or receiver and manager under the Law. 20
cause notice 21
Show
45.(1) This section applies if the Minister believes-- 22
(a) a ground exists to suspend or cancel an interactive gambling 23
licence; and 24
(b) the act, omission or other thing constituting the ground is of a 25
serious and fundamental nature; and 26
(c) either-- 27
(i) the integrity of the conduct of interactive games by the 28
licensed provider may be jeopardised in a material way; or 29
(ii) the public interest may be affected in an adverse and material 30
way. 31
s 46 34 s 46
Interactive Gambling (Player Protection)
(2) The Minister must give the licensed provider a written notice (a 1
"show cause notice") that-- 2
(a) states the action (the "proposed action") the Minister proposes 3
taking under this division; and 4
(b) states the grounds for the proposed action; and 5
(c) outlines the facts and circumstances forming the basis for the 6
grounds; and 7
(d) if the proposed action is suspension of the interactive gambling 8
licence--states the proposed suspension period; and 9
(e) invites the licensed provider to show within a stated period (the 10
"show cause period") why the proposed action should not be 11
taken. 12
(3) The show cause period must be a period ending at least 21 days after 13
the show cause notice is given to the licensed provider. 14
of show cause notice to be given to interested persons 15
Copy
46.(1) The Minister must promptly give a copy of the show cause notice 16
to-- 17
(a) each participating regulator; and 18
(b) each person (an "interested person") the Minister believes has 19
an interest in the interactive gambling licence if the Minister 20
considers-- 21
(i) the person's interest may be affected adversely by the 22
suspension or cancellation of the licence; and 23
(ii) it is otherwise appropriate in the circumstances to give the 24
copy of the notice to the person. 25
(2) In considering whether it is appropriate to give a copy of the show 26
cause notice to an interested person, the issues to which the Minister may 27
have regard include the following-- 28
(a) the nature of the interested person's interest; 29
(b) whether the licensed provider's interest may be improperly 30
prejudiced. 31
s 47 35 s 49
Interactive Gambling (Player Protection)
(3) A person to whom a copy of the show cause notice is given may 1
make representations about the notice to the Minister in the show cause 2
period. 3
of representations 4
Consideration
47. The Minister must consider all written representations (the "accepted 5
representations") made during the show cause period by-- 6
(a) the licensed provider; or 7
(b) any participating regulator or interested person to whom a copy of 8
the show cause notice is given. 9
suspension 10
Immediate
48.(1) The Minister may suspend an interactive gambling licence 11
immediately if the Minister believes-- 12
(a) a ground exists to suspend or cancel the licence; and 13
(b) the circumstances are so extraordinary that it is imperative to 14
suspend the licence immediately to ensure-- 15
(i) the public interest is not affected in an adverse and material 16
way; or 17
(ii) the integrity of the conduct of interactive games by the 18
licensed provider is not jeopardised in a material way. 19
(2) The suspension-- 20
(a) must be effected by written notice (a "suspension notice") given 21
to the licensed provider with a show cause notice; and 22
(b) operates immediately the suspension notice is given; and 23
(c) continues to operate until the show cause notice is finally dealt 24
with. 25
licensed provider 26
Censuring
49.(1) This section applies if the Minister-- 27
(a) believes a ground exists to suspend or cancel an interactive 28
s 50 36 s 50
Interactive Gambling (Player Protection)
gambling licence; but 1
(b) does not believe the giving of a show cause notice to the licensed 2
provider is warranted. 3
(2) This section also applies if, after considering the accepted 4
representations for a show cause notice, the Minister-- 5
(a) still believes a ground exists to suspend or cancel an interactive 6
gambling licence; but 7
(b) does not believe suspension or cancellation of the licence is 8
warranted. 9
(3) The Minister may, by written notice given to the licensed provider, 10
censure the licensed provider for a matter relating to the ground for 11
suspension or cancellation. 12
to rectify 13
Direction
50.(1) This section applies if-- 14
(a) the Minister believes-- 15
(i) a ground exists to suspend or cancel an interactive gambling 16
licence; but 17
(ii) it is appropriate to give the licensed provider an opportunity 18
to rectify the matter without giving a show cause notice; and 19
(b) the licensed provider has been given written notice that the 20
Minister proposes to give a direction under this section and a 21
reasonable opportunity to make representations about the 22
proposed direction. 23
(2) This section also applies if, after considering the accepted 24
representations for a show cause notice, the Minister-- 25
(a) still believes a ground exists to suspend or cancel an interactive 26
gambling licence; but 27
(b) believes it is appropriate to give the licensed provider an 28
opportunity to rectify the matter. 29
(3) The Minister may, by written notice given to the licensed provider, 30
direct the licensed provider to rectify the matter within the period stated in 31
s 51 37 s 52
Interactive Gambling (Player Protection)
the notice. 1
(4) The notice must state the reasons for the decision to give the 2
direction. 3
(5) The period stated in the notice must be reasonable having regard to 4
the nature of the matter to be rectified. 5
(6) A licensed provider must comply with a direction under this section. 6
Maximum penalty for subsection (6)--40 penalty units. 7
referring question of disciplinary action to Governor in Council 8
Notice
51.(1) This section applies if, after considering the accepted 9
representations for the show cause notice, the Minister still believes-- 10
(a) a ground exists to suspend or cancel the interactive gambling 11
licence; and 12
(b) the act, omission or other thing constituting the ground is of a 13
serious and fundamental nature; and 14
(c) either-- 15
(i) the integrity of the conduct of interactive games by the 16
licensed provider may be jeopardised in a material way; or 17
(ii) the public interest may be affected in an adverse or material 18
way. 19
(2) This section also applies if, after considering the accepted 20
representations for a show cause notice, the Minister directs the licensed 21
provider to rectify a matter and the licensed provider fails to comply with 22
the direction within the time allowed for compliance. 23
(3) The Minister must forward to the Governor in Council-- 24
(a) written notice of the Minister's belief or of the licensed provider's 25
failure to comply with the direction; and 26
(b) copies of the accepted representations for the show cause notice. 27
cancellation and appointment of administrator 28
Suspension,
52.(1) After receiving the notice from the Minister under section 51, the 29
s 53 38 s 53
Interactive Gambling (Player Protection)
Governor in Council may-- 1
(a) if the proposed action stated in the show cause notice was to 2
suspend the interactive gambling licence for a stated 3
period--suspend the licence for not longer than the stated period; 4
or 5
(b) if the proposed action stated in the show cause notice was to 6
cancel the interactive gambling licence-- 7
(i) suspend the licence for a period; or 8
(ii) cancel the licence; or 9
(iii) appoint an administrator to conduct the operations of the 10
licensed provider under the licence; or 11
(c) direct the Minister to censure the licensed provider. 12
(2) The Minister must promptly give written notice of the decision of the 13
Governor in Council to the licensed provider. 14
(3) A decision to suspend or cancel the licence, or to appoint an 15
administrator, takes effect on the later of the following-- 16
(a) the day the notice is given to the licensed provider; 17
(b) if a later day is stated in the notice--the later day. 18
of appointment, and role, of administrator 19
Terms
53.(1) This section applies to an administrator appointed by the Governor 20
in Council to conduct operations under an interactive gambling licence. 21
(2) For any matter not provided for under this Act, the administrator 22
holds office on terms decided by the Governor in Council. 23
(3) The administrator-- 24
(a) has full control of, and responsibility for, the operations of the 25
licensed provider conducted under the interactive gambling 26
licence (including authorised games that had been commenced 27
but not completed as at the time of the administrator's 28
appointment); and 29
(b) subject to any directions by the Minister, must conduct the 30
operations as required by this Act as if the administrator were the 31
s 54 39 s 56
Interactive Gambling (Player Protection)
licensed provider. 1
(4) The costs of and incidental to the conduct and administration of a 2
licensed provider's operations by an administrator under this section (the 3
"costs of administration") are payable by the licensed provider. 4
(5) Any profits derived from the conduct of the licensed provider's 5
operations by the administrator are, after payment of the costs of 6
administration, to be paid to the licensed provider. 7
or reduction of period of suspension 8
Cancellation
54.(1) If an interactive gambling licence is under suspension, the 9
Governor in Council may at any time-- 10
(a) cancel the suspension; or 11
(b) reduce the remaining period of suspension by a stated period. 12
(2) The Minister must promptly give written notice of the decision of the 13
Governor in Council to the licensed provider. 14
Division 4--Investigations into suitability 15
program 16
Audit
55.(1) The Minister may approve an audit program for investigating 17
licensed providers and their business or executive associates. 18
(2) The chief executive is responsible for ensuring that investigations 19
under an approved audit program are conducted in accordance with the 20
program. 21
(3) A person may be investigated under an audit program only if there 22
has not been an investigation of the same person within the preceding 23
2 years. 24
25
Investigations
56.(1) The chief executive may investigate a licensed provider to help the 26
Minister decide whether the licensed provider is a suitable person to hold, or 27
to continue to hold, an interactive gambling licence. 28
s 57 40 s 57
Interactive Gambling (Player Protection)
(2) The chief executive may investigate a business or executive associate 1
of a licensed provider to help the Minister decide whether the person is, or 2
continues to be, a suitable person to be associated with a licensed provider's 3
operations. 4
(3) However, the chief executive may investigate a licensed provider only 5
if-- 6
(a) the Minister reasonably suspects the licensed provider is not, or is 7
no longer, a suitable person to hold an interactive gambling 8
licence; or 9
(b) the investigation is made under an audit program for licensed 10
providers approved by the Minister. 11
(4) Also, the chief executive may investigate a business or executive 12
associate of a licensed provider only if-- 13
(a) the Minister reasonably suspects the person is not, or is no 14
longer, a suitable person to be associated with a licensed 15
provider's operations; or 16
(b) the investigation is made under an audit program for associates of 17
licensed providers approved by the Minister; or 18
(c) the person-- 19
(i) became a business or executive associate of the licensed 20
provider after the issue of the interactive gambling licence; 21
and 22
(ii) has not been investigated previously under an audit program 23
mentioned in paragraph (b). 24
to give information or document for investigation 25
Requirement
57.(1) In investigating a licensed provider, or a business or executive 26
associate of a licensed provider, the chief executive may, by written notice 27
given to the person, require the person to give the chief executive 28
information or a document the chief executive considers relevant to the 29
investigation. 30
(2) When making the requirement, the chief executive must warn the 31
person it is an offence to fail to comply with the requirement, unless the 32
s 58 41 s 59
Interactive Gambling (Player Protection)
person has a reasonable excuse. 1
(3) The person must comply with the requirement, unless the person has 2
a reasonable excuse. 3
Maximum penalty--200 penalty units or 2 years imprisonment. 4
(4) It is a reasonable excuse for the person not to comply with the 5
requirement if complying with the requirement might tend to incriminate 6
the person. 7
(5) The person does not commit an offence against this section if the 8
information or document sought by the chief executive is not in fact relevant 9
to the investigation. 10
about person's criminal history 11
Reports
58.(1) If the chief executive, in making an investigation about a person 12
under section 35 or 56 1 asks the commissioner of the police service for a 13
written report about the person's criminal history, the commissioner must 14
give the report to the chief executive. 15
(2) The report is to contain-- 16
(a) relevant information in the commissioner's possession; and 17
(b) relevant information that the commissioner can reasonably obtain 18
by asking officials administering police services in other 19
Australian jurisdictions; and 20
(c) other relevant information to which the commissioner has access. 21
about interactive gambling licence not to be justiciable 22
Decisions
59.(1) A decision of the Governor in Council or Minister made, or 23
appearing to be made, under this Act about an interactive gambling licence, 24
a person with an interest or potential interest in an interactive gambling 25
licence, the authorisation (or revocation of the authorisation) of an 26
interactive game or the approval (or cancellation of the approval) of an 27
exemption scheme-- 28
1 Section 35 (Investigations of suitability of persons) or 56 (Investigations)
s 60 42 s 60
Interactive Gambling (Player Protection)
(a) is final and conclusive; and 1
(b) cannot be challenged, appealed against, reviewed, quashed, set 2
aside, or called in question in another way, under the Judicial 3
Review Act 1991 or otherwise (whether by the Supreme Court, 4
another court, a tribunal or another entity); and 5
(c) is not subject to any writ or order of the Supreme Court, another 6
court, a tribunal or another entity on any ground. 7
(2) The decision to which subsection (1) applies include, but are not 8
limited to-- 9
(a) a decision of the Governor in Council mentioned in schedule 1, 10
part 1; and 11
(b) a decision of the Minister mentioned in schedule 1, part 2. 12
(3) In this section-- 13
"decision" includes-- 14
(a) conduct engaged in to make a decision; and 15
(b) conduct related to making a decision; and 16
(c) failure to make a decision. 17
PART 4--KEY PERSONS 18
Division 1--Requirement for key persons to be licensed 19
of "key person" and "key relationship" 20
Meaning
60.(1) A "key person" is a person who-- 21
(a) occupies or acts in a managerial position, or carries out 22
managerial functions, in relation to operations carried out under 23
an interactive gambling licence or the business of the licensed 24
provider; or 25
(b) is in a position to control or exercise significant influence over the 26
s 61 43 s 62
Interactive Gambling (Player Protection)
operations conducted under an interactive gambling licence; or 1
(c) occupies or acts in a position designated in the licensed provider's 2
approved control system as a key position; or 3
(d) occupies a position with, or carries out functions for, a licensed 4
provider that make the person a key person under criteria 5
prescribed under a regulation; or 6
(e) is a business or executive associate of a licensed provider 7
designated by the chief executive, by written notice given to the 8
licensed provider, as a key person. 9
(2) Subsection (1)(a) and (b) applies to a position only if the position is 10
designated by the chief executive by written notice given to the licensed 11
provider as a key position. 12
(3) Subsection (1)(a) applies to functions only if the functions are 13
designated by the chief executive by written notice given to the licensed 14
provider as key functions. 15
(4) A "key relationship" is a relationship (other than a familial 16
relationship) between a licensed provider and another person as a result of 17
which the other person is a key person. 18
to hold licence 19
Obligation
61.(1) A person must not accept employment as a key person, or agree 20
to carry out as an employee the duties of a key person, unless the person is 21
a key person licensee. 22
Maximum penalty--40 penalty units. 23
(2) A licensed provider must not employ a person to carry out the 24
functions of a key person, unless the person is a key person licensee. 25
Maximum penalty for subsection (2)--40 penalty units. 26
that key person apply for licence or end role 27
Requirement
62.(1) If the chief executive reasonably believes a person (other than a 28
key person licensee) is a key person, the chief executive may, by written 29
notice given to the person, require the person either to apply for a key 30
person licence or to terminate the relevant key relationship, within 7 days of 31
s 63 44 s 64
Interactive Gambling (Player Protection)
receiving the notice. 1
(2) The person must comply with the requirement within 7 days of 2
receiving the notice, unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units or 1 year's imprisonment. 4
(3) The chief executive must give a copy of the notice to the relevant 5
licensed provider. 6
that key person end role 7
Requirement
63.(1) If the chief executive refuses to approve an application for a key 8
person licence made by a person of whom a requirement has been made 9
under section 62, the chief executive may, by written notice given to the 10
person, require the person to terminate the relevant key relationship within 11
the time stated in the notice. 12
(2) The person must comply with the requirement within the time stated 13
in the notice, unless the person has a reasonable excuse. 14
Maximum penalty--100 penalty units or 1 year's imprisonment. 15
(3) A person does not incur any liability as a result of action taken to 16
comply with a notice under this section. 17
to end key person's role 18
Requirement
64.(1) This section applies if a requirement is made of a person under 19
section 62 and-- 20
(a) the person fails to comply with the requirement; or 21
(b) the chief executive refuses to approve an application for a key 22
person licence made by the person. 23
(2) This section also applies if a requirement is made of a person under 24
section 63 and the person fails to comply with the requirement. 25
(3) The chief executive may, by written notice given to the licensed 26
provider with whom the key relationship exists, require the licensed 27
provider to take any necessary action to terminate the key relationship 28
within the time stated in the notice. 29
(4) The licensed provider must comply with the requirement. 30
s 65 45 s 67
Interactive Gambling (Player Protection)
(5) This section applies to a licensed provider despite another Act or law. 1
(6) A licensed provider does not incur any liability because of action 2
taken to comply with a notice under this section. 3
Division 2--Applications for, and issue of, key person licences 4
for key person licence 5
Application
65.(1) An application for a key person licence must be made to the chief 6
executive in the approved form. 7
(2) An application must be accompanied by-- 8
(a) if a key relationship exists or is proposed with a licensed 9
provider--a letter from the licensed provider addressed to the 10
chief executive confirming the existence or proposed existence of 11
the key relationship; and 12
(b) any documents prescribed under a regulation; and 13
(c) the application fee prescribed under a regulation. 14
(3) The chief executive may, by written notice given to an applicant for a 15
key person licence, require the applicant to give the chief executive further 16
information or a document that is necessary and reasonable to help the chief 17
executive decide the application. 18
of application 19
Consideration
66.(1) The chief executive must consider an application for a key person 20
licence and either grant or refuse to grant the application. 21
(2) Despite subsection (1), the chief executive is required to consider an 22
application only if the applicant agrees to having the applicant's photograph 23
and fingerprints taken. 24
for granting application 25
Conditions
67.(1) The chief executive may grant an application for a key person 26
licence only if-- 27
s 68 46 s 70
Interactive Gambling (Player Protection)
(a) the applicant's photograph and fingerprints have been taken; and 1
(b) the chief executive is satisfied the applicant is a suitable person to 2
hold a key person licence. 3
(2) In deciding whether the applicant is a suitable person to hold a key 4
person licence, the chief executive may have regard to the following 5
matters-- 6
(a) the applicant's character; 7
(b) the applicant's current financial position and financial 8
background; 9
(c) the applicant's general suitability to carry out functions for a 10
licensed provider as a key person. 11
of suitability of applicant 12
Investigation
68. The chief executive may investigate an applicant for a key person 13
licence to help the chief executive decide whether the applicant is a suitable 14
person to hold a key person licence. 15
on application 16
Decision
69.(1) If the chief executive decides to grant an application for a key 17
person licence, the chief executive must promptly-- 18
(a) issue a key person licence to the applicant; and 19
(b) give written notice of the grant of the licence to the relevant 20
licensed provider. 21
(2) If the chief executive decides to refuse to grant an application for a 22
key person licence, the chief executive must promptly-- 23
(a) give the applicant an information notice about the decision; and 24
(b) give a copy of the notice to the relevant licensed provider. 25
of key person licence 26
Form
70.(1) A key person licence must be in the approved form. 27
(2) The approved form must provide for the inclusion of the following 28
s 71 47 s 74
Interactive Gambling (Player Protection)
particulars-- 1
(a) the key person licensee's name; 2
(b) a recent photograph of the licensee; 3
(c) the date of issue of the licence; 4
(d) the conditions of the licence; 5
(e) other particulars prescribed under a regulation. 6
of key person licence 7
Term
71. A key person licence remains in force unless it lapses or is cancelled 8
or surrendered. 9
of key person licence 10
Lapsing
72. A key person licence lapses if there has been no key relationship 11
between the key person licensee and a licensed provider for a continuous 12
period of 1 year. 13
14
Conditions
73.(1) The chief executive may issue a key person licence-- 15
(a) on conditions the chief executive considers necessary or desirable 16
for the proper conduct of interactive games; and 17
(b) on other conditions the chief executive considers necessary or 18
desirable in the public interest. 19
(2) If the chief executive decides to issue a key person licence on 20
conditions, the chief executive must promptly-- 21
(a) give the applicant an information notice about the decision; and 22
(b) give a copy of the notice to the relevant licensed provider. 23
conditions of key person licence 24
Changing
74.(1) The chief executive may decide to change the conditions of a key 25
person licence if the chief executive considers it necessary or desirable to 26
s 75 48 s 75
Interactive Gambling (Player Protection)
make the change for the proper conduct of interactive games or otherwise in 1
the public interest. 2
(2) If the chief executive decides to change the conditions of a key person 3
licence, the chief executive must promptly-- 4
(a) give the key person licensee an information notice about the 5
decision; and 6
(b) if the chief executive believes there is currently a key relationship 7
between the key person licensee and a licensed provider--give the 8
licensed provider a copy of the information notice. 9
(3) The key person licensee must return the licence to the chief executive 10
within 7 days of receiving the information notice, unless the licensee has a 11
reasonable excuse. 12
Maximum penalty--40 penalty units. 13
(4) On receiving the licence, the chief executive must-- 14
(a) amend the licence in an appropriate way and return the amended 15
licence to the key person licensee; or 16
(b) if the chief executive does not consider it practicable to amend the 17
licence--issue another key person licence, incorporating the 18
changed conditions, to the key person licensee to replace the 19
licence returned to the chief executive. 20
(5) The change of conditions does not depend on the licence being 21
amended to record the change or a replacement licence being issued. 22
(6) The change of conditions takes effect-- 23
(a) on the day the information notice is given to the key person 24
licensee; or 25
(b) if a later day of effect is stated in the notice--on the later day. 26
(7) The power of the chief executive under subsection (1) includes the 27
power to add conditions to an unconditional licence. 28
of key person licence 29
Replacement
75.(1) A key person licensee may apply to the chief executive for the 30
replacement of the licensee's licence if it has been lost, stolen, destroyed or 31
s 76 49 s 76
Interactive Gambling (Player Protection)
damaged. 1
(2) The chief executive must consider an application and either grant or 2
refuse to grant the application. 3
(3) The chief executive must grant the application if the chief executive is 4
satisfied the licence has been lost, stolen or destroyed, or damaged in a way 5
to require its replacement. 6
(4) If the chief executive decides to grant an application, the chief 7
executive must, on payment of the fee prescribed under a regulation, issue 8
another key person licence to the applicant to replace the lost, stolen, 9
destroyed or damaged licence. 10
(5) If the chief executive decides to refuse to grant an application, the 11
chief executive must promptly-- 12
(a) give the key person licensee an information notice about the 13
decision; and 14
(b) if the chief executive believes there is currently a key relationship 15
between the key person licensee and a licensed provider--give the 16
licensed provider a copy of the information notice. 17
of key person licence 18
Surrender
76.(1) A key person licensee may surrender the licence by written notice 19
given to the chief executive. 20
(2) The surrender takes effect on-- 21
(a) the day the notice is given to the chief executive; or 22
(b) if a later day of effect is stated in the notice--the later day. 23
(3) If the chief executive believes there was a key relationship between 24
the key person licensee and a licensed provider at the time of the surrender, 25
the chief executive must promptly give notice of the surrender to the 26
licensed provider. 27
s 77 50 s 78
Interactive Gambling (Player Protection)
3--Suspension and cancellation of key person licences 1
Division
for suspension or cancellation 2
Grounds
77.(1) Each of the following is a ground for suspending or cancelling the 3
key person licence of a key person licensee-- 4
(a) the licensee is not, or is no longer, a suitable person to hold a key 5
person licence; 6
(b) the licensee has been convicted of an offence against this Act, a 7
gaming Act or a corresponding law; 8
(c) the licensee has been convicted of an indictable offence; 9
(d) the licensee has contravened a condition of the licence; 10
(e) the licensee has contravened a provision of this Act or a 11
corresponding law (being a provision a contravention of which 12
does not constitute an offence); 13
(f) the licence was obtained by a materially false or misleading 14
representation or declaration or in some other improper way. 15
(2) For forming a belief that the ground mentioned in subsection (1)(a) 16
exists, the chief executive may have regard to the same matters to which the 17
chief executive may have regard in deciding whether an applicant for a key 18
person licence is a suitable person to hold a key person licence. 19
cause notice 20
Show
78.(1) If the chief executive believes a ground exists to suspend or cancel 21
a key person licence, the chief executive must give the key person licensee a 22
written notice under this section (a "show cause notice"). 23
(2) The show cause notice must-- 24
(a) state the action (the "proposed action") the chief executive 25
proposes taking under this division; and 26
(b) state the grounds for the proposed action; and 27
(c) outline the facts and circumstances forming the basis for the 28
grounds; and 29
s 79 51 s 79
Interactive Gambling (Player Protection)
(d) if the proposed action is suspension of the licence--state the 1
proposed suspension period; and 2
(e) invite the key person licensee to show within a stated period (the 3
"show cause period") why the proposed action should not be 4
taken. 5
(3) The show cause period must be a period ending not less than 21 days 6
after the show cause notice is given to the key person licensee. 7
(4) If the chief executive believes there is a key relationship between the 8
key person licensee and a licensed provider-- 9
(a) the chief executive must promptly give a copy of the show cause 10
notice to the licensed provider; and 11
(b) the licensed provider may make representations about the notice 12
to the chief executive in the show cause period. 13
(5) The chief executive must consider all written representations (the 14
"accepted representations") made during the show cause period by-- 15
(a) the key person licensee; or 16
(b) a licensed provider to whom a copy of the show cause notice is 17
given. 18
suspension 19
Immediate
79.(1) The chief executive may suspend a key person licence 20
immediately if the chief executive believes-- 21
(a) a ground exists to suspend or cancel the licence; and 22
(b) it is necessary to suspend the licence immediately-- 23
(i) in the public interest; or 24
(ii) to ensure the integrity of the conduct of interactive games is 25
not jeopardised. 26
(2) The suspension-- 27
(a) must be effected by written notice (a "suspension notice") given 28
to the key person licensee with a show cause notice; and 29
(b) operates immediately the suspension notice is given; and 30
s 80 52 s 81
Interactive Gambling (Player Protection)
(c) continues to operate until the show cause notice is finally dealt 1
with. 2
(3) The suspension notice must state the reason for the decision to 3
suspend the key person licence immediately. 4
(4) If the chief executive believes there is a key relationship between the 5
key person licensee and a licensed provider, the chief executive must 6
promptly give a copy of the suspension notice to the licensed provider. 7
key person licensee 8
Censuring
80.(1) This section applies if, after considering the accepted 9
representations for the show cause notice, the chief executive-- 10
(a) still believes a ground exists to suspend or cancel the key person 11
licence; but 12
(b) does not believe that suspension or cancellation of the licence is 13
warranted. 14
(2) The chief executive may, by written notice given to the key person 15
licensee, censure the licensee for a matter relating to the ground for 16
suspension or cancellation. 17
(3) The notice must state the reason for the decision to censure the key 18
person licensee. 19
(4) If the chief executive believes there is currently a key relationship 20
between the key person licensee and a licensed provider, the chief executive 21
must promptly give a copy of the notice to the licensed provider. 22
to rectify 23
Direction
81.(1) This section applies if-- 24
(a) the chief executive believes-- 25
(i) a ground exists to suspend or cancel a key person licence; 26
but 27
(ii) it is appropriate to give the key person licensee an 28
opportunity to rectify the matter without giving a show cause 29
notice; and 30
s 82 53 s 82
Interactive Gambling (Player Protection)
(b) the key person licensee has been given written notice that the chief 1
executive proposes to give a direction under this section and a 2
reasonable opportunity to make representations about the 3
proposed direction. 4
(2) This section also applies if, after considering the accepted 5
representations for a show cause notice, the chief executive-- 6
(a) still believes a ground exists to suspend or cancel a key person 7
licence; but 8
(b) believes it is appropriate to give the key person licensee an 9
opportunity to rectify the matter. 10
(3) The chief executive may, by written notice given to the key person 11
licensee, direct the licensee to rectify the matter within the period stated in 12
the notice. 13
(4) The notice must state the reasons for the decision to give the 14
direction. 15
(5) The period stated in the notice must be reasonable having regard to 16
the nature of the matter to be rectified. 17
(6) If the chief executive believes there is currently a key relationship 18
between the key person licensee and a licensed provider, the chief executive 19
must promptly give a copy of the notice to the licensed provider. 20
(7) A key person licensee must comply with a direction under this 21
section. 22
Maximum penalty for subsection (7)--20 penalty units. 23
and cancellation of key person licence 24
Suspension
82.(1) This section applies if, after considering the accepted 25
representations for a show cause notice, the chief executive-- 26
(a) still believes a ground exists to suspend or cancel the key person 27
licence; and 28
(b) believes suspension or cancellation of the licence is warranted. 29
(2) This section also applies if, after considering the accepted 30
representations for a show cause notice, the Minister directs the key person 31
licensee to rectify a matter and the licensee fails to comply with the direction 32
s 83 54 s 83
Interactive Gambling (Player Protection)
within the time allowed for compliance. 1
(3) The chief executive may-- 2
(a) if the proposed action stated in the show cause notice was to 3
suspend the key person licence for a stated period--suspend the 4
licence for not longer than the stated period; or 5
(b) if the proposed action stated in the show cause notice was to 6
cancel the key person licence--either cancel the licence or 7
suspend it for a period. 8
(4) The chief executive must promptly-- 9
(a) give an information notice about the decision to the key person 10
licensee; and 11
(b) if the chief executive believes there is currently a key relationship 12
between the key person licensee and a licensed provider--give a 13
copy of the information notice to the licensed provider. 14
(5) The decision takes effect on-- 15
(a) the day the information notice is given to the key person licensee; 16
or 17
(b) if a later day of effect is stated in the information notice--the later 18
day. 19
or reduction of period of suspension 20
Cancellation
83.(1) At any time the suspension of a key person licence is in force, the 21
chief executive may-- 22
(a) cancel the remaining period of suspension; or 23
(b) reduce the remaining period of suspension by a stated period. 24
(2) The chief executive may cancel or reduce the period only if the chief 25
executive considers it appropriate to take the action. 26
(3) The chief executive must promptly give written notice of the decision 27
to-- 28
(a) the key person licensee; and 29
(b) if the chief executive believed there was a key relationship 30
s 84 55 s 86
Interactive Gambling (Player Protection)
between the key person licensee and a licensed provider when the 1
key person licence was suspended--the licensed provider. 2
Division 4--Investigation of key person licensees 3
program 4
Audit
84.(1) The chief executive may approve an audit program for 5
investigating key person licensees. 6
(2) The chief executive is responsible for ensuring that investigations of 7
key person licensees are conducted under an approved audit program in 8
accordance with the program. 9
(3) A person may be investigated under an audit program only if there 10
has not been an investigation of the same person within the preceding 11
2 years. 12
into suitability of key person licensees 13
Investigations
85.(1) The chief executive may investigate a key person licensee to find 14
out whether the licensee is a suitable person to hold, or to continue to hold, a 15
key person licence. 16
(2) However, the chief executive may investigate a key person licensee 17
under this section only if-- 18
(a) the chief executive reasonably suspects the licensee is not, or is no 19
longer, a suitable person to hold a key person licence; or 20
(b) the investigation is made under an audit program for key person 21
licensees approved by the chief executive. 22
to give information or document for investigation 23
Requirement
86.(1) In investigating a key person licensee, the chief executive may, by 24
written notice given to the licensee, require the licensee to give the chief 25
executive information or a document the chief executive considers relevant 26
to the investigation. 27
(2) When making the requirement, the chief executive must warn the key 28
s 87 56 s 88
Interactive Gambling (Player Protection)
person licensee that it is an offence to fail to comply with the requirement, 1
unless the licensee has a reasonable excuse. 2
(3) The key person licensee must comply with the requirement, unless 3
the licensee has a reasonable excuse. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(4) It is a reasonable excuse if complying with the requirement might 6
tend to incriminate the key person licensee. 7
(5) The key person licensee does not commit an offence against this 8
section if the information or document sought by the chief executive is not 9
in fact relevant to the investigation. 10
about criminal history 11
Reports
87.(1) If the chief executive, in making an investigation under section 68 12
or 85 2 into the suitability of a person to hold, or to continue to hold, a key 13
person licence, asks the commissioner of the police service for a written 14
report on the person's criminal history, the commissioner must give the 15
report to the chief executive. 16
(2) The report is to contain-- 17
(a) relevant information in the commissioner's possession; and 18
(b) relevant information that the commissioner can reasonably obtain 19
by asking officials administering police services in other 20
Australian jurisdictions; and 21
(c) other relevant information to which the commissioner has access. 22
Division 5--Requirements about employment 23
of start of employee's employment 24
Notice
88. Within 7 days after a key person licensee starts employment with a 25
licensed provider, the licensed provider must notify the chief executive of 26
2 Section 68 (Investigation of suitability of applicant) or 85 (Investigations into
suitability of key person licensees)
s 89 57 s 90
Interactive Gambling (Player Protection)
the start of the employment by notice in the approved form. 1
Maximum penalty--40 penalty units. 2
about employees 3
Returns
89.(1) The chief executive may, by written notice given to a licensed 4
provider, require the licensed provider to give a return under this section. 5
(2) The notice must state the time (not less than 14 days after the notice is 6
given) for giving the return. 7
(3) A notice must not be given under this section within 1 month after 8
the giving of a previous notice. 9
(4) If a licensed provider is given a notice under subsection (1), the 10
licensed provider must give a return as required by this section listing the 11
employees currently employed by the licensed provider (including both 12
those who are key person licensees and those who are not) and the nature of 13
the duties in which each of them is engaged. 14
Maximum penalty--40 penalty units. 15
(5) The return must-- 16
(a) be in the approved form; and 17
(b) be given to the chief executive within the time stated in the notice. 18
6--Requirements about key relationships 19
Division
of end of key relationship 20
Notice
90. Within 7 days after a key relationship between a licensed provider 21
and another person terminates or is terminated, the licensed provider must 22
notify the chief executive of the end of the relationship by notice in the 23
approved form. 24
Maximum penalty--40 penalty units. 25
s 91 58 s 93
Interactive Gambling (Player Protection)
to end key relationship 1
Requirement
91.(1) This section applies if-- 2
(a) a key relationship exists between a licensed provider and a key 3
person licensee; and 4
(b) the key person licence is cancelled or suspended, or the key 5
person licensee ceases to hold a key person licence for some other 6
reason. 7
(2) The chief executive may, by written notice given to the licensed 8
provider, require the licensed provider to terminate the key relationship 9
within the time stated in the notice. 10
(3) The licensed provider must comply with the requirement. 11
(4) This section applies to a licensed provider despite another Act or law 12
or any industrial award or agreement. 13
(5) A licensed provider does not incur any liability by complying with a 14
requirement of the chief executive under this section. 15
7--General 16
Division
statements by applicants 17
False
92. A person must not, for an application made under this part, state 18
anything the person knows is false or misleading in a material particular. 19
Maximum penalty--40 penalty units. 20
of fingerprints 21
Destruction
93.(1) This section applies if-- 22
(a) an application for a key person licence is refused; or 23
(b) a key person licence is surrendered; or 24
(c) a key person licence lapses; or 25
(d) a key person licence is cancelled. 26
(2) The chief executive must have any fingerprints of the applicant or the 27
s 94 59 s 95
Interactive Gambling (Player Protection)
former key person licensee taken for the application for the key person 1
licence destroyed as soon as practicable. 2
(3) However, if an application for a key person licence is refused, or a 3
key person licence is cancelled, the fingerprints are not to be destroyed until 4
the end of the time allowed for starting an appeal or, if there is an appeal, 5
until the appeal is decided. 6
ART 5--AGENTS 7
P
1--Agency agreements 8
Division
of "agent" 9
Meaning
94.(1) A person is an "agent" if the person carries out any of the 10
following functions, in or outside Queensland, for a licensed provider-- 11
(a) registering a player; 12
(b) establishing a players account; 13
(c) accepting deposits for, or authorising withdrawals from, a players 14
account; 15
(d) other functions classified as agency functions under a regulation. 16
17
Example--
18
A particular kind of promotional activity related to interactive games might be
19
classified under a regulation as an agency function.
(2) A person is also an "agent" if the person carries out in Queensland 20
any of the functions mentioned in subsection (1) for an external provider. 21
of "agency agreement" 22
Meaning
95. An "agency agreement" is an agreement between a licensed 23
provider and another person-- 24
(a) appointing the other person as an agent; and 25
s 96 60 s 96
Interactive Gambling (Player Protection)
(b) dealing with the agent's authority; and 1
(c) stating the conditions under which the agent acts as, and remains, 2
an agent of the licensed provider; and 3
(d) stating other matters agreed between the agent and the licensed 4
provider. 5
for entering into agency agreement 6
Conditions
96.(1) A licensed provider may only appoint a person as an agent for the 7
licensed provider if-- 8
(a) the person is-- 9
(i) in the case of an individual--at least 18 years of age; and 10
(ii) eligible to be an agent under criteria prescribed under a 11
regulation; and 12
(b) the appointment is made under an agency agreement-- 13
(i) in a form approved by the chief executive; and 14
(ii) stating the agent's place of operation; and 15
(iii) including any other provisions required by the chief 16
executive. 17
(2) The chief executive must not require the inclusion of a provision in an 18
agency agreement unless the chief executive believes on reasonable grounds 19
that the inclusion of the provision is reasonably necessary to ensure-- 20
(a) that the integrity of the conduct of interactive games is not 21
jeopardised in a material way; or 22
(b) the public interest is not affected in an adverse and material way. 23
(3) A licensed provider must not appoint, or purport to appoint, a person 24
as an agent otherwise than as permitted by this section. 25
Maximum penalty for subsection (3)--200 penalty units or 2 years 26
imprisonment. 27
s 97 61 s 100
Interactive Gambling (Player Protection)
of agency agreement 1
Notice
97. Within 7 days after entering into an agency agreement, the licensed 2
provider must give the chief executive a copy of the agreement. 3
of agency agreement 4
Amendment
98.(1) An agency agreement may only be amended with the written 5
approval of the chief executive. 6
(2) The chief executive may withhold approval of a proposed 7
amendment only if it is necessary to do so in the public interest or to protect 8
proper standards of integrity in the conduct of interactive games. 9
about agents 10
Returns
99.(1) A licensed provider must give a return as required by this section 11
listing the provider's current agents. 12
Maximum penalty--40 penalty units. 13
(2) The return must be in the approved form, and given to the chief 14
executive at least once every 6 months. 15
2--Terminating agency agreements 16
Division
for termination 17
Grounds
100.(1) Each of the following is a ground for directing the termination of 18
an agency agreement-- 19
(a) the agent is not, or is no longer, a suitable person to be an agent; 20
(b) a business or executive associate of the agent is not, or is no 21
longer, a suitable person to be associated with an agent's 22
operations; 23
(c) the agent has been convicted of an offence against this Act, a 24
gaming Act or a corresponding law; 25
(d) the agent has been convicted of an indictable offence; 26
(e) the agent has contravened a provision of this Act or a 27
s 101 62 s 101
Interactive Gambling (Player Protection)
corresponding law (being a provision a contravention of which 1
does not constitute an offence). 2
(2) Also, it is a ground for directing the termination of an agency 3
agreement if the agent is not, or is no longer, eligible to be an agent for a 4
licensed provider. 5
(3) For forming a belief that the ground mentioned in subsection (1)(a) 6
exists, the chief executive may have regard to the following issues-- 7
(a) the agent's character or business reputation; 8
(b) the agent's current financial position and financial background; 9
(c) the agent's general suitability to act as an agent for a licensed 10
provider. 11
(4) For forming a belief that the ground mentioned in subsection (1)(b) 12
exists, the chief executive may have regard to the business or executive 13
associate's character or business reputation, and current financial position 14
and financial background. 15
cause notice 16
Show
101.(1) This section applies if the chief executive believes-- 17
(a) a ground exists for directing the termination of an agency 18
agreement; and 19
(b) the act, omission or other thing constituting the ground is of a 20
serious and fundamental nature; and 21
(c) either-- 22
(i) the integrity of the conduct of interactive games by the 23
licensed provider may be jeopardised; or 24
(ii) the public interest may be affected adversely. 25
(2) The chief executive must give the agent a written notice (a "show 26
cause notice") that-- 27
(a) states that the chief executive proposes to take action (the 28
"proposed action") to direct the licensed provider to terminate 29
the agency agreement; and 30
(b) states the grounds for the proposed action; and 31
s 102 63 s 102
Interactive Gambling (Player Protection)
(c) outlines the facts and circumstances forming the basis for the 1
grounds; and 2
(d) invites the agent to show within a stated period (the "show cause 3
period") why the proposed action should not be taken. 4
(3) The show cause period must be a period ending not less than 21 days 5
after the show cause notice is given to the agent. 6
(4) The chief executive must promptly give a copy of the show cause 7
notice to the licensed provider. 8
(5) A licensed provider to whom a copy of the show cause notice is 9
given may make representations about the notice to the chief executive in 10
the show cause period. 11
(6) The chief executive must consider all written representations (the 12
"accepted representations") made during the show cause period by-- 13
(a) the agent; or 14
(b) a licensed provider to whom a copy of the show cause notice is 15
given. 16
agent's operations 17
Suspending
102.(1) This section applies if the chief executive believes-- 18
(a) a ground exists to direct the termination of an agency agreement; 19
and 20
(b) it is necessary to suspend the agent's operations-- 21
(i) in the public interest; or 22
(ii) to ensure the integrity of the conduct of interactive games by 23
the licensed provider is not jeopardised. 24
(2) The chief executive may suspend the agent's operations. 25
(3) The suspension-- 26
(a) must be effected by written notice (a "suspension notice") given 27
to the agent with a show cause notice; and 28
(b) operates immediately the suspension notice is given; and 29
(c) continues to operate until the show cause notice is finally dealt 30
s 103 64 s 104
Interactive Gambling (Player Protection)
with. 1
(4) The suspension notice must state the reason for the decision to 2
suspend the agent's operations. 3
(5) The chief executive must promptly give a copy of the suspension 4
notice to the licensed provider. 5
(6) An agent must not carry on operations while the agent's operations 6
are suspended. 7
Maximum penalty for subsection (6)--200 penalty units or 2 years 8
imprisonment. 9
agent 10
Censuring
103.(1) This section applies if the chief executive-- 11
(a) believes a ground exists to direct the termination of an agency 12
agreement; but 13
(b) does not believe the giving of a show cause notice to the agent is 14
warranted. 15
(2) This section also applies if, after considering the accepted 16
representations for a show cause notice, the chief executive-- 17
(a) still believes a ground exists to direct the termination of the 18
agency agreement; but 19
(b) does not believe termination of the agreement is warranted. 20
(3) The chief executive may, by written notice given to the agent, censure 21
the agent for a matter relating to the ground for directing the termination of 22
the agreement. 23
(4) The notice must state the reason for the decision to censure the agent. 24
(5) The chief executive must promptly give a copy of the notice to the 25
licensed provider. 26
to rectify 27
Direction
104.(1) This section applies if-- 28
(a) the chief executive believes-- 29
s 105 65 s 105
Interactive Gambling (Player Protection)
(i) a ground exists to direct the termination of the agency 1
agreement; but 2
(ii) it is appropriate to give the agent an opportunity to rectify the 3
matter without giving a show cause notice; and 4
(b) the agent and the licensed provider by which the agent was 5
appointed have been given written notice that the Minister 6
proposes to give a direction under this section and a reasonable 7
opportunity to make representations about the proposed direction. 8
(2) This section also applies if, after considering the accepted 9
representations for a show cause notice, the chief executive-- 10
(a) still believes a ground exists to direct the termination of the 11
agency agreement; but 12
(b) believes it is appropriate to give the agent an opportunity to rectify 13
the matter. 14
(3) The chief executive may, by written notice given to the agent, direct 15
the agent to rectify the matter within the period stated in the notice. 16
(4) The notice must state the reasons for the decision to give the 17
direction. 18
(5) The period stated in the notice must be reasonable having regard to 19
the nature of the matter to be rectified. 20
(6) The chief executive must promptly give a copy of the notice to the 21
licensed provider by which the agent was appointed. 22
(7) An agent must comply with a direction under this section. 23
Maximum penalty for subsection (7)--20 penalty units. 24
to terminate affecting agents 25
Directions
105.(1) This section applies if, after considering the accepted 26
representations for the show cause notice, the chief executive still believes-- 27
(a) a ground exists to direct the termination of the agency agreement; 28
and 29
(b) the act, omission or other thing constituting the ground is of a 30
serious and fundamental nature; and 31
s 106 66 s 106
Interactive Gambling (Player Protection)
(c) either-- 1
(i) the integrity of the conduct of interactive games by the 2
licensed provider may be jeopardised; or 3
(ii) the public interest may be affected adversely. 4
(2) This section also applies if, after considering the accepted 5
representations for a show cause notice, the Minister directs the agent to 6
rectify a matter and the agent fails to comply with the direction within the 7
time allowed for compliance. 8
(3) The chief executive may, by written notice given to the licensed 9
provider, direct the licensed provider to terminate the agreement within the 10
time stated in the notice. 11
(4) If the chief executive decides to give a direction under this section, the 12
chief executive must promptly give written notice of the decision to the 13
agent affected by the decision. 14
(5) A notice under subsection (3) or (4) must state-- 15
(a) the reason for the decision to give the direction; and 16
(b) that the person to whom the notice is given may appeal against 17
the decision to the Queensland Gaming Commission within 18
28 days. 19
of agreement 20
Termination
106.(1) If the chief executive directs a licensed provider to terminate an 21
agency agreement, the licensed provider must-- 22
(a) terminate the agreement within the time stated in the notice giving 23
the direction; and 24
(b) notify the chief executive of the termination in the approved form 25
within 7 days after terminating the agreement. 26
(2) If the licensed provider does not terminate the agency agreement as 27
required by subsection (1), the agreement is terminated by this Act. 28
(3) The State does not incur any liability if an agency agreement is 29
terminated by a licensed provider under subsection (1) or by this Act. 30
s 107 67 s 109
Interactive Gambling (Player Protection)
(4) A licensed provider does not incur any liability because the licensed 1
provider terminates an agency agreement under subsection (1). 2
of termination of agreement 3
Notice
107.(1) This section applies if an agency agreement is terminated 4
otherwise than because of a direction to terminate the agreement given to the 5
licensed provider by the chief executive. 6
(2) The licensed provider must notify the chief executive in writing of the 7
termination within 7 days after the agreement is terminated. 8
Maximum penalty for subsection (2)--40 penalty units. 9
Division 3--Investigations into suitability 10
program 11
Audit
108.(1) The chief executive may approve an audit program for 12
investigating agents and their business and executive associates. 13
(2) The chief executive is responsible for ensuring that investigations of 14
agents and their business and executive associates are conducted under an 15
approved audit program in accordance with the program. 16
(3) A person may be investigated under an audit program only if there 17
has not been an investigation of the same person within the preceding 18
2 years. 19
20
Investigations
109.(1) The chief executive may investigate an agent to help the chief 21
executive decide whether the person is, or continues to be, a suitable person 22
to be an agent. 23
(2) The chief executive may investigate a business or executive associate 24
of an agent to help the chief executive to decide whether the person is, or 25
continues to be, a suitable person to be associated with an agent's 26
operations. 27
(3) However, the chief executive may investigate an agent, or a business 28
s 110 68 s 111
Interactive Gambling (Player Protection)
or executive associate of an agent, only if-- 1
(a) the chief executive reasonably suspects the person is not, or is no 2
longer, a suitable person to be an agent, or to be associated with 3
an agent's operations; or 4
(b) the investigation is made under an audit program for agents and 5
their business and executive associates approved by the chief 6
executive. 7
to give information or material for investigation 8
Requirement
110.(1) In investigating an agent or a business or executive associate of 9
an agent, the chief executive may, by written notice given to the person, 10
require the person to give the chief executive information or a document the 11
chief executive considers relevant to the investigation. 12
(2) When making the requirement, the chief executive must warn the 13
person it is an offence to fail to comply with the requirement, unless the 14
person has a reasonable excuse. 15
(3) The person must comply with the requirement unless the person has 16
a reasonable excuse. 17
Maximum penalty--200 penalty units or 2 years imprisonment. 18
(4) It is a reasonable excuse if complying with the requirement might 19
tend to incriminate the person. 20
(5) The person does not commit an offence against this section if the 21
information or document sought by the chief executive is not in fact relevant 22
to the investigation. 23
about person's criminal history 24
Reports
111.(1) If the chief executive, in making an investigation under this 25
division about a person, asks the commissioner of the police service for a 26
written report about the person's criminal history, the commissioner must 27
give the report to the chief executive. 28
(2) The report is to contain-- 29
(a) relevant information in the commissioner's possession; and 30
s 112 69 s 114
Interactive Gambling (Player Protection)
(b) relevant information that the commissioner can reasonably obtain 1
by asking officials administering police services in other 2
Australian jurisdictions; and 3
(c) other relevant information to which the commissioner has access. 4
ART 6--LICENCE FEES AND TAX 5
P
1--Licence fees 6
Division
to licence fee 7
Liability
112. A licensed provider must pay licence fees as required under the 8
conditions of the interactive gambling licence. 9
2--Interactive gambling tax 10
Division
to tax 11
Liability
113.(1) A licensed provider must pay a tax ("interactive gambling 12
tax") to the chief executive for each authorised game conducted by the 13
licensed provider. 14
(2) Interactive gambling tax is to be calculated and paid on a basis fixed 15
under a regulation. 16
(3) Rates of tax may be fixed having regard to the rates of tax payable 17
under corresponding laws. 18
for calculation of tax 19
Returns
114. Within 7 days after the end of each month, a licensed provider must 20
give the chief executive a return in an approved form containing-- 21
(a) the information for calculating interactive gambling tax on games 22
conducted by the licensed provider during the relevant month; and 23
s 115 70 s 116
Interactive Gambling (Player Protection)
(b) other information required under a regulation. 1
Maximum penalty--40 penalty units. 2
jurisdictions tax entitlement 3
Participating
115.(1) From time to time (as contemplated in the intergovernmental 4
agreement), the Minister must remit to a participating regulator a proportion 5
of the interactive gambling tax collected or recovered from licensed 6
providers ("interactive gambling tax revenue"). 7
(2) The amount to be remitted must reflect-- 8
(a) the contribution of players in the participating jurisdiction to the 9
total gambling turnover of licensed providers; and 10
(b) the proportion of interactive gambling tax revenue properly 11
attributable to that contribution. 12
(3) Amounts may be remitted under this section without further 13
appropriation. 14
of tax for community benefit 15
Payment
116.(1) The Minister must deal with the following amounts as required 16
by subsection (2)-- 17
(a) amounts collected or recovered by way of interactive gambling 18
tax collected or recovered that are not required for payment to 19
participating jurisdictions under this division; 20
(b) amounts received from participating jurisdictions under the 21
tax-sharing arrangements. 22
(2) The amounts are to be dealt with as follows-- 23
(a) a proportion prescribed under a regulation is to be paid into a fund 24
established for community benefit under a gaming Act and stated 25
in the regulation; 26
(b) the balance is to be paid into the consolidated fund. 27
(3) Amounts may be paid under this section without further 28
appropriation. 29
s 117 71 s 119
Interactive Gambling (Player Protection)
3--Recovery and penalties 1
Division
for late payment 2
Penalty
117.(1) A licensed provider must pay to the chief executive a penalty on 3
an amount of interactive gambling tax or licence fee outstanding (the 4
"unpaid amount") as at the end of the period allowed for payment. 5
(2) The penalty is the percentage prescribed under a regulation of the 6
unpaid amount. 7
(3) An additional penalty is payable by the licensed provider to the chief 8
executive for any part of the unpaid amount, and any previous penalty, 9
remaining unpaid-- 10
(a) 1 month after the end of the period allowed for payment of the 11
unpaid amount; and 12
(b) at the end of each succeeding month starting-- 13
(i) on the day of the month corresponding to the day mentioned 14
in paragraph (a); or 15
(ii) if there is no corresponding day on the first day of the 16
following month. 17
(4) The additional penalty is the percentage prescribed under a regulation 18
of each unpaid or other amount for which the penalty is payable. 19
(5) A penalty, or a part of a penalty, is not payable if the chief executive, 20
for a reason the chief executive considers appropriate, decides the penalty, 21
or the part of the penalty, need not be paid. 22
of amounts 23
Recovery
118. An amount of interactive gambling tax, licence fee or penalty 24
payable under this part is a debt payable to the State and may be recovered 25
by action in a court of competent jurisdiction. 26
offences 27
Revenue
119.(1) A licensed provider must not-- 28
(a) evade the payment of an amount payable by the licensed provider 29
s 120 72 s 120
Interactive Gambling (Player Protection)
as interactive gambling tax or licence fee; or 1
(b) give the chief executive a return containing information the 2
licensed provider knows to be false, misleading or incomplete in 3
a material particular. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(2) Subsection (1)(b) does not apply to a licensed provider if the licensed 6
provider, when giving the return-- 7
(a) informs the chief executive in writing, to the best of the licensed 8
provider's ability, how the return is false, misleading or 9
incomplete; and 10
(b) if the licensed provider has, or can reasonably obtain, the correct 11
information--gives the correct information. 12
(3) It is enough for a complaint for an offence against subsection (1) to 13
state that the document was false, misleading or incomplete to the 14
defendant's knowledge. 15
ART 7--COMPLIANCE REQUIREMENTS 16
P
Division 1--Rules and directions 17
18
Rules
120.(1) The Minister may make rules about the following-- 19
(a) the conduct of authorised games by licensed providers; 20
(b) prizes in authorised games conducted by licensed providers; 21
(c) other matters on which it is appropriate to make rules for this Act. 22
(2) Rules are subordinate legislation. 23
(3) A licensed provider may make submissions to the Minister about a 24
rule or proposed rule. 25
s 121 73 s 124
Interactive Gambling (Player Protection)
1
Directions
121.(1) The chief executive may, by written notice given to licensed 2
providers, give directions about the conduct of authorised games by 3
licensed providers. 4
(2) A licensed provider may make submissions to the chief executive 5
about a direction or proposed direction. 6
responsibilities of licensed provider 7
General
122. A licensed provider must comply with-- 8
(a) the rules; and 9
(b) any relevant direction. 10
Maximum penalty--40 penalty units. 11
of licensed provider to ensure compliance by agent 12
Responsibility
123. The licensed provider by which an agent was appointed must take 13
reasonable steps to ensure-- 14
(a) the agent is aware of the requirements of the rules and any 15
relevant direction; and 16
(b) the agent complies with requirements of the rules and any 17
relevant direction. 18
Maximum penalty--40 penalty units. 19
of agent 20
Responsibility
124.(1) An agent must comply with the rules and any relevant direction. 21
Maximum penalty--40 penalty units. 22
(2) However, it is a defence to a charge against an agent for 23
non-compliance with a direction to prove that the agent did not know, and 24
could not reasonably be expected to have known, of the requirements of the 25
direction. 26
s 125 74 s 127
Interactive Gambling (Player Protection)
2--Place of operation 1
Division
provider's place of operation 2
Licensed
125.(1) A licensed provider must not conduct an authorised game unless 3
the place of operation from which the game is conducted is approved by the 4
chief executive. 5
Maximum penalty--200 penalty units or 2 years imprisonment. 6
(2) A licensed provider must ensure that all regulated interactive 7
gambling equipment used by the licensed provider for the conduct of 8
authorised games is situated at-- 9
(a) the approved place of operation; or 10
(b) some other place approved by the chief executive for the purpose. 11
Maximum penalty--50 penalty units. 12
place of operation 13
Agent's
126. An agent must not carry on operations in Queensland at a place 14
other than a place that-- 15
(a) is of a kind prescribed under a regulation as appropriate for an 16
agent; and 17
(b) if the agent is an agent for a licensed provider--is stated in the 18
agency agreement as the agent's place of operation. 19
Maximum penalty--200 penalty units or 2 years imprisonment. 20
Division 3--Control systems 21
games to be conducted under an approved control system 22
Authorised
127.(1) A licensed provider may conduct an authorised game only if-- 23
(a) the licensed provider has an approved control system; and 24
(b) the game is conducted under the system. 25
(2) A licensed provider may change the approved control system only-- 26
s 128 75 s 128
Interactive Gambling (Player Protection)
(a) if directed by, or with the approval of, the chief executive; and 1
(b) in the way directed or approved by the chief executive. 2
system submission 3
Control
128.(1) A licensed provider may make a submission (a "control system 4
submission") to the chief executive for approval of the licensed provider's 5
proposed control system. 6
(2) A control system submission must be made in writing-- 7
(a) at least 90 days before the licensed provider proposes to start 8
conducting interactive games; or 9
(b) if the chief executive considers it appropriate to allow a 10
submission to be made at a later time--within the time allowed 11
by the chief executive. 12
(3) A control system submission must describe and explain the licensed 13
provider's proposed control system. 14
(4) In particular, a control system submission must include information 15
about-- 16
(a) the following things to be used for the conduct of interactive 17
games-- 18
(i) accounting systems and procedures and chart of accounts; 19
(ii) administrative systems and procedures; 20
(iii) computer software; 21
(iv) standard forms and terms; and 22
(b) the general procedures to be followed for the conduct of 23
interactive games; and 24
(c) the procedures and standards for the maintenance, security, 25
storage and transportation of equipment to be used for the 26
conduct of interactive games; and 27
(d) the procedures for recording and paying prizes won in interactive 28
games; and 29
(e) the procedures for using and maintaining security facilities. 30
s 129 76 s 130
Interactive Gambling (Player Protection)
(5) A control system submission may include information additional to 1
the information mentioned in subsection (4). 2
system (change) submission 3
Control
129.(1) A licensed provider may make a submission (a "control system 4
(change) submission") to the chief executive for approval to change the 5
licensed provider's approved control system. 6
(2) A control system (change) submission must be made in writing-- 7
(a) at least 90 days before the licensed provider proposes to start 8
conducting interactive games under the approved control system 9
as proposed to be changed; or 10
(b) if the chief executive considers it appropriate to allow a 11
submission to be made at a later time within the time allowed by 12
the chief executive. 13
(3) A control system (change) submission must contain particulars of the 14
proposed changes of the licensed provider's approved control system. 15
of, and decisions about, submissions 16
Consideration
130.(1) This section applies to a control system submission or control 17
system (change) submission made to the chief executive by a licensed 18
provider. 19
(2) The chief executive must consider the submission and either approve, 20
or refuse to approve, the licensed provider's proposed control system or the 21
proposed change of the licensed provider's approved control system. 22
(3) In considering the submission, the chief executive may, by written 23
notice given to the licensed provider, require the licensed provider-- 24
(a) to give the chief executive further information about the 25
submission that is necessary and reasonable to help the chief 26
executive make a decision about the submission; or 27
(b) to allow the chief executive to submit the proposed control 28
system, or the approved control system as proposed to be 29
changed, to tests. 30
(4) In considering whether to give an approval, the chief executive must 31
s 131 77 s 131
Interactive Gambling (Player Protection)
have regard to the following issues-- 1
(a) whether the submission satisfies the requirements under this 2
division for the submission; 3
(b) whether the licensed provider's proposed control system, or 4
approved control system as proposed to be changed, is capable of 5
providing satisfactory and effective control over the conduct of 6
interactive games. 7
(5) The chief executive may refuse to give an approval if the licensed 8
provider fails to comply with a requirement under subsection (3) without a 9
reasonable excuse. 10
(6) The chief executive must promptly give the licensed provider a 11
written notice of the chief executive's decision to give, or to refuse to give, 12
an approval. 13
(7) If the chief executive decides to refuse to give an approval, the notice 14
must state the reasons for the decision and, if the chief executive believes 15
the submission can easily be rectified to enable the chief executive to give an 16
approval, the notice must also-- 17
(a) explain how the submission may be changed; and 18
(b) invite the licensed provider to resubmit the submission after 19
making the appropriate changes. 20
to change approved control system 21
Direction
131.(1) The chief executive may, by written notice given to a licensed 22
provider, direct the provider to change the provider's approved control 23
system within the time, and in the way, stated in the notice. 24
(2) The licensed provider must comply with the direction. 25
Maximum penalty--100 penalty units. 26
(3) If the licensed provider does not comply with the direction, the 27
approval for the licensed provider's control system is cancelled. 28
s 132 78 s 134
Interactive Gambling (Player Protection)
Division 4--Dealings involving players accounts 1
in player's account to be remitted on demand 2
Funds
132. A licensed provider must, at the request of the registered player in 3
whose name a player's account is established, remit funds standing to the 4
credit of the account as directed by the player no later than the first business 5
day after the request is received. 6
Maximum penalty--100 penalty units. 7
provider or agent not to act as credit provider 8
Licensed
133.(1) A licensed provider or an agent must not provide credit to a 9
player or a player's account. 10
Maximum penalty--200 penalty units or 2 years imprisonment. 11
(2) A licensed provider or an agent must not act as agent for a credit 12
provider to facilitate the provision of credit to a player or a player's account. 13
Maximum penalty for subsection (2)--200 penalty units or 2 years 14
imprisonment. 15
providers limited recourse to players accounts 16
Licensed
134. A licensed provider must not have recourse to funds in a players 17
account except as follows-- 18
(a) to debit to the account a wager made by the player or an amount 19
the player indicates the player wants to wager in the course of an 20
authorised game the player is playing or about to play; 21
(b) to remit funds standing to the credit of the account to the player at 22
the players request; or 23
(c) as otherwise authorised under this Act. 24
Maximum penalty--200 penalty units or 2 years imprisonment. 25
s 135 79 s 136
Interactive Gambling (Player Protection)
players accounts 1
Inactive
135. If no transaction has been recorded on a players account for a period 2
fixed under a regulation, the licensed provider must remit any remaining 3
balance to-- 4
(a) the player; or 5
(b) if the player cannot be found--an account for unclaimed money 6
at the department designated under a regulation as the account to 7
which payments are to be made under this paragraph. 8
Division 5--Responsible gambling 9
on amount wagered 10
Limitation
136.(1) A registered player may, by written notice to a licensed provider, 11
set a limit on the amount the player may wager. 12
13
Examples--
14
1. The player might set a limit in relation to a particular game the player is about
15
to play.
16
2. The player might set a limit by reference to a stated maximum for all games
17
conducted by the licensed provider over a stated period (eg a limit of $100 over 1
18
month).
19
3. The player might set the limit at zero thus effectively preventing himself or
20
herself from engaging in authorised games conducted by the licensed provider until
21
the limit is relaxed or removed.
(2) A licensed provider must not debit a wager to a player's account 22
contrary to a limit set under subsection (1). 23
Maximum penalty--40 penalty units. 24
(3) A player who has set a limit under this section may change or revoke 25
the limit by written notice given to the licensed provider. 26
(4) A notice increasing or revoking the limit does not have effect 27
unless-- 28
(a) 7 days have passed since the provider received the notice; and 29
(b) the player has not notified the provider of an intention to 30
withdraw the notice. 31
s 137 80 s 137
Interactive Gambling (Player Protection)
(5) A notice reducing the limit has effect on its receipt by the licensed 1
provider. 2
of interactive gambling 3
Prohibition
137.(1) An application may be made to the chief executive in the 4
approved form for an order-- 5
(a) prohibiting a person who is resident in Queensland from 6
participating in authorised games; or 7
(b) revoking an order under paragraph (a). 8
(2) An application may only be made under this section by-- 9
(a) a person who seeks a prohibition (or the revocation of a 10
prohibition) against himself or herself; or 11
(b) a person who satisfies the chief executive of a close personal 12
interest in the welfare of the person against whom the prohibition 13
is sought. 14
(3) If the application is made by a person other than the person against 15
whom the prohibition is sought or has been imposed (the "affected 16
person"), the chief executive must-- 17
(a) give the affected person written notice of the application and the 18
reasons for it; and 19
(b) invite the affected person to make representations to the chief 20
executive about the application within a reasonable time stated in 21
the notice. 22
(4) The chief executive must consider representations from the applicant, 23
and if the applicant is not the affected person, the affected person. 24
(5) If the chief executive is satisfied the order sought in the application 25
should be made in the interests of the affected person and the public interest, 26
the chief executive may make the order. 27
(6) The chief executive must-- 28
(a) give written notice to the applicant and, if the affected person is 29
not the applicant, the affected person-- 30
(i) stating the chief executive's decision and the reasons for it; 31
s 138 81 s 138
Interactive Gambling (Player Protection)
and 1
(ii) in the case of a written notice given to an applicant whose 2
application has been refused--stating that the applicant may 3
appeal against the decision to the Queensland Gaming 4
Commission within 28 days; and 5
(iii) in the case of a written notice given to a person who is not 6
the applicant but is affected by an order made on the 7
application--stating that the affected person may appeal 8
against the decision to the Queensland Gaming Commission 9
within 28 days; and 10
(b) if an order is made on the application--give copies of the order 11
to-- 12
(i) the affected person; and 13
(ii) all authorised providers; and 14
(iii) all participating regulators. 15
(7) An authorised provider to whom a copy of an order imposing a 16
prohibition has been given must not accept a wager from a person, or allow 17
a person to participate in any other way in an authorised game, contrary to 18
the prohibition. 19
Maximum penalty--200 penalty units. 20
(8) An application under subsection (1)(a) must be accompanied by the 21
fee fixed by the chief executive. 22
6--Gambling records 23
Division
about keeping gambling records 24
Notices
138.(1) The chief executive may, by written notice given to a licensed 25
provider-- 26
(a) approve a place (the "approved place") nominated by the 27
licensed provider (other than the licensed provider's public office) 28
as a place for keeping the licensed provider's gambling records; 29
or 30
s 139 82 s 139
Interactive Gambling (Player Protection)
(b) specify a gambling record of the licensed provider (an "exempt 1
gambling record") that is not required to be kept at the licensed 2
provider's public office or an approved place; or 3
(c) specify a gambling record of the licensed provider that may be 4
kept temporarily at a place other than the licensed provider's 5
public office or an approved place, and the period for which, or 6
the circumstances in which, the record may be kept at the other 7
place; or 8
(d) approve the keeping of information contained in a gambling 9
record in a way different from the way the information was kept 10
when the record was being used by the licensed provider; or 11
(e) approve the destruction of a gambling record the chief executive 12
considers need not be kept. 13
(2) A gambling record mentioned in subsection (1)(c) is also an 14
"exempt gambling record"-- 15
(a) for the period stated in the notice; or 16
(b) while the circumstances stated in the notice exist. 17
(3) The chief executive may specify a gambling record for 18
subsection (1)(b) only if the chief executive considers there is sufficient 19
reason for the record to be kept at a place other than the licensed provider's 20
public office or an approved place. 21
(4) The exercise of the chief executive's power under subsection (1)(d) 22
or (e) is subject to any other law about the retention or destruction of the 23
gambling record. 24
records to be kept at certain place 25
Gambling
139.(1) A licensed provider must keep the licensed provider's gambling 26
records at-- 27
(a) the licensed provider's public office; or 28
(b) at an approved place for the records. 29
Maximum penalty--40 penalty units. 30
(2) Subsection (1) does not apply to an exempt gambling record. 31
s 140 83 s 142
Interactive Gambling (Player Protection)
records to be kept for required period 1
Gambling
140.(1) A licensed provider must keep a gambling record for 5 years 2
after the end of the transaction to which the record relates. 3
Maximum penalty--40 penalty units. 4
(2) Subsection (1) does not apply to a gambling record if the information 5
previously contained in the record is kept in another way under an approval 6
of the chief executive. 7
(3) Also, subsection (1) does not apply to a gambling record that has 8
been destroyed under an approval of the chief executive. 9
(4) Subsection (1) has effect subject to any other law about the retention 10
or destruction of the gambling record. 11
Division 7--Financial accounts, statements and reports 12
of accounts 13
Keeping
141. A licensed provider must-- 14
(a) keep accounting records that correctly record and explain the 15
transactions and financial position for the licensed provider's 16
operations conducted under the interactive gambling licence; and 17
(b) keep the accounting records in a way that allows-- 18
(i) true and fair financial statements and accounts to be prepared 19
from time to time; and 20
(ii) the financial statements and accounts to be conveniently and 21
properly audited. 22
Maximum penalty--40 penalty units. 23
of financial statements and accounts 24
Preparation
142.(1) A licensed provider must prepare financial statements and 25
accounts as required by this section giving a true and fair view of the 26
licensed provider's financial operations conducted under the interactive 27
gambling licence. 28
s 143 84 s 143
Interactive Gambling (Player Protection)
Maximum penalty--40 penalty units. 1
(2) The financial statements and accounts must include the following-- 2
(a) trading accounts, if applicable, for each financial year; 3
(b) profit and loss accounts for each financial year; 4
(c) a balance sheet as at the end of each financial year. 5
of reports 6
Submission
143.(1) A licensed provider must give reports to the chief executive as 7
required by this section about the licensed provider's operations under the 8
interactive gambling licence. 9
Maximum penalty--40 penalty units. 10
(2) The reports must be given at the times stated in a written notice given 11
to the licensed provider by the chief executive. 12
(3) A report must be in the approved form. 13
(4) The chief executive may, by written notice given to a licensed 14
provider, require the provider to give the chief executive further information 15
about a report within the time stated in the notice to help the chief executive 16
acquire a proper appreciation of the licensed provider's operations. 17
(5) A licensed provider must comply with a requirement under 18
subsection (4) within the time stated in the notice, unless the licensed 19
provider has a reasonable excuse. 20
Maximum penalty--40 penalty units. 21
(6) A licensed provider must not give the chief executive a report 22
containing information, or further information about a report, the licensed 23
provider knows to be false, misleading or incomplete in a material 24
particular. 25
Maximum penalty--100 penalty units. 26
(7) Subsection (6) does not apply to a licensed provider if the provider, 27
when giving the report or further information-- 28
(a) informs the chief executive in writing, to the best of the 29
provider's ability, how the return or information is false, 30
misleading or incomplete; and 31
s 144 85 s 146
Interactive Gambling (Player Protection)
(b) if the provider has, or can reasonably obtain, the correct 1
information--gives the correct information. 2
(8) It is enough for a complaint of an offence against subsection (6) to 3
state that the report or information was false, misleading or incomplete to 4
the defendant's knowledge. 5
Division 8--Financial institutions accounts 6
of accounts 7
Keeping
144. A licensed provider must keep a financial institution account, or 8
financial institution accounts, approved by the chief executive for use for all 9
banking or similar transactions for the operations conducted under the 10
interactive gambling licence. 11
Maximum penalty--40 penalty units. 12
of accounts 13
Use
145. A licensed provider must not use a financial institution account 14
approved by the chief executive other than for a purpose for which it is 15
approved. 16
Maximum penalty--40 penalty units. 17
Division 9--Audit 18
of licensed provider's operations 19
Audit
146. As soon as practicable after the end of a financial year, a licensed 20
provider must, at the licensed provider's own expense, cause the books, 21
accounts and financial statements for the operations conducted under the 22
interactive gambling licence for the financial year to be audited by a 23
registered company auditor. 24
Maximum penalty--40 penalty units. 25
s 147 86 s 149
Interactive Gambling (Player Protection)
of audit 1
Completion
147.(1) The auditor must-- 2
(a) complete the audit within 3 months after the end of the financial 3
year; and 4
(b) immediately after completion of the audit, give a copy of the audit 5
report to the chief executive and the licensed provider. 6
Maximum penalty--40 penalty units. 7
(2) Subsection (1)(a) does not apply to the auditor if, in the 8
circumstances, it would be unreasonable to require the auditor to comply 9
with the paragraph and the auditor completes the audit as soon as 10
practicable. 11
information following audit 12
Further
148.(1) On receiving a copy of the audit report, the chief executive may, 13
by written notice given to the licensed provider, require the licensed 14
provider to give the chief executive further information about a matter 15
relating to the licensed provider's operations mentioned in the audit report. 16
(2) A licensed provider must comply with a requirement under 17
subsection (1) within the time stated in the notice, unless the licensed 18
provider has a reasonable excuse. 19
Maximum penalty for subsection (2)--40 penalty units. 20
Division 10--Ancillary and related agreements 21
gambling agreement 22
Ancillary
149.(1) An "ancillary gambling agreement" is an agreement, contract, 23
lease or arrangement (whether written or unwritten) under which a person 24
agrees to provide to a licensed provider a thing or service in return for a 25
direct or indirect interest in, or percentage or share of-- 26
(a) amounts received by the licensed provider in the course of the 27
licensed provider's business; or 28
(b) the revenue, profit or earnings derived by the licensed provider 29
s 150 87 s 151
Interactive Gambling (Player Protection)
from the licensed provider's business. 1
(2) However, an ancillary gambling agreement does not include an 2
agency agreement. 3
(3) A licensed provider must not enter into, or be a party to, an ancillary 4
gambling agreement without the written approval of the chief executive. 5
Maximum penalty--40 penalty units. 6
(4) However, the chief executive's approval is not required for an 7
agreement if-- 8
(a) the chief executive considers the agreement to be an agreement of 9
minor importance; or 10
(b) the agreement is of a class excluded from the application of this 11
section under a regulation. 12
of ancillary gambling agreements 13
Approval
150.(1) A licensed provider may apply to the chief executive for approval 14
to enter into an ancillary gambling agreement. 15
(2) The chief executive may give the approval if the chief executive 16
considers it appropriate or desirable in all the circumstances for the licensed 17
provider to enter into the agreement. 18
(3) An approval must be in writing. 19
of related agreements 20
Review
151.(1) The chief executive may, by written notice given to a licensed 21
provider, require the licensed provider to give to the chief executive, within 22
the time stated in the notice-- 23
(a) the information stated in the notice about a related agreement to 24
which the licensed provider is a party; and 25
(b) if the agreement is in writing--a copy of the agreement. 26
(2) Without limiting subsection (1), the information the chief executive 27
may require to be given about a related agreement includes the following-- 28
(a) the names of the parties; 29
s 152 88 s 152
Interactive Gambling (Player Protection)
(b) a description of any property, goods or other things, or any 1
services, supplied or to be supplied; 2
(c) the value or nature of the consideration; 3
(d) the term of the agreement. 4
(3) The licensed provider must comply with the requirement within the 5
time stated in the notice, unless the licensed provider has a reasonable 6
excuse. 7
cause notice for related agreement 8
Show
152.(1) This section applies if, after considering the information given to 9
the chief executive about a related agreement and, if appropriate, the 10
contents of the agreement, the chief executive believes the continuance of 11
the agreement-- 12
(a) may jeopardise the integrity of the conduct of interactive games 13
by the licensed provider who is a party to the agreement; or 14
(b) may affect the public interest adversely. 15
(2) The chief executive must give the licensed provider who is a party to 16
the agreement a written notice (a "show cause notice") that-- 17
(a) states that the chief executive proposes to take action to direct the 18
termination of the agreement (the "proposed action"); and 19
(b) states the grounds for the proposed action; and 20
(c) outlines the facts and circumstances forming the basis for the 21
grounds; and 22
(d) invites the licensed provider to show within a stated period (the 23
"show cause period") why the proposed action should not be 24
taken. 25
(3) The show cause period must be a period ending at least 21 days after 26
the notice is given. 27
(4) The chief executive must promptly give a copy of the show cause 28
notice to each other person (an "interested person") who is a party to the 29
agreement. 30
(5) An interested person may make representations about the notice to 31
s 153 89 s 153
Interactive Gambling (Player Protection)
the chief executive in the show cause period. 1
(6) The chief executive must consider all written representations (the 2
"accepted representations") made during the show cause period by the 3
licensed provider or an interested person. 4
to terminate related agreement 5
Direction
153.(1) The chief executive may direct the termination of a related 6
agreement if, after considering the accepted representations for a show 7
cause notice, the chief executive still believes the continuance of the 8
agreement-- 9
(a) may jeopardise the integrity of the conduct of interactive games 10
by the licensed provider who is a party to the agreement; or 11
(b) may affect the public interest adversely. 12
(2) The direction must be given by written notice to each of the parties to 13
the agreement. 14
(3) The notice must state-- 15
(a) the reason for the decision to direct the termination of the related 16
agreement; and 17
(b) the time within which the agreement is required to be terminated. 18
(4) If the agreement is not terminated within the time stated in the notice, 19
it is terminated at the end of the time by this Act. 20
(5) The termination of the agreement under the direction or by this Act 21
does not affect any rights or liabilities acquired or incurred by a party to the 22
agreement before the termination. 23
(6) The State does not incur any liability if the agreement is terminated 24
under the direction or by this Act. 25
(7) A party to the agreement does not incur any liability for breach of the 26
agreement because the agreement is terminated under the direction. 27
s 154 90 s 157
Interactive Gambling (Player Protection)
Division 11--Official supervision 1
operations 2
Monitoring
154. A licensed provider must, at the request of the chief executive, do 3
anything reasonably necessary to allow an inspector to monitor the licensed 4
provider's operations. 5
of inspector at certain operations 6
Presence
155.(1) The chief executive may take action under this section to ensure 7
the integrity of the conduct of an authorised game. 8
(2) The chief executive may, by written notice given to a licensed 9
provider, direct the licensed provider not to do a stated thing in the conduct 10
of an authorised game unless an inspector is present. 11
(3) The licensed provider must comply with the direction. 12
Maximum penalty for subsection (3)--40 penalty units. 13
Division 12--Prizes 14
or collection of prizes 15
Payment
156.(1) If a player in an authorised game conducted by a licensed 16
provider wins a monetary prize, the licensed provider must immediately 17
credit the amount of the prize to the player. 18
(2) If a player in an authorised game conducted by a licensed provider 19
wins a non-monetary prize, or a player without a player's account wins a 20
monetary prize, the provider must-- 21
(a) have the prize delivered personally or by post to the player; or 22
(b) give the player written notice of an address in Queensland at 23
which the prize may be collected. 24
of unclaimed non-monetary prizes 25
Disposal
157.(1) This section applies to a non-monetary prize in an authorised 26
s 158 91 s 158
Interactive Gambling (Player Protection)
game conducted by a licensed provider that is not collected within 3 months 1
after notification of the place at which it may be collected. 2
(2) The licensed provider-- 3
(a) may dispose of the prize by public auction or tender or in some 4
other way approved by the chief executive; and 5
(b) may pay for the disposal from the proceeds of sale; and 6
(c) must-- 7
(i) pay the remainder of the proceeds into the relevant player's 8
account; or 9
(ii) if there is no current player's account--remit the remainder 10
of the proceeds to the former player; or 11
(iii) if there is no current player's account and the licensed 12
provider is unaware of the whereabouts of the former 13
player-- pay the remainder of the proceeds into an account 14
at the department designated under a regulation as the 15
account to which payments are to be made under this 16
subparagraph. 17
for prize 18
Claims
158.(1) If a claim for a prize in an authorised game is made to a licensed 19
provider within 5 years after the end of the game, the licensed provider 20
must-- 21
(a) immediately try to resolve the claim; and 22
(b) if the licensed provider is not able to resolve the claim--by 23
written notice (a "claim result notice") given to the claimant, 24
promptly inform the claimant-- 25
(i) of the licensed provider's decision on the claim; and 26
(ii) that the person may, within 10 days of receiving the notice, 27
ask the chief executive to review the decision. 28
(2) If the claim is not resolved, the claimant may ask the chief executive 29
to review the licensed provider's decision on the claim, or if the claimant 30
has not received a claim result notice, to resolve the claim. 31
s 159 92 s 160
Interactive Gambling (Player Protection)
(3) A request to the chief executive under subsection (2)-- 1
(a) must be in the approved form; and 2
(b) if the claimant received a claim result notice--must be made 3
within 10 days after receiving the notice. 4
(4) If a request is made to the chief executive, the chief executive-- 5
(a) must deal with the request in the way prescribed under a 6
regulation; and 7
(b) may carry out investigations the chief executive considers 8
necessary to resolve matters in dispute. 9
to prize lapses if not claimed within 5 years 10
Entitlement
159. If a prize is not claimed within 5 years after the end of the 11
authorised game in which the prize was won, the entitlement to the prize is 12
extinguished and the prize is forfeited to the State. 13
13--Aborted games 14
Division
games 15
Aborted
160.(1) If, after making a wager in an authorised game conducted by a 16
licensed provider, a player's participation in the game is interrupted by a 17
failure of an operating or telecommunication system that prevents the player 18
from continuing with the game, the licensed provider must refund the 19
amount of the wager to the player as soon as practicable. 20
(2) If an authorised game conducted by a licensed provider is started but 21
miscarries because of human error, or a failure of an operating or 22
telecommunication system, the licensed provider-- 23
(a) must immediately inform the chief executive of the circumstances 24
of the incident; and 25
(b) must not conduct a further game if the game is likely to be 26
affected by the same error or fault. 27
(3) After investigating the incident, the chief executive may, by written 28
notice to the licensed provider-- 29
s 161 93 s 161
Interactive Gambling (Player Protection)
(a) direct the licensed provider to-- 1
(i) refund the amounts wagered in the game to the players; and 2
(ii) if a player has an accrued credit at the time the game 3
miscarries--pay to the player the monetary value of the 4
credit; or 5
(b) give the licensed provider other directions the chief executive 6
considers appropriate in the circumstances. 7
(4) The licensed provider must comply with a direction under 8
subsection (3). 9
(5) If a player entitled to a refund or other payment under this section has 10
a player's account, the amount must be paid into the account. 11
to withhold prize in certain cases 12
Power
161.(1) If a licensed provider has reason to believe that the result of an 13
authorised game has been affected by an illegal activity or malfunction of 14
equipment, the licensed provider may withhold a prize in the game. 15
(2) If a licensed provider withholds a prize under this section, the 16
licensed provider-- 17
(a) must immediately inform the chief executive of the circumstances 18
of the incident; and 19
(b) must not conduct a further game if a recurrence of the illegality or 20
malfunction is likely. 21
(3) After investigating the incident, the chief executive may, by written 22
notice to the licensed provider-- 23
(a) direct the licensed provider to pay the prize; or 24
(b) confirm the licensed provider's decision to withhold the prize, but 25
direct the licensed provider to refund amounts wagered in the 26
game. 27
(4) The licensed provider must comply with a direction under 28
subsection (3). 29
s 162 94 s 163
Interactive Gambling (Player Protection)
14--Approval and use of regulated interactive gambling 1
Division
equipment 2
of regulated interactive gambling equipment 3
Approval
162.(1) A licensed provider may apply to the chief executive-- 4
(a) for an approval for regulated interactive gambling equipment 5
proposed to be used in the conduct of authorised games by the 6
licensed provider; or 7
(b) for approval to modify regulated interactive gambling equipment 8
used in the conduct of authorised games by the licensed provider. 9
(2) The chief executive must-- 10
(a) consider the application; and 11
(b) if the chief executive believes it is necessary for the chief 12
executive to evaluate the equipment, or the equipment as 13
proposed to be modified, to decide the application--carry out the 14
evaluation as soon as practicable; and 15
(c) after completing the consideration of the application and carrying 16
out any necessary evaluation approve, or refuse to approve, the 17
equipment or modification. 18
(3) Despite subsection (2)(b) and (c), the chief executive is not required 19
to carry out the evaluation, or decide the application, unless the fee 20
prescribed under a regulation for the evaluation has been paid. 21
(4) The chief executive must promptly give the licensed provider written 22
notice of the chief executive's decision. 23
(5) If the chief executive decides to refuse to give an approval, the notice 24
must state the reasons for the decision. 25
of regulated interactive gambling equipment 26
Use
163.(1) A licensed provider must not use any regulated interactive 27
gambling equipment in conducting an authorised game unless the 28
equipment is approved interactive gambling equipment. 29
Maximum penalty--40 penalty units. 30
s 164 95 s 166
Interactive Gambling (Player Protection)
(2) An agent of a licensed provider must not use any regulated interactive 1
gambling equipment for the conduct of an authorised game by the licensed 2
provider unless the equipment is approved interactive gambling equipment. 3
Maximum penalty--40 penalty units. 4
(3) A licensed provider or agent must not modify approved interactive 5
gambling equipment unless the modification is approved by the chief 6
executive in writing. 7
Maximum penalty for subsection (3)--40 penalty units. 8
15--Advertising 9
Division
interactive gambling 10
Advertising
164.(1) A person must not advertise an interactive game in Queensland 11
unless the game is an authorised game. 12
Maximum penalty--200 penalty units or 2 years imprisonment. 13
(2) A person must not advertise an authorised game in Queensland 14
without approval of the relevant authorised provider. 15
Maximum penalty for subsection (2)--40 penalty units. 16
requirements for advertisements 17
Incidental
165. A person who advertises an authorised game must take reasonable 18
steps to ensure the advertisement-- 19
(a) is not indecent or offensive; and 20
(b) is based on fact; and 21
(c) is not false, deceptive or misleading in a material particular. 22
about advertising 23
Directions
166.(1) If the chief executive reasonably believes an advertisement about 24
an authorised game does not comply with section 165, the chief executive 25
may direct the person appearing to be responsible for authorising the 26
advertisement to take the appropriate steps-- 27
s 167 96 s 167
Interactive Gambling (Player Protection)
(a) to stop the advertisement being shown; or 1
(b) to change the advertisement. 2
(2) The direction must-- 3
(a) be in writing; and 4
(b) state the grounds for the direction; and 5
(c) if it is a direction to change the advertisement--state how the 6
advertisement is to be changed. 7
(3) A person to whom a direction is given must comply with the 8
direction, unless the person has a reasonable excuse. 9
Maximum penalty for subsection (3)--40 penalty units. 10
Division 16--Complaints 11
about complaints 12
Inquiries
167.(1) A licensed provider must inquire into-- 13
(a) a complaint made to the licensed provider by a person about-- 14
(i) the conduct of an authorised game by the licensed provider; 15
or 16
(ii) the conduct of an agent of the licensed provider in operations 17
related to an authorised game; or 18
(b) a complaint referred to the licensed provider by the chief 19
executive under subsection (3). 20
(2) Within 21 days after the complaint is received by, or referred to, the 21
licensed provider, the licensed provider must give written notice of the 22
result of the inquiry to-- 23
(a) the complainant; and 24
(b) if the complaint was referred to the licensed provider by the chief 25
executive--the chief executive. 26
(3) If a complaint is made to the chief executive about the conduct of an 27
authorised game, or the conduct of an agent in operations related to an 28
authorised game, the chief executive must promptly-- 29
s 168 97 s 168
Interactive Gambling (Player Protection)
(a) inquire into the complaint; or 1
(b) if the chief executive considers it appropriate-- 2
(i) refer the complaint to the licensed provider who conducted 3
the game; or 4
(ii) if the authorised game is conducted by an external 5
provider--refer the complaint to the relevant participating 6
regulator. 7
(4) The chief executive must promptly advise the complainant of-- 8
(a) the result of the chief executive's inquiry; or 9
(b) the chief executive's decision to refer the complaint to the licensed 10
provider or a participating regulator. 11
(5) A complaint must-- 12
(a) be in writing; and 13
(b) state the complainant's name and address; and 14
(c) give appropriate details of the complaint. 15
improper behaviour 16
Reporting
168.(1) This section applies if an authorised provider becomes aware, or 17
reasonably suspects, that-- 18
(a) a person, by a dishonest or unlawful act affecting the conduct or 19
playing of an authorised game in Queensland, has obtained a 20
benefit for the person or another person; or 21
(b) there has been an unlawful act affecting the conduct or playing of 22
an authorised game in Queensland. 23
(2) This section also applies if an agent becomes aware, or reasonably 24
suspects, that-- 25
(a) a person, by a dishonest or unlawful act affecting the conduct or 26
playing of an authorised game in Queensland, has obtained a 27
benefit for the person or another person; or 28
(b) there has been an unlawful act affecting the conduct or playing of 29
an authorised game in Queensland. 30
s 169 98 s 169
Interactive Gambling (Player Protection)
(3) Within 3 days of becoming aware of, or suspecting, the dishonest or 1
unlawful act, the authorised provider or agent must give the chief executive 2
a written notice advising the chief executive of all facts known to the 3
authorised provider or agent about the matter. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(4) A person must not mistreat another person because-- 6
(a) the other person has given, or may give, a notice under this 7
section; or 8
(b) the person believes the other person has given, or may give, a 9
notice under this section. 10
Maximum penalty--200 penalty units or 2 years imprisonment. 11
(5) In this section-- 12
"dishonest act" means fraud, misrepresentation or theft. 13
"mistreat" a person means-- 14
(a) end the person's employment or prejudice the career of the 15
person in another way; or 16
(b) prejudice the safety of the person; or 17
(c) intimidate or harass the person. 18
17--Gambling offences 19
Division
20
Cheating
169.(1) A person must not, in relation to an authorised game, dishonestly 21
obtain a benefit by-- 22
(a) an act, practice or scheme; or 23
(b) the use of a thing. 24
Maximum penalty--200 penalty units or 2 years imprisonment. 25
(2) For subsection (1), a person obtains a benefit if the person obtains for 26
the person or another person, or induces a person to deliver, give or credit to 27
the person or another person, any money, benefit, advantage, valuable 28
consideration or security. 29
s 170 99 s 171
Interactive Gambling (Player Protection)
and deception 1
Forgery
170.(1) A person must not-- 2
(a) forge an official gambling document; or 3
(b) knowingly utter a forged official gambling document. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(2) A person must not connive at the commission of an offence against 6
subsection (1). 7
Maximum penalty--200 penalty units or 2 years imprisonment. 8
(3) A person forges a document if the person makes a false document, 9
knowing it to be false, with the intention that-- 10
(a) it may be used or acted on to the prejudice or benefit of a person; 11
or 12
(b) a person may, in the belief that it is genuine, be induced to do, or 13
refrain from doing, something. 14
(4) Without limiting subsection (3), a genuine document may become a 15
false document because of-- 16
(a) an alteration of the document in a material respect; or 17
(b) an addition to the body of the document in a material respect; or 18
(c) an addition of a false date, signature, attestation, seal or other 19
material matter. 20
(5) A person utters a document if the person-- 21
(a) uses or deals with the document; or 22
(b) attempts to use or deal with the document; or 23
(c) induces a person to use, deal with or act on the document; or 24
(d) attempts to induce a person to use, deal with or act on the 25
document. 26
certain persons 27
Impersonating
171.(1) A person must not pretend to be a licensed provider, an agent, a 28
key person licensee or a gaming official. 29
s 172 100 s 172
Interactive Gambling (Player Protection)
Maximum penalty--200 penalty units or 2 years imprisonment. 1
(2) A person must not connive at the commission of an offence against 2
subsection (1). 3
Maximum penalty for subsection (2)--200 penalty units or 2 years 4
imprisonment. 5
6
Bribery
172.(1) A gaming official must not ask for, receive or obtain, or agree to 7
receive or obtain, any money, property or benefit of any kind for the official 8
or another person for an improper purpose. 9
Maximum penalty--200 penalty units or 2 years imprisonment. 10
(2) A person must not give, confer or obtain, or promise or offer to give, 11
confer of obtain, any money, property or benefit of any kind to, on or for a 12
gaming official or another person for an improper purpose. 13
Maximum penalty--200 penalty units or 2 years imprisonment. 14
(3) A gaming official or other person does an act mentioned in 15
subsection (1) or (2) for an improper purpose if the official or other person 16
does the act-- 17
(a) for the official to forego or neglect the official's functions under 18
this Act, or to influence the official in the performance of the 19
official's functions under this Act; or 20
(b) because of anything already done or omitted to be done, or to be 21
afterwards done or omitted to be done, by the official in the 22
performance of the official's functions under this Act; or 23
(c) for the official to use, or take advantage of, the official's office 24
improperly to gain a benefit or advantage for, or facilitate the 25
commission of an offence by-- 26
(i) if the act is done by the official--another person; or 27
(ii) if the act is done by another person--that person or another 28
person. 29
s 173 101 s 176
Interactive Gambling (Player Protection)
in authorised games by employees of licensed provider 1
Participation
173.(1) An employee (whether a key person licensee or not) of a licensed 2
provider must not take part in an authorised game if directly involved in 3
functions related to the conduct of the game. 4
Maximum penalty--40 penalty units. 5
(2) A prize won by a person by participation in an authorised game 6
contrary to this section is forfeited to the State. 7
executive's power to restrict participation in authorised games 8
Chief
by gaming officials 9
174.(1) The chief executive may, by written notice given to a gaming 10
official, direct the official-- 11
(a) not to participate as a player in an authorised game; or 12
(b) not to participate as a player in an authorised game except in 13
stated circumstances or for stated purposes. 14
(2) A gaming official must not participate as a player in an authorised 15
game in contravention of a direction under this section. 16
Maximum penalty for subsection (2)--40 penalty units. 17
to declare gaming official to be a key official 18
Power
175.(1) The chief executive may, by written notice given to a gaming 19
official, declare the official to be a key official. 20
(2) A declaration may only be made under this section if the chief 21
executive considers it appropriate to make the declaration in the public 22
interest. 23
of key officials with authorised providers and agents 24
Relationship
176.(1) A key official must not, without the chief executive's approval-- 25
(a) accept or solicit employment from an authorised provider or an 26
agent; or 27
(b) be an employee in any capacity of an authorised provider or an 28
s 177 102 s 177
Interactive Gambling (Player Protection)
agent; or 1
(c) knowingly have, directly or indirectly-- 2
(i) a business or financial association with an authorised 3
provider or an agent; or 4
(ii) a business or financial interest together with an authorised 5
provider or an agent. 6
Maximum penalty--40 penalty units. 7
(2) A person must not, for 1 year after ceasing to be a key official, 8
without the chief executive's approval-- 9
(a) accept or solicit employment from an authorised provider or an 10
agent; or 11
(b) be an employee in any capacity of an authorised provider or an 12
agent; or 13
(c) knowingly have, directly or indirectly-- 14
(i) a business or financial association with an authorised 15
provider or an agent; or 16
(ii) a business or financial interest together with an authorised 17
provider or an agent. 18
Maximum penalty for subsection (2)--40 penalty units. 19
of key officials with prospective licensed providers 20
Relationship
177.(1) This section applies if a key official knowingly has, directly or 21
indirectly-- 22
(a) a business or financial association with another person who is a 23
prospective licensed provider; or 24
(b) a business or financial interest together with another person who 25
is a prospective licensed provider. 26
(2) Immediately after the key official becomes aware that the other 27
person is a prospective licensed provider, the official must give written 28
notice of the official's association or interest to the chief executive. 29
Maximum penalty--40 penalty units. 30
s 178 103 s 179
Interactive Gambling (Player Protection)
(3) The chief executive may, by written notice given to the key official, 1
direct the official to end the association, or give up the interest, within the 2
time stated in the notice. 3
(4) However, the chief executive may give the direction only if the chief 4
executive considers it appropriate to take the action in the public interest. 5
(5) A key official to whom a direction is given must comply with the 6
direction within the time stated in the notice. 7
Maximum penalty--40 penalty units. 8
(6) In this section-- 9
"prospective licensed provider" means a person who has applied for an 10
interactive gambling licence but whose application has not yet been 11
decided. 12
between authorised providers and key officials 13
Relationship
178. An authorised provider or an agent must not, without the chief 14
executive's approval-- 15
(a) employ a person in any capacity knowing the person to be a key 16
official, or to have been a key official within the preceding period 17
of 1 year; or 18
(b) knowingly have, directly or indirectly-- 19
(i) a business or financial association with a person knowing 20
the person to be a key official, or to have been a key official 21
within the preceding period of 1 year; or 22
(ii) a business or financial interest together with a person 23
knowing the person to be a key official or to have been a key 24
official within the preceding period of 1 year. 25
Maximum penalty--40 penalty units. 26
by minors in conduct of approved games prohibited 27
Participation
179.(1) A licensed provider or an agent must not allow a minor to 28
participate in operations related to the conduct of authorised games. 29
Maximum penalty--200 penalty units. 30
s 180 104 s 182
Interactive Gambling (Player Protection)
(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 to 2
whom the charge relates was a minor. 3
(3) A minor must not participate in operations related to the conduct of 4
authorised games. 5
Maximum penalty for subsection (2)--40 penalty units. 6
by minors as players prohibited 7
Participation
180.(1) A person involved in the conduct of an authorised game must 8
not allow a minor to participate as a player in an authorised game. 9
Maximum penalty--40 penalty units. 10
(2) It is a defence to a charge against subsection (1) to prove that the 11
defendant had no reason to believe, and did not believe, that the person to 12
whom the charge relates was a minor. 13
(3) A minor must not participate as a player in an authorised game. 14
Maximum penalty--40 penalty units. 15
(4) A prize won by a minor by participation in an authorised game 16
contrary to subsection (3) is forfeited to the State. 17
etc. terms prohibited 18
Obscene
181.(1) A person must not participate in an authorised game under a 19
name or designation that is obscene, indecent or offensive. 20
Maximum penalty--20 penalty units. 21
(2) A licensed provider or an agent may refuse to register a person as a 22
player in an authorised game under a name that is obscene, indecent or 23
offensive. 24
with proper conduct of authorised games 25
Interference
182. A person must not, without the chief executive's authorisation, 26
interfere in the proper conduct of an authorised game. 27
Maximum penalty--200 penalty units. 28
s 183 105 s 184
Interactive Gambling (Player Protection)
by certain persons 1
Offences
183.(1) A person, other than an authorised provider or an agent acting 2
within the scope of the agent's authority, must not-- 3
(a) for the person's gain or reward-- 4
(i) induce anyone else to take part in an authorised game; or 5
(ii) offer to anyone else an opportunity to take part in an 6
authorised game; or 7
(iii) distribute or supply forms for registration as a player in an 8
authorised game (a "player registration form"), or cause 9
player registration forms to be distributed or supplied to 10
persons other than authorised providers or agents; or 11
(b) advertise or publicly promote subscription to, or taking part in, an 12
authorised game. 13
Maximum penalty--200 penalty units. 14
(2) A person must not charge an amount for-- 15
(a) filling in a player registration form; or 16
(b) depositing a player registration form, directly or indirectly, with a 17
licensed provider or an agent; or 18
(c) submitting, or arranging for the submission of, a player 19
registration form to a licensed provider or an agent; or 20
(d) collecting or distributing prizes in an authorised game. 21
Maximum penalty--200 penalty units. 22
(3) A person must not hold himself or herself out, by advertisement or in 23
another way, to be available to perform a service mentioned in 24
subsection (2). 25
Maximum penalty for subsection (3)--200 penalty units. 26
provider not to publish identity of player in certain cases 27
Licensed
184.(1) A licensed provider or an employee or other person engaged in 28
duties related to the conduct of an authorised game must not, without 29
authorisation under subsection (2)-- 30
s 185 106 s 186
Interactive Gambling (Player Protection)
(a) disclose information about the name, or other identifying 1
particulars, of a player; or 2
(b) use information about a player for a purpose other than the 3
purpose for which the information was given. 4
Maximum penalty--40 penalty units. 5
(2) The disclosure of information, or its use for a purpose other than the 6
purpose for which it was given, is authorised if the disclosure or use is-- 7
(a) authorised by the player; or 8
(b) reasonably necessary for the conduct of authorised games; or 9
(c) required for the administration or enforcement of this Act or a 10
corresponding law; or 11
(d) otherwise required by law. 12
ART 8--INVESTIGATION AND ENFORCEMENT 13
P
1--Inspectors 14
Division
who are inspectors 15
Persons
185. The following persons are inspectors for this Act-- 16
(a) the chief executive; 17
(b) a person (an "appointed inspector" ) holding an appointment as 18
an inspector under this division; 19
(c) a person (an "external inspector") who holds an appointment as 20
an inspector under a corresponding law and is authorised in 21
writing by the chief executive to act as an inspector under this 22
Act. 23
of inspectors 24
Appointment
186. The chief executive may appoint as inspectors-- 25
s 187 107 s 188
Interactive Gambling (Player Protection)
(a) public service officers or employees; or 1
(b) other persons prescribed under a regulation. 2
for appointment 3
Qualifications
187.(1) The chief executive may appoint a person as an inspector only 4
if-- 5
(a) the chief executive considers the person has the necessary 6
expertise or experience to be an inspector or the person has 7
satisfactorily finished training approved by the chief executive; 8
and 9
(b) the chief executive considers the person a suitable person to be an 10
inspector. 11
(2) In considering whether a person is a suitable person to be an 12
inspector, the chief executive must have regard to-- 13
(a) the person's character; and 14
(b) the person's current financial position and financial background. 15
(3) The chief inspector may investigate a person to help the chief 16
executive decide whether the person is a suitable person to be an inspector. 17
program 18
Audit
188.(1) The Minister may approve an audit program for investigating 19
appointed inspectors. 20
(2) The chief executive may investigate an appointed inspector under an 21
approved audit program to help the chief executive decide whether the 22
inspector is a suitable person to be an inspector, having regard to-- 23
(a) the inspector's character; and 24
(b) the inspector's current financial position and financial 25
background. 26
(3) However, an appointed inspector may be investigated under an 27
approved audit program only if there has not been an investigation of the 28
inspector under the program within the preceding 2 years. 29
s 189 108 s 191
Interactive Gambling (Player Protection)
(4) The chief executive is responsible for ensuring an investigation under 1
an approved audit program is conducted in accordance with the program. 2
history reports for investigation 3
Criminal
189.(1) If the chief executive in investigating a person under section 187 4
or 188 asks the commissioner of the police service for a written report on 5
the person's criminal history, the commissioner must give the report to the 6
chief executive. 7
(2) The report is to contain-- 8
(a) relevant information in the commissioner's possession; and 9
(b) relevant information that the commissioner can reasonably obtain 10
by asking officials administering police services in other 11
Australian jurisdictions; and 12
(c) other relevant information to which the commissioner has access. 13
14
Powers
190.(1) For this Act or a corresponding law, an inspector has the powers 15
given under this Act. 16
(2) An inspector is subject to the directions of the chief executive in 17
exercising the powers. 18
(3) An inspector's powers may be limited-- 19
(a) under a condition of appointment; or 20
(b) by written notice given by the chief executive to the inspector; or 21
(c) for an external inspector--in the terms on which the inspector is 22
authorised by the chief executive to act as an inspector under this 23
Act. 24
conditions 25
Appointment
191.(1) An appointed inspector holds office on the conditions stated in 26
the instrument of appointment. 27
(2) An appointed inspector ceases holding office-- 28
s 192 109 s 194
Interactive Gambling (Player Protection)
(a) if the appointment provides for a term of appointment--at the end 1
of the term; and 2
(b) if the conditions of appointment provide--on ceasing to hold 3
another office (the "main office") stated in the appointment 4
conditions. 5
(3) An appointed inspector may resign by signed notice of resignation 6
given to the chief executive. 7
(4) However, an appointed inspector may not resign from the office of 8
inspector (the "secondary office") if a term of the inspector's employment 9
to the main office requires the inspector to hold the secondary office. 10
cards 11
Identity
192.(1) The chief executive must give each inspector an identity card. 12
(2) The identity card must-- 13
(a) contain a recent photograph of the inspector; and 14
(b) be signed by the inspector; and 15
(c) include an expiry date; and 16
(d) identify the person as an inspector under this Act. 17
to return identity card 18
Failure
193. A person who ceases to be an inspector must return the person's 19
identity card to the chief executive as soon as practicable (but within 20
21 days) after ceasing to be an inspector, unless the person has a reasonable 21
excuse. 22
Maximum penalty--40 penalty units. 23
or display of identity card 24
Production
194.(1) An inspector may exercise a power in relation to someone else 25
(the "other person") only if the inspector-- 26
(a) first produces the inspector's identity card for the other person's 27
inspection; or 28
s 195 110 s 197
Interactive Gambling (Player Protection)
(b) has the identity card displayed so it is clearly visible to the other 1
person. 2
(2) However, if for any reason it is not practicable to comply with 3
subsection (1) before exercising the power, the inspector must produce the 4
identity card for the other person's inspection at the first reasonable 5
opportunity. 6
Division 2--Powers of inspectors 7
Subdivision 1--General scope of inspectors' powers 8
scope of powers 9
General
195. An inspector may exercise powers under this Act in relation to 10
matters relevant either to this Act or a corresponding law. 11
2--Power to enter places 12
Subdivision
without consent or warrant 13
Entry
196. An inspector may, without the occupier's consent or a warrant, 14
enter-- 15
(a) a public place; or 16
(b) a place where an authorised game is being, or is about to be, 17
conducted; or 18
(c) a place where an authorised provider or an agent carries on 19
business at any time when the place is open for carrying on 20
business or otherwise open for entry; or 21
(d) the land around premises to ask its occupier for consent to enter 22
the premises. 23
with consent or warrant 24
Entry
197. Unless an inspector is authorised to enter a place under section 196, 25
s 198 111 s 199
Interactive Gambling (Player Protection)
an inspector may enter a place only if-- 1
(a) its occupier consents to the entry; or 2
(b) the entry is authorised by a warrant. 3
Subdivision 3--Consents and warrants for entry 4
to entry 5
Consent
198.(1) This section applies if an inspector intends to ask an occupier of a 6
place to consent to the inspector or another inspector entering the place. 7
(2) Before asking for the consent, the inspector must tell the occupier-- 8
(a) the purpose of the entry; and 9
(b) that the occupier is not required to consent. 10
(3) If the consent is given, the inspector may ask the occupier to sign an 11
acknowledgment of the consent (a "consent acknowledgment"). 12
(4) The acknowledgment must state-- 13
(a) the occupier has been told-- 14
(i) the purpose of the entry; and 15
(ii) that the occupier is not required to consent; and 16
(b) the purpose of the entry; and 17
(c) the occupier gives the inspector consent to enter the place and 18
exercise powers under this part; and 19
(d) the time and date the consent was given. 20
(5) If the occupier signs a consent acknowledgment, the inspector must 21
promptly give a copy to the occupier. 22
of consent 23
Evidence
199.(1) Subsection (2) applies if-- 24
(a) an issue arises in a court proceeding whether the occupier of a 25
place consented to an inspector entering the place under this part; 26
s 200 112 s 201
Interactive Gambling (Player Protection)
and 1
(b) a consent acknowledgment is not produced in evidence for the 2
entry; and 3
(c) it is not proved the occupier consented to the entry. 4
(2) The court may presume the occupier did not consent. 5
for warrant 6
Application
200.(1) An inspector may apply to a magistrate for a warrant for a place. 7
(2) The application must be sworn and state the grounds on which the 8
warrant is sought. 9
(3) The magistrate may refuse to consider the application until the 10
inspector gives the magistrate all the information the magistrate requires 11
about the application in the way the magistrate requires. 12
13
Example--
14
The magistrate may require additional information supporting the application to
15
be given by statutory declaration.
of warrant 16
Issue
201.(1) The magistrate may issue a warrant only if the magistrate is 17
satisfied there are reasonable grounds for suspecting-- 18
(a) there is a particular thing or activity (the "evidence") that may 19
provide evidence of an offence against this Act or a 20
corresponding law; and 21
(b) the evidence is at the place, or may be at the place, within the next 22
7 days. 23
(2) The warrant must state-- 24
(a) that a stated inspector may, with necessary and reasonable help 25
and force, enter the place and exercise the inspector's powers 26
under this part; and 27
(b) the offence for which the warrant is sought; and 28
(c) the evidence that may be seized under the warrant; and 29
s 202 113 s 202
Interactive Gambling (Player Protection)
(d) the hours of the day or night when the place may be entered; and 1
(e) the date, within 14 days after the warrant's issue, the warrant 2
ends. 3
warrants 4
Special
202.(1) An inspector may apply for a warrant (a "special warrant") by 5
phone, fax, radio or another form of communication if the inspector 6
considers it necessary because of-- 7
(a) urgent circumstances; or 8
(b) other special circumstances, including, for example, the 9
inspector's remote location. 10
(2) Before applying for the warrant, the inspector must prepare an 11
application stating the grounds on which the warrant is sought. 12
(3) The inspector may apply for the warrant before the application is 13
sworn. 14
(4) After issuing the warrant, the magistrate must promptly fax a copy to 15
the inspector if it is reasonably practicable to fax the copy. 16
(5) If it is not reasonably practicable to fax a copy to the inspector-- 17
(a) the magistrate must tell the inspector-- 18
(i) what the terms of the warrant are; and 19
(ii) the date and time the warrant was issued; and 20
(b) the inspector must complete a form of warrant (a "warrant 21
form") and write on it-- 22
(i) the magistrate's name; and 23
(ii) the date and time the magistrate issued the warrant; and 24
(iii) the terms of the warrant. 25
(6) The facsimile warrant, or the warrant form properly completed by the 26
inspector, authorises the entry and the exercise of the other powers stated in 27
the warrant issued by the magistrate. 28
(7) The inspector must, at the first reasonable opportunity, send to the 29
magistrate-- 30
s 203 114 s 204
Interactive Gambling (Player Protection)
(a) the sworn application; and 1
(b) if the inspector completed a warrant form--the completed 2
warrant form. 3
(8) On receiving the documents, the magistrate must attach them to the 4
warrant. 5
about special warrants 6
Evidence
203.(1) Subsection (2) applies if-- 7
(a) an issue arises in a court proceeding whether a power exercised 8
by an inspector was not authorised by a special warrant; and 9
(b) the warrant is not produced in evidence. 10
(2) The court must presume the exercise of the power was not authorised 11
by a special warrant, unless the contrary is proved. 12
Subdivision 4--General powers 13
powers after entering places 14
General
204.(1) This section applies to an inspector who enters a place. 15
(2) However, if an inspector enters a place to get the occupier's consent 16
to enter premises, this section applies to the inspector only if the consent is 17
given or the entry is otherwise authorised. 18
(3) For monitoring or enforcing compliance with this Act or a 19
corresponding law, the inspector may-- 20
(a) search any part of the place; or 21
(b) inspect, measure, test, photograph or film any part of the place or 22
anything at the place; or 23
(c) take a thing, or a sample of or from a thing, at the place for 24
analysis or testing; or 25
(d) copy a document at the place; or 26
(e) access, electronically or in some other way, a system used at the 27
place for conducting an authorised game or other interactive game 28
s 205 115 s 206
Interactive Gambling (Player Protection)
or for administrative purposes related to the conduct of an 1
authorised game or other interactive game; or 2
(f) take into or onto the place any person, equipment and materials 3
the inspector reasonably requires for exercising a power under 4
this part; or 5
(g) require the occupier of the place, or a person at the place, to give 6
the inspector reasonable help to exercise the inspector's powers 7
under paragraphs (a) to (f); or 8
(h) require the occupier of the place, or a person at the place, to give 9
the inspector information to help the inspector ascertain whether 10
this Act or a corresponding law is being complied with. 11
(4) When making a requirement mentioned in subsection (3)(g) or (h), 12
the inspector must warn the person it is an offence to fail to comply with the 13
requirement, unless the person has a reasonable excuse. 14
to help inspector 15
Failure
205.(1) A person required to give reasonable help under 16
section 204(3)(g) must comply with the requirement, unless the person has 17
a reasonable excuse. 18
Maximum penalty--40 penalty units. 19
(2) If the requirement is to be complied with by the person giving 20
information, or producing a document (other than a document required to 21
be kept by the person under this Act or a corresponding law), it is a 22
reasonable excuse for the person to fail to comply with the requirement, if 23
complying with the requirement might tend to incriminate the person. 24
to give information 25
Failure
206.(1) A person of whom a requirement is made under 26
section 204(3)(h) must comply with the requirement, unless the person has 27
a reasonable excuse. 28
Maximum penalty--40 penalty units. 29
(2) It is a reasonable excuse for the person to fail to comply with the 30
s 207 116 s 208
Interactive Gambling (Player Protection)
requirement if complying with the requirement might tend to incriminate 1
the person. 2
Subdivision 5--Power to seize evidence 3
evidence at place that may be entered without consent or 4
Seizing
warrant 5
207. An inspector who enters a place that may be entered under this part 6
without the consent of the occupier and without a warrant, may seize a thing 7
at the place if the inspector reasonably believes the thing is evidence of an 8
offence against this Act or a corresponding law. 9
evidence at places that may only be entered with consent or 10
Seizing
warrant 11
208.(1) This section applies if-- 12
(a) the inspector is only authorised to enter the place under this part 13
with the consent of the occupier or a warrant; and 14
(b) the inspector enters the place after obtaining the necessary consent 15
or warrant. 16
(2) If the inspector enters the place with the occupier's consent, the 17
inspector may seize a thing at the place if-- 18
(a) the inspector reasonably believes the thing is evidence of an 19
offence against this Act or a corresponding law; and 20
(b) seizure of the thing is consistent with the purpose of entry as told 21
to the occupier when asking for the occupier's consent. 22
(3) If the inspector enters the place with a warrant, the inspector may 23
seize the evidence for which the warrant was issued. 24
(4) The inspector may also seize anything else at the place if the inspector 25
reasonably believes-- 26
(a) the thing is evidence of an offence against this Act or a 27
corresponding law; and 28
(b) the seizure is necessary to prevent the thing being-- 29
s 209 117 s 211
Interactive Gambling (Player Protection)
(i) hidden, lost or destroyed; or 1
(ii) used to continue, or repeat, the offence. 2
(5) Also, the inspector may seize a thing at the place if the inspector 3
reasonably believes it is being, has been, or is about to be, used in 4
committing an offence against this Act or a corresponding law. 5
things after seizure 6
Securing
209. Having seized a thing, an inspector may-- 7
(a) move the thing from the place where it was seized (the "place of 8
seizure"); or 9
(b) leave the thing at the place of seizure but take reasonable action to 10
restrict access to it. 11
12
Examples of restricting access to a thing--
13
1. Sealing a thing and marking it to show access to it is restricted.
14
2. Sealing the entrance to a room where the thing is situated and marking it to
15
show access to it is restricted.
with things subject to seizure 16
Tampering
210. If an inspector restricts access to a thing subject to seizure, a person 17
must not tamper, or attempt to tamper, with the thing, or something 18
restricting access to the thing, without an inspector's approval. 19
Maximum penalty--40 penalty units. 20
to support seizure 21
Powers
211.(1) To enable a thing to be seized, an inspector may require the 22
person in control of it-- 23
(a) to take it to a stated reasonable place by a stated reasonable time; 24
and 25
(b) if necessary, to remain in control of it at the stated place for a 26
reasonable time. 27
(2) The requirement-- 28
s 212 118 s 213
Interactive Gambling (Player Protection)
(a) must be made by notice in the approved form; or 1
(b) if for any reason it is not practicable to give the notice, may be 2
made orally and confirmed by notice in the approved form as 3
soon as practicable. 4
(3) A person of whom a requirement is made must comply with the 5
requirement, unless the person has a reasonable excuse. 6
Maximum penalty--40 penalty units. 7
(4) A further requirement may be made under this section about the 8
same thing if it is necessary and reasonable to make the further requirement. 9
to be given on seizure 10
Receipts
212.(1) As soon as practicable after an inspector seizes a thing, the 11
inspector must give a receipt for it to the person from whom it was seized. 12
(2) However, if for any reason it is not practicable to comply with 13
subsection (1), the inspector must leave the receipt at the place of seizure in 14
a conspicuous position and in a reasonably secure way. 15
(3) The receipt must describe generally each thing seized and its 16
condition. 17
(4) This section does not apply to a thing if it is impracticable or would 18
be unreasonable to give the receipt (given the thing's nature, condition and 19
value). 20
21
Forfeiture
213.(1) A thing that has been seized under this part is forfeited to the 22
State if the inspector who seized the thing-- 23
(a) cannot find its owner, after making reasonable inquiries; or 24
(b) cannot return it to its owner, after making reasonable efforts; or 25
(c) reasonably believes it is necessary to retain the thing to prevent it 26
being used to commit an offence against this Act or a 27
corresponding law. 28
(2) In applying subsection (1)-- 29
s 214 119 s 214
Interactive Gambling (Player Protection)
(a) subsection (1)(a) does not require the inspector to make inquiries 1
if it would be unreasonable to make inquiries to find the owner; 2
and 3
(b) subsection (1)(b) does not require the inspector to make efforts if 4
it would be unreasonable to make efforts to return the thing to its 5
owner. 6
(3) If the inspector decides to forfeit a thing under subsection (1)(c), the 7
inspector must tell the owner of the decision by written notice. 8
(4) Subsection (3) does not apply if-- 9
(a) the inspector cannot find the owner, after making reasonable 10
inquiries; or 11
(b) it is impracticable or would be unreasonable to give the notice. 12
(5) The notice must state-- 13
(a) the reasons for the decision; and 14
(b) that the owner may appeal against the decision to the Queensland 15
Gaming Commission within 28 days; and 16
(c) how the appeal may be made; and 17
(d) that the owner may apply for a stay of the decision if the owner 18
appeals against the decision. 19
(6) Regard must be had to a thing's nature, condition and value-- 20
(a) in deciding-- 21
(i) whether it is reasonable to make inquiries or efforts; and 22
(ii) if making inquiries or efforts--what inquiries or efforts are 23
reasonable; or 24
(b) in deciding whether it would be unreasonable to give notice about 25
a thing. 26
of things that have been seized 27
Return
214.(1) If a thing has been seized but not forfeited, the inspector must 28
return it to its owner-- 29
(a) at the end of 6 months; or 30
s 215 120 s 217
Interactive Gambling (Player Protection)
(b) if a proceeding for an offence involving the thing is started within 1
6 months--at the end of the proceeding and any appeal from the 2
proceeding. 3
(2) Despite subsection (1), unless the thing has been forfeited, the 4
inspector must promptly return a thing seized as evidence to its owner if the 5
inspector stops being satisfied its continued retention as evidence is 6
necessary. 7
to things that have been seized 8
Access
215.(1) Until a thing that has been seized is forfeited or returned, an 9
inspector must allow its owner to inspect it and, if it is a document, to copy 10
it. 11
(2) Subsection (1) does not apply if it is impracticable or would be 12
unreasonable to allow the inspection or copying. 13
6--Power to give directions to stop using things 14
Subdivision
to stop using thing 15
Direction
216.(1) This section applies if an inspector reasonably believes-- 16
(a) a thing used in the conduct of an authorised game is 17
unsatisfactory for the purpose for which it is used; and 18
(b) the continued use of the thing may-- 19
(i) jeopardise the integrity of the conduct of authorised games; 20
or 21
(ii) adversely affect the public interest. 22
(2) The inspector may direct the person who has, or reasonably appears 23
to have, authority to exercise control over the thing to stop using the thing, 24
or allowing the thing to be used, in the conduct of authorised games. 25
about stop directions 26
Requirements
217.(1) A direction given to a person under section 216 (a "stop 27
direction") may be given orally or by written notice (a "stop notice"). 28
s 218 121 s 219
Interactive Gambling (Player Protection)
(2) However, if the direction is given orally, it must be confirmed by 1
written notice (also a "stop notice") given to the person as soon as 2
practicable. 3
(3) A stop direction may be given for a thing at a place occupied by an 4
authorised provider, an agent or other person involved in Queensland in the 5
conduct of an authorised game. 6
(4) A stop direction does not apply to a use of the thing carried out for 7
repairing or testing the thing. 8
(5) A stop notice must state-- 9
(a) the grounds on which the inspector believes the thing is 10
unsatisfactory; and 11
(b) the circumstances (if any) under which the stop direction may be 12
cancelled. 13
to comply with stop direction 14
Failure
218. A person to whom a stop direction is given must comply with the 15
direction. 16
Maximum penalty--40 penalty units. 17
7--Power to obtain information 18
Subdivision
to require name and address 19
Power
219.(1) This section applies if-- 20
(a) an inspector finds a person committing an offence against this 21
Act or a corresponding law; or 22
(b) an inspector finds a person in circumstances that lead, or has 23
information that leads, the inspector reasonably to suspect the 24
person has just committed an offence against this Act or a 25
corresponding law. 26
(2) The inspector may require the person to state the person's name and 27
residential address. 28
(3) When making the requirement, the inspector must warn the person 29
s 220 122 s 221
Interactive Gambling (Player Protection)
that it is an offence to fail to state the person's name or residential address, 1
unless the person has a reasonable excuse. 2
(4) The inspector may require the person to give evidence of the 3
correctness of the stated name or residential address if the inspector 4
reasonably suspects the stated name or address to be false. 5
(5) A requirement under subsection (2) or (4) is called a "personal 6
details requirement". 7
to give name or address 8
Failure
220.(1) A person of whom a personal details requirement is made must 9
comply with the requirement, unless the person has a reasonable excuse. 10
Maximum penalty--40 penalty units. 11
(2) A person does not commit an offence against subsection (1) if-- 12
(a) the person was required to state the person's name and residential 13
address by an inspector who suspected the person had committed 14
an offence against this Act or a corresponding law; and 15
(b) the person is not proved to have committed the offence. 16
to require production of documents 17
Power
221.(1) An inspector may require a person to produce or make available 18
for inspection by the inspector (or some other person nominated by the 19
inspector), at a reasonable time and place nominated by the inspector-- 20
(a) a document issued to the person under this Act or a 21
corresponding law; or 22
(b) a document required to be kept by the person under this Act or a 23
corresponding law; or 24
(c) if the person is an authorised provider--a document kept by the 25
authorised provider about the conduct of authorised games by the 26
authorised provider; or 27
(d) if the person is an agent--a document kept by the agent about the 28
conduct of authorised games by the authorised provider by whom 29
the agent is appointed. 30
s 222 123 s 224
Interactive Gambling (Player Protection)
(2) The inspector may keep the document to copy it. 1
(3) If the inspector copies the document, or an entry in the document, the 2
inspector may require the person responsible for keeping the document to 3
certify the copy as a true copy of the document or entry. 4
(4) The inspector must return the document to the person as soon as 5
practicable after copying it. 6
(5) However, if a requirement (a "document certification 7
requirement") is made of a person under subsection (3), the inspector may 8
keep the document until the person complies with the requirement. 9
(6) A requirement under subsection (1) is called a "document 10
production requirement". 11
to produce document 12
Failure
222.(1) A person of whom a document production requirement is made 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty--40 penalty units. 16
(2) It is a reasonable excuse for a person not to comply with a document 17
production requirement if complying with the requirement might tend to 18
incriminate the person. 19
to certify copy of document 20
Failure
223. A person of whom a document certification requirement is made 21
must comply with the requirement, unless the person has a reasonable 22
excuse. 23
Maximum penalty--40 penalty units. 24
to require attendance of persons 25
Power
224.(1) An inspector may require a person, or an executive officer of a 26
corporation, of whom a document production requirement has been made 27
to attend before the inspector to answer questions or give information about 28
the document to which the document production requirement relates. 29
s 224 124 s 224
Interactive Gambling (Player Protection)
(2) An inspector may require any of the following persons to attend 1
before the inspector to answer questions or give information about the 2
operations of an authorised provider-- 3
(a) the authorised provider or, if the authorised provider is a 4
corporation, an executive officer of the authorised provider; 5
(b) an employee of the authorised provider; 6
(c) an agent for the authorised provider or, if the agent is a 7
corporation, an executive officer of the corporation; 8
(d) an employee of an agent mentioned in paragraph (c); 9
(e) another person associated with the operations or management 10
of-- 11
(i) the authorised provider; or 12
(ii) an agent mentioned in paragraph (c). 13
(3) An inspector may require any of the following persons to attend 14
before the inspector to answer questions or give information about an 15
agent's operations-- 16
(a) the agent or, if the agent is a corporation, an executive officer of 17
the agent; 18
(b) an employee of the agent; 19
(c) the authorised provider that is the agent's principal or, if the 20
principal is a corporation, an executive officer of the corporation; 21
(d) another person associated with the operations or management 22
of-- 23
(i) the agent; or 24
(ii) the authorised provider that is the agent's principal. 25
(4) A requirement made of a person under this section must-- 26
(a) be made by written notice given to the person; and 27
(b) state a reasonable time and place for the person's attendance. 28
(5) When making the requirement, the inspector must warn the person 29
that it is an offence to fail to comply with the requirement, unless the person 30
has a reasonable excuse. 31
s 225 125 s 226
Interactive Gambling (Player Protection)
to comply with requirement about attendance 1
Failure
225.(1) A person of whom a requirement is made under section 224 2
must not, unless the person has a reasonable excuse-- 3
(a) fail to attend before the inspector at the time and place stated in the 4
notice imposing the requirement; or 5
(b) when attending before the inspector-- 6
(i) fail to comply with a requirement to answer a question or 7
give information; or 8
(ii) state anything the person knows to be false or misleading in 9
a material particular. 10
Maximum penalty--40 penalty units. 11
(2) It is a reasonable excuse for a person to fail to comply with a 12
requirement to answer a question or give information if complying with the 13
requirement might tend to incriminate the person. 14
to require financial records 15
Power
226.(1) This section applies to a person who is the manager or other 16
principal officer at a place of business of a financial institution at which-- 17
(a) an authorised provider keeps an account in relation to the 18
authorised provider's operations; or 19
(b) an agent keeps an account in relation to the agent's operations. 20
(2) An inspector may, by written notice given to the person, require the 21
person to give to the inspector, within the time (not less than 7 days) stated 22
in the notice-- 23
(a) a statement of account for the account; or 24
(b) copies of cheques or other records relevant to the account; or 25
(c) other particulars or documents relevant to the account stated in the 26
notice. 27
(3) An inspector may make a requirement under subsection (2) (a 28
"financial records requirement") only with the written approval of the 29
chief executive. 30
s 227 126 s 229
Interactive Gambling (Player Protection)
of compliance with financial records requirement 1
Effect
227.(1) No liability for breach of trust or on any other basis attaches to a 2
person who is the manager or other principal officer at a place of business 3
of a financial institution merely because the person complies with a financial 4
records requirement. 5
(2) No liability for breach of trust or on any other basis attaches to a 6
financial institution merely because a person who is the manager or other 7
principal officer at a place of business of the institution complies with a 8
financial records requirement. 9
to comply with financial records requirement 10
Failure
228. A person of whom a financial records requirement is made must 11
comply with the requirement within the time stated in the relevant notice, 12
unless the person has a reasonable excuse. 13
Maximum penalty--40 penalty units. 14
Division 3--Powers of Minister 15
about management practice 16
Direction
229.(1) This section applies if the Minister reasonably believes-- 17
(a) the management, supervision or control of a part of the operations 18
of a licensed provider, or an agent for a licensed provider, (the 19
"management practice") is unsatisfactory; and 20
(b) the management practice may-- 21
(i) compromise proper standards of integrity in the conduct of 22
authorised games; or 23
(ii) adversely affect the public interest in some other way. 24
(2) The Minister may direct the licensed provider or the agent to stop, or 25
change, the management practice. 26
(3) The direction must-- 27
(a) be in writing; and 28
s 230 127 s 231
Interactive Gambling (Player Protection)
(b) state the grounds on which the Minister believes the management 1
practice is unsatisfactory; and 2
(c) if the person is required to change the management 3
practice--clearly describe how the practice is to be changed; and 4
(d) state when the person is required to comply with the direction. 5
(4) A person to whom a direction is given must comply with the 6
direction unless the person has a reasonable excuse. 7
Maximum penalty for subsection (4)--40 penalty units. 8
Division 4--General enforcement matters 9
on conviction 10
Forfeiture
230.(1) On conviction of a person for an offence against this Act, the 11
court may order the forfeiture to the State of-- 12
(a) anything used to commit the offence; or 13
(b) anything else the subject of the offence. 14
(2) The court may make the order-- 15
(a) whether or not the thing has been seized; and 16
(b) if the thing has been seized--whether or not the thing has been 17
returned to its owner. 18
(3) The court may make any order to enforce the forfeiture it considers 19
appropriate. 20
(4) This section does not limit the court's powers under the Penalties 21
and Sentences Act 1992 or another law. 22
with forfeited things 23
Dealing
231.(1) On the forfeiture of a thing to the State, the thing becomes the 24
State's property and may be dealt with by the chief executive as the chief 25
executive considers appropriate. 26
(2) Without limiting subsection (1), the chief executive may destroy the 27
thing. 28
s 232 128 s 233
Interactive Gambling (Player Protection)
of damage 1
Notice
232.(1) This section applies if-- 2
(a) an inspector damages something when exercising or purporting 3
to exercise a power; or 4
(b) a person (the "other person") acting under the direction of an 5
inspector damages something. 6
(2) The inspector must promptly give written notice of particulars of the 7
damage to the person who appears to the inspector to be the owner of the 8
thing. 9
(3) If the inspector believes the damage was caused by a latent defect in 10
the thing or circumstances beyond the inspector's or other person's control, 11
the inspector may state that belief in the notice. 12
(4) If, for any reason, it is impracticable to comply with subsection (2), 13
the inspector must leave the notice in a conspicuous position and in a 14
reasonably secure way where the damage happened. 15
(5) This section does not apply to damage the inspector reasonably 16
considers trivial. 17
(6) In this section-- 18
"owner", of a thing, includes the person in possession or control of it. 19
20
Compensation
233.(1) A person may claim compensation from the State if the person 21
incurs loss or expense because of the exercise or purported exercise of a 22
power under any of the following subdivisions of division 23-- 23
· subdivision 2 (Power to enter places) 24
· subdivision 4 (General powers) 25
· subdivision 5 (Power to seize evidence) 26
· subdivision 7 (Power to obtain information). 27
(2) However, if an external inspector exercised or purported to exercise 28
3 Division 2 (Powers of inspectors)
s 234 129 s 234
Interactive Gambling (Player Protection)
the relevant power, a claim under this section is to be made against-- 1
(a) the inspector; or 2
(b) a person designated under the intergovernmental agreement as a 3
person against whom claims may be made under this section for 4
acts of the inspector. 5
(3) Without limiting subsection (1), compensation may be claimed for 6
loss or expense incurred in complying with a requirement made of the 7
person under the subdivision. 8
(4) Compensation may be claimed and ordered in a proceeding-- 9
(a) brought in a court with jurisdiction in proceedings for the 10
recovery of the amount of compensation claimed; or 11
(b) for an offence against this Act brought against the person 12
claiming compensation. 13
(5) A court may order compensation to be paid only if it is satisfied it is 14
just to make the order in the circumstances of the particular case. 15
(6) A regulation may prescribe matters that may, or must, be taken into 16
account by the court when considering whether it is just to make the order. 17
officials from liability 18
Protecting
234.(1) In this section-- 19
"official" means-- 20
(a) the Minister; or 21
(b) the chief executive; or 22
(c) an inspector; or 23
(d) a person acting under the direction of an inspector. 24
(2) An official is not civilly liable for an act done, or omission made, 25
honestly and without negligence under this Act. 26
(3) If subsection (2) prevents a civil liability attaching to an official (other 27
than an external inspector or a person acting under the direction of an 28
external inspector), the liability attaches instead to the State. 29
(4) If subsection (2) prevents a civil liability attaching to an external 30
s 235 130 s 236
Interactive Gambling (Player Protection)
inspector or a person acting under the direction of an external inspector), the 1
liability attaches instead to-- 2
(a) a person designated under the intergovernmental agreement as the 3
person to whom liability attaches under this section for acts of the 4
inspector; or 5
(b) if no person is so designated--the State. 6
Division 5--General enforcement offences 7
or misleading statements 8
False
235.(1) A person must not state anything to an inspector the person 9
knows to be false or misleading in a material particular. 10
Maximum penalty--40 penalty units. 11
(2) It is enough for a complaint for an offence against subsection (1) to 12
state that the statement made was false or misleading to the person's 13
knowledge. 14
misleading or incomplete documents 15
False,
236.(1) A person must not give an inspector a document containing 16
information the person knows to be false, misleading or incomplete in a 17
material particular. 18
Maximum penalty--40 penalty units. 19
(2) Subsection (1) does not apply to a person if the person, when giving 20
the document-- 21
(a) tells the inspector, to the best of the person's ability, how it is 22
false, misleading or incomplete; and 23
(b) if the person has, or can reasonably obtain, the correct 24
information--gives the correct information. 25
(3) Also, a person must not make an entry in a document required or 26
permitted to be made or kept under this Act knowing the entry to be false, 27
misleading or incomplete in a material particular. 28
Maximum penalty--40 penalty units. 29
s 237 131 s 239
Interactive Gambling (Player Protection)
(4) It is enough for a complaint for an offence against subsection (1) 1
or (3) to state that the document or entry was false, misleading or 2
incomplete to the person's knowledge. 3
inspectors 4
Obstructing
237.(1) A person must not obstruct an inspector in the exercise of a 5
power (or someone helping an inspector in the exercise of a power), unless 6
the person has a reasonable excuse for the obstruction. 7
Maximum penalty--40 penalty units. 8
(2) If a person has obstructed an inspector (or someone helping an 9
inspector) and the inspector decides to proceed with the exercise of the 10
power, the inspector must warn the person that-- 11
(a) it is an offence to cause an obstruction, unless the person has a 12
reasonable excuse; and 13
(b) the inspector considers the person's conduct an obstruction. 14
PART 9--LEGAL PROCEEDINGS 15
1--Evidence 16
Division
of division 17
Application
238. This division applies to a proceeding under this Act. 18
and authority 19
Appointments
239. It is not necessary to prove-- 20
(a) the chief executive's appointment; or 21
(b) an inspector's appointment; or 22
(c) the authority of the chief executive or an inspector to do anything 23
under this Act. 24
s 240 132 s 241
Interactive Gambling (Player Protection)
1
Signatures
240. 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
241.(1) A certificate purporting to be signed by the chief executive stating 5
any of the following matters is evidence of the matter-- 6
(a) a stated document is one of the following things made, given, 7
issued or kept under this Act or a corresponding law-- 8
(i) an appointment, approval or decision; 9
(ii) a notice, direction or requirement; 10
(iii) a licence; 11
(iv) a record, or an extract from a record; 12
(b) a stated document is another document kept under this Act or a 13
corresponding law; 14
(c) a stated document is a copy of a thing mentioned in paragraph (a) 15
or (b); 16
(d) on a stated day, or during a stated period, a stated person was or 17
was not the holder of a licence; 18
(e) on a stated day, or during a stated period, a licence-- 19
(i) was or was not in force; or 20
(ii) was or was not subject to a stated condition; 21
(f) on a stated day-- 22
(i) a licence was suspended for a stated period, surrendered or 23
cancelled; or 24
(ii) an agency agreement was cancelled; 25
(g) on a stated day, or during a stated period, a stated appointment 26
(including a person's appointment as an inspector) or a stated 27
approval was, or was not, in force for a stated person or thing; 28
(h) on a stated day, a stated person was given a stated notice or 29
s 242 133 s 243
Interactive Gambling (Player Protection)
direction under this Act; 1
(i) on a stated day, a stated requirement was made of a stated person; 2
(j) a stated amount is payable under this Act by a stated person and 3
has not been paid; 4
(k) anything else prescribed under a regulation. 5
(2) In this section-- 6
"licence" means an interactive gambling licence or a key person licence. 7
Division 2--Proceedings 8
and summary offences 9
Indictable
242.(1) An offence against section 169, 170, or 1724 is an indictable 10
offence. 11
(2) Any other offence against this Act is a summary offence. 12
for indictable offences 13
Proceedings
243.(1) A proceeding for an indictable offence against this Act may be 14
taken, at the election of the prosecution-- 15
(a) by way of summary proceedings under the Justices Act 1886; or 16
(b) on indictment. 17
(2) A magistrate must not hear an indictable offence summarily if-- 18
(a) the defendant asks at the start of the hearing that the charge be 19
prosecuted on indictment; or 20
(b) the magistrate considers the charge should be prosecuted on 21
indictment. 22
(3) If subsection (2) applies-- 23
(a) the magistrate must proceed by way of an examination of 24
witnesses for an indictable offence; and 25
4 Section 169 (Cheating), 170 (Forgery and deception) or 172 (Bribery)
s 244 134 s 245
Interactive Gambling (Player Protection)
(b) a plea of the person charged at the start of the proceedings must 1
be disregarded; and 2
(c) evidence brought in the proceedings before the magistrate decided 3
to act under subsection (2) is taken to be evidence in the 4
proceeding for the committal of the person for trial or sentence; 5
and 6
(d) before committing the person for trial or sentence, the magistrate 7
must make a statement to the person as required by the Justices 8
Act 1886, section 104(2)(b).5 9
(4) The maximum penalty that may be summarily imposed for an 10
indictable offence is 165 penalty units. 11
on who may summarily hear indictable offence 12
Limitation
proceedings 13
244.(1) A proceeding must be before a magistrate if it is a proceeding-- 14
(a) for the summary conviction of a person on a charge of an 15
indictable offence; or 16
(b) for an examination of witnesses for a charge of an indictable 17
offence. 18
(2) However, if a proceeding for an indictable offence is brought before a 19
justice who is not a magistrate, jurisdiction is limited to taking or making a 20
procedural action or order within the meaning of the Justices of the Peace 21
and Commissioners for Declarations Act 1991. 22
on time for starting summary proceedings 23
Limitation
245. A proceeding for an offence against this Act by way of summary 24
proceeding under the Justices Act 1886 may start at any time but if started 25
more than 1 year after the commission of the offence must start within 26
6 months after the offence comes to the complainant's knowledge. 27
5 Section 104 (Proceedings upon an examination of witnesses in relation to an
indictable offence)
s 246 135 s 247
Interactive Gambling (Player Protection)
for acts or omissions of representatives 1
Responsibility
246.(1) In this section-- 2
"representative" means-- 3
(a) of a corporation--an executive officer, employee or agent of the 4
corporation; or 5
(b) of an individual--an employee or agent of the individual. 6
"state of mind" of a person includes-- 7
(a) the person's knowledge, intention, opinion, belief or purpose; and 8
(b) the person's reasons for the intention, opinion, belief or purpose. 9
(2) Subsections (3) and (4) apply in a proceeding for an offence against 10
this Act. 11
(3) If it is relevant to prove a person's state of mind about a particular act 12
or omission, it is enough to show-- 13
(a) the act was done or omitted to be done by a representative of the 14
person within the scope of the representative's actual or apparent 15
authority; and 16
(b) the representative had the state of mind. 17
(4) An act done or omitted to be done for a person by a representative of 18
the person within the scope of the representative's actual or apparent 19
authority is taken to have been done or omitted to be done also by the 20
person, unless the person proves the person could not, by the exercise of 21
reasonable diligence, have prevented the act or omission. 22
officers must ensure corporation complies with Act 23
Executive
247.(1) The executive officers of a corporation must ensure the 24
corporation complies with this Act. 25
(2) If a corporation commits an offence against a provision of this Act, 26
each of the corporation's executive officers also commits an offence, 27
namely, the offence of failing to ensure that the corporation complies with 28
the provision. 29
Maximum penalty for subsection (2)--the same as for the offence 30
committed by the corporation. 31
s 248 136 s 250
Interactive Gambling (Player Protection)
(3) Evidence that the corporation has been convicted of an offence 1
against a provision of this Act is evidence that each of the executive officers 2
committed the offence of failing to ensure that the corporation complies 3
with the provision. 4
(4) However, it is a defence for an executive officer to prove-- 5
(a) if the officer was in a position to influence the conduct of the 6
corporation in relation to the offence--the officer exercised 7
reasonable diligence to ensure the corporation complied with the 8
provision; or 9
(b) the officer was not in a position to influence the conduct of the 10
corporation in relation to the offence. 11
to commit offences 12
Attempts
248.(1) A person who attempts to commit an offence against this Act 13
commits an offence. 14
(2) The maximum penalty for an attempt is one-half the maximum 15
penalty for the completed offence. 16
(3) The Criminal Code, section 46 applies to subsection (1). 17
ART 10--APPEALS 18
P
by licensed providers 19
Appeals
249. A licensed provider may appeal to the Queensland Gaming 20
Commission against a decision of the chief executive mentioned in 21
schedule 2, part 1. 22
by applicants for key person licences 23
Appeals
250. An applicant for a key person licence may appeal to the Queensland 24
6 Section 4 (Attempts to commit offences)
s 251 137 s 254
Interactive Gambling (Player Protection)
Gaming Commission against a decision of the chief executive under 1
section 667 to refuse to grant the application. 2
by key person licensees 3
Appeals
251. A key person licensee may appeal to the Queensland Gaming 4
Commission against a decision of the chief executive mentioned in 5
schedule 2, part 2. 6
by agents 7
Appeals
252. An agent may appeal to the Queensland Gaming Commission 8
against a decision of the chief executive mentioned in schedule 2, part 3. 9
by other persons 10
Appeals
253.(1) A decision by the chief executive under section 137 is subject to 11
appeal to the Queensland Gaming Commission as follows-- 12
(a) an applicant for an order may appeal against a decision by the 13
chief executive not to make the order sought in the application; 14
(b) a person affected by the order may, if the person is not the 15
applicant, appeal against the chief executive's decision to make 16
the order. 17
(2) The owner of a thing seized by an inspector may appeal to the 18
Queensland Gaming Commission against a decision of an inspector under 19
section 2138 to forfeit the thing. 20
appeal 21
Starting
254.(1) An appeal is started by-- 22
(a) filing a written notice of appeal with the registrar of the 23
Queensland Gaming Commission; and 24
(b) serving a copy of the notice on the person (the "decision 25
7 Section 66 (Consideration of application)
8 Section 213 (Forfeiture)
s 255 138 s 256
Interactive Gambling (Player Protection)
maker") who made the decision appealed against. 1
(2) The notice of appeal must be filed within 28 days after the appellant 2
receives notice of the decision. 3
(3) The Queensland Gaming Commission may at any time extend the 4
period for filing the notice of appeal. 5
(4) The notice of appeal must state fully the grounds of the appeal and the 6
facts relied on. 7
of operation of decisions 8
Stay
255.(1) The Queensland Gaming Commission may grant a stay of the 9
operation of a decision appealed against to secure the effectiveness of the 10
appeal. 11
(2) A stay-- 12
(a) may be given on conditions the Queensland Gaming 13
Commission considers appropriate; and 14
(b) operates for the period fixed by the commission; and 15
(c) may be revoked or amended by the commission. 16
(3) The period of a stay under this section must not extend past the time 17
when the Queensland Gaming Commission decides the appeal. 18
(4) An appeal against a decision affects the decision, or carrying out of 19
the decision, only if the decision is stayed. 20
procedures 21
Hearing
256.(1) In deciding an appeal, the Queensland Gaming Commission-- 22
(a) has the same powers as the decision maker; and 23
(b) is not bound by the rules of evidence; and 24
(c) must comply with natural justice; and 25
(d) may hear the appeal in public or in private. 26
(2) An appeal is by way of rehearing. 27
s 257 139 s 257
Interactive Gambling (Player Protection)
to gather evidence 1
Power
257.(1) The Queensland Gaming Commission may, by written notice 2
signed by the registrar, require a person-- 3
(a) to give written answers to questions, or produce a document, 4
stated in the notice for the purposes of an appeal mentioned in the 5
notice; or 6
(b) to appear before the commission at a stated time and place to 7
answer questions, or produce a stated document, related to an 8
appeal mentioned in the notice. 9
(2) The answers to questions given in response to a notice under 10
subsection (1)(a) must, if the notice so requires, be verified by statutory 11
declaration. 12
(3) A person must not, without reasonable excuse-- 13
(a) refuse or fail to comply with a requirement of a notice under this 14
section; or 15
(b) if appearing for examination before the Queensland Gaming 16
Commission-- 17
(i) refuse or fail to take an oath or make an affirmation when 18
required to do so by a member of the commission or the 19
registrar; or 20
(ii) refuse or fail to answer a question relevant to the subject of 21
the appeal to the best of the person's knowledge, 22
information or belief; or 23
(iii) fail to produce a document the person is required to produce 24
under subsection (1)(b). 25
Maximum penalty--40 penalty units. 26
(4) A member of the Queensland Gaming Commission may administer 27
an oath or affirmation to a person appearing before the commission for 28
examination. 29
(5) It is a reasonable excuse for a person to fail to comply with a 30
requirement to answer a question or produce a document if complying with 31
the requirement might tend to incriminate the person. 32
s 258 140 s 260
Interactive Gambling (Player Protection)
of Queensland Gaming Commission 1
Powers
258.(1) In deciding an appeal, the Queensland Gaming Commission 2
may-- 3
(a) confirm the decision; or 4
(b) set aside the decision and substitute another decision; or 5
(c) set aside the decision and return the issue to the decision maker 6
with the directions the commission considers appropriate. 7
(2) If the Queensland Gaming Commission substitutes another decision, 8
the substituted decision is, for this Act (other than this part) taken to be the 9
decision maker's decision. 10
(3) The Queensland Gaming Commission must promptly give the 11
parties to an appeal written notice of its decision on the appeal and the 12
reasons for its decision. 13
to District Court 14
Appeals
259. An appeal lies to a District Court from a decision of the Queensland 15
Gaming Commission on a question of law. 16
PART 11--MISCELLANEOUS 17
of information 18
Confidentiality
260.(1) A person who is, or was, an inspector, or officer or employee of 19
the department, must not disclose information gained by the person in 20
performing functions under this Act. 21
Maximum penalty--200 penalty units or 2 years imprisonment. 22
(2) Subsection (1) does not apply to the disclosure of information by a 23
person-- 24
(a) for a purpose under this Act, a gaming Act or a corresponding 25
law; or 26
(b) with a lawful excuse; or 27
s 261 141 s 261
Interactive Gambling (Player Protection)
(c) under an approval of the chief executive under this section. 1
(3) The chief executive may approve the disclosure of information by a 2
person to-- 3
(a) an entity prescribed under a regulation; or 4
(b) an officer, employee or member of the entity; or 5
(c) a stated department, entity or person. 6
(4) Before giving an approval for subsection (3)(c), the chief executive 7
must-- 8
(a) give written notice of the proposed approval to any person whom 9
the chief executive considers likely to be affected adversely by the 10
disclosure; and 11
(b) give the person the opportunity of making a submission about the 12
proposed approval within the time (not less than 14 days) stated 13
in the notice. 14
(5) If information is disclosed to an entity or person under an approval 15
given by the chief executive, the entity or person, and any employee or other 16
person under the control of the entity or person, are taken to be persons to 17
whom subsection (1) applies and to have gained the information in 18
performing functions under this Act. 19
20
Delegations
261.(1) The Minister may delegate the Minister's powers under this Act 21
to the chief executive or an appropriately qualified officer of the department. 22
(2) The chief executive may delegate to an appropriately qualified 23
inspector (other than an external inspector) or an appropriately qualified 24
officer of the department-- 25
(a) powers of the chief executive under this Act; or 26
(b) powers delegated to the chief executive by the Minister under this 27
section. 28
(3) The chief executive must notify licensed providers of the current 29
delegations in force under this section from time to time. 30
(4) In this section-- 31
s 262 142 s 265
Interactive Gambling (Player Protection)
"appropriately qualified" includes having the qualifications, experience or 1
standing appropriate to the exercise of the power. 2
3
Example of `standing'
4
A person's classification level in the public service.
of forms 5
Approval
262. The chief executive may approve forms for use under this Act. 6
power 7
Regulation-making
263. The Governor in Council may make regulations under this Act. 8
ART 12--CONSEQUENTIAL AMENDMENTS 9
P
of Art Unions Act 1992 10
Amendment
264.(1) The Art Unions Act 1992 is amended as set out in this section. 11
(2) Section 5(3)-- 12
omit, insert-- 13
`(3) However, the following are not art unions-- 14
(a) a lottery conducted under the Lotteries Act 1997, or under 15
arrangements approved under that Act; 16
(b) a game authorised under the Interactive Gambling (Player 17
Protection) Act 1998.'. 18
of Casino Control Act 1982 19
Amendment
265.(1) The Casino Control Act 1982 is amended as set out in this 20
section. 21
(2) Section 4(1), definition "Gaming Act"-- 22
omit, insert-- 23
s 266 143 s 266
Interactive Gambling (Player Protection)
` "Gaming Act" means any of the following Acts-- 1
· Art Unions Act 1992 2
· Gaming Machine Act 1991 3
· Interactive Gambling (Player Protection) Act 1998 4
· Keno Act 1996 5
· Lotteries Act 1997 6
· Wagering Act 1998.'. 7
(3) Section 4(1), definition "casino gross revenue", `conduct of gaming 8
and agency related keno games', second mention-- 9
omit, insert-- 10
`conduct of gaming'. 11
of Gaming Machine Act 1991 12
Amendment
266.(1) The Gaming Machine Act 1991 is amended as set out in this 13
section. 14
(2) Section 3, definition "commission"-- 15
omit, insert-- 16
` "commission" means the Queensland Gaming Commission continued in 17
existence under section 10.'. 18
(3) Section 3, definition "Gaming Act"-- 19
omit, insert-- 20
` "Gaming Act" means any of the following Acts-- 21
· Art Unions Act 1992 22
· Casino Control Act 1982 23
· Interactive Gambling (Player Protection) Act 1998 24
· Keno Act 1996 25
· Lotteries Act 1997 26
· Wagering Act 1998.'. 27
s 266 144 s 266
Interactive Gambling (Player Protection)
(4) Section 10(1)-- 1
omit, insert-- 2
`10.(1) The entity previously established as the Queensland Machine 3
Gaming Commission is continued in existence under the name of 4
Queensland Gaming Commission.'. 5
(5) Section 11(a)-- 6
omit, insert-- 7
`(a) as are conferred upon the commission under this and other Acts; 8
and'. 9
(6) Section 12(1)-- 10
omit, insert-- 11
`12.(1) The commission may do all things necessary or convenient to be 12
done for or in connection with the performance of its functions or exercise 13
of its powers under this or another Act.'. 14
(7) Section 13(3)-- 15
omit, insert-- 16
`(3) In recommending appointments to the commission, the Minister 17
must ensure that knowledge and experience in the following fields is 18
available to the commission through the commissioners-- 19
(a) the gaming industry; 20
(b) accountancy; 21
(c) the provision of social welfare services to the community. 22
`(3A) At least 1 member of the commission must be a legal practitioner 23
practising law in Queensland.'. 24
(8) Section 17(1)(f)-- 25
omit, insert-- 26
`(f) is convicted of an offence against this Act or another Act that 27
confers powers on the commission; or'. 28
(9) Section 22(1)-- 29
omit, insert-- 30
s 267 145 s 267
Interactive Gambling (Player Protection)
`22.(1) As soon as may be convenient after 30 June in each year, the 1
commission must furnish to the Minister a report on the commission and 2
its operations during the year ended on that day.'. 3
(10) Section 35(1)-- 4
omit, insert-- 5
`35.(1) A commissioner who wilfully discloses, except for the purposes 6
of the commission, or of this or another Act, information that has come into 7
the possession of the commission, or the commissioner, in the course of 8
exercising powers or performing functions under this or another Act, or for 9
the purposes of this or another Act, commits an offence against this Act. 10
Maximum penalty--200 penalty units or 1 year's imprisonment.'. 11
(11) Section 35(2)-- 12
omit, insert-- 13
`(2) A person at all times after appointment, or being made available, as 14
an officer of the division-- 15
(a) must preserve and assist in preserving secrecy with regard to all 16
information that comes to the persons knowledge in the exercise 17
of functions under this or another Act; and 18
(b) must not communicate or reveal the information except-- 19
(i) in the exercise of powers or the performance of functions 20
under this or another Act; or 21
(ii) with any other lawful excuse (proof of which is upon the 22
person); or 23
(iii) if authorised or approved under this section or another Act. 24
Maximum penalty--200 penalty units or 1 year's imprisonment.'. 25
of Keno Act 1996 26
Amendment
267.(1) The Keno Act 1996 is amended as set out in this section. 27
(2) Schedule 4, definition "Gaming Act"-- 28
omit, insert-- 29
` "Gaming Act" means any of the following Acts-- 30
s 268 146 s 268
Interactive Gambling (Player Protection)
· Art Unions Act 1992 1
· Casino Control Act 1982 2
· Gaming Machine Act 1991 3
· Interactive Gambling (Player Protection) Act 1998 4
· Lotteries Act 1997 5
· Wagering Act 1998.'. 6
of Lotteries Act 1997 7
Amendment
268.(1) The Lotteries Act 1997 is amended as set out in this section. 8
(2) Section 7(1), after `an approved arrangement'-- 9
insert-- 10
`or under a Gaming Act'. 11
(3) Section 7(2), after `an approved arrangement'-- 12
insert-- 13
`or under a Gaming Act'. 14
(4) Schedule 3, definition "Gaming Act"-- 15
omit, insert-- 16
` "Gaming Act" means any of the following Acts-- 17
· Art Unions Act 1992 18
· Casino Control Act 1982 19
· Gaming Machine Act 1991 20
· Interactive Gambling (Player Protection) Act 1998 21
· Keno Act 1996 22
· Wagering Act 1998.'. 23
24
147
Interactive Gambling (Player Protection)
CHEDULE 1 1
¡S
ECISIONS NOT SUBJECT TO APPEAL 2
D
section 59 3
PART 1--DECISIONS OF GOVERNOR IN COUNCIL 4
Section Description of decision
52 Suspending an interactive gambling
licence
52 Cancelling an interactive gambling
licence
52 Appointing an administrator to
conduct the operations of a licensed
provider
54 For an interactive gambling licence
that is suspended--cancelling or
reducing any remaining period of
suspension
PART 2--DECISIONS OF MINISTER 5
Section Description of decision
13 Granting or refusing to grant
authorisation for conduct of a
particular interactive game or
imposing condition on such an
authorisation
14 Changing conditions on which a
particular interactive game is
148
Interactive Gambling (Player Protection)
SCHEDULE 1 (continued)
authorised
15 Revoking authorisation to conduct a
particular interactive game
25 Approval of exemption scheme
26 Cancellation of the approval of an
exemption scheme
31 Granting or refusing to grant an
application for an interactive
gambling licence
37 Imposing a condition on an
interactive gambling licence
39 Changing conditions of an
interactive gambling licence
48 Suspending an interactive gambling
licence
49 Censuring a licensed provider
50 Directing a licensed provider to
rectify a matter
150 Giving, or refusing to give, an
approval for an ancillary gambling
agreement
153 Directing the termination of a
related agreement
229 Directing a licensed provider or an
agent to stop or change a
management practice
1
149
Interactive Gambling (Player Protection)
CHEDULE 2 1
¡S
ECISIONS OF CHIEF EXECUTIVE SUBJECT TO 2
D
APPEAL 3
sections 249, 251 and 252 4
PART 1--DECISIONS AFFECTING LICENSED 5
PROVIDERS 6
Section Description of decision
82 Suspending or cancelling a key
person licence
105 Directing licensed provider to
terminate an agency agreement
PART 2--DECISIONS AFFECTING KEY PERSON 7
LICENSEES 8
Section Description of decision
73 Imposing condition on key person
licence
74 Changing a condition of a key
person licence
75 Refusing to grant an application to
replace a key person licence
82 Suspending or cancelling a key
person licence
150
Interactive Gambling (Player Protection)
SCHEDULE 2 (continued)
PART 3--DECISIONS AFFECTING AGENTS 1
Section Description of decision
105 Directing a licensed provider to
terminate an agency agreement
2
151
Interactive Gambling (Player Protection)
CHEDULE 3 1
¡S
ICTIONARY 2
D
section 7 3
"accepted representations" for part 3, division 3, see section 47. 4
"accepted representations" for part 4, division 3, see section 78. 5
"accepted representations" for part 5, division 2, see section 101. 6
"accepted representations" for part 7, division 10, see section 152. 7
"agency agreement" see section 95. 8
"agent" see section 94. 9
"ancillary gambling agreement" see section 149. 10
"approved control system" means a control system approved by the chief 11
executive, and includes an approved control system changed under a 12
direction or approval of the chief executive. 13
"approved form" see section 262. 14
"approved interactive gambling equipment" means regulated interactive 15
gambling equipment approved under section 162. 16
"approved place" see section 138. 17
"authorised game" see section 12. 18
"authorised provider" see section 11. 19
"beneficiary" of a trust includes, in the case of a discretionary trust, an 20
object of the trust. 21
"business associate", of an agent, means a person whom the chief 22
executive reasonably believes to be associated with the agent's 23
operations. 24
"business associate", of a licensed provider, means a person whom the 25
chief executive reasonably believes to be associated with the licensed 26
provider's operations. 27
152
Interactive Gambling (Player Protection)
SCHEDULE 3 (continued)
"business associate", of an applicant for an interactive gambling licence, 1
means a person who the Minister reasonably believes-- 2
(a) is associated with the ownership or management of the 3
applicant's operations; or 4
(b) will, if an interactive gambling licence is issued to the applicant, 5
be associated with the ownership or management of the licensed 6
provider's operations. 7
"condition notice" see section 39. 8
"conduct" includes promote, organise and operate. 9
"control system" means a system of internal controls and administrative 10
and accounting procedures for the conduct of interactive games by a 11
licensed provider. 12
"control system (change) submission" see section 129. 13
"control system submission" see section 128. 14
"conviction" includes a plea of guilty or a finding of guilt by a court even 15
though a conviction is not recorded. 16
"corresponding law", of a participating jurisdiction, means a law of a 17
participating jurisdiction declared to be a corresponding law under 18
section 10. 19
"credit" includes any form of financial accommodation. 20
"criminal history" of a person means the person's criminal history within 21
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 22
1986, and-- 23
(a) despite section 6 of that Act, includes a conviction of the person 24
to which the section applies; and 25
(b) despite section 5 of that Act, includes a charge made against the 26
person for an offence. 27
"document certification requirement" see section 221. 28
"document production requirement" see section 221. 29
"employ" includes engage under a contract for services. 30
153
Interactive Gambling (Player Protection)
SCHEDULE 3 (continued)
"employee", of a licensed provider or an agent, means a person employed 1
by the licensed provider or agent in functions related to the conduct of 2
authorised games. 3
"executive associate", of an agent, means an executive officer of a 4
corporation, partner or trustee, or another person stated by the 5
Minister, whom the Minister reasonably believes to be associated with 6
the ownership or management of the operations of the agent. 7
"executive associate", of a licensed provider, means an executive officer of 8
a corporation, partner or trustee, or another person stated by the 9
Minister, whom the Minister reasonably believes to be associated with 10
the ownership or management of the operations of the licensed 11
provider. 12
"executive associate", of an applicant for an interactive gambling licence, 13
means an executive officer of a corporation, partner or trustee, or 14
another person stated by the Minister whom the Minister reasonably 15
believes-- 16
(a) is associated with the ownership or management of the 17
applicant's operations; or 18
(b) will, if an interactive gambling licence is issued to the applicant, 19
be associated with the ownership or management of the licensed 20
provider's operations. 21
"executive officer", of a corporation, means a person who is concerned 22
with, or takes part in, the corporation's management, whether or not 23
the person is a director or the person's position is given the name of 24
executive officer. 25
"exempt gambling record" see section 138(2). 26
"exemption scheme" see section 24. 27
"external licence" means the licence of an external provider under a 28
corresponding law. 29
"externally authorised game" see section 12(2). 30
"external provider" see section 11(2). 31
154
Interactive Gambling (Player Protection)
SCHEDULE 3 (continued)
"financial institution" means-- 1
(a) a bank; or 2
(b) a building society; or 3
(c) a credit union; or 4
(d) a friendly society; or 5
(e) another entity prescribed under a regulation. 6
"financial records requirement" see section 226. 7
"gambling record", of a licensed provider, means a record (including a 8
document) about the operations conducted by the licensed provider 9
under the interactive gambling licence. 10
"gambling turnover" for an authorised game means the gross amount 11
wagered by the players. 12
"gaming Act" means any of the following Acts-- 13
· Art Unions Act 1992 14
· Casino Control Act 1982 15
· Gaming Machine Act 1991 16
· Keno Act 1996 17
· Lotteries Act 1997 18
· Wagering Act 1998. 19
"gaming official" means-- 20
(a) an inspector; or 21
(b) an officer of the department. 22
"identity card", for an inspector, see section 192. 23
"information notice", for a decision of the chief executive, is a written 24
notice stating-- 25
(a) the decision; and 26
(b) the reasons for the decision; and 27
155
Interactive Gambling (Player Protection)
SCHEDULE 3 (continued)
(c) that the person to whom the notice is given may appeal against 1
the decision to the Queensland Gaming Commission within 28 2
days. 3
"inspector" means a person who is an inspector for this Act. 4
"interactive gambling equipment" means a machine or other device 5
(whether electronic, electrical or mechanical), computer software, or 6
another thing, used, or suitable for use, in the conduct of an authorised 7
game. 8
"interactive gambling licence" means a licence under part 3 (Interactive 9
Gambling Licences). 10
"interactive gambling tax revenue" see section 115(1). 11
"interactive game" see section 6. 12
"interested person", for section 46. 13
"intergovernmental agreement" means an agreement under section 10(2). 14
"key official" means a gaming official declared under section 175 to be a 15
key official. 16
"key person" see section 60. 17
"key person licence" means a licence issued under section 69. 18
"key person licensee" means a person licensed under a key person licence. 19
"key relationship" see section 60. 20
"licence fees" see section 112. 21
"licensed provider" see section 11(1). 22
"official gambling document" means-- 23
(a) an interactive gambling licence; or 24
(b) a key person licence; or 25
(c) an inspector's identity card. 26
"participating jurisdiction" means a jurisdiction that is, under the terms 27
of a declaration made under section 10, to be regarded as a 28
participating jurisdiction. 29
156
Interactive Gambling (Player Protection)
SCHEDULE 3 (continued)
"participating regulator" means the person responsible for the 1
administration of the corresponding law of a participating jurisdiction. 2
"personal details requirement" see section 219. 3
"player" see section 5. 4
"player's account" see section 20. 5
"public office", for a licensed provider, means the licensed provider's 6
principal place of business in the State or, if the licensed provider is a 7
corporation and has its registered office in the State, the registered 8
office. 9
"Queensland Gaming Commission" means the Queensland Gaming 10
Commission under the Gaming Machine Act 1991. 11
"registered company auditor" means a person registered as an auditor, or 12
taken to be so registered, under the Corporations Law, chapter 9, 13
part 9.2.9 14
"registrar", of the Queensland Gaming Commission, means an officer or 15
person designated under a regulation as the registrar of the 16
commission. 17
"regulated interactive gambling equipment" means gambling equipment 18
declared under a regulation to be regulated interactive gambling 19
equipment. 20
"related agreement" means-- 21
(a) an agreement, contract, lease or arrangement (whether written or 22
unwritten) that-- 23
(i) is entered into between a licensed provider and another 24
person; and 25
(ii) relates to the operations of the licensed provider under the 26
interactive gambling licence; or 27
(b) an ancillary gambling agreement. 28
9 Corporations Law, chapter 9 (Miscellaneous), part 9.2 (Registration of auditors
and liquidators)
157
Interactive Gambling (Player Protection)
SCHEDULE 3 (continued)
"rules" see section 120. 1
"show cause notice" for part 3, division 3, see section 45. 2
"show cause notice" for part 4, division 3, see section 78. 3
"show cause notice" for part 5, division 2, see section 101. 4
"show cause notice" for part 7, division 10, see section 152. 5
"show cause period" for part 3, division 3, see section 45. 6
"show cause period" for part 4, division 3, see section 78. 7
"show cause period" for part 5, division 2, see section 101. 8
"show cause period" for part 7, division 10, see section 152. 9
"special warrant" see section 202. 10
"stop direction" see section 217. 11
"telecommunication device" means-- 12
(a) a computer adapted for communicating by way of the internet or 13
another communications network; or 14
(b) a television receiver adapted to allow the viewer to transmit 15
information by way of a cable television network or another 16
communications network; or 17
(c) a telephone; or 18
(d) any other electronic device or thing for communicating at a 19
distance. 20
"wager" means an amount a player pays to participate in an interactive 21
game or puts at risk in playing an interactive game. 22
"written notice" includes a notice given in the form of electronic data from 23
which a written document can be produced or reproduced. 24
25
© State of Queensland 1998
[Index] [Search] [Download] [Related Items] [Help]