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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
WAGERING BILL 1998
Queensland
WAGERING BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--INTERPRETATION
Division 1--Definitions
3 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Basic concepts
4 Meaning of "exclusivity period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 Meaning of "oncourse wagering permit" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6 Meaning of "race wagering licence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 Meaning of "sports wagering licence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Meaning of "totalisator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Other interpretative matters
9 References to applicants for oncourse wagering permits and
permit holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 References to investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 3--LAWFULNESS OF WAGERING
11 Lawful activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12 Relationship with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 4--WAGERING AUTHORITIES
Division 1--Suitability of persons
13 Suitability of involved persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
15 Other matters about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2
Wagering
Division 2--Applications for, and issue of, wagering authorities
16 Application for race wagering licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 Application for sports wagering licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Application for oncourse wagering permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Requirements about applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20 Further information or documents to support application . . . . . . . . . . . . . . . 23
21 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Conditions for granting application for wagering licence . . . . . . . . . . . . . . . 24
23 Conditions for granting application for oncourse wagering permit . . . . . . . 25
24 Investigation of suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
27 Conditions of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Form of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Term of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Dealings affecting wagering authorities
31 Changing conditions of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32 Recording change of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Authority generally not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Mortgage and transfer of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
35 Surrender of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 4--Investigation of authority holders and associates
36 Audit programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
37 Investigation of suitability of authority holders . . . . . . . . . . . . . . . . . . . . . . . 31
38 Investigation of suitability of associates of wagering licensees . . . . . . . . . 31
39 Investigation of suitability of associates of permit holders . . . . . . . . . . . . . 32
40 Requirement to give information or document for investigation . . . . . . . . . 33
41 Failure to give information or document for investigation . . . . . . . . . . . . . . 33
42 Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 5--Suspension and cancellation of wagering authorities
43 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
3
Wagering
44 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Involvement of interested persons in show cause process . . . . . . . . . . . . . . 36
46 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
47 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 37
48 Censuring authority holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
49 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Notice by Minister to Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . 38
51 Suspension, cancellation and appointment of administrator . . . . . . . . . . . . 39
52 Immediate suspension of authority by Minister . . . . . . . . . . . . . . . . . . . . . . . 40
53 Terms of appointment, and role, of administrator . . . . . . . . . . . . . . . . . . . . . 40
54 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 41
55 Notice to interested persons of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 6--Approved events and contingencies
56 Application for approval of events or contingencies . . . . . . . . . . . . . . . . . . . 41
57 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
58 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
59 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
60 Period of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
61 Withdrawal of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 5--WAGERING MANAGERS
Division 1--Suitability of persons
62 Suitability of involved persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
63 Suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
64 Other matters about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 2--Appointment of wagering managers
65 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
66 Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
67 Further information or documents to support application . . . . . . . . . . . . . . . 46
68 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
69 Investigation of suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
70 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4
Wagering
Division 3--Wagering management agreements
71 Meaning of "wagering management agreement" . . . . . . . . . . . . . . . . . . . . . 48
72 Entering into wagering management agreement . . . . . . . . . . . . . . . . . . . . . . 48
73 Amendment of wagering management agreement . . . . . . . . . . . . . . . . . . . . 48
74 Approvals for wagering management agreements . . . . . . . . . . . . . . . . . . . . . 48
Division 4--Investigation of wagering managers and associates
75 Audit programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
76 Investigation of suitability of wagering managers . . . . . . . . . . . . . . . . . . . . . 49
77 Investigation of suitability of associates of wagering managers . . . . . . . . . 50
78 Requirement to give information or document for investigation . . . . . . . . . 50
79 Failure to give information or document for investigation . . . . . . . . . . . . . . 51
80 Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 5--Terminating wagering management agreements
81 Grounds for directing termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
82 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
83 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
84 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 53
85 Censuring wagering manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
86 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
87 Direction to terminate agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
88 Termination of agreement on direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
89 Termination of agreement without direction . . . . . . . . . . . . . . . . . . . . . . . . . 56
90 Suspending wagering manager's operations . . . . . . . . . . . . . . . . . . . . . . . . . 56
91 Notice to wagering licensee of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 6--STATUS OF CERTAIN DECISIONS
92 Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
93 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
94 Certain decisions not to be justiciable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
PART 7--KEY EMPLOYEES AND OPERATORS FOR
AUTHORITY OPERATORS
Division 1--Licensing requirements for key employees
95 Meaning of "key employee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
96 Requirement to be licensed employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
5
Wagering
97 Prohibition of employment as key employees of persons who are
not licensed employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2--Requirements about key operators
98 Meaning of "key operator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
99 Requirement that key operator apply for licence or end role . . . . . . . . . . . . 60
100 Requirement that key operator end role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
101 Requirement to end key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3--Applications for, and issue of, key person licences
102 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
103 Further information or documents to support application . . . . . . . . . . . . . . . 62
104 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
105 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
106 Investigation of suitability of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
107 Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
108 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
109 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
110 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
111 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
112 Lapsing of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 4--Suitability of persons
113 Suitability of applicants and key person licensees . . . . . . . . . . . . . . . . . . . . 65
Division 5--Dealings affecting key person licences
114 Changing conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
115 Recording change of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
116 Replacement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
117 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 6--Investigation of key person licensees
118 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
119 Investigation of suitability of key person licensees . . . . . . . . . . . . . . . . . . . 68
120 Requirement to give information or document for investigation . . . . . . . . . 69
121 Failure to give information or document for investigation . . . . . . . . . . . . . . 69
122 Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
6
Wagering
Division 7--Suspension and cancellation of key person licences
123 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
124 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
125 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
126 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 71
127 Censuring key person licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
128 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
129 Suspension and cancellation of licence after show cause process . . . . . . . 73
130 Suspension of licence before show cause process . . . . . . . . . . . . . . . . . . . . 74
131 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 74
Division 8--Requirements about employment
132 Notice of start of licensed employee's employment . . . . . . . . . . . . . . . . . . . 75
133 Returns about employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
134 Notice of end of licensed employee's employment . . . . . . . . . . . . . . . . . . . 76
135 Requirement to end licensed employee's employment . . . . . . . . . . . . . . . . 76
Division 9--Requirements about association with key operators
136 Notice of end of key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
137 Requirement to end key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 10--Other matters
138 False statements by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
139 Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 8--WAGERING AGENTS
Division 1--Agency agreements
140 Meaning of "agency agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
141 Conditions for entering into agency agreement . . . . . . . . . . . . . . . . . . . . . . . 79
142 Notice of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
143 Amendment of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
144 Returns about agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
145 Notice of change of agent's place of operation . . . . . . . . . . . . . . . . . . . . . . . 80
Division 2--Suitability of persons
146 Suitability of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
147 Suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
7
Wagering
Division 3--Investigation of wagering agents and associates
148 Investigation of suitability of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
149 Investigation of suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
150 Requirement to give information or document for investigation . . . . . . . . . 81
151 Failure to give information or document for investigation . . . . . . . . . . . . . . 82
152 Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 4--Terminating agency agreements
153 Grounds for directing termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
154 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
155 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
156 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 84
157 Censuring agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
158 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
159 Direction to terminate agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
160 Termination of agreement on direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
161 Termination of agreement without direction . . . . . . . . . . . . . . . . . . . . . . . . . 87
162 Suspending agent's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
PART 9--FINANCIAL
Division 1--Commissions and dividends
163 Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
164 Dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 2--Taxes and fees
165 Liability to wagering tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
166 Calculation and payment of wagering tax . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
167 Returns for calculation of wagering tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
168 Liability to wagering authority fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
169 Application of wagering tax and authority fee . . . . . . . . . . . . . . . . . . . . . . . 90
170 Penalty for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
171 Recovery of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
172 Revenue offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
8
Wagering
PART 10--COMPLIANCE REQUIREMENTS
Division 1--Control systems
173 Approved control system required for authorised wagering . . . . . . . . . . . . . 92
174 Control system submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
175 Control system (change) submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
176 Dealing with submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
177 Direction to change approved control system . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 2--Wagering records
178 Notices about keeping wagering records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
179 Wagering records to be kept at certain place . . . . . . . . . . . . . . . . . . . . . . . . 96
180 Wagering records to be kept for required period . . . . . . . . . . . . . . . . . . . . . . 96
Division 3--Financial accounts, statements and reports
181 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
182 Preparation of financial statements and accounts . . . . . . . . . . . . . . . . . . . . . 97
183 Submission of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Division 4--Financial institution accounts
184 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
185 Use of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 5--Audit
186 Exempt authority operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
187 Audit of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
188 Completion of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
189 Further information following audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PART 11--CONDUCT OF APPROVED WAGERING
Division 1--Agreements
190 Meaning of "ancillary wagering agreement" . . . . . . . . . . . . . . . . . . . . . . . 101
191 Meaning of "related agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
192 Entering into ancillary wagering agreements . . . . . . . . . . . . . . . . . . . . . . . 102
193 Approval for ancillary wagering agreement . . . . . . . . . . . . . . . . . . . . . . . . . 102
194 Review of related agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
195 Show cause notice for related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 103
196 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . 104
9
Wagering
197 Direction to terminate related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 2--Operations of authority operators and wagering agents
Subdivision 1--Rules
198 Making rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
199 Application of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
200 Availability of rules for public inspection . . . . . . . . . . . . . . . . . . . . . . . . . . 105
201 General responsibilities of authority operators . . . . . . . . . . . . . . . . . . . . . . 105
202 Responsibility of licence operator for acts of agents . . . . . . . . . . . . . . . . . 106
203 Responsibility of wagering agent for agent's acts . . . . . . . . . . . . . . . . . . . . 106
Subdivision 2--Other matters
204 Meaning of "totalisator supply agreement" . . . . . . . . . . . . . . . . . . . . . . . . . 106
205 Places of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
206 Acceptance of wagers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
207 Use of regulated wagering equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
208 Approval of regulated wagering equipment . . . . . . . . . . . . . . . . . . . . . . . . . 107
209 Extending credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
210 Advertising wagering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
211 Directions about advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
212 Inquiries about complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
213 Claims for payment of winning bets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
214 Claims for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
215 Banning excessive gamblers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
216 Reporting improper behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 3--Wagering offences
217 Cheating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
218 Forgery and deception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
219 Impersonating certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
220 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
221 Restricted officials and licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
222 Directions to restricted officials and licensees . . . . . . . . . . . . . . . . . . . . . . 116
223 Requirement to comply with direction about wagering . . . . . . . . . . . . . . . 116
224 Relationship of restricted officials with general operators . . . . . . . . . . . . . 116
10
Wagering
225 Relationship of restricted officials with prospective authority operators . 117
226 Relationship of general operators with restricted officials . . . . . . . . . . . . . 118
227 Participation by minors prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
228 Employment of minors prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PART 12--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
229 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
230 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
231 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
232 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . 121
233 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
234 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
235 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
236 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
237 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 2--Powers of inspectors
Subdivision 1--Power to enter places
238 Entry without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
239 Entry with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Subdivision 2--Consents and warrants for entry
240 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
241 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
242 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
243 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
244 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
245 Evidence about special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Subdivision 3--General powers
246 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
247 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
248 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Subdivision 4--Power to seize evidence
249 Seizing evidence at place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
11
Wagering
250 Seizing evidence at place that may only be entered with consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
251 Securing things after seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
252 Tampering with things subject to seizure . . . . . . . . . . . . . . . . . . . . . . . . . . 130
253 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
254 Receipts to be given on seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
255 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
256 Return of things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
257 Access to things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Subdivision 5--Power to give directions to stop using things
258 Direction to stop using thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
259 Requirements about stop directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
260 Failure to comply with stop direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Subdivision 6--Power to obtain information
261 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
262 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
263 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 135
264 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
265 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
266 Power to require attendance of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
267 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . 137
268 Power to require financial records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
269 Effect of compliance with financial records requirement . . . . . . . . . . . . . . 138
270 Failure to comply with financial records requirement . . . . . . . . . . . . . . . . 139
Division 3--Powers of Minister
271 Direction about management practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Division 4--General enforcement matters
272 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
273 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
274 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
275 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
276 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
12
Wagering
Division 5--General enforcement offences
277 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
278 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 143
279 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
PART 13--LEGAL PROCEEDINGS
Division 1--Evidence
280 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
281 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
282 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
283 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Division 2--Proceedings
284 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
285 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
286 Limitation on who may summarily hear indictable offence proceedings . 146
287 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . 147
288 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 147
289 Executive officers must ensure corporation complies with Act . . . . . . . . . 148
290 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
PART 14--APPEALS AND REVIEWS
Division 1--Appeals
291 Appeals by authority operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
292 Appeals by licence operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
293 Appeals by applicants for key person licences . . . . . . . . . . . . . . . . . . . . . . 149
294 Appeals by key person licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
295 Appeals by wagering agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
296 Appeals about forfeiture of things that have been seized . . . . . . . . . . . . . . 150
297 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
298 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
299 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
300 Power to gather evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
301 Powers of Gaming Commission on appeal . . . . . . . . . . . . . . . . . . . . . . . . . 153
302 Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
13
Wagering
Division 2--Reviews
303 Refusal of licence operator to enter into agency agreement . . . . . . . . . . . 153
304 Termination of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
305 Issues about staying operations of decisions . . . . . . . . . . . . . . . . . . . . . . . . 155
306 Procedures for reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
307 Delegation for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
PART 15--MISCELLANEOUS
308 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
309 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
310 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
311 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
PART 16--AMENDMENT OF BREAKWATER ISLAND CASINO
AGREEMENT ACT 1984
312 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
313 Amendment of s 2 (Ratification of formal agreement) . . . . . . . . . . . . . . . 158
314 Amendment of s 3 (Variation of formal agreement) . . . . . . . . . . . . . . . . . . 158
315 Amendment of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
316 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
SCHEDULE 2
PROPOSED FURTHER AGREEMENT
PART 17--TRANSITIONAL PROVISIONS
317 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
318 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
319 Control system for initial operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
320 Regulated wagering equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
321 Key employees of initial operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
322 Amounts payable before commencement day for investments . . . . . . . . . 164
323 Amounts payable on or after commencement day for investments . . . . . . 165
324 Agency agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
325 Wagering agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
326 Permit holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
327 Control system for permit holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
328 Continued operation of former rules and certain former regulations . . . . . 167
14
Wagering
329 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 169
DECISIONS NOT SUBJECT TO APPEAL
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 171
DICTIONARY
1998
A BILL
FOR
An Act about wagering and for other purposes
s1 16 s4
Wagering
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Wagering Act 1998. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
ART 2--INTERPRETATION 7
P
Division 1--Definitions 8
dictionary 9
Definitions--the
3. The dictionary in schedule 2 defines particular words used in this Act. 10
2--Basic concepts 11
Division
of "exclusivity period" 12
Meaning
4.(1) The "exclusivity period", for a race wagering licence, is the period 13
starting on the commencement of this section and ending-- 14
(a) 15 years after the commencement; or 15
(b) if, within the period of 15 years, a race wagering licence held by 16
the TAB or a TAB subsidiary is cancelled, surrendered or ceases 17
to have effect for another reason (other than suspension)--on the 18
day the licence is cancelled, surrendered or otherwise ceases to 19
s5 17 s7
Wagering
have effect. 1
(2) The "exclusivity period", for a sports wagering licence, is the period 2
starting on the commencement of this section and ending-- 3
(a) 15 years after the commencement; or 4
(b) if, within the period of 15 years, a sports wagering licence held by 5
the TAB or a TAB subsidiary is cancelled, surrendered or ceases 6
to have effect for another reason (other than suspension)--on the 7
day the licence is cancelled, surrendered or otherwise ceases to 8
have effect. 9
of "oncourse wagering permit" 10
Meaning
5.(1) An "oncourse wagering permit" is a permit authorising the 11
permit holder to conduct oncourse wagering by means of a totalisator by 12
accepting investments placed by persons at a race meeting conducted by the 13
permit holder at a racing venue. 14
(2) Subsection (1) applies only to investments that-- 15
(a) are placed by persons at the racing venue stated in the permit; and 16
(b) relate to races held at the race meeting conducted by the permit 17
holder. 18
of "race wagering licence" 19
Meaning
6. A "race wagering licence" is a licence authorising the race wagering 20
licensee to conduct wagering on an event or contingency that-- 21
(a) is, or relates to, a horse, trotting or greyhound race; and 22
(b) is scheduled to be held at a race meeting at a racing venue. 23
of "sports wagering licence" 24
Meaning
7. A "sports wagering licence" is a licence authorising the sports 25
wagering licensee to conduct wagering on-- 26
(a) a sporting event or contingency (whether in Australia or 27
elsewhere); or 28
s8 18 s 10
Wagering
(b) another event or contingency that is an approved event or 1
contingency for the licensee. 2
of "totalisator" 3
Meaning
8.(1) A "totalisator " is a system used-- 4
(a) to enable persons to invest money on events or contingencies 5
with a view to successfully predicting specified outcomes of the 6
events or contingencies; and 7
(b) to enable the totalisator pool to be divided and distributed among 8
the persons who successfully predict the outcomes. 9
(2) A "totalisator" also includes an instrument, machine or device under 10
which the system mentioned in subsection (1) is operated. 11
(3) In subsection (1)(b), a reference to the totalisator pool is a reference to 12
the amount left from the investments after-- 13
(a) making allowances for refunds of investments; and 14
(b) deducting any amount payable by way of commission for the 15
conduct of the totalisator. 16
3--Other interpretative matters 17
Division
to applicants for oncourse wagering permits and permit 18
References
holders 19
9.(1) This section applies if the applicant for an oncourse wagering 20
permit or a permit holder is an unincorporated body of persons. 21
(2) In this Act, a reference to the applicant or permit holder is a reference 22
to each person who is a member of the management committee of the 23
body. 24
to investments 25
References
10. In this Act, a reference to an amount invested (whether in a totalisator 26
or otherwise) is a reference to the amount invested, less any amount 27
s 11 19 s 11
Wagering
repayable to the investor by way of a refund (whether because of the 1
cancellation or calling off of a bet or for any other reason). 2
ART 3--LAWFULNESS OF WAGERING 3
P
activities 4
Lawful
11. The following activities are lawful-- 5
(a) the conduct, under this Act, of a totalisator by a wagering licensee 6
under a wagering licence; 7
(b) the conduct, under this Act and the relevant wagering 8
management agreement, of a totalisator by a wagering manager 9
under a wagering licence; 10
(c) the conduct, under this Act, of a totalisator by a permit holder 11
under an oncourse wagering permit; 12
(d) the conduct, under this Act, of wagering (on a fixed odds basis) 13
by a wagering licensee under a wagering licence; 14
(e) the conduct, under this Act and the relevant wagering 15
management agreement, of wagering (on a fixed odds basis) by a 16
wagering manager under a wagering licence; 17
(f) the carrying on of a wagering agent's operations under this Act 18
and the relevant agency agreement; 19
(g) the use of approved wagering equipment by a wagering licensee, 20
manager or agent or permit holder; 21
(h) betting, under this Act, by a person (whether by means of a 22
totalisator or on a fixed odds basis) for wagering conducted by a 23
wagering licensee under a wagering licence; 24
(i) betting, under this Act and the relevant wagering management 25
agreement, by a person (whether by means of a totalisator or on a 26
fixed odds basis) for wagering conducted by a wagering manager 27
under a wagering licence; 28
(j) betting, under this Act, by a person (by means of a totalisator) for 29
s 12 20 s 13
Wagering
wagering conducted by a permit holder under an oncourse 1
wagering permit; 2
(k) the doing of anything else required or authorised to be done under 3
this Act. 4
with other laws 5
Relationship
12.(1) Section 11 has effect despite any other law dealing with wagering, 6
including, in particular, the Racing and Betting Act 1980. 7
(2) Nothing in this Act applies to a person carrying on bookmaking 8
under the Racing and Betting Act 1980 under a bookmaker's licence. 9
PART 4--WAGERING AUTHORITIES 10
1--Suitability of persons 11
Division
of involved persons 12
Suitability
13.(1) This section applies to the Minister in deciding whether-- 13
(a) an applicant for a wagering licence (the "involved person") is a 14
suitable person to hold a wagering licence; or 15
(b) a wagering licensee (also the "involved person") is a suitable 16
person to hold a wagering licence; or 17
(c) an applicant for an oncourse wagering permit (also the "involved 18
person") is a suitable person to hold an oncourse wagering 19
permit; or 20
(d) a permit holder (also the "involved person") is a suitable person 21
to hold an oncourse wagering permit. 22
(2) The Minister may have regard to the following matters-- 23
(a) the involved person's character or business reputation; 24
(b) the involved person's current financial position and financial 25
s 14 21 s 14
Wagering
background; 1
(c) if the involved person is not an individual--whether the person 2
has, or has arranged, a satisfactory ownership, trust or corporate 3
structure; 4
(d) whether the involved person has, or is able to obtain, financial 5
resources the Minister considers to be adequate to ensure the 6
financial viability of operations conducted under a wagering 7
authority of the kind applied for, or held, by the involved person; 8
(e) whether the involved person has the appropriate business ability, 9
knowledge or experience to successfully conduct operations 10
under a wagering authority of the kind applied for, or held, by the 11
involved person; 12
(f) whether the involved person has, or is able to obtain, the services 13
of persons with appropriate business ability, knowledge or 14
experience to enable the involved person to successfully conduct 15
operations under a wagering authority of the kind applied for, or 16
held, by the involved person; 17
(g) if the involved person has a business association with another 18
entity-- 19
(i) the entity's character or business reputation; and 20
(ii) the entity's current financial position and financial 21
background; 22
(h) anything else prescribed under a regulation. 23
of associates 24
Suitability
14.(1) This section applies to the Minister in deciding whether-- 25
(a) a business or executive associate of an applicant for a wagering 26
licence is a suitable person to be associated with a wagering 27
licensee's operations; or 28
(b) a business or executive associate of a wagering licensee is a 29
suitable person to be associated with a wagering licensee's 30
operations; or 31
(c) a business or executive associate of an applicant for an oncourse 32
s 15 22 s 17
Wagering
wagering permit is a suitable person to be associated with a 1
permit holder's operations; or 2
(d) a business or executive associate of a permit holder is a suitable 3
person to be associated with a permit holder's operations. 4
(2) The Minister may have regard to the following matters-- 5
(a) the associate's character or business reputation; 6
(b) the associate's current financial position and financial 7
background; 8
(c) if the associate has a business association with another entity-- 9
(i) the entity's character or business reputation; and 10
(ii) the entity's current financial position and financial 11
background; 12
(d) anything else prescribed under a regulation. 13
matters about suitability 14
Other
15. Sections 13 and 14 do not limit the matters the Minister may have 15
regard to in deciding matters to which the sections relate. 16
Division 2--Applications for, and issue of, wagering authorities 17
for race wagering licence 18
Application
16.(1) An application for a race wagering licence may only be made by a 19
corporation. 20
(2) During the exclusivity period for a race wagering licence, an 21
application for a race wagering licence may be made only by the TAB or a 22
TAB subsidiary. 23
for sports wagering licence 24
Application
17.(1) An application for a sports wagering licence may only be made by 25
a corporation. 26
s 18 23 s 21
Wagering
(2) During the exclusivity period for a sports wagering licence, an 1
application for a sports wagering licence may be made only by the TAB or 2
a TAB subsidiary. 3
for oncourse wagering permit 4
Application
18. An application for an oncourse wagering permit may only be made 5
by a race club. 6
about applications 7
Requirements
19. An application for a wagering authority must-- 8
(a) be made to the Minister; and 9
(b) be in the approved form; and 10
(c) be accompanied by any application fee prescribed under a 11
regulation. 12
information or documents to support application 13
Further
20.(1) The Minister may, by written notice given to an applicant for a 14
wagering authority, require the applicant to give the Minister further 15
information or a document about the application within the reasonable time 16
stated in the notice. 17
(2) The requirement must relate to information or a document that is 18
necessary and reasonable to help the Minister decide the application. 19
of application 20
Consideration
21.(1) The Minister must consider an application for a wagering 21
authority and either grant or refuse to grant the application. 22
(2) However, the Minister is not required to decide an application if-- 23
(a) the Minister has given the applicant a notice under section 20 24
requiring the applicant to give the Minister further information or 25
a document about the application; and 26
s 22 24 s 22
Wagering
(b) the applicant has failed, without reasonable excuse, to comply 1
with the requirement within the time stated in the notice. 2
for granting application for wagering licence 3
Conditions
22.(1) During the exclusivity period for a race wagering licence, the 4
Minister may grant an application for a race wagering licence only if the 5
applicant is the TAB or a TAB subsidiary. 6
(2) During the exclusivity period for a sports wagering licence, the 7
Minister may grant an application for a sports wagering licence only if the 8
applicant is the TAB or a TAB subsidiary. 9
(3) If, in relation to an application for a race wagering licence, the 10
Minister considers that, to ensure the effective conduct of authorised 11
wagering under the licence, it would be necessary for the applicant to enter 12
into arrangements with a racing entity, the Minister may grant the 13
application only if the Minister is satisfied the applicant has entered into, or 14
is in a position to enter into, appropriate arrangements with a racing entity. 15
(4) After the end of the exclusivity period for a race wagering licence, the 16
Minister may grant an application for a race wagering licence only if the 17
Minister is satisfied, having regard to relevant market conditions at the time, 18
that appropriate commercial arrangements have been made between the 19
interested parties that the Minister considers are no less favourable to the 20
race companies than the arrangements last in force between the race 21
companies and the initial licensee. 22
(5) Also, the Minister may grant an application for a wagering licence 23
only if the Minister is satisfied-- 24
(a) the applicant is a suitable person to hold a wagering licence; and 25
(b) each business and executive associate of the applicant is a suitable 26
person to be associated with a wagering licensee's operations. 27
(6) However, the Minister may refuse to grant an application even if the 28
Minister is satisfied of the matters mentioned in subsection (5). 29
(7) In this section-- 30
"commercial arrangements" includes commercial arrangements about the 31
conduct of approved wagering. 32
s 23 25 s 24
Wagering
"initial licensee" means the race wagering licensee under a race wagering 1
licence issued on the day this section commences. 2
"interested parties" means the initial licensee, the applicant for the race 3
wagering licence and the race companies. 4
"race companies" means Queensland Race Co Ltd (ACN 081 743 777) 5
and Queensland Race Product Co Ltd (ACN 081 743 722). 6
for granting application for oncourse wagering permit 7
Conditions
23.(1) The Minister may grant an application for an oncourse wagering 8
permit only if-- 9
(a) the Minister is satisfied-- 10
(i) the applicant has negotiated in good faith with the licence 11
operator for entering into an agency agreement with the 12
operator; and 13
(ii) despite the negotiations, the applicant has not been able to 14
enter into an agency agreement on reasonable terms with the 15
licence operator relating to race meetings for which the 16
permit is sought; or 17
(b) the Minister is satisfied the licence operator has refused or failed 18
to enter into an agency agreement with the race club. 19
(2) Also, the Minister may grant an application for an oncourse wagering 20
permit only if the Minister is satisfied-- 21
(a) the applicant is a suitable person to hold an oncourse wagering 22
permit; and 23
(b) each business and executive associate of the applicant is a suitable 24
person to be associated with a permit holder's operations. 25
(3) However, the Minister may refuse to grant an application even if the 26
Minister is satisfied of the matters mentioned in subsection (2). 27
of suitability of persons 28
Investigation
24.(1) The chief executive may investigate an applicant for a wagering 29
authority to help the Minister decide whether the applicant is a suitable 30
s 25 26 s 26
Wagering
person to hold a wagering authority of the kind applied for. 1
(2) The chief executive may investigate a business or executive associate 2
of an applicant for a wagering authority to help the Minister decide-- 3
(a) for an application for a wagering licence--whether the associate is 4
a suitable person to be associated with a wagering licensee's 5
operations; or 6
(b) for an application for an oncourse wagering permit--whether the 7
associate is a suitable person to be associated with a permit 8
holder's operations. 9
history reports for investigations 10
Criminal
25.(1) If the chief executive in investigating a person under section 24 11
asks the commissioner of the police service for a written report on the 12
person's criminal history, the commissioner must give the report to the 13
chief executive. 14
(2) The report is to contain-- 15
(a) relevant information in the commissioner's possession; and 16
(b) relevant information the commissioner can reasonably obtain by 17
asking officials administering police services in other Australian 18
jurisdictions; and 19
(c) other relevant information to which the commissioner has access. 20
on application 21
Decision
26.(1) If the Minister decides to grant an application for a wagering 22
authority, the Minister must promptly issue the authority to the applicant. 23
(2) An oncourse wagering permit may be issued-- 24
(a) for a stated term (not longer than 5 years); or 25
(b) for a stated race meeting or race meetings. 26
(3) If the Minister decides to refuse to grant an application for a wagering 27
authority, the Minister must promptly give the applicant written notice of 28
the decision. 29
s 27 27 s 30
Wagering
of authority 1
Conditions
27. The Minister may issue a wagering authority-- 2
(a) on conditions the Minister considers necessary or desirable for 3
the proper conduct of authorised wagering under the wagering 4
authority; and 5
(b) on other conditions the Minister considers necessary or desirable 6
in the public interest. 7
of authority 8
Form
28.(1) A wagering authority must be in the approved form. 9
(2) The approved form must provide for the inclusion of the following 10
particulars-- 11
(a) the name of the authority holder; 12
(b) the date of issue of the authority; 13
(c) the term of the authority or, for an oncourse wagering permit, the 14
race meeting or race meetings for which the permit is issued; 15
(d) for an oncourse wagering permit--the racing venue for which the 16
permit is issued; 17
(e) the conditions of the authority; 18
(f) any other particulars prescribed under a regulation. 19
of licence 20
Term
29.(1) A wagering licence remains in force for the term stated in the 21
licence. 22
(2) Subsection(1) applies subject to this Act. 23
of permit 24
Term
30.(1) An oncourse wagering permit remains in force-- 25
(a) if issued for a stated term--for the stated term; or 26
(b) if issued for a stated race meeting or race meetings--for the term 27
s 31 28 s 32
Wagering
necessary and reasonable to enable the permit holder to undertake 1
and finish the permit holder's operations under the permit for the 2
stated meeting or meetings. 3
(2) Subsection (1) applies subject to this Act. 4
Division 3--Dealings affecting wagering authorities 5
conditions of authority 6
Changing
31.(1) The Minister may decide to change the conditions of a wagering 7
authority if the Minister considers it is necessary or desirable to make the 8
change-- 9
(a) for the proper conduct of authorised wagering under the wagering 10
authority; or 11
(b) otherwise in the public interest. 12
(2) If the Minister decides to change the conditions, the Minister must 13
promptly give the authority holder a written notice (a "condition notice") 14
stating the decision and the reasons for the decision. 15
(3) A change of the conditions-- 16
(a) takes effect-- 17
(i) on the day the condition notice for the change is given to the 18
authority holder; or 19
(ii) if a later day of effect is stated in the notice--on the later day; 20
and 21
(b) does not depend on the wagering authority being amended to 22
record the change, or a replacement authority recording the 23
change being issued. 24
(4) The power of the Minister to change the conditions of a wagering 25
authority includes the power to add conditions to an unconditional authority. 26
change of conditions 27
Recording
32.(1) The authority holder must return the wagering authority to the 28
Minister within 7 days of receiving the condition notice notifying a change 29
s 33 29 s 34
Wagering
of conditions, unless the holder has a reasonable excuse. 1
Maximum penalty--40 penalty units. 2
(2) On receiving the wagering authority, the Minister must-- 3
(a) amend the authority in an appropriate way and return the 4
amended authority to the authority holder; or 5
(b) if the Minister does not consider it practicable to amend the 6
authority--issue a replacement authority, incorporating the 7
changed conditions, to the authority holder. 8
generally not transferable 9
Authority
33.(1) A wagering authority cannot be transferred. 10
(2) However, if a wagering authority is mortgaged or otherwise 11
encumbered with the Minister's approval, subsection (1) does not prevent 12
the transfer of the authority, subject to section 34, by way of enforcement of 13
the security. 14
and transfer of authority 15
Mortgage
34.(1) An authority holder may mortgage or otherwise encumber the 16
wagering authority only with the written approval of the Minister. 17
(2) If a person has, under or because of a mortgage or other 18
encumbrance, a right to sell and transfer a wagering authority, the authority 19
may be sold and transferred only to a person approved by the Minister in 20
writing. 21
(3) Before the Minister approves a person for the transfer of a wagering 22
licence, the Minister must be satisfied-- 23
(a) the proposed transferee is a suitable person to hold a wagering 24
licence; and 25
(b) each business and executive associate of the proposed transferee 26
is a suitable person to be associated with a wagering licensee's 27
operations. 28
(4) Before the Minister approves a person for the transfer of an oncourse 29
wagering permit, the Minister must be satisfied-- 30
s 35 30 s 35
Wagering
(a) the proposed transferee is a suitable person to hold an oncourse 1
wagering permit; and 2
(b) each business and executive associate of the proposed transferee 3
is a suitable person to be associated with a permit holder's 4
operations. 5
(5) The Minister may require the proposed transferee of the wagering 6
authority to submit an application for the authority and may deal with the 7
application, and investigate the suitability of the proposed transferee and 8
proposed transferee's business and executive associates, in the same way as 9
if the application were an application for a new wagering authority of the 10
kind proposed to be transferred. 11
(6) If a person has, under or because of a mortgage or other 12
encumbrance, a power to appoint a receiver or manager of the operations 13
conducted under a wagering authority, the power may be exercised only if 14
the Minister first approves the proposed receiver or manager in writing. 15
of authority 16
Surrender
35.(1) An authority holder may surrender the wagering authority by 17
written notice given to the Minister. 18
(2) The surrender of a wagering licence takes effect-- 19
(a) if paragraph (b) does not apply-- 20
(i) 3 months after the notice is given; or 21
(ii) if a later day of effect is stated in the notice--on the later day; 22
or 23
(b) if the Minister, by written notice given to the wagering licensee, 24
approves a day of effect that is earlier than 3 months after the 25
notice is given--on the day of effect approved by the Minister. 26
(3) The surrender of an oncourse wagering permit takes effect-- 27
(a) on the day the notice is given to the Minister; or 28
(b) if a later day of effect is stated in the notice--on the later day. 29
s 36 31 s 38
Wagering
Division 4--Investigation of authority holders and associates 1
programs 2
Audit
36.(1) The Minister may approve audit programs for investigating the 3
following-- 4
(a) wagering licensees; 5
(b) business or executive associates of wagering licensees; 6
(c) permit holders; 7
(d) business or executive associates of permit holders. 8
(2) The chief executive is responsible for ensuring an investigation of a 9
person under an approved audit program is conducted in accordance with 10
the program. 11
of suitability of authority holders 12
Investigation
37.(1) The chief executive may investigate an authority holder to help the 13
Minister decide whether the holder is a suitable person to hold a wagering 14
authority of the kind held by the holder. 15
(2) However, the chief executive may investigate an authority holder only 16
if-- 17
(a) the Minister reasonably suspects the holder is not a suitable 18
person to hold a wagering authority of the kind held by the 19
holder; or 20
(b) the investigation is made under the relevant audit program 21
approved by the Minister. 22
(3) Also, an authority holder may be investigated under an audit program 23
only if there has not been an investigation of the holder under the program 24
within the preceding 2 years. 25
of suitability of associates of wagering licensees 26
Investigation
38.(1) The chief executive may investigate a business or executive 27
associate of a wagering licensee to help the Minister decide whether the 28
associate is a suitable person to be associated with a wagering licensee's 29
s 39 32 s 39
Wagering
operations. 1
(2) However, the chief executive may investigate a business or executive 2
associate of a wagering licensee only if-- 3
(a) the Minister reasonably suspects the associate is not a suitable 4
person to be associated with a wagering licensee's operations; or 5
(b) the investigation is made under an audit program for business and 6
executive associates of wagering licensees approved by the 7
Minister; or 8
(c) for a person who became a business or executive associate of the 9
wagering licensee after the issue of the wagering licence-- the 10
associate has not been investigated previously under an audit 11
program mentioned in paragraph (b). 12
(3) Also, a business or executive associate of a wagering licensee may be 13
investigated under an audit program only if there has not been an 14
investigation of the associate under the program within the preceding 15
2 years. 16
of suitability of associates of permit holders 17
Investigation
39.(1) The chief executive may investigate a business or executive 18
associate of a permit holder to help the Minister decide whether the 19
associate is a suitable person to be associated with a permit holder's 20
operations. 21
(2) However, the chief executive may investigate a business or executive 22
associate of a permit holder only if-- 23
(a) the Minister reasonably suspects the associate is not a suitable 24
person to be associated with a permit holder's operations; or 25
(b) the investigation is made under an audit program for business and 26
executive associates of permit holders approved by the Minister; 27
or 28
(c) for a person who became a business or executive associate of the 29
permit holder after the issue of the oncourse wagering permit-- 30
the associate has not been investigated previously under an audit 31
program mentioned in paragraph (b). 32
s 40 33 s 42
Wagering
(3) Also, a business or executive associate of a permit holder may be 1
investigated under an audit program only if there has not been an 2
investigation of the associate under the program within the preceding 3
2 years. 4
to give information or document for investigation 5
Requirement
40.(1) In investigating an authority holder, or business or executive 6
associate of an authority holder, the chief executive may, by written notice 7
given to the person, require the person to give the chief executive 8
information or a document the chief executive considers relevant to the 9
investigation. 10
(2) When making the requirement, the chief executive must warn the 11
person it is an offence to fail to comply with the requirement, unless the 12
person has a reasonable excuse. 13
to give information or document for investigation 14
Failure
41.(1) A person of whom a requirement is made under section 40 must 15
comply with the requirement, unless the person has a reasonable excuse. 16
Maximum penalty--200 penalty units or 2 years imprisonment. 17
(2) It is a reasonable excuse for the person not to comply with the 18
requirement if complying with the requirement might tend to incriminate 19
the person. 20
(3) 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
history report for investigation 24
Criminal
42.(1) If the chief executive in investigating a person under section 37, 38 25
or 39 asks the commissioner of the police service for a written report on the 26
person's criminal history, the commissioner must give the report to the 27
chief executive. 28
(2) The report is to contain-- 29
(a) relevant information in the commissioner's possession; and 30
s 43 34 s 43
Wagering
(b) relevant information the commissioner can reasonably obtain by 1
asking officials administering police services in other Australian 2
jurisdictions; and 3
(c) other relevant information to which the commissioner has access. 4
5--Suspension and cancellation of wagering authorities 5
Division
for suspension or cancellation 6
Grounds
43.(1) A ground for suspending or cancelling a wagering authority exists 7
if the authority holder-- 8
(a) is not a suitable person to hold a wagering authority of the kind 9
held by the holder; or 10
(b) is convicted of an offence against this Act or a gaming Act; or 11
(c) is convicted of an indictable offence; or 12
(d) contravenes a provision of this Act (being a provision a 13
contravention of which is not an offence against this Act); or 14
(e) contravenes a condition of the authority; or 15
(f) fails to discharge the holder's financial commitments for the 16
holder's operations; or 17
(g) is affected by bankruptcy action, or by control action under the 18
Corporations Law. 19
(2) Also, a ground for suspending or cancelling a wagering authority 20
exists if-- 21
(a) the authority was issued because of a materially false or 22
misleading representation or declaration; or 23
(b) for a wagering licence--a business or executive associate of the 24
wagering licensee is not a suitable person to be associated with a 25
wagering licensee's operations; or 26
(c) for an oncourse wagering permit--a business or executive 27
associate of the permit holder is not a suitable person to be 28
associated with a permit holder's operations. 29
s 44 35 s 44
Wagering
(3) For subsection (1)(g), an authority holder is affected by bankruptcy 1
action if the holder-- 2
(a) is bankrupt; or 3
(b) has compounded with creditors; or 4
(c) has otherwise taken, or applied to take, advantage of any law 5
about bankruptcy. 6
(4) For subsection (1)(g), an authority holder is affected by control action 7
under the Corporations Law if the holder-- 8
(a) has executed a deed of company arrangement under the Law; or 9
(b) is the subject of a winding-up (whether voluntarily or under a 10
court order) under the Law; or 11
(c) is the subject of an appointment of an administrator, liquidator, 12
receiver or receiver and manager under the Law. 13
cause notice 14
Show
44.(1) This section applies if the Minister believes-- 15
(a) a ground exists to suspend or cancel a wagering authority; and 16
(b) the act, omission or other thing forming the ground is of a serious 17
and fundamental nature; and 18
(c) either-- 19
(i) the integrity of the conduct of authorised wagering under the 20
wagering authority may be jeopardised in a material way; or 21
(ii) the public interest may be affected in an adverse and material 22
way. 23
(2) The Minister must give the authority holder a written notice (a "show 24
cause notice")-- 25
(a) stating the action (the "proposed action") the Minister proposes 26
taking under this division; and 27
(b) stating the grounds for the proposed action; and 28
(c) outlining the facts and circumstances forming the basis for the 29
grounds; and 30
s 45 36 s 46
Wagering
(d) if the proposed action is suspension of the wagering 1
authority--stating the proposed suspension period; and 2
(e) inviting the authority holder 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 at least 21 days after 6
the show cause notice is given to the authority holder. 7
(4) The authority holder may make representations about the show cause 8
notice to the Minister in the show cause period. 9
of interested persons in show cause process 10
Involvement
45.(1) The Minister must promptly give a copy of the show cause notice 11
to each person (an "interested person") the Minister considers has an 12
interest in the wagering authority if the Minister considers-- 13
(a) the person's interest may be affected adversely by the suspension 14
or cancellation of the authority; and 15
(b) it is otherwise appropriate in the circumstances to give a copy of 16
the notice to the person. 17
(2) In considering whether it is appropriate to give a copy of the show 18
cause notice to an interested person, the issues to which the Minister may 19
have regard include the following-- 20
(a) the nature of the interested person's interest; 21
(b) whether the authority holder's interest may be improperly 22
prejudiced. 23
(3) An interested person to whom a copy of the show cause notice is 24
given may make representations about the notice to the Minister in the show 25
cause period. 26
of representations 27
Consideration
46. The Minister must consider all written representations (the "accepted 28
representations") made in the show cause period by-- 29
(a) the authority holder; or 30
s 47 37 s 48
Wagering
(b) an interested person to whom a copy of the show cause notice 1
was given. 2
show cause process without further action 3
Ending
47.(1) This section applies if, after considering the accepted 4
representations for the show cause notice, the Minister no longer believes a 5
ground exists to suspend or cancel the wagering authority. 6
(2) The Minister must not take any further action about the show cause 7
notice. 8
(3) Notice that no further action about the show cause notice is to be 9
taken must be given by the Minister to-- 10
(a) the authority holder; and 11
(b) each interested person to whom a copy of the show cause notice 12
was given. 13
authority holder 14
Censuring
48.(1) This section applies if, after considering the accepted 15
representations for the show cause notice, the Minister still believes a 16
ground exists to suspend or cancel the wagering authority but-- 17
(a) does not believe suspension or cancellation of the authority is 18
warranted; and 19
(b) does not consider it is appropriate to take action under section 49. 20
(2) This section also applies if the Minister has not given a show cause 21
notice to the authority holder but-- 22
(a) believes a ground exists to suspend or cancel the wagering 23
authority; and 24
(b) does not believe the giving of a show cause notice is warranted. 25
(3) The Minister may, by written notice given to the authority holder, 26
censure the holder for a matter relating to the ground for suspension or 27
cancellation. 28
s 49 38 s 50
Wagering
to rectify 1
Direction
49.(1) This section applies if, after considering the accepted 2
representations for the show cause notice, the Minister still believes a 3
ground exists to suspend or cancel the wagering authority but considers-- 4
(a) a matter relating to the ground for suspension or cancellation is 5
reasonably capable of being rectified; and 6
(b) that it is appropriate to give the authority holder an opportunity to 7
rectify the matter. 8
(2) However, this section applies only if the Minister does not have the 9
belief mentioned in section 50(1). 10
(3) The Minister may, by written notice given to the authority holder, 11
direct the holder to rectify the matter within the period stated in the notice. 12
(4) The period stated in the notice must be reasonable, having regard to 13
the nature of the matter to be rectified. 14
by Minister to Governor in Council 15
Notice
50.(1) This section applies if, after considering the accepted 16
representations for the show cause notice, the Minister still believes-- 17
(a) a ground exists to suspend or cancel the wagering authority; and 18
(b) the act, omission or other thing constituting the ground is of a 19
serious and fundamental nature; and 20
(c) either-- 21
(i) the integrity of the conduct of authorised wagering under the 22
wagering authority may be jeopardised in a material way; or 23
(ii) the public interest may be affected in an adverse and material 24
way. 25
(2) This section also applies if-- 26
(a) there are no accepted representations for the show cause notice; or 27
(b) a direction to rectify a matter is given to the authority holder under 28
section 49 and the holder fails to comply with the direction within 29
the period stated in the relevant notice. 30
s 51 39 s 51
Wagering
(3) The Minister must give to the Governor in Council written notice of 1
the Minister's belief under subsection (1), or of the matter mentioned in 2
subsection (2), together with-- 3
(a) a copy of the show cause notice; and 4
(b) copies of any accepted representations for the show cause notice. 5
cancellation and appointment of administrator 6
Suspension,
51.(1) After receiving the notice from the Minister under section 50, the 7
Governor in Council may-- 8
(a) if the proposed action stated in the show cause notice was to 9
suspend the wagering authority for a stated period--suspend the 10
authority for not longer than the stated period; or 11
(b) if the proposed action stated in the show cause notice was to 12
cancel the wagering authority-- 13
(i) suspend the authority for a period; or 14
(ii) cancel the authority; or 15
(iii) appoint an administrator to conduct the operations of the 16
authority holder under the authority. 17
(2) The Minister must promptly give written notice of the decision of the 18
Governor in Council to-- 19
(a) the authority holder; and 20
(b) each interested person to whom a copy of the show cause notice 21
was given. 22
(3) The decision takes effect-- 23
(a) on the day the notice is given to the authority holder; or 24
(b) if a later day of effect is stated in the notice--on the later day. 25
(4) If the wagering authority is cancelled, the person who held the 26
authority must, within 14 days after receiving notice of the decision, return 27
the authority to the chief executive. 28
Maximum penalty for subsection (4)--200 penalty units or 1 year's 29
imprisonment. 30
s 52 40 s 53
Wagering
suspension of authority by Minister 1
Immediate
52.(1) The Minister may suspend a wagering authority immediately if 2
the Minister believes-- 3
(a) a ground exists to suspend or cancel the authority; and 4
(b) the circumstances are so extraordinary that it is imperative to 5
suspend the authority immediately to ensure-- 6
(i) the integrity of the conduct of authorised wagering under the 7
wagering authority is not jeopardised in a material way; or 8
(ii) the public interest is not affected in an adverse and material 9
way. 10
(2) The suspension-- 11
(a) must be effected by written notice (a "suspension notice") given 12
to the authority holder with a show cause notice; and 13
(b) operates immediately the suspension notice is given; and 14
(c) continues to operate until the show cause notice is finally dealt 15
with. 16
of appointment, and role, of administrator 17
Terms
53.(1) This section applies to an administrator appointed by the Governor 18
in Council to conduct operations under a wagering authority. 19
(2) For any matter not provided for under this Act, the administrator 20
holds office on terms decided by the Governor in Council. 21
(3) The administrator-- 22
(a) has full control of, and responsibility for, the operations of the 23
authority holder conducted under the wagering authority 24
(including operations relating to anything that had been started but 25
not finished at the time of the administrator's appointment); and 26
(b) subject to any directions by the Minister, must conduct the 27
operations as required by this Act as if the administrator were the 28
authority holder. 29
(4) The costs of and incidental to the conduct and administration of an 30
authority holder's operations by an administrator under this section (the 31
s 54 41 s 56
Wagering
"costs of administration") are payable by the authority holder. 1
(5) Any profits derived from the conduct of the authority holder's 2
operations by the administrator are, after payment of the costs of 3
administration, to be paid to the authority holder. 4
or reduction of period of suspension 5
Cancellation
54.(1) At any time a suspension of a wagering authority by the Governor 6
in Council is in force, the Governor in Council may, for the remaining 7
period of suspension-- 8
(a) cancel the period; or 9
(b) reduce the period by a stated period. 10
(2) The Minister must promptly give written notice of the decision of the 11
Governor in Council to-- 12
(a) the authority holder; and 13
(b) each interested person to whom a copy of the show cause notice 14
was given. 15
to interested persons of decisions 16
Notice
55.(1) This section applies if the Minister-- 17
(a) censures the authority holder under section 48; or 18
(b) directs the authority holder to rectify a matter under section 49; or 19
(c) suspends the wagering authority under section 52. 20
(2) The Minister must promptly give written notice of the decision to 21
each interested person to whom a copy of the show cause notice was given. 22
6--Approved events and contingencies 23
Division
for approval of events or contingencies 24
Application
56.(1) A sports wagering licensee may apply to the Minster for approval 25
to conduct wagering on-- 26
s 57 42 s 58
Wagering
(a) an event or contingency; or 1
(b) a class of events or contingencies. 2
(2) The application must-- 3
(a) be in writing; and 4
(b) describe the event or contingency or class of events or 5
contingencies for which approval is sought. 6
on application 7
Decision
57.(1) The Minister must consider an application under section 56 and 8
either give, or refuse to give, the approval sought by the application. 9
(2) An approval must not relate to-- 10
(a) an event or contingency for which a race wagering licence has 11
been, or may be, issued; or 12
(b) a sporting event or contingency. 13
(3) An approval may relate to an event or contingency in or outside 14
Australia. 15
(4) The Minister must not give an approval for an event or contingency 16
the Minister considers to be offensive or contrary to the public interest. 17
of approval 18
Conditions
58.(1) The Minister may give an approval for this division-- 19
(a) on conditions the Minister considers necessary or desirable for 20
the proper conduct of the wagering under the sports wagering 21
licence; or 22
(b) on other conditions the Minister considers necessary or desirable 23
in the public interest. 24
(2) A condition under subsection (1) is taken to be a condition of the 25
sports wagering licence. 26
s 59 43 s 61
Wagering
of decision 1
Notice
59.(1) If the Minister gives an approval for this division, the Minister 2
must give the sports wagering licensee a written notice stating-- 3
(a) the decision; and 4
(b) any conditions of the approval. 5
(2) The notice also may state the period for which the approval remains 6
in force. 7
(3) If the Minister refuses to give an approval, the Minister must give the 8
sports wagering licensee a written notice stating the decision and the reasons 9
for the decision. 10
of approval 11
Period
60. An approval remains in force-- 12
(a) if a period is stated in the notice mentioned in section 59--for the 13
period stated; or 14
(b) if no period is stated in the notice--until the approval is 15
withdrawn. 16
of approval 17
Withdrawal
61.(1) The Minister may, for any reason the Minister considers 18
appropriate, withdraw an approval given under section 57. 19
(2) However, an approval may be withdrawn only if the Minister-- 20
(a) has given the sports wagering licensee a reasonable opportunity to 21
be heard or to make representations on the proposed withdrawal; 22
and 23
(b) has considered any representations made by the licensee in the 24
process carried out by the Minister under paragraph (a). 25
(3) The withdrawal must be made by written notice, stating the reasons 26
for the decision, given to the sports wagering licensee. 27
(4) The decision takes effect-- 28
s 62 44 s 62
Wagering
(a) on the day the notice is given to the sports wagering licensee; or 1
(b) if a later day of effect is stated in the notice--on the later day. 2
PART 5--WAGERING MANAGERS 3
1--Suitability of persons 4
Division
of involved persons 5
Suitability
62.(1) This section applies to the Minister in deciding whether-- 6
(a) a proposed wagering manager (the "involved person") is a 7
suitable person to be a wagering manager; or 8
(b) a wagering manager (also the "involved person") is a suitable 9
person to be a wagering manager. 10
(2) The Minister may have regard to the following matters-- 11
(a) the involved person's business reputation; 12
(b) the involved person's current financial position and financial 13
background; 14
(c) whether the person has, or has arranged, a satisfactory ownership, 15
trust or corporate structure; 16
(d) whether the involved person has, or is able to obtain, financial 17
resources the Minister considers to be adequate to ensure the 18
financial viability of a wagering manager's operations; 19
(e) whether the involved person has the appropriate business ability, 20
knowledge or experience to successfully conduct operations as a 21
wagering manager; 22
(f) whether the involved person has, or is able to obtain, the services 23
of persons with appropriate business ability, knowledge or 24
experience to enable the involved person to successfully conduct 25
operations as a wagering manager; 26
(g) if the involved person has a business association with another 27
s 63 45 s 64
Wagering
entity-- 1
(i) the entity's character or business reputation; and 2
(ii) the entity's current financial position and financial 3
background; 4
(h) anything else prescribed under a regulation. 5
of associates 6
Suitability
63.(1) This section applies to the Minister in deciding whether-- 7
(a) a business or executive associate of a proposed wagering 8
manager is a suitable person to be associated with a wagering 9
manager's operations; or 10
(b) a business or executive associate of a wagering manager is a 11
suitable person to be associated with a wagering manager's 12
operations. 13
(2) The Minister may have regard to the following matters-- 14
(a) the associate's character or business reputation; 15
(b) the associate's current financial position and financial 16
background; 17
(c) if the associate has a business association with another entity-- 18
(i) the entity's character or business reputation; and 19
(ii) the entity's current financial position and financial 20
background; 21
(d) anything else prescribed under a regulation. 22
matters about suitability 23
Other
64. Sections 62 and 63 do not limit the matters the Minister may have 24
regard to in deciding matters to which the sections relate. 25
s 65 46 s 68
Wagering
Division 2--Appointment of wagering managers 1
2
Appointment
65.(1) A wagering licensee may appoint a person to manage the 3
operations relating to authorised wagering conducted under the wagering 4
licence. 5
(2) However, a wagering licensee may appoint a person as wagering 6
manager-- 7
(a) only with the approval of the Minister; and 8
(b) only if the person is a related body corporate of the licensee. 9
for approval 10
Application
66. An application for approval to appoint a person as wagering manager 11
must be made to the Minister in writing by the wagering licensee. 12
information or documents to support application 13
Further
67.(1) The Minister may, by written notice given to an applicant for an 14
approval, require the applicant to give the Minister further information or a 15
document about the application within the reasonable time stated in the 16
notice. 17
(2) The requirement must relate to information or a document that is 18
necessary and reasonable to help the Minister decide the application. 19
of application 20
Consideration
68.(1) The Minister must consider an application for an approval and 21
either give, or refuse to give, the approval. 22
(2) However, the Minister is not required to decide an application if-- 23
(a) the Minister has given the applicant a notice under section 67 24
requiring the applicant to give the Minister further information or 25
a document about the application; and 26
(b) the applicant has failed, without reasonable excuse, to comply 27
s 69 47 s 70
Wagering
with the requirement within the time stated in the notice. 1
(3) The Minister may approve the appointment of a person as a wagering 2
manager only if the Minister is satisfied-- 3
(a) the person is a suitable person to be a wagering manager; and 4
(b) each business and executive associate of the person is a suitable 5
person to be associated with a wagering manager's operations. 6
(4) The Minister must promptly give the applicant written notice of the 7
Minister's decision. 8
of suitability of persons 9
Investigation
69.(1) The chief executive may investigate a proposed wagering manager 10
to help the Minister decide whether the person is a suitable person to be a 11
wagering manager. 12
(2) The chief executive may investigate a business or executive associate 13
of a proposed wagering manager to help the Minister decide whether the 14
associate is a suitable person to be associated with a wagering manager's 15
operations. 16
history reports for investigations 17
Criminal
70.(1) If the chief executive in investigating a person under section 69 18
asks the commissioner of the police service for a written report on the 19
person's criminal history, the commissioner must give the report to the 20
chief executive. 21
(2) The report is to contain-- 22
(a) relevant information in the commissioner's possession; and 23
(b) relevant information the commissioner can reasonably obtain by 24
asking officials administering police services in other Australian 25
jurisdictions; and 26
(c) other relevant information to which the commissioner has access. 27
s 71 48 s 74
Wagering
Division 3--Wagering management agreements 1
of "wagering management agreement" 2
Meaning
71. A "wagering management agreement" is an agreement between a 3
wagering licensee and another person-- 4
(a) appointing the other person as a wagering manager for the 5
operations relating to authorised wagering conducted under the 6
wagering licence; and 7
(b) dealing with the wagering manager's authority; and 8
(c) stating the conditions under which the wagering manager acts as, 9
and remains, the wagering manager for the wagering licensee; 10
and 11
(d) stating other matters agreed between the wagering manager and 12
wagering licensee. 13
into wagering management agreement 14
Entering
72. A wagering licensee must not enter into a wagering management 15
agreement without the written approval of the Minister. 16
Maximum penalty--40 penalty units. 17
of wagering management agreement 18
Amendment
73. A wagering management agreement may be amended only with the 19
written approval of the Minister. 20
for wagering management agreements 21
Approvals
74.(1) A wagering licensee may apply to the Minister for approval to 22
enter into, or amend, a wagering management agreement. 23
(2) An application must-- 24
(a) be in writing; and 25
(b) be accompanied by a copy of the proposed agreement or 26
amendment. 27
s 75 49 s 76
Wagering
(3) The Minister must consider an application for approval and either 1
give, or refuse to give, the approval. 2
(4) However, the Minister may refuse to give an approval only if the 3
Minister reasonably believes it is necessary to refuse the approval-- 4
(a) in the public interest; or 5
(b) to protect proper standards of integrity in the conduct of approved 6
wagering. 7
(5) The Minister must promptly give the wagering licensee written notice 8
of the Minister's decision. 9
Division 4--Investigation of wagering managers and associates 10
programs 11
Audit
75.(1) The Minister may approve audit programs for investigating-- 12
(a) wagering managers; and 13
(b) business or executive associates of wagering managers. 14
(2) The chief executive is responsible for ensuring an investigation of a 15
person under a relevant approved audit program is conducted in accordance 16
with the program. 17
of suitability of wagering managers 18
Investigation
76.(1) The chief executive may investigate a wagering manager to help 19
the Minister decide whether the manager is a suitable person to be a 20
wagering manager. 21
(2) However, the chief executive may investigate a wagering manager 22
only if-- 23
(a) the Minister reasonably suspects the manager is not a suitable 24
person to be a wagering manager; or 25
(b) the investigation is made under an audit program for wagering 26
managers approved by the Minister. 27
(3) Also, a wagering manager may be investigated under an audit 28
s 77 50 s 78
Wagering
program only if there has not been an investigation of the manager under 1
the program within the preceding 2 years. 2
of suitability of associates of wagering managers 3
Investigation
77.(1) The chief executive may investigate a business or executive 4
associate of a wagering manager to help the Minister decide whether the 5
associate is a suitable person to be associated with a wagering manager's 6
operations. 7
(2) However, the chief executive may investigate a business or executive 8
associate of a wagering manager only if-- 9
(a) the Minister reasonably suspects the associate is not a suitable 10
person to be associated with a wagering manager's operations; or 11
(b) the investigation is made under an audit program for business and 12
executive associates of wagering managers approved by the 13
Minister; or 14
(c) for a person who became a business or executive associate of the 15
wagering manager after the manager's appointment--the 16
associate has not been investigated previously under an audit 17
program mentioned in paragraph (b). 18
(3) Also, a business or executive associate of a wagering manager may 19
be investigated under an audit program only if there has not been an 20
investigation of the associate under the program within the preceding 21
2 years. 22
to give information or document for investigation 23
Requirement
78.(1) In investigating a wagering manager, or business or executive 24
associate of a wagering manager, the chief executive may, by written notice 25
given to the person, require the person to give the chief executive 26
information or a document the chief executive considers relevant to the 27
investigation. 28
(2) When making the requirement, the chief executive must warn the 29
person it is an offence to fail to comply with the requirement, unless the 30
person has a reasonable excuse. 31
s 79 51 s 81
Wagering
to give information or document for investigation 1
Failure
79.(1) A person of whom a requirement is made under section 78 must 2
comply with the requirement, unless the person has a reasonable excuse. 3
Maximum penalty--200 penalty units or 2 years imprisonment. 4
(2) 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
(3) 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
history report for investigation 11
Criminal
80.(1) If the chief executive in investigating a person under section 76 or 12
77 asks the commissioner of the police service for a written report on the 13
person's criminal history, the commissioner must give the report to the 14
chief executive. 15
(2) The report is to contain-- 16
(a) relevant information in the commissioner's possession; and 17
(b) relevant information the commissioner can reasonably obtain by 18
asking officials administering police services in other Australian 19
jurisdictions; and 20
(c) other relevant information to which the commissioner has access. 21
5--Terminating wagering management agreements 22
Division
for directing termination 23
Grounds
81.(1) A ground for directing the termination of a wagering management 24
agreement exists if the wagering manager-- 25
(a) is not a suitable person to be a wagering manager; or 26
(b) is convicted of an offence against this Act or a gaming Act; or 27
(c) is convicted of an indictable offence; or 28
s 82 52 s 82
Wagering
(d) contravenes a provision of this Act (being a provision a 1
contravention of which is not an offence against this Act); or 2
(e) fails to discharge the manager's financial commitments for the 3
manager's operations; or 4
(f) is affected by control action under the Corporations Law; or 5
(g) stops being a related body corporate of the wagering licensee. 6
(2) Also, a ground for directing the termination of a wagering 7
management agreement exists if-- 8
(a) the approval of the Minister for the wagering manager's 9
appointment, or the entering into of the agreement, was given 10
because of a materially false or misleading representation or 11
declaration; or 12
(b) a business or executive associate of the wagering manager is not a 13
suitable person to be associated with a wagering manager's 14
operations. 15
(3) For subsection (1)(f), a wagering manager is affected by control 16
action under the Corporations Law if the manager-- 17
(a) has executed a deed of company arrangement under the Law; or 18
(b) is the subject of a winding-up (whether voluntarily or under a 19
court order) under the Law; or 20
(c) is the subject of an appointment of an administrator, liquidator, 21
receiver or receiver and manager under the Law. 22
cause notice 23
Show
82.(1) This section applies if the Minister believes-- 24
(a) a ground exists for directing the termination of a wagering 25
management agreement; and 26
(b) the act, omission or other thing constituting the ground is of a 27
serious and fundamental nature; and 28
(c) either-- 29
(i) the integrity of the conduct of authorised wagering under the 30
relevant wagering licence may be jeopardised in a material 31
s 83 53 s 84
Wagering
way; or 1
(ii) the public interest may be affected in an adverse and material 2
way. 3
(2) The Minister must give the wagering manager a written notice (a 4
"show cause notice")-- 5
(a) stating the Minister proposes to take action (the "proposed 6
action") to direct the wagering licensee to terminate the wagering 7
management agreement; and 8
(b) stating the grounds for the proposed action; and 9
(c) outlining the facts and circumstances forming the basis for the 10
grounds; and 11
(d) inviting the wagering manager to show within a stated period (the 12
"show cause period") why the proposed action should not be 13
taken. 14
(3) The show cause period must be a period ending at least 21 days after 15
the show cause notice is given to the wagering manager. 16
(4) The Minister must promptly give a copy of the show cause notice to 17
the wagering licensee. 18
about show cause notice 19
Representations
83.(1) The wagering manager, and wagering licensee to whom a copy of 20
the show cause notice is given, may make representations about the show 21
cause notice to the Minister in the show cause period. 22
(2) The Minister must consider all written representations (the "accepted 23
representations") made under subsection (1). 24
show cause process without further action 25
Ending
84.(1) This section applies if, after considering the accepted 26
representations for the show cause notice, the Minister no longer believes a 27
ground exists to direct the termination of the wagering management 28
agreement. 29
(2) The Minister must not take any further action about the show cause 30
s 85 54 s 86
Wagering
notice. 1
(3) Notice that no further action about the show cause notice is to be 2
taken must be given by the Minister to the wagering manager and licensee. 3
wagering manager 4
Censuring
85.(1) This section applies if, after considering the accepted 5
representations for the show cause notice, the Minister still believes a 6
ground exists to direct the termination of the wagering management 7
agreement but-- 8
(a) does not believe termination of the agreement is warranted; and 9
(b) does not consider it is appropriate to take action under section 86. 10
(2) This section also applies if the Minister has not given a show cause 11
notice to the wagering manager but-- 12
(a) believes a ground exists to direct the termination of the wagering 13
management agreement; and 14
(b) does not believe the giving of a show cause notice is warranted. 15
(3) The Minister may, by written notice given to the wagering manager, 16
censure the manager for a matter relating to the ground for directing the 17
termination of the agreement. 18
to rectify 19
Direction
86.(1) This section applies if, after considering the accepted 20
representations for the show cause notice, the Minister still believes a 21
ground exists to direct the termination of the wagering management 22
agreement but considers-- 23
(a) a matter relating to the ground is reasonably capable of being 24
rectified; and 25
(b) that it is appropriate to give the wagering manager an opportunity 26
to rectify the matter. 27
(2) However, this section applies only if the Minister does not have the 28
belief mentioned in section 87. 29
(3) The Minister may, by written notice given to the wagering manager, 30
s 87 55 s 88
Wagering
direct the manager to rectify the matter within the period stated in the notice. 1
(4) The period stated in the notice must be reasonable, having regard to 2
the nature of the matter to be rectified. 3
to terminate agreement 4
Direction
87.(1) This section applies if, after considering the accepted 5
representations for the show cause notice, the Minister still believes-- 6
(a) a ground exists to direct the termination of the wagering 7
management agreement; and 8
(b) the act, omission or other thing constituting the ground is of a 9
serious and fundamental nature; and 10
(c) either-- 11
(i) the integrity of the conduct of authorised wagering under the 12
relevant wagering licence may be jeopardised in a material 13
way; or 14
(ii) the public interest may be affected in an adverse and material 15
way. 16
(2) This section also applies if-- 17
(a) there are no accepted representations for the show cause notice; or 18
(b) a direction to rectify a matter is given to the wagering manager 19
under section 86 and the manager fails to comply with the 20
direction within the period stated in the relevant notice. 21
(3) The Minister may, by written notice given to the wagering licensee, 22
direct the licensee to terminate the wagering management agreement within 23
the time stated in the notice. 24
(4) If the Minister gives a direction under this section, the Minister must 25
promptly give a copy of the relevant notice to the wagering manager. 26
of agreement on direction 27
Termination
88.(1) If the Minister directs a wagering licensee to terminate a wagering 28
management agreement, the licensee must-- 29
s 89 56 s 90
Wagering
(a) terminate the agreement within the time stated in the relevant 1
notice; and 2
(b) notify the chief executive of the termination in the approved form 3
within 7 days after terminating the agreement. 4
(2) If the wagering licensee does not terminate the wagering management 5
agreement as required by subsection (1), the agreement is terminated by this 6
Act. 7
(3) The State does not incur any liability if a wagering management 8
agreement is terminated by a wagering licensee under subsection (1) or by 9
this Act. 10
(4) A wagering licensee does not incur any liability because the licensee 11
terminates a wagering management agreement under subsection (1). 12
of agreement without direction 13
Termination
89.(1) This section applies if a wagering management agreement is 14
terminated otherwise than because of a direction to terminate the agreement 15
given to the wagering licensee by the Minister. 16
(2) The wagering licensee must notify the chief executive in writing of 17
the termination within 7 days after the agreement is terminated. 18
Maximum penalty for subsection (2)--40 penalty units. 19
wagering manager's operations 20
Suspending
90.(1) The Minister may suspend the wagering manager's operations 21
immediately if the Minister believes-- 22
(a) a ground exists to direct the termination of the wagering 23
management agreement; and 24
(b) the circumstances are so extraordinary that it is imperative to 25
suspend the operations to ensure-- 26
(i) the integrity of the conduct of authorised wagering under the 27
relevant wagering licence is not jeopardised in a material 28
way; or 29
(ii) the public interest is not affected in an adverse and material 30
s 91 57 s 92
Wagering
way. 1
(2) The suspension-- 2
(a) must be effected by written notice (a "suspension notice") given 3
to the wagering manager with a show cause notice; and 4
(b) operates immediately the suspension notice is given; and 5
(c) continues to operate until the show cause notice is finally dealt 6
with. 7
(3) A wagering manager must not carry on operations while the 8
manager's operations are suspended. 9
Maximum penalty for subsection (3)--200 penalty units or 2 years 10
imprisonment. 11
to wagering licensee of decisions 12
Notice
91.(1) This section applies if the Minister-- 13
(a) censures the wagering manager under section 85; or 14
(b) directs the wagering manager to rectify a matter under section 86; 15
or 16
(c) suspends the wagering manager's operations under section 90. 17
(2) The Minister must promptly give written notice of the decision to the 18
wagering licensee. 19
PART 6--STATUS OF CERTAIN DECISIONS 20
for part 21
Definition
92. In this part-- 22
"decision" includes-- 23
(a) conduct engaged in to make a decision; and 24
s 93 58 s 94
Wagering
(b) conduct related to making a decision; and 1
(c) failure to make a decision. 2
of part 3
Application
93.(1) This part applies to a decision of the Governor in Council or 4
Minister made, or appearing to be made, under this Act about or affecting-- 5
(a) a wagering authority, wagering manager or wagering 6
management agreement; or 7
(b) a person with an interest or potential interest in-- 8
(i) a wagering authority; or 9
(ii) the appointment of a wagering manager; or 10
(iii) a wagering management agreement. 11
(2) The decisions to which this part applies include, but are not limited 12
to-- 13
(a) a decision of the Governor in Council mentioned in schedule 1, 14
part 1; and 15
(b) a decision of the Minister mentioned in schedule 1, part 2. 16
decisions not to be justiciable 17
Certain
94. A decision to which this part applies-- 18
(a) is final and conclusive; and 19
(b) cannot be challenged, appealed against, reviewed, quashed, set 20
aside, or called in question in another way, under the Judicial 21
Review Act 1991 or otherwise (whether by the Supreme Court, 22
another court, a tribunal or another entity); and 23
(c) is not subject to any writ or order of the Supreme Court, another 24
court, a tribunal or another entity on any ground. 25
s 95 59 s 96
Wagering
PART 7--KEY EMPLOYEES AND OPERATORS FOR 1
AUTHORITY OPERATORS 2
1--Licensing requirements for key employees 3
Division
of "key employee" 4
Meaning
95.(1) A wagering employee is a "key employee" of an authority 5
operator if the employee-- 6
(a) occupies or acts in a managerial position, or carries out 7
managerial functions, in relation to the operations conducted 8
under the relevant wagering authority; or 9
(b) is in a position to affect or significantly influence the operations 10
conducted under the relevant wagering authority; or 11
(c) occupies or acts in a position designated in the authority 12
operator's approved control system as a key position. 13
(2) Subsection (1)(a) applies to a position only if the position is 14
designated by the chief executive as a key position. 15
(3) Subsection (1)(a) applies to functions only if the functions are 16
designated by the chief executive as key functions. 17
(4) Subsection (1)(b) applies to an employee only if the employee is 18
designated by the chief executive as being in a key position. 19
(5) A designation of the chief executive for subsection (2), (3) or (4) 20
must be made by written notice given to the authority operator. 21
to be licensed employee 22
Requirement
96. A person must not occupy or act in the position of a key employee, 23
or carry out the functions of a key employee, in relation to the conduct of 24
operations under a wagering authority unless the person is a licensed 25
employee. 26
Maximum penalty--40 penalty units. 27
s 97 60 s 99
Wagering
of employment as key employees of persons who are not 1
Prohibition
licensed employees 2
97. An authority operator must not employ a person as a key employee, 3
or to carry out the functions of a key employee, unless the person is a 4
licensed employee. 5
Maximum penalty--40 penalty units. 6
Division 2--Requirements about key operators 7
of "key operator" 8
Meaning
98. A "key operator" is a person (other than a wagering employee) 9
who-- 10
(a) is in a position to control or exercise significant influence over the 11
conduct of an authority operator's operations; or 12
(b) is associated with an authority operator in a way that enables the 13
person to control or exercise significant influence over the 14
conduct of the authority operator's operations; or 15
(c) occupies a position or has an association with an authority 16
operator of a kind that makes the person a key operator under 17
criteria prescribed under a regulation. 18
that key operator apply for licence or end role 19
Requirement
99.(1) If the chief executive reasonably believes a person is a key 20
operator, the chief executive may, by written notice given to the person, 21
require the person either to apply to be licensed as a key operator under a 22
key person licence, or to stop being a key operator, within 7 days of 23
receiving the notice. 24
(2) The person must comply with the requirement (the "key operator's 25
requirement") within 7 days of receiving the notice, unless the person has 26
a reasonable excuse. 27
Maximum penalty--100 penalty units or 1 year's imprisonment. 28
s 100 61 s 101
Wagering
(3) The chief executive must give a copy of the notice to the relevant 1
authority operator. 2
that key operator end role 3
Requirement
100.(1) This section applies if-- 4
(a) a key operator's requirement is made of a person; and 5
(b) the person complies with the requirement by applying to be 6
licensed as a key operator but the chief executive refuses to grant 7
the application. 8
(2) The chief executive may, by written notice given to the person, 9
require the person to stop being a key operator of the authority operator 10
within the time stated in the notice. 11
(3) The person must comply with the requirement within the time stated 12
in the notice, unless the person has a reasonable excuse. 13
Maximum penalty--100 penalty units or 1 year's imprisonment. 14
(4) A person does not incur any liability because of action taken to 15
comply with a requirement under this section. 16
to end key operator's role 17
Requirement
101.(1) This section applies if a key operator's requirement is made of a 18
person and either-- 19
(a) the person fails to comply with the requirement; or 20
(b) the person complies with the requirement by applying to be 21
licensed as a key operator but the chief executive refuses to grant 22
the application. 23
(2) The chief executive may, by written notice given to the authority 24
operator for whom the person is a key operator, require the authority 25
operator to take any necessary action to ensure the person stops being a key 26
operator within the time stated in the notice. 27
(3) The authority operator must comply with the requirement. 28
(4) This section applies to an authority operator despite any other Act or 29
law. 30
s 102 62 s 104
Wagering
(5) An authority operator does not incur any liability because of action 1
taken to comply with a requirement under this section. 2
Division 3--Applications for, and issue of, key person licences 3
for licence 4
Application
102.(1) An application for a key person licence must be made to the chief 5
executive in the approved form. 6
(2) The application must be accompanied by-- 7
(a) if the applicant applies to be licensed as an employee--a written 8
notice from an authority operator to the chief executive stating that 9
the operator intends to employ the applicant as a key employee 10
subject to the applicant being issued with a key person licence; 11
and 12
(b) any documents prescribed under a regulation; and 13
(c) the application fee prescribed under a regulation. 14
information or documents to support application 15
Further
103.(1) The chief executive may, by written notice given to an applicant 16
for a key person licence, require the applicant to give the chief executive 17
further information or a document about the application within the 18
reasonable time stated in the notice. 19
(2) The requirement must relate to information or a document that is 20
necessary and reasonable to help the chief executive decide the application. 21
of application 22
Consideration
104.(1) The chief executive must consider an application for a key person 23
licence and either grant or refuse to grant the application. 24
(2) Despite subsection (1), the chief executive is required to consider an 25
application only if the applicant agrees to having the applicant's photograph 26
and fingerprints taken. 27
(3) Also, despite subsection (1), the chief executive is not required to 28
s 105 63 s 107
Wagering
decide an application if-- 1
(a) the chief executive has given the applicant a notice under section 2
103 requiring the applicant to give the chief executive further 3
information or a document about the application; and 4
(b) the applicant has failed, without reasonable excuse, to comply 5
with the requirement within the time stated in the notice. 6
for granting application 7
Conditions
105. The chief executive may grant an application for a key person 8
licence only if-- 9
(a) the applicant's photograph and fingerprints have been taken; and 10
(b) the chief executive is satisfied the applicant is a suitable person to 11
hold a key person licence.1 12
of suitability of applicant 13
Investigation
106. The chief executive may investigate an applicant for a key person 14
licence to help the chief executive decide whether the applicant is a suitable 15
person to hold a key person licence. 16
history report for investigation 17
Criminal
107.(1) If the chief executive in investigating an applicant for a key 18
person licence asks the commissioner of the police service for a written 19
report on the applicant's criminal history, the commissioner must give the 20
report to the chief executive. 21
(2) The report is to contain-- 22
(a) relevant information in the commissioner's possession; and 23
(b) relevant information the commissioner can reasonably obtain by 24
inquiry from officials administering police services in other 25
1 Criteria for deciding a person's suitability to hold a key person licence are dealt
with in section 113.
s 108 64 s 110
Wagering
Australian jurisdictions; and 1
(c) other relevant information to which the commissioner has access. 2
on application 3
Decision
108.(1) If the chief executive decides to grant an application for a key 4
person licence, the chief executive must promptly-- 5
(a) issue a key person licence to the applicant; and 6
(b) give written notice of the issue of the licence to the relevant 7
authority operator. 8
(2) If the chief executive decides to refuse to grant an application for a 9
key person licence, the chief executive must promptly-- 10
(a) give the applicant an information notice about the decision; and 11
(b) give a copy of the notice to the relevant authority operator. 12
of licence 13
Conditions
109.(1) The chief executive may issue a key person licence-- 14
(a) on conditions the chief executive considers necessary or desirable 15
for the proper conduct of approved wagering; and 16
(b) on other conditions the chief executive considers necessary or 17
desirable in the public interest. 18
(2) If the chief executive decides to issue a key person licence on 19
conditions, the chief executive must promptly-- 20
(a) give the applicant an information notice about the decision; and 21
(b) give a copy of the notice to the relevant authority operator. 22
of licence 23
Form
110.(1) A key person licence must be in the approved form. 24
(2) The approved form must provide for the inclusion of the following-- 25
(a) the name of the key person licensee; 26
s 111 65 s 113
Wagering
(b) a recent photograph of the licensee; 1
(c) the date of issue of the licence; 2
(d) whether the licensee is a licensed employee or licensed as a key 3
operator; 4
(e) the conditions of the licence; 5
(f) any other particulars prescribed under a regulation. 6
of licence 7
Term
111. A key person licence remains in force unless it lapses or is cancelled 8
or surrendered. 9
of licence 10
Lapsing
112.(1) A key person licence lapses if the key person licensee is a 11
licensed employee and-- 12
(a) at the end of 1 year after the licence was issued, the licensee has 13
not been employed (whether as a key employee or in another 14
capacity) by an authority operator; or 15
(b) the licensee ceases to be employed by an authority operator and is 16
not re-employed by the same or another authority operator within 17
the following 3 months. 18
(2) A key person licence lapses if the key person licensee is licensed as a 19
key operator and ceases to be a key operator. 20
4--Suitability of persons 21
Division
of applicants and key person licensees 22
Suitability
113.(1) This section applies to the chief executive in deciding whether an 23
applicant for a key person licence (the "involved person") or a key person 24
licensee (also the "involved person") is a suitable person to hold a key 25
person licence. 26
(2) The chief executive may have regard to the following matters-- 27
s 114 66 s 114
Wagering
(a) the involved person's character; 1
(b) the involved person's current financial position and financial 2
background; 3
(c) the involved person's general suitability to carry out functions as 4
a key employee or to be a key operator for an authority operator. 5
Division 5--Dealings affecting key person licences 6
conditions of licence 7
Changing
114.(1) The chief executive may decide to change the conditions of a key 8
person licence if the chief executive considers it is necessary or desirable to 9
make the change for the proper conduct of approved wagering or otherwise 10
in the public interest. 11
(2) If the chief executive decides to change the conditions, the chief 12
executive must promptly-- 13
(a) give the key person licensee an information notice about the 14
decision; and 15
(b) if the chief executive believes the key person licensee is currently 16
an employee or key operator of an authority operator--give a 17
copy of the information notice to the authority operator. 18
(3) A change of the conditions-- 19
(a) takes effect-- 20
(i) on the day the information notice for the change is given to 21
the key person licensee; or 22
(ii) if a later day of effect is stated in the notice--on the later day; 23
and 24
(b) does not depend on the key person licence being amended to 25
record the change, or a replacement licence recording the change 26
being issued. 27
(4) The power of the chief executive to change the conditions of a key 28
person licence includes the power to add conditions to an unconditional 29
licence. 30
s 115 67 s 116
Wagering
change of conditions 1
Recording
115.(1) The key person licensee must return the key person licence to the 2
chief executive within 7 days of receiving the information notice notifying a 3
change of conditions, unless the licensee has a reasonable excuse. 4
Maximum penalty--40 penalty units. 5
(2) On receiving the key person licence, the chief executive must-- 6
(a) amend the licence in an appropriate way and return the amended 7
licence to the key person licensee; or 8
(b) if the chief executive does not consider it practicable to amend the 9
licence--issue a replacement key person licence, incorporating the 10
changed conditions, to the key person licensee. 11
of licence 12
Replacement
116.(1) A key person licensee may apply to the chief executive for the 13
replacement of the key person licence if the licence has been lost, stolen, 14
destroyed or damaged. 15
(2) The chief executive must consider an application and either grant or 16
refuse to grant the application. 17
(3) The chief executive must grant an application if the chief executive is 18
satisfied the licence has been lost, stolen or destroyed, or damaged in a way 19
to require its replacement. 20
(4) If the chief executive decides to grant an application, the chief 21
executive must, on payment of the fee prescribed under a regulation, issue 22
another key person licence to the applicant to replace the lost, stolen, 23
destroyed or damaged licence. 24
(5) If the chief executive decides to refuse to grant an application, the 25
chief executive must promptly-- 26
(a) give the key person licensee an information notice about the 27
decision; and 28
(b) if the chief executive believes the key person licensee is currently 29
an employee or key operator of an authority operator--give a 30
copy of the information notice to the authority operator. 31
s 117 68 s 119
Wagering
of licence 1
Surrender
117.(1) A key person licensee may surrender the key person licence by 2
written notice given to the chief executive. 3
(2) The surrender takes effect-- 4
(a) on the day the notice is given to the chief executive; or 5
(b) if a later day of effect is stated in the notice--on the later day. 6
(3) If the chief executive believes the key person licensee was, at the time 7
of the surrender, an employee or key operator of an authority operator, the 8
chief executive must promptly give written notice of the surrender to the 9
authority operator. 10
Division 6--Investigation of key person licensees 11
program 12
Audit
118.(1) The chief executive may approve an audit program for 13
investigating key person licensees. 14
(2) The chief executive is responsible for ensuring an investigation of a 15
key person licensee under an approved audit program is conducted in 16
accordance with the program. 17
of suitability of key person licensees 18
Investigation
119.(1) The chief executive may investigate a key person licensee to help 19
the chief executive decide whether the licensee is a suitable person to hold a 20
key person licence.2 21
(2) However, the chief executive may investigate a key person licensee 22
only if-- 23
(a) the chief executive reasonably suspects the licensee is not a 24
suitable person to hold a key person licence; or 25
(b) the investigation is made under an audit program for key person 26
2 Criteria for deciding a person's suitability to hold a key person licence are dealt
with in section 113.
s 120 69 s 122
Wagering
licensees approved by the chief executive. 1
(3) Also, a key person licensee may be investigated under an audit 2
program only if there has not been an investigation of the licensee under the 3
program within the preceding 2 years. 4
to give information or document for investigation 5
Requirement
120.(1) In investigating a key person licensee, the chief executive may, 6
by written notice given to the licensee, require the licensee to give the chief 7
executive information or a document the chief executive considers relevant 8
to the investigation. 9
(2) When making the requirement, the chief executive must warn the key 10
person licensee it is an offence to fail to comply with the requirement, 11
unless the licensee has a reasonable excuse. 12
to give information or document for investigation 13
Failure
121.(1) A key person licensee of whom a requirement is made under 14
section 120 must comply with the requirement, unless the licensee has a 15
reasonable excuse. 16
Maximum penalty--200 penalty units or 2 years imprisonment. 17
(2) It is a reasonable excuse for the key person licensee not to comply 18
with the requirement if complying with the requirement might tend to 19
incriminate the licensee. 20
(3) The key person licensee does not commit an offence against this 21
section if the information or document sought by the chief executive is not 22
in fact relevant to the investigation. 23
history report for investigation 24
Criminal
122.(1) If the chief executive in investigating a key person licensee under 25
section 119 asks the commissioner of the police service for a written report 26
on the licensee's criminal history, the commissioner must give the report to 27
the chief executive. 28
(2) The report is to contain-- 29
s 123 70 s 124
Wagering
(a) relevant information in the commissioner's possession; and 1
(b) relevant information the commissioner can reasonably obtain by 2
asking officials administering police services in other Australian 3
jurisdictions; and 4
(c) other relevant information to which the commissioner has access. 5
7--Suspension and cancellation of key person licences 6
Division
for suspension or cancellation 7
Grounds
123.(1) A ground for suspending or cancelling a key person licence 8
exists if the key person licensee-- 9
(a) is not a suitable person to hold a key person licence;3 or 10
(b) is convicted of an offence against this Act or a gaming Act; or 11
(c) is convicted of an indictable offence; or 12
(d) contravenes a provision of this Act (being a provision a 13
contravention of which is not an offence against this Act); or 14
(e) contravenes a condition of the licence. 15
(2) Also, a ground for suspending or cancelling a key person licence 16
exists if the licence was issued because of a materially false or misleading 17
representation or declaration. 18
cause notice 19
Show
124.(1) If the chief executive believes a ground exists to suspend or 20
cancel a key person licence, the chief executive must give the key person 21
licensee a written notice (a "show cause notice"). 22
(2) The show cause notice must-- 23
(a) state the action (the "proposed action") the chief executive 24
proposes taking under this division; and 25
3 Criteria for deciding a person's suitability to hold a key person licence are dealt
with in section 113.
s 125 71 s 126
Wagering
(b) state the grounds for the proposed action; and 1
(c) outline the facts and circumstances forming the basis for the 2
grounds; and 3
(d) if the proposed action is suspension of the licence--state the 4
proposed suspension period; and 5
(e) invite the key person licensee to show within a stated period (the 6
"show cause period") why the proposed action should not be 7
taken. 8
(3) The show cause period must be a period ending at least 21 days after 9
the show cause notice is given to the key person licensee. 10
(4) If the chief executive believes the key person licensee is currently an 11
employee or key operator of an authority operator, the chief executive must 12
promptly give a copy of the show cause notice to the authority operator. 13
about show cause notice 14
Representations
125.(1) The key person licensee, and an authority operator to whom a 15
copy of the show cause notice is given, may make representations about the 16
show cause notice to the chief executive in the show cause period. 17
(2) The chief executive must consider all written representations (the 18
"accepted representations") made under subsection (1). 19
show cause process without further action 20
Ending
126.(1) This section applies if, after considering the accepted 21
representations for the show cause notice, the chief executive no longer 22
believes a ground exists to suspend or cancel the key person licence. 23
(2) The chief executive must not take any further action about the show 24
cause notice. 25
(3) Notice that no further action about the show cause notice is to be 26
taken must be given by the chief executive to-- 27
(a) the key person licensee; and 28
(b) an authority operator to whom a copy of the show cause notice 29
was given. 30
s 127 72 s 128
Wagering
key person licensee 1
Censuring
127.(1) This section applies if, after considering the accepted 2
representations for the show cause notice, the chief executive still believes a 3
ground exists to suspend or cancel the key person licence but-- 4
(a) does not believe suspension or cancellation of the licence is 5
warranted; and 6
(b) does not consider it is appropriate to take action under 7
section 128. 8
(2) The chief executive may, by written notice given to the key person 9
licensee, censure the licensee for a matter relating to the ground for 10
suspension or cancellation. 11
(3) The notice must state the reason for the decision to censure the key 12
person licensee. 13
(4) If the chief executive believes the key person licensee is currently an 14
employee or key operator of an authority operator, the chief executive must 15
promptly give a copy of the notice to the authority operator. 16
to rectify 17
Direction
128.(1) This section applies if, after considering the accepted 18
representations for the show cause notice, the chief executive still believes a 19
ground exists to suspend or cancel the key person licence but considers-- 20
(a) a matter relating to the ground for suspension or cancellation is 21
reasonably capable of being rectified; and 22
(b) that it is appropriate to give the key person licensee an opportunity 23
to rectify the matter. 24
(2) However, this section applies only if the chief executive does not 25
believe suspension or cancellation of the key person licence is warranted. 26
(3) The chief executive may, by written notice given to the key person 27
licensee, direct the licensee to rectify the matter within the period stated in 28
the notice. 29
(4) The notice must state the reason for the decision to give the direction. 30
(5) The period stated in the notice must be reasonable, having regard to 31
the nature of the matter to be rectified. 32
s 129 73 s 129
Wagering
(6) If the chief executive believes the key person licensee is currently an 1
employee or key operator of an authority operator, the chief executive must 2
promptly give a copy of the notice to the authority operator. 3
and cancellation of licence after show cause process 4
Suspension
129.(1) This section applies if, after considering the accepted 5
representations for the show cause notice, the chief executive-- 6
(a) still believes a ground exists to suspend or cancel the key person 7
licence; and 8
(b) believes suspension or cancellation of the licence is warranted. 9
(2) This section also applies if-- 10
(a) there are no accepted representations for the show cause notice; or 11
(b) a direction to rectify a matter is given to the key person licensee 12
under section 128 and the licensee fails to comply with the 13
direction within the period stated in the relevant notice. 14
(3) The chief executive may-- 15
(a) if the proposed action stated in the show cause notice was to 16
suspend the key person licence for a stated period--suspend the 17
licence for not longer than the stated period; or 18
(b) if the proposed action stated in the show cause notice was to 19
cancel the key person licence--either cancel the licence or 20
suspend it for a period. 21
(4) The chief executive must promptly-- 22
(a) give an information notice about the decision to the key person 23
licensee; and 24
(b) if the chief executive believes the key person licensee is currently 25
an employee or key operator of an authority operator--give a 26
copy of the information notice to the authority operator. 27
(5) The decision takes effect-- 28
(a) on the day the information notice is given to the key person 29
licensee; or 30
(b) if a later day of effect is stated in the information notice--on the 31
s 130 74 s 131
Wagering
later day. 1
(6) If the key person licence is cancelled, the person who held the licence 2
must, within 14 days after receiving the information notice for the decision, 3
return the licence to the chief executive. 4
Maximum penalty for subsection (6)--200 penalty units or 1 year's 5
imprisonment. 6
of licence before show cause process 7
Suspension
130.(1) The chief executive may suspend a key person licence 8
immediately if the chief executive believes-- 9
(a) a ground exists to suspend or cancel the licence; and 10
(b) it is necessary to suspend the licence immediately-- 11
(i) in the public interest; or 12
(ii) to ensure the integrity of the conduct of approved wagering 13
is not jeopardised. 14
(2) The suspension-- 15
(a) must be effected by written notice (a "suspension notice") given 16
to the key person licensee with a show cause notice; and 17
(b) operates immediately the suspension notice is given; and 18
(c) continues to operate until the show cause notice is finally dealt 19
with. 20
(3) The suspension notice must state the reason for the decision to 21
suspend the key person licence immediately. 22
(4) If the chief executive believes the key person licensee is currently an 23
employee or key operator of an authority operator, the chief executive must 24
promptly give a copy of the suspension notice to the authority operator. 25
or reduction of period of suspension 26
Cancellation
131.(1) At any time a suspension of a key person licence is in force 27
under section 129, the chief executive may, for any reason the chief 28
executive considers appropriate-- 29
s 132 75 s 133
Wagering
(a) cancel the remaining period of suspension; or 1
(b) reduce the remaining period of suspension by a stated period. 2
(2) The chief executive must promptly give written notice of the decision 3
to-- 4
(a) the key person licensee; and 5
(b) if the chief executive believes the key person licensee was an 6
employee or key operator of an authority operator when the key 7
person licence was suspended--the authority operator. 8
Division 8--Requirements about employment 9
of start of licensed employee's employment 10
Notice
132. Within 7 days after a licensed employee starts employment with an 11
authority operator, the authority operator must notify the chief executive of 12
the start of the employment by notice in the approved form. 13
Maximum penalty--40 penalty units. 14
about employees 15
Returns
133.(1) The chief executive may, by written notice given to an authority 16
operator, require the operator to give a return under this section. 17
(2) The notice must state the time (not less than 14 days after the notice is 18
given) for giving the return. 19
(3) A notice must not be given under this section within 1 month after 20
the giving of a previous notice. 21
(4) If an authority operator is given a notice under subsection (1), the 22
operator must give a return as required by this section-- 23
(a) listing the licensed and unlicensed employees currently employed 24
by the operator; and 25
(b) stating the duties performed by each employee. 26
Maximum penalty--40 penalty units. 27
(5) The return must-- 28
s 134 76 s 135
Wagering
(a) be in the approved form; and 1
(b) be given to the chief executive within the time stated in the notice. 2
of end of licensed employee's employment 3
Notice
134.(1) This section applies if-- 4
(a) an authority operator ends the employment of a licensed 5
employee; or 6
(b) a licensed employee ends the employee's employment with an 7
authority operator; or 8
(c) a licensed employee otherwise ceases to be employed by an 9
authority operator. 10
(2) Within 7 days after the licensed employee's employment with the 11
authority operator ends, the authority operator must notify the chief 12
executive of the end of the employment by notice in the approved form. 13
Maximum penalty for subsection (2)--40 penalty units. 14
to end licensed employee's employment 15
Requirement
135.(1) This section applies if-- 16
(a) a key person licence held by a licensed employee of an authority 17
operator is cancelled or suspended; or 18
(b) a licensed employee of an authority operator ceases to hold a key 19
person licence for some other reason. 20
(2) The chief executive may, by written notice given to the authority 21
operator, require the operator to end the employee's employment as a key 22
employee within the time stated in the notice. 23
(3) The authority operator must comply with the requirement. 24
(4) This section applies to an authority operator despite any other Act or 25
law or any industrial award or agreement. 26
(5) An authority operator does not incur any liability because of action 27
taken to comply with a requirement under this section. 28
s 136 77 s 138
Wagering
Division 9--Requirements about association with key operators 1
of end of key operator's role 2
Notice
136.(1) This section applies if a person who holds a key person licence 3
as a key operator stops being a key operator for an authority operator. 4
(2) Within 7 days after the person stops being a key operator for the 5
authority operator, the authority operator must notify the chief executive of 6
that fact by notice in the approved form. 7
Maximum penalty--40 penalty units. 8
to end key operator's role 9
Requirement
137.(1) This section applies if-- 10
(a) a key person licence held by a key operator for an authority 11
operator is cancelled or suspended; or 12
(b) a key operator for an authority operator ceases to hold a key 13
person licence for some other reason. 14
(2) The chief executive may, by written notice given to the authority 15
operator, require the authority operator to take any action that is necessary 16
and reasonable to ensure the person ceases to be a key operator for the 17
authority operator within the time stated in the notice. 18
(3) The authority operator must comply with the requirement. 19
(4) This section applies to an authority operator despite any other Act or 20
law. 21
(5) An authority operator does not incur any liability because of action 22
taken to comply with a requirement under this section. 23
Division 10--Other matters 24
statements by applicants 25
False
138. A person must not, for an application made under this part, state 26
s 139 78 s 140
Wagering
anything the person knows is false or misleading in a material particular. 1
Maximum penalty--40 penalty units. 2
of fingerprints 3
Destruction
139.(1) This section applies if-- 4
(a) the chief executive refuses to grant an application for a key person 5
licence; or 6
(b) a key person licence lapses, or is surrendered or cancelled. 7
(2) The chief executive must have any fingerprints of the applicant or 8
former key person licensee taken for the application for the key person 9
licence destroyed as soon as practicable. 10
PART 8--WAGERING AGENTS 11
1--Agency agreements 12
Division
of "agency agreement" 13
Meaning
140. An "agency agreement" is an agreement between a licence 14
operator and another person-- 15
(a) appointing the other person as an agent (a "wagering agent") of 16
the licence operator for the conduct of wagering under the relevant 17
wagering licence; and 18
(b) dealing with the wagering agent's authority; and 19
(c) stating the conditions under which the wagering agent acts as, and 20
remains, an agent of the licence operator; and 21
(d) stating other matters agreed between the wagering agent and 22
licence operator. 23
s 141 79 s 143
Wagering
for entering into agency agreement 1
Conditions
141.(1) A licence operator may enter into an agency agreement only 2
with-- 3
(a) a race club; or 4
(b) a person prescribed under a regulation as a person eligible to be a 5
wagering agent. 6
(2) A licence operator may enter into an agency agreement only if the 7
agreement-- 8
(a) is in a form approved by the chief executive; and 9
(b) states the wagering agent's place of operation; and 10
(c) includes any other provisions required by the chief executive. 11
(3) The chief executive may require the inclusion of a provision in an 12
agency agreement only if the chief executive reasonably believes the 13
inclusion of the provision is necessary and reasonable to ensure-- 14
(a) the integrity of the conduct of authorised wagering under the 15
relevant wagering licence is not jeopardised in a material way; or 16
(b) the public interest is not affected in an adverse and material way. 17
of agency agreement 18
Notice
142. Within 7 days after entering into an agency agreement, the licence 19
operator must inform the chief executive of the wagering agent's name and 20
place of operation. 21
of agency agreement 22
Amendment
143.(1) An agency agreement may be amended only with the written 23
approval of the chief executive. 24
(2) The chief executive may withhold approval of a proposed 25
amendment only if the chief executive considers it is necessary to do so in 26
the public interest or to protect proper standards of integrity in the conduct 27
of authorised wagering under the relevant wagering licence. 28
s 144 80 s 147
Wagering
about agents 1
Returns
144.(1) A licence operator must give a return as required by this section 2
listing the operator's current wagering agents. 3
Maximum penalty--40 penalty units. 4
(2) The return must-- 5
(a) be in the approved form; and 6
(b) be given to the chief executive at least once every 6 months. 7
of change of agent's place of operation 8
Notice
145.(1) This section applies if a wagering agent changes, or proposes to 9
change, the agent's place of operation and the licence operator becomes 10
aware of the change or proposed change. 11
(2) Within 7 days after the licence operator becomes aware of the change 12
or proposed change, the operator must inform the chief executive of the 13
wagering agent's new, or proposed new, place of operation. 14
2--Suitability of persons 15
Division
of agents 16
Suitability
146. In deciding whether a wagering agent is a suitable person to be a 17
wagering agent, the chief executive may have regard to the following 18
matters-- 19
(a) the agent's character or business reputation; 20
(b) the agent's current financial position and financial background; 21
(c) the agent's general suitability to act as an agent for a wagering 22
licensee. 23
of associates 24
Suitability
147. In deciding whether a business or executive associate of a wagering 25
agent is a suitable person to be associated with a wagering agent's 26
operations, the chief executive may have regard to the following matters-- 27
s 148 81 s 150
Wagering
(a) the associate's character or business reputation; 1
(b) the associate's current financial position and financial 2
background. 3
Division 3--Investigation of wagering agents and associates 4
of suitability of agents 5
Investigation
148.(1) The chief executive may investigate a wagering agent to help the 6
chief executive decide whether the agent is a suitable person to be a 7
wagering agent. 8
(2) However, the chief executive may investigate a wagering agent only 9
if the chief executive reasonably suspects the agent is not a suitable person 10
to be a wagering agent. 11
of suitability of associates 12
Investigation
149.(1) The chief executive may investigate a business or executive 13
associate of a wagering agent to help the chief executive decide whether the 14
associate is a suitable person to be associated with a wagering agent's 15
operations. 16
(2) However, the chief executive may investigate a business or executive 17
associate of a wagering agent only if the chief executive reasonably suspects 18
the associate is not a suitable person to be associated with a wagering 19
agent's operations. 20
to give information or document for investigation 21
Requirement
150.(1) In investigating a wagering agent, or business or executive 22
associate of a wagering agent, the chief executive may, by written notice 23
given to the person, require the person to give the chief executive 24
information or a document the chief executive considers relevant to the 25
investigation. 26
(2) When making the requirement, the chief executive must warn the 27
person it is an offence to fail to comply with the requirement, unless the 28
person has a reasonable excuse. 29
s 151 82 s 153
Wagering
to give information or document for investigation 1
Failure
151.(1) A person of whom a requirement is made under section 150 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(2) It is a reasonable excuse for the person not to comply with the 6
requirement if complying with the requirement might tend to incriminate 7
the person. 8
(3) The person does not commit an offence against this section if the 9
information or document sought by the chief executive is not in fact relevant 10
to the investigation. 11
history report for investigation 12
Criminal
152.(1) If the chief executive in investigating a person under section 148 13
or 149 asks the commissioner of the police service for a written report on 14
the person's criminal history, the commissioner must give the report to the 15
chief executive. 16
(2) The report is to contain-- 17
(a) relevant information in the commissioner's possession; and 18
(b) relevant information the commissioner can reasonably obtain by 19
asking officials administering police services in other Australian 20
jurisdictions; and 21
(c) other relevant information to which the commissioner has access. 22
4--Terminating agency agreements 23
Division
for directing termination 24
Grounds
153.(1) A ground for directing the termination of an agency agreement 25
exists if the wagering agent-- 26
(a) is not a suitable person to be a wagering agent; or 27
(b) is not eligible to be a wagering agent for a licence operator; or 28
s 154 83 s 154
Wagering
(c) is convicted of an offence against this Act or a gaming Act; or 1
(d) is convicted of an indictable offence; or 2
(e) contravenes a provision of this Act (being a provision a 3
contravention of which is not an offence against this Act). 4
(2) Also, a ground for directing the termination of an agency agreement 5
exists if a business or executive associate of the wagering agent is not a 6
suitable person to be associated with a wagering agent's operations. 7
cause notice 8
Show
154.(1) This section applies if the chief executive believes-- 9
(a) a ground exists for directing the termination of an agency 10
agreement; and 11
(b) the act, omission or other thing constituting the ground is of a 12
serious and fundamental nature; and 13
(c) either-- 14
(i) the integrity of the conduct of authorised wagering under the 15
relevant wagering licence may be jeopardised; or 16
(ii) the public interest may be affected adversely. 17
(2) The chief executive must give the wagering agent a written notice 18
(a "show cause notice")-- 19
(a) stating the chief executive proposes to take action (the "proposed 20
action") to direct the licence operator to terminate the agency 21
agreement; and 22
(b) stating the grounds for the proposed action; and 23
(c) outlining the facts and circumstances forming the basis for the 24
grounds; and 25
(d) inviting the wagering agent to show within a stated period (the 26
"show cause period") why the proposed action should not be 27
taken. 28
(3) The show cause period must be a period ending at least 21 days after 29
the show cause notice is given to the wagering agent. 30
s 155 84 s 157
Wagering
(4) The chief executive must promptly give a copy of the show cause 1
notice to the licence operator. 2
about show cause notice 3
Representations
155.(1) The wagering agent, and licence operator to whom a copy of the 4
show cause notice is given, may make representations about the show cause 5
notice to the chief executive in the show cause period. 6
(2) The chief executive must consider all written representations (the 7
"accepted representations") made under subsection (1). 8
show cause process without further action 9
Ending
156.(1) This section applies if, after considering the accepted 10
representations for the show cause notice, the chief executive no longer 11
believes a ground exists to direct the termination of the agency agreement. 12
(2) The chief executive must not take any further action about the show 13
cause notice. 14
(3) Notice that no further action about the show cause notice is to be 15
taken must be given by the chief executive to the wagering agent and licence 16
operator. 17
agent 18
Censuring
157.(1) This section applies if, after considering the accepted 19
representations for the show cause notice, the chief executive still believes a 20
ground exists to direct the termination of the agency agreement but-- 21
(a) does not believe termination of the agreement is warranted; and 22
(b) does not consider it is appropriate to take action under 23
section 158. 24
(2) This section also applies if the chief executive has not given a show 25
cause notice to the wagering agent but-- 26
(a) believes a ground exists to direct the termination of the agency 27
agreement; and 28
(b) does not believe the giving of a show cause notice is warranted. 29
s 158 85 s 158
Wagering
(3) The chief executive may, by written notice given to the wagering 1
agent, censure the agent for a matter relating to the ground for directing the 2
termination of the agreement. 3
(4) The notice must state the reason for the decision to censure the 4
wagering agent. 5
(5) The chief executive must promptly give a copy of the notice to the 6
licence operator. 7
to rectify 8
Direction
158.(1) This section applies if, after considering the accepted 9
representations for the show cause notice, the chief executive still believes a 10
ground exists to direct the termination of the agency agreement but 11
considers-- 12
(a) a matter relating to the ground is reasonably capable of being 13
rectified; and 14
(b) that it is appropriate to give the wagering agent an opportunity to 15
rectify the matter. 16
(2) This section also applies if the chief executive has not given a show 17
cause notice to the wagering agent and-- 18
(a) the chief executive believes a ground exists to direct the 19
termination of the agency agreement; and 20
(b) the chief executive considers-- 21
(i) a matter relating to the ground is reasonably capable of being 22
rectified; and 23
(ii) that it is appropriate to give the wagering agent an 24
opportunity to rectify the matter without giving a show cause 25
notice; and 26
(c) the wagering agent and licence operator have been given-- 27
(i) written notice that the chief executive proposes to give a 28
direction under this section; and 29
(ii) a reasonable opportunity to make representations about the 30
proposed direction. 31
s 159 86 s 159
Wagering
(3) However, this section applies only if the chief executive does not 1
have the belief mentioned in section 159(1). 2
(4) The chief executive may, by written notice given to the wagering 3
agent, direct the agent to rectify the matter within the period stated in the 4
notice. 5
(5) The notice must state the reason for the decision to give the direction. 6
(6) The period stated in the notice must be reasonable, having regard to 7
the nature of the matter to be rectified. 8
(7) The chief executive must promptly give a copy of the notice to the 9
licence operator. 10
(8) The wagering agent must comply with a direction given under this 11
section. 12
to terminate agreement 13
Direction
159.(1) This section applies if, after considering the accepted 14
representations for the show cause notice, the chief executive still believes-- 15
(a) a ground exists to direct the termination of the agency agreement; 16
and 17
(b) the act, omission or other thing constituting the ground is of a 18
serious and fundamental nature; and 19
(c) either-- 20
(i) the integrity of the conduct of authorised wagering under the 21
relevant wagering licence may be jeopardised; or 22
(ii) the public interest may be affected adversely. 23
(2) This section also applies if-- 24
(a) after considering the accepted representations for the show cause 25
notice, the chief executive directs the wagering agent to rectify a 26
matter and the agent fails to comply with the direction within the 27
period stated in the relevant notice; or 28
(b) there are no accepted representations for the show cause notice. 29
(3) The chief executive may, by written notice given to the licence 30
operator, direct the operator to terminate the agreement within the time 31
s 160 87 s 162
Wagering
stated in the notice. 1
(4) If the chief executive gives a direction under this section, the chief 2
executive must promptly give an information notice for the decision to-- 3
(a) the licence operator; and 4
(b) the wagering agent affected by the decision. 5
of agreement on direction 6
Termination
160.(1) If the chief executive directs a licence operator to terminate an 7
agency agreement, the operator must-- 8
(a) terminate the agreement within the time stated in the relevant 9
notice; and 10
(b) notify the chief executive of the termination in the approved form 11
within 7 days after terminating the agreement. 12
(2) If the licence operator does not terminate the agency agreement as 13
required by subsection (1), the agreement is terminated by this Act. 14
(3) The State does not incur any liability if an agency agreement is 15
terminated by a licence operator under subsection (1) or by this Act. 16
(4) A licence operator does not incur any liability because the operator 17
terminates an agency agreement under subsection (1). 18
of agreement without direction 19
Termination
161.(1) This section applies if an agency agreement is terminated 20
otherwise than because of a direction to terminate the agreement given to the 21
licence operator by the chief executive. 22
(2) The licence operator must notify the chief executive in writing of the 23
termination within 7 days after the agreement is terminated. 24
Maximum penalty for subsection (2)--40 penalty units. 25
agent's operations 26
Suspending
162.(1) The chief executive may suspend the wagering agent's 27
operations if the chief executive believes-- 28
s 163 88 s 163
Wagering
(a) a ground exists to direct the termination of the agency agreement; 1
and 2
(b) it is necessary to suspend the operations-- 3
(i) in the public interest; or 4
(ii) to ensure the integrity of the conduct of authorised wagering 5
under the relevant wagering licence is not jeopardised. 6
(2) The suspension-- 7
(a) must be effected by written notice (a "suspension notice") given 8
to the wagering agent with a show cause notice; and 9
(b) operates immediately the suspension notice is given; and 10
(c) continues to operate until the show cause notice is finally dealt 11
with. 12
(3) The suspension notice must state the reason for the decision to 13
suspend the wagering agent's operations. 14
(4) The chief executive must promptly give a copy of the suspension 15
notice to the licence operator. 16
(5) A wagering agent must not carry on operations while the agent's 17
operations are suspended. 18
Maximum penalty for subsection (5)--200 penalty units or 2 years 19
imprisonment. 20
PART 9--FINANCIAL 21
Division 1--Commissions and dividends 22
23
Commission
163.(1) An authority operator may deduct, or cause to be deducted, as 24
commission, out of the total amount invested in each totalisator conducted 25
by the authority operator on 1 or more events or contingencies, an amount 26
that is not more than the amount calculated under a regulation. 27
s 164 89 s 166
Wagering
(2) An authority operator must not, under subsection (1), deduct, or 1
cause to be deducted, for a financial year, out of the total amount invested in 2
the year in totalisators conducted by the authority operator on events or 3
contingencies, an amount that is more than the amount calculated under a 4
regulation. 5
6
Dividends
164.(1) An authority operator, after deducting the operator's 7
commissions under section 163, must pay by way of dividends all amounts 8
invested in totalisators conducted by the authority operator on events or 9
contingencies. 10
(2) In calculating a dividend-- 11
(a) a fraction of 10c less than 5c is to be disregarded; and 12
(b) a fraction of 10c equal to or greater than 5c is to be taken to be 5c. 13
(3) An amount that, apart from subsection (2), would be required to be 14
included in a dividend (an "unpaid fraction") may be retained by the 15
authority operator. 16
2--Taxes and fees 17
Division
to wagering tax 18
Liability
165. An authority holder must pay a tax (a "wagering tax") to the chief 19
executive for each month for the wagering authority. 20
and payment of wagering tax 21
Calculation
166.(1) The amount of wagering tax to be paid for a month is the 22
percentage prescribed under a regulation of the authority holder's gross 23
revenue for the month. 24
(2) The wagering tax is to be paid under a regulation. 25
s 167 90 s 170
Wagering
for calculation of wagering tax 1
Returns
167.(1) An authority holder must give the chief executive returns as 2
required under a regulation giving the details required under the regulation 3
for the calculation of wagering tax. 4
(2) A return must be in the approved form. 5
to wagering authority fee 6
Liability
168.(1) An authority holder must give consideration (the "wagering 7
authority fee") for the wagering authority. 8
(2) The wagering authority fee is to be calculated and paid or satisfied 9
under the conditions of the wagering authority. 10
of wagering tax and authority fee 11
Application
169. The chief executive must, for an amount of wagering tax or 12
wagering authority fee received under this part-- 13
(a) pay a proportion of the amount prescribed under a regulation into 14
a fund established for community benefit under a gaming Act and 15
stated in the regulation; and 16
(b) pay any balance of the amount into the consolidated fund. 17
for late payment 18
Penalty
170.(1) An authority holder must pay to the chief executive a penalty on 19
an amount or value of wagering tax or wagering authority fee outstanding 20
(the "unpaid amount") as at the end of the period allowed for payment. 21
(2) The penalty is the percentage prescribed under a regulation of the 22
unpaid amount. 23
(3) An additional penalty is payable by the authority holder to the chief 24
executive for any part of the unpaid amount, and any previous penalty, 25
remaining unpaid-- 26
(a) 1 month after the end of the period allowed for payment of the 27
unpaid amount; and 28
(b) at the end of each succeeding month starting-- 29
s 171 91 s 172
Wagering
(i) on the day of the month corresponding to the day mentioned 1
in paragraph (a); or 2
(ii) if there is no corresponding day--on the first day of the 3
following month. 4
(4) The additional penalty is the percentage prescribed under a regulation 5
of each unpaid or other amount for which the penalty is payable. 6
(5) A penalty, or a part of a penalty, is not payable if the chief executive, 7
for a reason the chief executive considers appropriate, decides the penalty, 8
or the part of the penalty, need not be paid. 9
of amounts 10
Recovery
171. An amount of wagering tax, wagering authority fee or penalty 11
payable under this part is a debt payable to the State and may be recovered 12
by action in a court of competent jurisdiction. 13
offences 14
Revenue
172.(1) An authority holder must not-- 15
(a) evade the payment of an amount payable by the authority holder 16
as wagering tax or wagering authority fee; or 17
(b) give the chief executive a return under section 1674 containing 18
information the authority holder knows to be false, misleading or 19
incomplete in a material particular. 20
Maximum penalty--200 penalty units or 2 years imprisonment. 21
(2) Subsection (1)(b) does not apply to an authority holder if the holder, 22
when giving the return-- 23
(a) informs the chief executive in writing, to the best of the authority 24
holder's ability, how the return is false, misleading or incomplete; 25
and 26
(b) if the authority holder has, or can reasonably obtain, the correct 27
information--gives the correct information. 28
4 Section 167 (Returns for calculation of wagering tax)
s 173 92 s 174
Wagering
(3) It is enough for a complaint for an offence against subsection (1) 1
involving the giving of a return to state that the return was false, misleading 2
or incomplete to the defendant's knowledge. 3
PART 10--COMPLIANCE REQUIREMENTS 4
Division 1--Control systems 5
control system required for authorised wagering 6
Approved
173.(1) An authority operator may conduct authorised wagering under 7
the wagering authority only if-- 8
(a) the operator has an approved control system for the wagering; 9
and 10
(b) the wagering is conducted under the system. 11
(2) An approved control system of a licence operator must relate to the 12
wagering agents, or each class of wagering agents, appointed by the licence 13
operator. 14
(3) An authority operator may change the operator's approved control 15
system only-- 16
(a) if directed by, or with the approval of, the chief executive; and 17
(b) in the way directed or approved by the chief executive. 18
system submission 19
Control
174.(1) An authority operator may make a submission (a "control 20
system submission") to the chief executive for approval of the operator's 21
proposed control system. 22
(2) A control system submission must be in writing and be made-- 23
(a) at least 90 days before the authority operator proposes to start 24
conducting authorised wagering under the wagering authority; or 25
s 175 93 s 175
Wagering
(b) if the chief executive considers it appropriate to allow a 1
submission to be made at a later time--by the time allowed by 2
the chief executive. 3
(3) A control system submission must describe and explain the authority 4
operator's proposed control system. 5
(4) In particular, a control system submission must include information 6
about-- 7
(a) the following things to be used for the conduct of wagering-- 8
(i) accounting systems and procedures and chart of accounts; 9
(ii) administrative systems and procedures; 10
(iii) computer software; 11
(iv) standard forms and terms; and 12
(b) the general procedures to be followed for the conduct of 13
wagering; and 14
(c) the procedures and standards for the maintenance, security, 15
storage and transportation of equipment to be used for the 16
conduct of wagering; and 17
(d) the procedures for recording bets and paying winning bets; and 18
(e) the procedures for using and maintaining security facilities. 19
(5) A control system submission may include information additional to 20
the information mentioned in subsection (4). 21
system (change) submission 22
Control
175.(1) An authority operator may make a submission (a "control 23
system (change) submission") to the chief executive for approval to 24
change the holder's approved control system. 25
(2) A control system (change) submission must be in writing and be 26
made-- 27
(a) at least 90 days before the authority operator proposes to start 28
conducting authorised wagering under the approved control 29
system, as proposed to be changed; or 30
s 176 94 s 176
Wagering
(b) if the chief executive considers it appropriate to allow a 1
submission to be made at a later time--by the time allowed by 2
the chief executive. 3
(3) A control system (change) submission must contain particulars of the 4
proposed changes of the authority operator's approved control system. 5
with submissions 6
Dealing
176.(1) This section applies to a control system submission or control 7
system (change) submission made to the chief executive by an authority 8
operator. 9
(2) The chief executive must consider the submission and either approve, 10
or refuse to approve, the authority operator's proposed control system or 11
the proposed change of the authority operator's approved control system. 12
(3) In considering the submission, the chief executive may, by written 13
notice given to the authority operator, require the operator to give the chief 14
executive further information about the submission that is necessary and 15
reasonable to help the chief executive make a decision about the 16
submission. 17
(4) In considering whether to give an approval, the chief executive must 18
have regard to the following issues-- 19
(a) whether the submission satisfies the requirements under this 20
division for the submission; 21
(b) whether the authority operator's proposed control system, or 22
approved control system as proposed to be changed, is capable of 23
providing satisfactory and effective control over the conduct of 24
wagering. 25
(5) The chief executive may refuse to give an approval if the authority 26
operator fails to comply with a requirement under subsection (3) without a 27
reasonable excuse. 28
(6) The chief executive must promptly give the authority operator a 29
written notice of the chief executive's decision to give, or to refuse to give, 30
an approval. 31
(7) If the chief executive refuses to give an approval, the notice of the 32
decision-- 33
s 177 95 s 178
Wagering
(a) must state the reasons for the decision; and 1
(b) if the chief executive believes the submission can easily be 2
changed to enable the chief executive to give an approval--must 3
also-- 4
(i) explain how the submission may be changed; and 5
(ii) invite the authority operator to resubmit the submission after 6
making the appropriate changes. 7
to change approved control system 8
Direction
177.(1) The chief executive may, by written notice given to an authority 9
operator, direct the operator to change the operator's approved control 10
system within the time, and in the way, stated in the notice. 11
(2) The authority operator must comply with the direction. 12
(3) If the authority operator does not comply with the direction, at the end 13
of the time stated in the notice the operator's approved control system is 14
taken to have been changed in the way stated in the notice. 15
Division 2--Wagering records 16
about keeping wagering records 17
Notices
178.(1) The chief executive may, by written notice given to an authority 18
operator-- 19
(a) approve a place (the "approved place") nominated by the 20
operator as the place where the operator is required to keep the 21
operator's wagering records; or 22
(b) specify a wagering record of the operator ( an "exempt wagering 23
record") that is not required to be kept at the approved place; or 24
(c) specify a wagering record of the operator that may be kept 25
temporarily at a place other than the approved place, and the 26
period for which, or the circumstances in which, the record may 27
be kept at the other place; or 28
(d) approve the keeping of information contained in a wagering 29
s 179 96 s 180
Wagering
record in a way different from the way the information was kept 1
when the record was being used by the operator; or 2
(e) approve the destruction of a wagering record the chief executive 3
considers need not be kept. 4
(2) The chief executive may specify a wagering record for 5
subsection (1)(b) only if the chief executive considers there is sufficient 6
reason for the record to be kept at a place other than the approved place. 7
(3) A wagering record mentioned in subsection (1)(c) is also an "exempt 8
wagering record"-- 9
(a) for the period stated in the notice; or 10
(b) while the circumstances stated in the notice exist. 11
(4) The exercise of the chief executive's power under subsection (1)(d) 12
or (e) is subject to any other law about the retention or destruction of the 13
wagering record. 14
records to be kept at certain place 15
Wagering
179.(1) An authority operator must keep the operator's wagering records 16
at-- 17
(a) the operator's principal place of business in the State or, if the 18
operator is a corporation and has its registered office in the State, 19
its registered office; or 20
(b) an approved place for the records. 21
Maximum penalty--40 penalty units. 22
(2) Subsection (1) does not apply to an exempt wagering record. 23
records to be kept for required period 24
Wagering
180.(1) An authority operator must keep a wagering record for 5 years 25
after the end of the transaction to which the record relates. 26
Maximum penalty--40 penalty units. 27
(2) Subsection (1) does not apply to a wagering record if-- 28
(a) the information previously contained in the record is kept in 29
s 181 97 s 182
Wagering
another way under an approval of the chief executive; or 1
(b) the record has been destroyed under an approval of the chief 2
executive. 3
(3) Subsection (1) has effect subject to any other law about the retention 4
or destruction of the wagering record. 5
Division 3--Financial accounts, statements and reports 6
of accounts 7
Keeping
181. An authority operator must-- 8
(a) keep accounting records that correctly record and explain the 9
transactions and financial position for the operations of the 10
operator conducted under the wagering authority; and 11
(b) keep the accounting records in a way that allows-- 12
(i) true and fair financial statements and accounts to be prepared 13
from time to time; and 14
(ii) the financial statements and accounts to be conveniently and 15
properly audited. 16
Maximum penalty--40 penalty units. 17
of financial statements and accounts 18
Preparation
182.(1) An authority operator must prepare financial statements and 19
accounts as required by this section giving a true and fair view of the 20
financial operations of the operator conducted under the wagering authority. 21
Maximum penalty--40 penalty units. 22
(2) The financial statements and accounts must include the following-- 23
(a) trading accounts, if applicable, for each financial year; 24
(b) profit and loss accounts for each financial year; 25
(c) a balance sheet as at the end of each financial year. 26
s 183 98 s 183
Wagering
of reports 1
Submission
183.(1) An authority operator must give reports to the chief executive as 2
required by this section about the operations of the operator conducted 3
under the wagering authority. 4
Maximum penalty--40 penalty units. 5
(2) The reports must be given at the times stated in a written notice given 6
to the authority operator by the chief executive. 7
(3) A report must be in the approved form. 8
(4) The chief executive may, by written notice given to an authority 9
operator, require the operator to give the chief executive further information 10
about a report within the time stated in the notice to help the chief executive 11
acquire a proper appreciation of the operator's operations. 12
(5) An authority operator must comply with a requirement under 13
subsection (4) within the time stated in the notice, unless the operator has a 14
reasonable excuse. 15
Maximum penalty--40 penalty units. 16
(6) An authority operator must not give the chief executive a report 17
containing information, or further information about a report, the operator 18
knows to be false, misleading or incomplete in a material particular. 19
Maximum penalty--100 penalty units. 20
(7) Subsection (6) does not apply to an authority operator if the operator, 21
when giving the report or further information-- 22
(a) informs the chief executive in writing, to the best of the operator's 23
ability, how the return or information is false, misleading or 24
incomplete; and 25
(b) if the operator has, or can reasonably obtain, the correct 26
information--gives the correct information. 27
(8) It is enough for a complaint for an offence against subsection (6) to 28
state that the report or information was false, misleading or incomplete to 29
the defendant's knowledge. 30
s 184 99 s 186
Wagering
4--Financial institution accounts 1
Division
of accounts 2
Keeping
184. An authority operator must keep a financial institution account, or 3
financial institution accounts, approved by the chief executive for use for all 4
banking or similar transactions for the operations of the operator conducted 5
under the wagering authority. 6
Maximum penalty--40 penalty units. 7
of accounts 8
Use
185. An authority operator must not use a financial institution account 9
approved by the chief executive other than for a purpose for which it is 10
approved. 11
Maximum penalty--40 penalty units. 12
Division 5--Audit 13
authority operators 14
Exempt
186.(1) The chief executive may declare a permit holder to be an exempt 15
authority operator for this division. 16
(2) The chief executive may make a declaration only if the chief executive 17
considers-- 18
(a) the permit holder's operations conducted under the oncourse 19
wagering permit are not significant; and 20
(b) in particular, the extent of wagering conducted does not warrant 21
an audit of any of the permit holder's documents relating to the 22
operations. 23
(3) A declaration must be made by written notice given to the permit 24
holder. 25
s 187 100 s 189
Wagering
of operations 1
Audit
187.(1) As soon as practicable after the end of a financial year, an 2
affected authority operator must, at the operator's own expense, cause the 3
operator's books, accounts and financial statements for the operator's 4
operations conducted under the wagering authority for the financial year to 5
be audited by-- 6
(a) a registered company auditor; or 7
(b) if the affected authority operator is a permit holder--an approved 8
accountant. 9
Maximum penalty--40 penalty units. 10
(2) In this section-- 11
"affected authority operator" means an authority operator who has not 12
been declared by the chief executive under section 186 to be an exempt 13
authority operator for this division. 14
of audit 15
Completion
188.(1) The auditor must-- 16
(a) complete the audit within 3 months after the end of the financial 17
year; and 18
(b) immediately after completion of the audit, give a copy of the audit 19
report to the chief executive and authority operator. 20
Maximum penalty--40 penalty units. 21
(2) Subsection (1)(a) does not apply to the auditor if, in the 22
circumstances, it would be unreasonable to require the auditor to comply 23
with the paragraph and the auditor completes the audit as soon as 24
practicable. 25
information following audit 26
Further
189.(1) On receiving a copy of the audit report, the chief executive may, 27
by written notice given to the authority operator, require the operator to give 28
the chief executive further information about a matter relating to the 29
operations of the operator mentioned in the audit report. 30
s 190 101 s 191
Wagering
(2) An authority operator must comply with a requirement under 1
subsection (1) within the time stated in the notice, unless the operator has a 2
reasonable excuse. 3
Maximum penalty for subsection (2)--40 penalty units. 4
ART 11--CONDUCT OF APPROVED WAGERING 5
P
Division 1--Agreements 6
of "ancillary wagering agreement" 7
Meaning
190.(1) An "ancillary wagering agreement" is an agreement, contract, 8
lease or arrangement (whether written or unwritten) under which a person 9
agrees to provide to an authority operator a thing or service in return for a 10
direct or indirect interest in, or percentage or share of-- 11
(a) amounts received by the operator in the conduct of approved 12
wagering; or 13
(b) the revenue, profit or earnings derived by the operator in the 14
conduct of approved wagering. 15
(2) However, an "ancillary wagering agreement" does not include-- 16
(a) an agency agreement; or 17
(b) a wagering management agreement; or 18
(c) a totalisator supply agreement. 19
of "related agreement" 20
Meaning
191.(1) A "related agreement" is-- 21
(a) an ancillary wagering agreement; or 22
(b) another agreement, contract, lease or arrangement (whether 23
written or unwritten) entered into between an authority operator 24
and another person relating to the operator's operations. 25
s 192 102 s 194
Wagering
(2) However, a "related agreement" does not include a wagering 1
management agreement. 2
into ancillary wagering agreements 3
Entering
192. An authority operator must not enter into, or be a party to, an 4
ancillary wagering agreement without the written approval of the Minister. 5
Maximum penalty--40 penalty units. 6
for ancillary wagering agreement 7
Approval
193.(1) An authority operator may apply to the Minister for approval to 8
enter into an ancillary wagering agreement 9
(2) An application must-- 10
(a) be in writing; and 11
(b) if it is proposed the agreement will be in writing--be 12
accompanied by a copy of the proposed agreement. 13
(3) The Minister must consider an application for approval and either 14
give, or refuse to give, the approval. 15
(4) However, the Minister may give an approval only if the Minister 16
considers it would be appropriate or desirable in all the circumstances for 17
the authority operator to enter into the agreement. 18
(5) The Minister must promptly give the authority operator written notice 19
of the Minister's decision. 20
of related agreements 21
Review
194.(1) The Minister may, by written notice given to an authority 22
operator, require the operator to give to the Minister, within the time stated 23
in the notice-- 24
(a) the information stated in the notice about a related agreement to 25
which the authority operator is a party; and 26
(b) if the agreement is in writing--a copy of the agreement. 27
(2) Without limiting subsection (1), the information the Minister may 28
s 195 103 s 195
Wagering
require to be given about the agreement includes the following-- 1
(a) the names of the parties; 2
(b) a description of any property, goods or other things, or any 3
services, supplied or to be supplied; 4
(c) the value or nature of the consideration; 5
(d) the term of the agreement. 6
(3) The authority operator must comply with the requirement within the 7
time stated in the notice, unless the operator has a reasonable excuse. 8
cause notice for related agreement 9
Show
195.(1) This section applies if, after considering the information given to 10
the Minister about the related agreement and, if appropriate, the contents of 11
the agreement, the Minister believes the continuance of the agreement-- 12
(a) may jeopardise the integrity of the conduct of approved wagering; 13
or 14
(b) may affect the public interest adversely. 15
(2) This section also applies if-- 16
(a) the authority operator does not comply with the requirement 17
mentioned in section 194; and 18
(b) the Minister has the belief mentioned in section 195(1). 19
(3) The Minister must give the authority operator a written notice (a 20
"show cause notice")-- 21
(a) stating the Minister proposes to take action to direct the 22
termination of the agreement (the "proposed action"); and 23
(b) stating the grounds for the proposed action; and 24
(c) outlining the facts and circumstances forming the basis for the 25
grounds; and 26
(d) inviting the operator to show within a stated period (the "show 27
cause period") why the proposed action should not be taken. 28
(4) The show cause period must be a period ending at least 21 days after 29
the show cause notice is given to the authority operator. 30
s 196 104 s 197
Wagering
(5) The Minister must promptly give a copy of the show cause notice to 1
each other person (an "interested person") who is a party to the 2
agreement. 3
about show cause notice 4
Representations
196.(1) The authority operator and each interested person may make 5
representations about the show cause notice to the Minister in the show 6
cause period. 7
(2) The Minister must consider all written representations (the "accepted 8
representations") made under subsection (1). 9
to terminate related agreement 10
Direction
197.(1) This section applies if, after considering the accepted 11
representations for the show cause notice, the Minister still believes the 12
continuance of the agreement-- 13
(a) may jeopardise the integrity of the conduct of approved wagering; 14
or 15
(b) may affect the public interest adversely. 16
(2) This section also applies if there are no accepted representations for 17
the show cause notice. 18
(3) The Minister may, by written notice given to each of the parties to the 19
related agreement, direct the termination of the agreement. 20
(4) The notice must state-- 21
(a) the reason for the decision to direct the termination of the related 22
agreement; and 23
(b) the time within which the agreement is required to be terminated. 24
(5) If the agreement is not terminated within the time stated in the notice, 25
it is terminated at the end of the time by this Act. 26
(6) The termination of the agreement under the direction or by this Act 27
does not affect any rights or liabilities acquired or incurred by a party to the 28
agreement before the termination. 29
(7) The State does not incur any liability if the agreement is terminated 30
s 198 105 s 201
Wagering
under the direction or by this Act. 1
(8) A party to the agreement does not incur any liability for breach of the 2
agreement because the agreement is terminated under the direction. 3
2--Operations of authority operators and wagering agents 4
Division
Subdivision 1--Rules 5
rules 6
Making
198.(1) The Minister may make rules about approved wagering. 7
(2) Rules are subordinate legislation. 8
(3) An authority operator may make submissions to the Minister about a 9
rule or proposed rule. 10
of rules 11
Application
199. The rules are binding on an authority operator and a person betting 12
or intending to bet with an authority operator for authorised wagering 13
conducted under the wagering authority. 14
of rules for public inspection 15
Availability
200. A general operator must arrange for a copy of the rules to be made 16
available for public inspection at each office of the operator during ordinary 17
office hours. 18
responsibilities of authority operators 19
General
201. An authority operator, in doing an act for the conduct of approved 20
wagering must ensure the act is done under the rules. 21
Maximum penalty--40 penalty units. 22
s 202 106 s 205
Wagering
of licence operator for acts of agents 1
Responsibility
202. A licence operator must take reasonable steps to ensure an act done 2
by a wagering agent of the operator for the conduct of approved wagering is 3
done under with the rules. 4
Maximum penalty--40 penalty units. 5
of wagering agent for agent's acts 6
Responsibility
203. A wagering agent, in doing an act for the conduct of approved 7
wagering, must ensure the act is done under the rules. 8
Maximum penalty--40 penalty units. 9
2--Other matters 10
Subdivision
of "totalisator supply agreement" 11
Meaning
204. A "totalisator supply agreement" is an agreement, contract, lease 12
or arrangement (whether written or unwritten) under which a person (the 13
"totalisator supplier") agrees to install, supply or operate regulated 14
wagering equipment for or to-- 15
(a) a permit holder (the "designated operator"); or 16
(b) a wagering agent that is a race club (also "the designated 17
operator"). 18
of operation 19
Places
205.(1) An authority operator must not carry on the operator's operations 20
at a place other than a place that-- 21
(a) the operator has, by notice given to the chief executive, nominated 22
as being the operator's proposed place of operation; and 23
(b) has been approved by the chief executive. 24
Maximum penalty--200 penalty units or 2 years imprisonment. 25
(2) A wagering agent must not carry on the agent's operations at a place 26
other than a place that-- 27
s 206 107 s 208
Wagering
(a) is of a kind prescribed under a regulation as appropriate for a 1
wagering agent; and 2
(b) is stated in the agency agreement as the agent's place of operation. 3
Maximum penalty for subsection (2)--200 penalty units or 2 years 4
imprisonment. 5
of wagers 6
Acceptance
206. A general operator, in carrying on the operator's operations, may 7
accept wagers by phone or another form of communication. 8
of regulated wagering equipment 9
Use
207.(1) A general operator must not use regulated wagering equipment 10
for the conduct of approved wagering unless the equipment is approved 11
wagering equipment. 12
Maximum penalty--40 penalty units. 13
(2) A general operator must not modify approved wagering equipment 14
unless the modification is approved by the chief executive in writing. 15
Maximum penalty--40 penalty units. 16
(3) A totalisator supplier must not, under a totalisator supply agreement, 17
install, supply or operate regulated wagering equipment for or to a 18
designated operator unless the equipment is approved wagering equipment. 19
Maximum penalty--40 penalty units. 20
(4) A designated operator may use approved wagering equipment 21
installed, supplied or operated for or to the operator by a person who is not 22
a licence operator. 23
of regulated wagering equipment 24
Approval
208.(1) An authority operator may apply to the chief executive-- 25
(a) for an approval for regulated wagering equipment proposed to be 26
used in the conduct of approved wagering; or 27
(b) for approval to modify approved wagering equipment used in the 28
s 209 108 s 210
Wagering
conduct of approved wagering. 1
(2) An application must-- 2
(a) be in the approved form; and 3
(b) be accompanied by the application fee prescribed under a 4
regulation. 5
(3) The chief executive must-- 6
(a) consider the application; and 7
(b) if the chief executive believes it is necessary for the chief 8
executive to evaluate the equipment, or the equipment as 9
proposed to be modified, to decide the application--carry out the 10
evaluation as soon as practicable; and 11
(c) after completing the consideration of the application and carrying 12
out any necessary evaluation--approve, or refuse to approve, the 13
equipment or modification. 14
(4) Despite subsection (3)(b) and (c), the chief executive is not required 15
to carry out the evaluation, or decide the application, unless the fee 16
prescribed under a regulation for the evaluation has been paid. 17
(5) The chief executive must promptly give the authority operator a 18
written notice-- 19
(a) setting out the chief executive's decision; and 20
(b) if the decision is to refuse to give an approval--stating the 21
reasons for the decision. 22
credit 23
Extending
209. A general operator must not make a loan or extend credit in any 24
form to a person to enable the person or another person to take part in 25
approved wagering. 26
Maximum penalty--200 penalty units or 2 years imprisonment. 27
wagering 28
Advertising
210. A person who advertises approved wagering must take reasonable 29
s 211 109 s 212
Wagering
steps to ensure the advertisement-- 1
(a) is not indecent or offensive; and 2
(b) is based on fact; and 3
(c) is not false, deceptive or misleading in a material particular. 4
about advertising 5
Directions
211.(1) If the chief executive reasonably believes an advertisement about 6
approved wagering does not comply with section 210, the chief executive 7
may direct the person appearing to be responsible for authorising the 8
advertisement to take the appropriate steps-- 9
(a) to stop the advertisement being shown; or 10
(b) to change the advertisement. 11
(2) The direction must-- 12
(a) be in writing; and 13
(b) state the grounds for the direction; and 14
(c) for a direction to change the advertisement--state how the 15
advertisement is to be changed. 16
(3) A person to whom a direction is given must comply with the 17
direction, unless the person has a reasonable excuse. 18
Maximum penalty for subsection (3)--20 penalty units. 19
about complaints 20
Inquiries
212.(1) Subsection (2) applies if a complaint is made to the chief 21
executive by a person about the conduct of approved wagering (including 22
the conduct of a wagering agent's operations). 23
(2) The chief executive must promptly-- 24
(a) if the chief executive believes the complaint has not previously 25
been referred to the relevant authority operator and that it is 26
appropriate for the complaint to be referred to the operator--refer 27
the complaint to the authority operator; or 28
(b) if paragraph (a) does not apply--inquire into the complaint. 29
s 213 110 s 213
Wagering
(3) The chief executive must promptly advise the complainant of-- 1
(a) if the chief executive acts under subsection (2)(a)--the decision to 2
refer the complaint to the authority operator; or 3
(b) if the chief executive acts under subsection (2)(b)--the result of 4
the inquiry. 5
(4) Subsection (5) applies if-- 6
(a) a complaint is made to an authority operator by a person about-- 7
(i) the conduct of authorised wagering by the authority operator 8
under the wagering authority; or 9
(ii) the operations of a wagering agent of the authority operator; 10
or 11
(b) a complaint is referred to an authority operator under 12
subsection (2). 13
(5) The authority operator must, within 21 days after the complaint is 14
received by, or referred to, the operator-- 15
(a) inquire into the complaint; and 16
(b) give written notice of the result of the inquiry-- 17
(i) to the complainant; and 18
(ii) if the complaint was referred to the operator by the chief 19
executive--to the chief executive. 20
(6) A complaint must-- 21
(a) be in writing; and 22
(b) state the complainant's name and address; and 23
(c) give appropriate details of the complaint. 24
for payment of winning bets 25
Claims
213.(1) A claim for payment of a winning bet made in relation to 26
approved wagering-- 27
(a) must be made within 5 years after the holding of the event or the 28
happening of the contingency to which the bet relates; and 29
s 214 111 s 214
Wagering
(b) must be accompanied by the ticket for the winning bet, unless the 1
claim is made within the period allowed under the rules for 2
making claims without production of a ticket. 3
(2) An amount for a winning bet not claimed within the period of 5 years 4
mentioned in subsection (1) may be retained by the authority operator who 5
conducted the wagering. 6
for payment 7
Claims
214.(1) If a claim for payment of a winning bet is made to a general 8
operator, the operator must-- 9
(a) pay the relevant winnings to the claimant; or 10
(b) if the operator disputes the claim--immediately try to resolve the 11
claim. 12
(2) If a wagering agent, for a claim for payment made to the agent, 13
disputes the claim and is not able to resolve the claim, the agent must refer 14
the claim to the licence operator. 15
(3) If an authority operator, for a claim for payment made or referred to 16
the operator, disputes the claim and is not able to resolve the claim, the 17
operator must, by written notice (a "claim result notice") given to the 18
claimant, promptly inform the claimant-- 19
(a) of the operator's decision on the claim; and 20
(b) that the person may, within 10 days of receiving the notice, ask 21
the chief executive to review the decision. 22
(4) If the claim is not resolved, the claimant may ask the chief 23
executive-- 24
(a) if the claimant received a claim result notice--to review the 25
authority operator's decision; or 26
(b) if the claimant did not receive a claim result notice--to resolve the 27
claim. 28
(5) A request to the chief executive under subsection (4)-- 29
(a) must be in the approved form; and 30
(b) if the claimant received a claim result notice--must be made 31
s 215 112 s 216
Wagering
within 10 days after receiving the notice. 1
(6) If a request is made to the chief executive, the chief executive must 2
deal with the request in the way prescribed under a regulation. 3
excessive gamblers 4
Banning
215.(1) This section applies if a general operator reasonably believes the 5
peace and happiness of a person's family are endangered because of 6
excessive wagering by the person. 7
(2) For 1 month after the general operator first forms the belief, the 8
operator must not allow the person, or another person the operator 9
reasonably suspects is acting for the person, to take part in approved 10
wagering at a place at which the operator is entitled to carry on the 11
operator's operations. 12
improper behaviour 13
Reporting
216.(1) This section applies if a general operator becomes aware, or 14
reasonably suspects, that-- 15
(a) a person, by a dishonest act, has obtained a benefit for the person 16
or another person in relation to approved wagering involving the 17
operator; or 18
(b) there has been a contravention of this Act, in relation to approved 19
wagering involving the operator, by a wagering agent, an 20
employee of a wagering agent or another person. 21
(2) Within 3 days of becoming aware of, or suspecting, the dishonest act 22
or contravention, the general operator must give the chief executive a written 23
notice advising the chief executive of all facts known to the operator about 24
the matter. 25
Maximum penalty--200 penalty units or 2 years imprisonment. 26
(3) A person must not mistreat another person because-- 27
(a) the other person has given, or may give, a notice under this 28
section; or 29
(b) the person believes the other person has given, or may give, a 30
notice under this section. 31
s 217 113 s 218
Wagering
Maximum penalty--200 penalty units or 2 years imprisonment. 1
(4) In this section-- 2
"dishonest act" means fraud, misrepresentation or theft. 3
"mistreat" a person means-- 4
(a) end the person's employment or prejudice the career of the 5
person in another way; or 6
(b) prejudice the safety of the person; or 7
(c) intimidate or harass the person. 8
Division 3--Wagering offences 9
10
Cheating
217.(1) A person must not, in relation to approved wagering, dishonestly 11
obtain a benefit by-- 12
(a) an act, practice or scheme; or 13
(b) the use of a thing. 14
Maximum penalty--200 penalty units or 2 years imprisonment. 15
(2) For subsection (1), a person obtains a benefit if the person obtains for 16
the person or another person, or induces a person to deliver, give or credit to 17
the person or another person, any money, benefit, advantage, valuable 18
consideration or security. 19
and deception 20
Forgery
218.(1) A person must not-- 21
(a) forge an official wagering document; or 22
(b) knowingly utter a forged official wagering document. 23
Maximum penalty--200 penalty units or 2 years imprisonment. 24
(2) A person must not connive at the commission of an offence against 25
subsection (1). 26
s 219 114 s 219
Wagering
Maximum penalty--200 penalty units or 2 years imprisonment. 1
(3) A person forges a document if the person makes a false document, 2
knowing it to be false, with the intention that-- 3
(a) it may be used or acted on to the prejudice or benefit of a person; 4
or 5
(b) a person may, in the belief that it is genuine, be induced to do, or 6
refrain from doing, something. 7
(4) Without limiting subsection (3), a genuine document may become a 8
false document because of-- 9
(a) an alteration of the document in a material respect; or 10
(b) an addition to the body of the document in a material respect; or 11
(c) an addition of a false date, signature, attestation, seal or other 12
material matter. 13
(5) A person utters a document if the person-- 14
(a) uses or deals with the document; or 15
(b) attempts to use or deal with the document; or 16
(c) induces a person to use, deal with or act on the document; or 17
(d) attempts to induce a person to use, deal with or act on the 18
document. 19
certain persons 20
Impersonating
219.(1) A person must not pretend to be a wagering agent, key person 21
licensee or wagering official. 22
Maximum penalty--200 penalty units or 2 years imprisonment. 23
(2) A person must not connive at the commission of an offence against 24
subsection (1). 25
Maximum penalty for subsection (2)--200 penalty units or 2 years 26
imprisonment. 27
s 220 115 s 221
Wagering
1
Bribery
220.(1) A wagering official must not ask for, receive or obtain, or agree 2
to receive or obtain, any money, property or benefit of any kind for the 3
official or another person for an improper purpose. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
(2) A person must not give, confer or obtain, or promise or offer to give, 6
confer or obtain, any money, property or benefit of any kind to, on or for a 7
wagering official or another person for an improper purpose. 8
Maximum penalty--200 penalty units or 2 years imprisonment. 9
(3) A wagering official or other person does an act mentioned in 10
subsection (1) or (2) for an improper purpose if the official or other person 11
does the act-- 12
(a) for the official to forego or neglect the official's functions under 13
this Act, or to influence the official in the performance of the 14
official's functions under this Act; or 15
(b) because of anything already done or omitted to be done, or to be 16
afterwards done or omitted to be done, by the official in the 17
performance of the official's functions under this Act; or 18
(c) for the official to use, or take advantage of, the official's office 19
improperly to gain a benefit or advantage for, or facilitate the 20
commission of an offence by-- 21
(i) if the act is done by the official--another person; or 22
(ii) if the act is done by another person--that person or another 23
person. 24
officials and licensees 25
Restricted
221.(1) The chief executive may-- 26
(a) declare a wagering official to be a restricted official; or 27
(b) declare a key person licensee to be a restricted licensee. 28
(2) However, a declaration may be made only if the chief executive 29
considers it appropriate to make the declaration in the public interest. 30
s 222 116 s 224
Wagering
(3) A declaration must be made by written notice given to the wagering 1
official or key person licensee. 2
to restricted officials and licensees 3
Directions
222.(1) The chief executive may direct a restricted official or licensee not 4
to participate in-- 5
(a) approved wagering; or 6
(b) approved wagering except in stated circumstances or for stated 7
purposes. 8
(2) Also, the chief executive may direct a restricted official not to have a 9
financial relationship with a general operator. 10
(3) However, a direction may be given only if the chief executive 11
considers it appropriate to give the direction in the public interest. 12
(4) A direction must be given by written notice given to the restricted 13
official or licensee. 14
to comply with direction about wagering 15
Requirement
223. A restricted official or licensee must not participate in wagering in 16
contravention of a direction given by the chief executive under section 222. 17
Maximum penalty--40 penalty units. 18
of restricted officials with general operators 19
Relationship
224.(1) This section applies if a restricted official has been given a 20
direction by the chief executive not to have a financial relationship with a 21
general operator. 22
(2) The restricted official must not-- 23
(a) accept or solicit employment from a general operator; or 24
(b) be an employee in any capacity of a general operator; or 25
(c) knowingly have, directly or indirectly-- 26
(i) a business or financial association with a general operator; or 27
s 225 117 s 225
Wagering
(ii) a business or financial interest together with a general 1
operator. 2
Maximum penalty--40 penalty units. 3
(3) For 1 year after ceasing to be a restricted official, the person must not, 4
without the chief executive's approval-- 5
(a) accept or solicit employment from a general operator; or 6
(b) be an employee in any capacity of a general operator; or 7
(c) knowingly have, directly or indirectly-- 8
(i) a business or financial association with a general operator; or 9
(ii) a business or financial interest together with a general 10
operator. 11
Maximum penalty for subsection (3)--40 penalty units. 12
of restricted officials with prospective authority 13
Relationship
operators 14
225.(1) This section applies if a restricted official knowingly has, directly 15
or indirectly-- 16
(a) a business or financial association with another person who is a 17
prospective authority operator; or 18
(b) a business or financial interest together with another person who 19
is a prospective authority operator. 20
(2) However, this section applies only if the restricted official has been 21
given a direction by the chief executive not to have a financial relationship 22
with a general operator. 23
(3) Immediately after the restricted official becomes aware that the other 24
person is a prospective authority operator, the official must give written 25
notice of the official's association or interest to the chief executive. 26
Maximum penalty--40 penalty units. 27
(4) The chief executive may, by written notice given to the restricted 28
official, direct the official to end the association, or give up the interest, 29
within the time stated in the notice. 30
s 226 118 s 226
Wagering
(5) However, the chief executive may give the direction only if the chief 1
executive considers it appropriate to take the action in the public interest. 2
(6) A restricted official to whom a direction is given must comply with 3
the direction within the time stated in the notice. 4
Maximum penalty--40 penalty units. 5
(7) In this section-- 6
"prospective authority operator" means-- 7
(a) a person who has applied for a wagering authority but whose 8
application has not yet been decided; or 9
(b) a proposed wagering manager. 10
of general operators with restricted officials 11
Relationship
226.(1) This section applies to a general operator if a restricted official 12
has been given a direction by the chief executive not to have a financial 13
relationship with a general operator. 14
(2) However, this section applies only if the general operator knows, or 15
ought reasonably to know, that the restricted official has been given the 16
direction. 17
(3) The general operator must not-- 18
(a) employ the restricted official in any capacity; or 19
(b) knowingly have, directly or indirectly-- 20
(i) a business or financial association with the restricted official; 21
or 22
(ii) a business or financial interest together with the restricted 23
official. 24
Maximum penalty--40 penalty units. 25
(4) For 1 year after the person ceases to be a restricted official, the 26
general operator must not, without the chief executive's approval-- 27
(a) employ the person in any capacity; or 28
(b) knowingly have, directly or indirectly-- 29
s 227 119 s 228
Wagering
(i) a business or financial association with the person; or 1
(ii) a business or financial interest together with the person. 2
Maximum penalty for subsection (4)--40 penalty units. 3
by minors prohibited 4
Participation
227.(1) A person involved in the conduct of approved wagering must 5
not, in relation to the conduct of the wagering-- 6
(a) accept a bet from, or give a ticket or other acknowledgment for a 7
bet to, a minor; or 8
(b) allow a minor to establish an account for conducting betting by 9
telephone; or 10
(c) otherwise allow a minor to take part in wagering. 11
Maximum penalty--40 penalty units. 12
(2) It is a defence to a charge against subsection (1) to prove that the 13
defendant had no reason to believe, and did not believe, that the person 14
whose age is material to the offence was a minor. 15
of minors prohibited 16
Employment
228. A general operator must not, in relation to the conduct of approved 17
wagering-- 18
(a) employ a minor to sell or give a ticket or other acknowledgment 19
for a bet to a person; or 20
(b) employ a minor in any other capacity. 21
Maximum penalty--40 penalty units. 22
s 229 120 s 231
Wagering
PART 12--INVESTIGATION AND ENFORCEMENT 1
1--Inspectors 2
Division
3
Appointment
229. The chief executive may appoint as inspectors-- 4
(a) public service officers or employees; or 5
(b) other persons prescribed under a regulation. 6
for appointment 7
Qualifications
230.(1) The chief executive may appoint a person as an inspector only 8
if-- 9
(a) the chief executive considers the person has the necessary 10
expertise or experience to be an inspector; or 11
(b) the person has satisfactorily finished training approved by the 12
chief executive. 13
(2) Also, the chief executive may appoint a person as an inspector only if 14
the chief executive is satisfied the person is a suitable person to be an 15
inspector, having regard to-- 16
(a) the person's character; and 17
(b) the person's current financial position and financial background. 18
(3) The chief executive may investigate a person to help the chief 19
executive decide whether the person is a suitable person to be an inspector. 20
program 21
Audit
231.(1) The Minister may approve an audit program for investigating 22
inspectors. 23
(2) The chief executive may investigate an inspector under an approved 24
audit program to help the chief executive decide whether the inspector is a 25
suitable person to be an inspector, having regard to-- 26
s 232 121 s 233
Wagering
(a) the inspector's character; and 1
(b) the inspector's current financial position and financial 2
background. 3
(3) However, an inspector may be investigated under an approved audit 4
program only if there has not been an investigation of the inspector under 5
the program within the preceding 2 years. 6
(4) The chief executive is responsible for ensuring an investigation under 7
an approved audit program is conducted under the program. 8
history reports for investigations 9
Criminal
232.(1) If the chief executive in investigating a person under section 230 10
or 231 asks the commissioner of the police service for a written report on 11
the person's criminal history, the commissioner must give the report to the 12
chief executive. 13
(2) The report is to contain-- 14
(a) relevant information in the commissioner's possession; and 15
(b) relevant information the commissioner can reasonably obtain by 16
asking officials administering police services in other Australian 17
jurisdictions; and 18
(c) other relevant information to which the commissioner has access. 19
20
Powers
233.(1) An inspector has the powers given under this Act. 21
(2) An inspector is subject to the directions of the chief executive in 22
exercising the powers. 23
(3) An inspector's powers may be limited-- 24
(a) under a condition of appointment; or 25
(b) by written notice given by the chief executive to the inspector. 26
s 234 122 s 236
Wagering
conditions 1
Appointment
234.(1) An inspector holds office on the conditions stated in the 2
instrument of appointment. 3
(2) An inspector ceases holding office-- 4
(a) if the appointment provides for a term of appointment--at the end 5
of the term; and 6
(b) if the conditions of appointment provide--on ceasing to hold 7
another office (the "main office") stated in the appointment 8
conditions. 9
(3) An inspector may resign by signed notice of resignation given to the 10
chief executive. 11
(4) However, an inspector may not resign from the office of inspector 12
(the "secondary office") if a term of the inspector's employment to the 13
main office requires the inspector to hold the secondary office. 14
cards 15
Identity
235.(1) The chief executive must give each inspector an identity card. 16
(2) The identity card must-- 17
(a) contain a recent photograph of the inspector; and 18
(b) be signed by the inspector; and 19
(c) include an expiry date; and 20
(d) identify the person as an inspector under this Act. 21
to return identity card 22
Failure
236. A person who ceases to be an inspector must return the person's 23
identity card to the chief executive as soon as practicable (but within 24
21 days) after ceasing to be an inspector, unless the person has a reasonable 25
excuse. 26
Maximum penalty--40 penalty units. 27
s 237 123 s 239
Wagering
or display of identity card 1
Production
237.(1) An inspector may exercise a power in relation to someone else 2
(the "other person") only if the inspector-- 3
(a) first produces the inspector's identity card for the other person's 4
inspection; or 5
(b) has the identity card displayed so it is clearly visible to the other 6
person. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the inspector must produce the 9
identity card for the other person's inspection at the first reasonable 10
opportunity. 11
Division 2--Powers of inspectors 12
1--Power to enter places 13
Subdivision
without consent or warrant 14
Entry
238. An inspector may, without the occupier's consent or a warrant, 15
enter-- 16
(a) a public place; or 17
(b) a place where approved wagering is being, or is about to be, 18
conducted; or 19
(c) a place where a general operator carries on business at any time 20
when the place is open for carrying on business or otherwise 21
open for entry; or 22
(d) the land around premises to ask its occupier for consent to enter 23
the premises. 24
with consent or warrant 25
Entry
239. Unless an inspector is authorised to enter a place under section 238, 26
an inspector may enter a place only if-- 27
s 240 124 s 241
Wagering
(a) its occupier consents to the entry; or 1
(b) the entry is authorised by a warrant. 2
Subdivision 2--Consents and warrants for entry 3
to entry 4
Consent
240.(1) This section applies if an inspector intends to ask an occupier of a 5
place to consent to the inspector or another inspector entering the place. 6
(2) Before asking for the consent, the inspector must tell the occupier-- 7
(a) the purpose of the entry; and 8
(b) that the occupier is not required to consent. 9
(3) If the consent is given, the inspector may ask the occupier to sign an 10
acknowledgment of the consent (a "consent acknowledgment"). 11
(4) The acknowledgment must state-- 12
(a) the occupier has been told-- 13
(i) the purpose of the entry; and 14
(ii) that the occupier is not required to consent; and 15
(b) the purpose of the entry; and 16
(c) the occupier gives the inspector consent to enter the place and 17
exercise powers under this part; and 18
(d) the time and date the consent was given. 19
(5) If the occupier signs a consent acknowledgment, the inspector must 20
promptly give a copy to the occupier. 21
of consent 22
Evidence
241.(1) Subsection (2) applies if-- 23
(a) an issue arises in a court proceeding whether the occupier of a 24
place consented to an inspector entering the place under this part; 25
and 26
s 242 125 s 243
Wagering
(b) a consent acknowledgment is not produced in evidence for the 1
entry; and 2
(c) it is not proved the occupier consented to the entry. 3
(2) The court may presume the occupier did not consent. 4
for warrant 5
Application
242.(1) An inspector may apply to a magistrate for a warrant for a place. 6
(2) The application must be sworn and state the grounds on which the 7
warrant is sought. 8
(3) The magistrate may refuse to consider the application until the 9
inspector gives the magistrate all the information the magistrate requires 10
about the application in the way the magistrate requires. 11
12
Example--
13
The magistrate may require additional information supporting the application to
14
be given by statutory declaration.
of warrant 15
Issue
243.(1) The magistrate may issue a warrant only if the magistrate is 16
satisfied there are reasonable grounds for suspecting-- 17
(a) there is a particular thing or activity (the "evidence") that may 18
provide evidence of an offence against this Act; and 19
(b) the evidence is at the place, or may be at the place, within the next 20
7 days. 21
(2) The warrant must state-- 22
(a) that a stated inspector may, with necessary and reasonable help 23
and force, enter the place and exercise the inspector's powers 24
under this part; and 25
(b) the offence for which the warrant is sought; and 26
(c) the evidence that may be seized under the warrant; and 27
(d) the hours of the day or night when the place may be entered; and 28
s 244 126 s 244
Wagering
(e) the date, within 14 days after the warrant's issue, the warrant 1
ends. 2
warrants 3
Special
244.(1) An inspector may apply for a warrant (a "special warrant") by 4
phone, fax, radio or another form of communication if the inspector 5
considers it necessary because of-- 6
(a) urgent circumstances; or 7
(b) other special circumstances, including, for example, the 8
inspector's remote location. 9
(2) Before applying for the warrant, the inspector must prepare an 10
application stating the grounds on which the warrant is sought. 11
(3) The inspector may apply for the warrant before the application is 12
sworn. 13
(4) After issuing the warrant, the magistrate must promptly fax a copy to 14
the inspector if it is reasonably practicable to fax the copy. 15
(5) If it is not reasonably practicable to fax a copy to the inspector-- 16
(a) the magistrate must tell the inspector-- 17
(i) what the terms of the warrant are; and 18
(ii) the date and time the warrant was issued; and 19
(b) the inspector must complete a form of warrant (a "warrant 20
form") and write on it-- 21
(i) the magistrate's name; and 22
(ii) the date and time the magistrate issued the warrant; and 23
(iii) the terms of the warrant. 24
(6) The facsimile warrant, or the warrant form properly completed by the 25
inspector, authorises the entry and the exercise of the other powers stated in 26
the warrant issued by the magistrate. 27
(7) The inspector must, at the first reasonable opportunity, send to the 28
magistrate-- 29
(a) the sworn application; and 30
s 245 127 s 246
Wagering
(b) if the inspector completed a warrant form--the completed 1
warrant form. 2
(8) On receiving the documents, the magistrate must attach them to the 3
warrant. 4
about special warrants 5
Evidence
245.(1) Subsection (2) applies if-- 6
(a) an issue arises in a court proceeding whether a power exercised 7
by an inspector was not authorised by a special warrant; and 8
(b) the warrant is not produced in evidence. 9
(2) The court must presume the exercise of the power was not authorised 10
by a special warrant, unless the contrary is proved. 11
Subdivision 3--General powers 12
powers after entering places 13
General
246.(1) This section applies to an inspector who enters a place. 14
(2) However, if an inspector enters a place to get the occupier's consent 15
to enter premises, this section applies to the inspector only if the consent is 16
given or the entry is otherwise authorised. 17
(3) For monitoring or enforcing compliance with this Act, the inspector 18
may-- 19
(a) search any part of the place; or 20
(b) inspect, measure, test, photograph or film any part of the place or 21
anything at the place; or 22
(c) take a thing, or a sample of or from a thing, at the place for 23
analysis or testing; or 24
(d) copy a document at the place; or 25
(e) access, electronically or in some other way, a system used at the 26
place for conducting approved wagering or for administrative 27
purposes related to the conduct of approved wagering; or 28
s 247 128 s 248
Wagering
(f) take into or onto the place any person, equipment and materials 1
the inspector reasonably requires for exercising a power under 2
this part; or 3
(g) require the occupier of the place, or a person at the place, to give 4
the inspector reasonable help to exercise the inspector's powers 5
under paragraphs (a) to (f); or 6
(h) require the occupier of the place, or a person at the place, to give 7
the inspector information to help the inspector ascertain whether 8
this Act is being complied with. 9
(4) When making a requirement mentioned in subsection (3)(g) or (h), 10
the inspector must warn the person it is an offence to fail to comply with the 11
requirement, unless the person has a reasonable excuse. 12
to help inspector 13
Failure
247.(1) A person required to give reasonable help under 14
section 246(3)(g) must comply with the requirement, unless the person has 15
a reasonable excuse. 16
Maximum penalty--40 penalty units. 17
(2) If the requirement is to be complied with by the person giving 18
information, or producing a document (other than a document required to 19
be kept by the person under this Act), it is a reasonable excuse for the 20
person to fail to comply with the requirement, if complying with the 21
requirement might tend to incriminate the person. 22
to give information 23
Failure
248.(1) A person of whom a requirement is made under 24
section 246(3)(h) must comply with the requirement, unless the person has 25
a reasonable excuse. 26
Maximum penalty--40 penalty units. 27
(2) It is a reasonable excuse for the person to fail to comply with the 28
requirement if complying with the requirement might tend to incriminate 29
the person. 30
s 249 129 s 250
Wagering
Subdivision 4--Power to seize evidence 1
evidence at place that may be entered without consent or 2
Seizing
warrant 3
249. An inspector who enters a place that may be entered under this part 4
without the consent of the occupier and without a warrant, may seize a thing 5
at the place if the inspector reasonably believes the thing is evidence of an 6
offence against this Act. 7
evidence at place that may only be entered with consent or 8
Seizing
warrant 9
250.(1) This section applies if-- 10
(a) an inspector is authorised to enter a place under this part only with 11
the consent of the occupier or a warrant; and 12
(b) the inspector enters the place after obtaining the necessary consent 13
or warrant. 14
(2) If the inspector enters the place with the occupier's consent, the 15
inspector may seize a thing at the place if-- 16
(a) the inspector reasonably believes the thing is evidence of an 17
offence against this Act; and 18
(b) seizure of the thing is consistent with the purpose of entry as told 19
to the occupier when asking for the occupier's consent. 20
(3) If the inspector enters the place with a warrant, the inspector may 21
seize the evidence for which the warrant was issued. 22
(4) The inspector also may seize anything else at the place if the inspector 23
reasonably believes-- 24
(a) the thing is evidence of an offence against this Act; and 25
(b) the seizure is necessary to prevent the thing being-- 26
(i) hidden, lost or destroyed; or 27
(ii) used to continue, or repeat, the offence. 28
(5) Also, the inspector may seize a thing at the place if the inspector 29
s 251 130 s 253
Wagering
reasonably believes it has just been used in committing an offence against 1
this Act. 2
things after seizure 3
Securing
251. Having seized a thing, an inspector may-- 4
(a) move the thing from the place where it was seized (the "place of 5
seizure"); or 6
(b) leave the thing at the place of seizure but take reasonable action to 7
restrict access to it. 8
9
Examples of restricting access to a thing--
10
1. Sealing a thing and marking it to show access to it is restricted.
11
2. Sealing the entrance to a room where the thing is situated and marking it to
12
show access to it is restricted.
with things subject to seizure 13
Tampering
252. If an inspector restricts access to a thing subject to seizure, a person 14
must not tamper, or attempt to tamper, with the thing, or something 15
restricting access to the thing, without an inspector's approval. 16
Maximum penalty--40 penalty units. 17
to support seizure 18
Powers
253.(1) To enable a thing to be seized, an inspector may require the 19
person in control of it-- 20
(a) to take it to a stated reasonable place by a stated reasonable time; 21
and 22
(b) if necessary, to remain in control of it at the stated place for a 23
reasonable time. 24
(2) The requirement-- 25
(a) must be made by notice in the approved form; or 26
(b) if for any reason it is not practicable to give notice in the approved 27
form--may be made orally and confirmed by notice in the 28
s 254 131 s 255
Wagering
approved form as soon as practicable. 1
(3) A person of whom a requirement is made must comply with the 2
requirement, unless the person has a reasonable excuse. 3
Maximum penalty--40 penalty units. 4
(4) A further requirement may be made under this section about the 5
same thing if it is necessary and reasonable to make the further requirement. 6
to be given on seizure 7
Receipts
254.(1) As soon as practicable after an inspector seizes a thing, the 8
inspector must give a receipt for it to the person from whom it was seized. 9
(2) However, if for any reason it is not practicable to comply with 10
subsection (1), the inspector must leave the receipt at the place of seizure in 11
a conspicuous position and in a reasonably secure way. 12
(3) The receipt must describe generally each thing seized and its 13
condition. 14
(4) This section does not apply to a thing if it is impracticable or would 15
be unreasonable to give the receipt (given the thing's nature, condition and 16
value). 17
18
Forfeiture
255.(1) A thing that has been seized under this part is forfeited to the 19
State if the inspector who seized the thing-- 20
(a) cannot find its owner, after making reasonable inquiries; or 21
(b) cannot return it to its owner, after making reasonable efforts; or 22
(c) reasonably believes it is necessary to retain the thing to prevent it 23
being used to commit an offence against this Act. 24
(2) In applying subsection (1)-- 25
(a) subsection (1)(a) does not require the inspector to make inquiries 26
if it would be unreasonable to make inquiries to find the owner; 27
and 28
(b) subsection (1)(b) does not require the inspector to make efforts if 29
s 256 132 s 256
Wagering
it would be unreasonable to make efforts to return the thing to its 1
owner. 2
(3) If a thing is forfeited because of a decision of the inspector under 3
subsection (1)(c), the inspector must tell the owner of the decision by 4
written notice. 5
(4) Subsection (3) does not apply if-- 6
(a) the inspector cannot find the owner, after making reasonable 7
inquiries; or 8
(b) it is impracticable or would be unreasonable to give the notice. 9
(5) The notice must state-- 10
(a) the reasons for the decision; and 11
(b) that the owner may appeal against the decision to the Gaming 12
Commission within 28 days; and 13
(c) how the appeal may be made; and 14
(d) that the owner may apply for a stay of the decision if the owner 15
appeals against the decision. 16
(6) Regard must be had to a thing's nature, condition and value-- 17
(a) in deciding-- 18
(i) whether it is reasonable to make inquiries or efforts; and 19
(ii) if making inquiries or efforts--what inquiries or efforts are 20
reasonable; or 21
(b) in deciding whether it would be unreasonable to give notice about 22
a thing. 23
of things that have been seized 24
Return
256.(1) If a thing has been seized but not forfeited, the inspector must 25
return it to its owner-- 26
(a) at the end of 6 months; or 27
(b) if a proceeding for an offence involving the thing is started within 28
6 months--at the end of the proceeding and any appeal from the 29
proceeding. 30
s 257 133 s 259
Wagering
(2) Despite subsection (1), unless the thing has been forfeited, the 1
inspector must promptly return a thing seized as evidence to its owner if the 2
inspector stops being satisfied its continued retention as evidence is 3
necessary. 4
to things that have been seized 5
Access
257.(1) Until a thing that has been seized is forfeited or returned, an 6
inspector must allow its owner to inspect it and, if it is a document, to copy 7
it. 8
(2) Subsection (1) does not apply if it is impracticable or would be 9
unreasonable to allow the inspection or copying. 10
5--Power to give directions to stop using things 11
Subdivision
to stop using thing 12
Direction
258.(1) This section applies if an inspector reasonably believes-- 13
(a) a thing used in the conduct of approved wagering is 14
unsatisfactory for the purpose for which it is used; and 15
(b) the continued use of the thing may-- 16
(i) jeopardise the integrity of the conduct of approved wagering; 17
or 18
(ii) adversely affect the public interest. 19
(2) The inspector may direct the person who has, or reasonably appears 20
to have, authority to exercise control over the thing to stop using the thing, 21
or allowing the thing to be used, in the conduct of approved wagering. 22
about stop directions 23
Requirements
259.(1) A direction given to a person under section 258 (a "stop 24
direction") may be given orally or by written notice (a "stop notice"). 25
(2) However, if the direction is given orally, it must be confirmed by 26
written notice (also a "stop notice") given to the person as soon as 27
practicable. 28
s 260 134 s 261
Wagering
(3) A stop direction may be given for a thing at a place occupied by a 1
general operator or another person involved in the conduct of approved 2
wagering. 3
(4) A stop direction does not apply to a use of the thing carried out for 4
repairing or testing the thing. 5
(5) A stop notice must state-- 6
(a) the grounds on which the inspector believes the thing is 7
unsatisfactory; and 8
(b) the circumstances (if any) under which the stop direction may be 9
cancelled. 10
to comply with stop direction 11
Failure
260. A person to whom a stop direction is given must comply with the 12
direction. 13
Maximum penalty--40 penalty units. 14
6--Power to obtain information 15
Subdivision
to require name and address 16
Power
261.(1) This section applies if-- 17
(a) an inspector finds a person committing an offence against this 18
Act; or 19
(b) an inspector finds a person in circumstances that lead, or has 20
information that leads, the inspector reasonably to suspect the 21
person has just committed an offence against this Act. 22
(2) The inspector may require the person to state the person's name and 23
residential address. 24
(3) When making the requirement, the inspector must warn the person it 25
is an offence to fail to state the person's name or residential address, unless 26
the person has a reasonable excuse. 27
(4) The inspector may require the person to give evidence of the 28
correctness of the stated name or residential address if the inspector 29
s 262 135 s 263
Wagering
reasonably suspects the stated name or address to be false. 1
(5) A requirement under subsection (2) or (4) is called a "personal 2
details requirement". 3
to give name or address 4
Failure
262.(1) A person of whom a personal details requirement is made must 5
comply with the requirement, unless the person has a reasonable excuse. 6
Maximum penalty--40 penalty units. 7
(2) A person does not commit an offence against subsection (1) if-- 8
(a) the person was required to state the person's name and residential 9
address by an inspector who suspected the person had committed 10
an offence against this Act; and 11
(b) the person is not proved to have committed the offence. 12
to require production of documents 13
Power
263.(1) An inspector may require a person to make available for 14
inspection by an inspector, or produce to the inspector for inspection, at a 15
reasonable time and place nominated by the inspector-- 16
(a) a document issued to the person under this Act; or 17
(b) a document required to be kept by the person under this Act; or 18
(c) if the person is a general operator--a document kept by the 19
operator about the conduct of approved wagering involving the 20
operator. 21
(2) The inspector may keep the document to copy it. 22
(3) If the inspector copies the document, or an entry in the document, the 23
inspector may require the person responsible for keeping the document to 24
certify the copy as a true copy of the document or entry. 25
(4) The inspector must return the document to the person as soon as 26
practicable after copying it. 27
(5) However, if a requirement (a "document certification 28
requirement") is made of a person under subsection (3), the inspector may 29
s 264 136 s 266
Wagering
keep the document until the person complies with the requirement. 1
(6) A requirement under subsection (1) is called a "document 2
production requirement". 3
to produce document 4
Failure
264.(1) A person of whom a document production requirement is made 5
must comply with the requirement, unless the person has a reasonable 6
excuse. 7
Maximum penalty--40 penalty units. 8
(2) It is a reasonable excuse for a person not to comply with a document 9
production requirement if complying with the requirement might tend to 10
incriminate the person. 11
to certify copy of document 12
Failure
265. A person of whom a document certification requirement is made 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty--40 penalty units. 16
to require attendance of persons 17
Power
266.(1) An inspector may require a person, or an executive officer of a 18
corporation, of whom a document production requirement has been made 19
to attend before the inspector to answer questions or give information about 20
the document to which the requirement relates. 21
(2) An inspector may require any of the following persons to attend 22
before the inspector to answer questions or give information about an 23
authority operator's operations-- 24
(a) the authority operator or, if the operator is a corporation, an 25
executive officer of the operator; 26
(b) a licensed employee employed by the authority operator; 27
(c) if the authority operator is a licence operator--a wagering agent 28
appointed by the operator or, if the wagering agent is a 29
s 267 137 s 267
Wagering
corporation, an executive officer of the corporation; 1
(d) an employee of a wagering agent mentioned in paragraph (c); 2
(e) another person associated with the operations, or management of 3
the operations, of-- 4
(i) the authority operator; or 5
(ii) a wagering agent mentioned in paragraph (c). 6
(3) An inspector may require any of the following persons to attend 7
before the inspector to answer questions or give information about a 8
wagering agent's operations-- 9
(a) the wagering agent or, if the agent is a corporation, an executive 10
officer of the agent; 11
(b) an employee of the wagering agent; 12
(c) the licence operator by whom the agent is appointed or, if the 13
licence operator is a corporation, an executive officer of the 14
corporation; 15
(d) another person associated with the operations, or management of 16
the operations, of-- 17
(i) the wagering agent; or 18
(ii) the licence operator mentioned in paragraph (c). 19
(4) A requirement made of a person under this section must-- 20
(a) be made by written notice given to the person; and 21
(b) state a reasonable time and place for the person's attendance. 22
(5) When making the requirement, the inspector must warn the person it 23
is an offence to fail to comply with the requirement, unless the person has a 24
reasonable excuse. 25
to comply with requirement about attendance 26
Failure
267.(1) A person of whom a requirement is made under section 266 27
must not, unless the person has a reasonable excuse-- 28
(a) fail to attend before the inspector at the time and place stated in the 29
relevant notice; or 30
s 268 138 s 269
Wagering
(b) when attending before the inspector-- 1
(i) fail to comply with a requirement to answer a question or 2
give information; or 3
(ii) state anything the person knows to be false or misleading in 4
a material particular. 5
Maximum penalty--40 penalty units. 6
(2) It is a reasonable excuse for a person to fail to comply with a 7
requirement to answer a question or give information if complying with the 8
requirement might tend to incriminate the person. 9
to require financial records 10
Power
268.(1) This section applies to a person who is the manager or other 11
principal officer at a place of business of a financial institution at which a 12
general operator keeps an account relating to the operator's operations. 13
(2) An inspector may, by written notice given to the person, require the 14
person to give to the inspector, within the time (not less than 7 days) stated 15
in the notice-- 16
(a) a statement of account for the account; or 17
(b) copies of cheques or other records relevant to the account; or 18
(c) other particulars or documents relevant to the account stated in the 19
notice. 20
(3) An inspector may make a requirement under subsection (2) 21
(a "financial records requirement") only with the written approval of the 22
chief executive. 23
of compliance with financial records requirement 24
Effect
269.(1) No liability for breach of trust or on any other basis attaches to a 25
person who is the manager or other principal officer at a place of business 26
of a financial institution merely because the person complies with a financial 27
records requirement. 28
(2) No liability for breach of trust or on any other basis attaches to a 29
financial institution merely because a person who is the manager or other 30
s 270 139 s 271
Wagering
principal officer at a place of business of the institution complies with a 1
financial records requirement. 2
to comply with financial records requirement 3
Failure
270. A person of whom a financial records requirement is made must 4
comply with the requirement within the time stated in the relevant notice, 5
unless the person has a reasonable excuse. 6
Maximum penalty--40 penalty units. 7
Division 3--Powers of Minister 8
about management practice 9
Direction
271.(1) This section applies if the Minister reasonably believes-- 10
(a) the management, supervision or control of a part of a general 11
operator's operations (the "management practice") is 12
unsatisfactory; and 13
(b) the management practice may-- 14
(i) compromise proper standards of integrity in the conduct of 15
approved wagering; or 16
(ii) adversely affect the public interest in some other way. 17
(2) The Minister may direct the general operator to stop, or change, the 18
management practice. 19
(3) The direction must-- 20
(a) be in writing; and 21
(b) state the grounds on which the Minister believes the management 22
practice is unsatisfactory; and 23
(c) if the person is required to change the management 24
practice--clearly describe how the practice is to be changed; and 25
(d) state when the person is required to comply with the direction. 26
(4) A person to whom a direction is given must comply with the 27
s 272 140 s 274
Wagering
direction, unless the person has a reasonable excuse. 1
Maximum penalty for subsection (4)--40 penalty units. 2
Division 4--General enforcement matters 3
on conviction 4
Forfeiture
272.(1) On conviction of a person for an offence against this Act, the 5
court may order the forfeiture to the State of-- 6
(a) anything used to commit the offence; or 7
(b) anything else the subject of the offence. 8
(2) The court may make the order-- 9
(a) whether or not the thing has been seized; and 10
(b) if the thing has been seized--whether or not the thing has been 11
returned to its owner. 12
(3) The court may make any order to enforce the forfeiture it considers 13
appropriate. 14
(4) This section does not limit the court's powers under the Penalties 15
and Sentences Act 1992 or another law. 16
with forfeited things 17
Dealing
273.(1) On the forfeiture of a thing to the State, the thing becomes the 18
State's property and may be dealt with by the chief executive as the chief 19
executive considers appropriate. 20
(2) Without limiting subsection (1), the chief executive may destroy the 21
thing. 22
of damage 23
Notice
274.(1) This section applies if-- 24
(a) an inspector damages something when exercising or purporting 25
to exercise a power; or 26
s 275 141 s 275
Wagering
(b) a person (the "officiating person") acting under the direction of 1
an inspector damages something. 2
(2) The inspector must promptly give written notice of particulars of the 3
damage to the person who appears to the inspector to be the owner of the 4
thing. 5
(3) If the inspector believes the damage was caused by a latent defect in 6
the thing or circumstances beyond the control of the inspector or officiating 7
person, the inspector may state the belief in the notice. 8
(4) If, for any reason, it is impracticable to comply with subsection (2), 9
the inspector must leave the notice in a conspicuous position and in a 10
reasonably secure way where the damage happened. 11
(5) This section does not apply to damage the inspector reasonably 12
considers trivial. 13
(6) In this section-- 14
"owner", of a thing, includes the person in possession or control of it. 15
16
Compensation
275.(1) A person may claim compensation from the State if the person 17
incurs loss or expense because of the exercise or purported exercise of a 18
power under any of the following subdivisions of division 25-- 19
· subdivision 1 (Power to enter places) 20
· subdivision 3 (General powers) 21
· subdivision 4 (Power to seize evidence) 22
· subdivision 6 (Power to obtain information). 23
(2) Without limiting subsection (1), compensation may be claimed for 24
loss or expense incurred in complying with a requirement made of the 25
person under the subdivision. 26
(3) Compensation may be claimed and ordered in a proceeding-- 27
(a) brought in a court with jurisdiction in proceedings for the 28
recovery of the amount of compensation claimed; or 29
5 Division 2 (Powers of inspectors)
s 276 142 s 277
Wagering
(b) for an offence against this Act brought against the person 1
claiming compensation. 2
(4) A court may order compensation to be paid only if it is satisfied it is 3
just to make the order in the circumstances of the particular case. 4
(5) A regulation may prescribe matters that may, or must, be taken into 5
account by the court when considering whether it is just to make the order. 6
officials from liability 7
Protecting
276.(1) In this section-- 8
"official" means-- 9
(a) the Minister; or 10
(b) the chief executive; or 11
(c) an inspector; or 12
(d) a person acting under the direction of an inspector. 13
(2) An official is not civilly liable for an act done, or omission made, 14
honestly and without negligence under this Act. 15
(3) If subsection (2) prevents a civil liability attaching to an official, the 16
liability attaches instead to the State. 17
Division 5--General enforcement offences 18
or misleading statements 19
False
277.(1) A person must not state anything to an inspector the person 20
knows to be false or misleading in a material particular. 21
Maximum penalty--40 penalty units. 22
(2) It is enough for a complaint for an offence against subsection (1) to 23
state that the statement made was false or misleading to the person's 24
knowledge. 25
s 278 143 s 279
Wagering
misleading or incomplete documents 1
False,
278.(1) A person must not give an inspector a document containing 2
information the person knows to be false, misleading or incomplete in a 3
material particular. 4
Maximum penalty--40 penalty units. 5
(2) Subsection (1) does not apply to a person if the person, when giving 6
the document-- 7
(a) tells the inspector, to the best of the person's ability, how it is 8
false, misleading or incomplete; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information--gives the correct information. 11
(3) Also, a person must not make an entry in a document required or 12
permitted to be made or kept under this Act knowing the entry to be false, 13
misleading or incomplete in a material particular. 14
Maximum penalty--40 penalty units. 15
(4) It is enough for a complaint for an offence against subsection (1) or 16
(3) to state that the document or entry was false, misleading or incomplete 17
to the person's knowledge. 18
inspectors 19
Obstructing
279.(1) A person must not obstruct an inspector in the exercise of a 20
power, unless the person has a reasonable excuse. 21
Maximum penalty--40 penalty units. 22
(2) If a person has obstructed an inspector and the inspector decides to 23
proceed with the exercise of the power, the inspector must warn the person 24
that-- 25
(a) it is an offence to obstruct the inspector, unless the person has a 26
reasonable excuse; and 27
(b) the inspector considers the person's conduct an obstruction. 28
s 280 144 s 283
Wagering
ART 13--LEGAL PROCEEDINGS 1
P
1--Evidence 2
Division
of division 3
Application
280. This division applies to a proceeding under this Act. 4
and authority 5
Appointments
281. It is not necessary to prove-- 6
(a) the chief executive's appointment; or 7
(b) an inspector's appointment; or 8
(c) the authority of the chief executive or an inspector to do anything 9
under this Act. 10
11
Signatures
282. A signature purporting to be the signature of the chief executive or 12
an inspector is evidence of the signature it purports to be. 13
aids 14
Evidentiary
283.(1) A certificate purporting to be signed by the chief executive stating 15
any of the following matters is evidence of the matter-- 16
(a) a stated document is one of the following things made, given, 17
issued or kept under this Act-- 18
(i) an appointment, approval or decision; 19
(ii) a notice, direction or requirement; 20
(iii) a licence; 21
(iv) a record, or an extract from a record; 22
(b) a stated document is another document kept under this Act; 23
(c) a stated document is a copy of a thing mentioned in paragraph (a) 24
s 284 145 s 284
Wagering
or (b); 1
(d) on a stated day, or during a stated period, a stated person was or 2
was not the holder of a licence; 3
(e) on a stated day, or during a stated period, a licence-- 4
(i) was or was not in force; or 5
(ii) was or was not subject to a stated condition; 6
(f) on a stated day, a licence was suspended for a stated period or 7
cancelled; 8
(g) on a stated day, or during a stated period, a stated appointment 9
(including a person's appointment as an inspector) or a stated 10
approval was, or was not, in force for a stated person or thing; 11
(h) on a stated day, a stated person was given a stated notice or 12
direction under this Act; 13
(i) on a stated day, a stated requirement was made of a stated person; 14
(j) a stated amount is payable under this Act by a stated person and 15
has not been paid; 16
(k) anything else prescribed under a regulation. 17
(2) In this section-- 18
"licence" means a wagering licence, oncourse wagering permit or key 19
person licence. 20
Division 2--Proceedings 21
and summary offences 22
Indictable
284.(1) An offence against section 217, 218 or 2206 is an indictable 23
offence. 24
(2) Any other offence against this Act is a summary offence. 25
6 Section 217 (Cheating), 218 (Forgery and deception) or 220 (Bribery)
s 285 146 s 286
Wagering
for indictable offences 1
Proceedings
285.(1) A proceeding for an indictable offence against this Act may be 2
taken, at the election of the prosecution-- 3
(a) by way of summary proceedings under the Justices Act 1886; or 4
(b) on indictment. 5
(2) A magistrate must not hear an indictable offence summarily if-- 6
(a) the defendant asks at the start of the hearing that the charge be 7
prosecuted on indictment; or 8
(b) the magistrate considers the charge should be prosecuted on 9
indictment. 10
(3) If subsection (2) applies-- 11
(a) the magistrate must proceed by way of an examination of 12
witnesses for an indictable offence; and 13
(b) a plea of the person charged at the start of the proceedings must 14
be disregarded; and 15
(c) evidence brought in the proceedings before the magistrate decided 16
to act under subsection (2) is taken to be evidence in the 17
proceeding for the committal of the person for trial or sentence; 18
and 19
(d) before committing the person for trial or sentence, the magistrate 20
must make a statement to the person as required by the Justices 21
Act 1886, section 104(2)(b).7 22
(4) The maximum penalty that may be summarily imposed for an 23
indictable offence is 165 penalty units. 24
on who may summarily hear indictable offence 25
Limitation
proceedings 26
286.(1) A proceeding must be before a magistrate if it is a proceeding-- 27
(a) for the summary conviction of a person on a charge of an 28
7 Section 104 (Proceedings upon an examination of witnesses in relation to an
indictable offence)
s 287 147 s 288
Wagering
indictable offence; or 1
(b) for an examination of witnesses for a charge of an indictable 2
offence. 3
(2) However, if a proceeding for an indictable offence is brought before a 4
justice who is not a magistrate, jurisdiction is limited to taking or making a 5
procedural action or order within the meaning of the Justices of the Peace 6
and Commissioners for Declarations Act 1991. 7
on time for starting summary proceedings 8
Limitation
287. A proceeding for an offence against this Act by way of summary 9
proceeding under the Justices Act 1886 may start at any time but, if started 10
more than 1 year after the commission of the offence, must start within 11
6 months after the offence comes to the complainant's knowledge. 12
for acts or omissions of representatives 13
Responsibility
288.(1) In this section-- 14
"representative" means-- 15
(a) of a corporation--an executive officer, employee or agent of the 16
corporation; or 17
(b) of an individual--an employee or agent of the individual. 18
"state of mind" of a person includes-- 19
(a) the person's knowledge, intention, opinion, belief or purpose; and 20
(b) the person's reasons for the intention, opinion, belief or purpose. 21
(2) Subsections (3) and (4) apply in a proceeding for an offence against 22
this Act. 23
(3) If it is relevant to prove a person's state of mind about a particular act 24
or omission, it is enough to show-- 25
(a) the act was done or omitted to be done by a representative of the 26
person within the scope of the representative's actual or apparent 27
authority; and 28
(b) the representative had the state of mind. 29
s 289 148 s 290
Wagering
(4) An act done or omitted to be done for a person by a representative of 1
the person within the scope of the representative's actual or apparent 2
authority is taken to have been done or omitted to be done also by the 3
person, unless the person proves the person could not, by the exercise of 4
reasonable diligence, have prevented the act or omission. 5
officers must ensure corporation complies with Act 6
Executive
289.(1) The executive officers of a corporation must ensure the 7
corporation complies with this Act. 8
(2) If a corporation commits an offence against a provision of this Act, 9
each of the corporation's executive officers also commits an offence, 10
namely, the offence of failing to ensure that the corporation complies with 11
the provision. 12
Maximum penalty for subsection (2)--the penalty for the contravention of 13
the provision by an individual. 14
(3) Evidence that the corporation has been convicted of an offence 15
against a provision of this Act is evidence that each of the executive officers 16
committed the offence of failing to ensure that the corporation complies 17
with the provision. 18
(4) However, it is a defence for an executive officer to prove-- 19
(a) if the officer was in a position to influence the conduct of the 20
corporation in relation to the offence--the officer exercised 21
reasonable diligence to ensure the corporation complied with the 22
provision; or 23
(b) the officer was not in a position to influence the conduct of the 24
corporation in relation to the offence. 25
to commit offences 26
Attempts
290.(1) A person who attempts to commit an offence against this Act 27
commits an offence. 28
s 291 149 s 293
Wagering
Maximum penalty for an attempt--half the maximum penalty for the 1
completed offence. 2
(2) The Criminal Code, section 48 applies to subsection (1). 3
ART 14--APPEALS AND REVIEWS 4
P
Division 1--Appeals 5
by authority operators 6
Appeals
291. An authority operator may appeal to the Gaming Commission 7
against the following decisions of the chief executive-- 8
· a decision under section 1299 suspending a key person licence 9
held by a licensed employee or key operator of the authority 10
operator 11
· a decision under section 129 cancelling a key person licence held 12
by a licensed employee or key operator of the authority operator. 13
by licence operators 14
Appeals
292. A licence operator may appeal to the Gaming Commission against a 15
decision of the chief executive under section 15910 directing the operator to 16
terminate an agency agreement entered into by the operator. 17
by applicants for key person licences 18
Appeals
293. An applicant for a key person licence may appeal to the Gaming 19
8 Section 4 (Attempts to commit offences)
9 Section 129 (Suspension and cancellation of licence after show cause process)
10 Section 159 (Direction to terminate agreement)
s 294 150 s 296
Wagering
Commission against a decision of the chief executive under section 10411 1
refusing to grant the application. 2
by key person licensees 3
Appeals
294. A key person licensee may appeal to the Gaming Commission 4
against the following decisions of the chief executive-- 5
· a decision under section 109 12 imposing a condition on the key 6
person licence 7
· a decision under section 11413 changing a condition of the key 8
person licence 9
· a decision under section 11614 refusing to grant an application to 10
replace the key person licence 11
· a decision under section 12915 suspending the key person licence 12
· a decision under section 129 cancelling the key person licence. 13
by wagering agents 14
Appeals
295. A wagering agent may appeal to the Gaming Commission against a 15
decision of the chief executive under section 15916 directing the licence 16
operator by whom the agent was appointed to terminate the agency 17
agreement. 18
about forfeiture of things that have been seized 19
Appeals
296. The owner of a thing seized by an inspector may appeal to the 20
11 Section 104 (Consideration of application)
12 Section 109 (Conditions of licence)
13 Section 114 (Changing conditions of licence)
14 Section 116 (Replacement of licence)
15 Section 129 (Suspension and cancellation of licence after show cause process)
16 Section 159 (Direction to terminate agreement)
s 297 151 s 298
Wagering
Gaming Commission against a decision of an inspector under section 25517 1
resulting in the thing being forfeited. 2
appeal 3
Starting
297.(1) An appeal is started by-- 4
(a) filing a written notice of appeal with the registrar of the Gaming 5
Commission; and 6
(b) serving a copy of the notice on the person (the "decision 7
maker") who made the decision appealed against. 8
(2) The notice of appeal must be filed within 28 days after the appellant 9
receives notice of the decision. 10
(3) The Gaming Commission may at any time extend the period for 11
filing the notice of appeal. 12
(4) The notice of appeal must state fully the grounds of the appeal and the 13
facts relied on. 14
of operation of decisions 15
Stay
298.(1) The Gaming Commission may grant a stay of the operation of a 16
decision appealed against to secure the effectiveness of the appeal. 17
(2) A stay-- 18
(a) may be given on conditions the Gaming Commission considers 19
appropriate; and 20
(b) operates for the period fixed by the commission; and 21
(c) may be revoked or amended by the commission. 22
(3) The period of a stay under this section must not extend past the time 23
when the Gaming Commission decides the appeal. 24
(4) An appeal against a decision affects the decision, or the carrying out 25
of the decision, only if the decision is stayed. 26
17 Section 255 (Forfeiture)
s 299 152 s 300
Wagering
procedures 1
Hearing
299.(1) In deciding an appeal, the Gaming Commission-- 2
(a) has the same powers as the decision maker; and 3
(b) is not bound by the rules of evidence; and 4
(c) must comply with natural justice; and 5
(d) may hear the appeal in public or in private. 6
(2) An appeal is by way of rehearing. 7
to gather evidence 8
Power
300.(1) The Gaming Commission may, by written notice signed by the 9
registrar, require a person-- 10
(a) to give written answers to questions, or produce a document, 11
stated in the notice for an appeal mentioned in the notice; or 12
(b) to appear before the commission at a stated time and place to 13
answer questions, or produce a stated document, relating to an 14
appeal mentioned in the notice. 15
(2) The answers mentioned in subsection (1)(b) must, if the notice so 16
requires, be verified by statutory declaration. 17
(3) A person must not, without reasonable excuse-- 18
(a) fail to comply with a requirement under this section; or 19
(b) if appearing for examination before the Gaming Commission-- 20
(i) fail to take or make an oath when required to do so by a 21
member of the commission or the registrar; or 22
(ii) fail to answer a question relevant to the subject of the appeal 23
to the best of the person's knowledge, information or belief; 24
or 25
(iii) fail to produce a document the person is required to produce 26
under subsection (1)(b). 27
Maximum penalty--40 penalty units. 28
(4) A member of the Gaming Commission may administer an oath to a 29
s 301 153 s 303
Wagering
person appearing before the commission for examination. 1
(5) It is a reasonable excuse for a person to fail to comply with a 2
requirement to answer a question or produce a document if complying with 3
the requirement might tend to incriminate the person. 4
of Gaming Commission on appeal 5
Powers
301.(1) In deciding an appeal, the Gaming Commission may-- 6
(a) confirm the decision; or 7
(b) set aside the decision and substitute another decision; or 8
(c) set aside the decision and return the issue to the decision maker 9
with the directions the commission considers appropriate. 10
(2) If the Gaming Commission substitutes another decision, the 11
substituted decision is, for this Act (other than this part) taken to be the 12
decision maker's decision. 13
to District Court 14
Appeals
302. An appeal lies to a District Court from a decision of the Gaming 15
Commission on a question of law. 16
Division 2--Reviews 17
of licence operator to enter into agency agreement 18
Refusal
303.(1) This section applies if-- 19
(a) a race club reasonably believes it has negotiated in good faith with 20
a licence operator for entering into an agency agreement with the 21
operator but the club and the operator have been unable to agree 22
the terms of the agreement; or 23
(b) the operator has refused to enter into an agency agreement with 24
the race club. 25
(2) The race club may ask the Minister to review-- 26
(a) the outcome of the negotiations mentioned in subsection (1)(a) 27
s 304 154 s 304
Wagering
(the "outcome"); or 1
(b) the decision mentioned in subsection (1)(b). 2
(3) After reviewing the outcome or decision, the Minister may direct the 3
licence operator to enter into an agency agreement with the race club on the 4
terms decided by the Minister. 5
(4) In giving a direction, the Minister must have regard to-- 6
(a) the commercial viability of the licence operator and the race club; 7
and 8
(b) the public interest. 9
(5) If the race club is willing to enter into an agency agreement on the 10
terms decided by the Minister, the licence operator must comply with the 11
direction. 12
Maximum penalty--100 penalty units. 13
(6) In this section, a reference to a decision of a licence operator to refuse 14
to enter into an agency agreement includes a failure to enter into an agency 15
agreement. 16
of agency agreement 17
Termination
304.(1) This section applies if a licence operator terminates an agency 18
agreement with a race club otherwise than because of a direction to 19
terminate the agreement given to the licence operator by the chief executive. 20
(2) The race club may ask the Minister to review the decision. 21
(3) To secure the effectiveness of the review, the Minister may grant a 22
stay of the decision. 23
(4) After reviewing the decision, the Minister may direct the licence 24
operator to reinstate the agency agreement. 25
(5) However, the Minister may give a direction only if the Minister 26
considers the licence operator, in terminating the agency agreement-- 27
(a) acted otherwise than under the agreement; or 28
(b) despite having acted under the agreement--acted unreasonably. 29
(6) The licence operator must comply with the direction. 30
s 305 155 s 307
Wagering
Maximum penalty--100 penalty units. 1
(7) In this section-- 2
"reinstate" an agency agreement that has been terminated includes enter 3
into a fresh agency agreement on terms similar to the agency 4
agreement terminated. 5
about staying operations of decisions 6
Issues
305.(1) A stay mentioned in section 304(3)-- 7
(a) may be given on conditions the Minister considers appropriate; 8
and 9
(b) operates for the period fixed by the Minister; and 10
(c) may be revoked or amended by the Minister. 11
(2) The period of a stay under this section must not extend past the time 12
when the Minister decides the review. 13
(3) A review of a decision affects the decision, or the carrying out of the 14
decision, only if the decision is stayed. 15
for reviews 16
Procedures
306. For reviewing an outcome or a decision, the Minister-- 17
(a) must give the licence operator and the race club a reasonable 18
opportunity to be heard or to make representations about the 19
outcome or decision; and 20
(b) consider any representations. 21
for div 2 22
Delegation
307.(1) The Minister may delegate the Minister's powers under this 23
division to the Queensland Competition Authority. 24
(2) The Queensland Competition Authority has the powers and functions 25
necessary for the delegation. 26
s 308 156 s 308
Wagering
PART 15--MISCELLANEOUS 1
of information 2
Confidentiality
308.(1) A person who is, or was, an inspector, or officer or employee of 3
the department, must not disclose information gained by the person in 4
performing functions under this Act. 5
Maximum penalty--200 penalty units or 2 years imprisonment. 6
(2) Subsection (1) does not apply to the disclosure of information by a 7
person-- 8
(a) for a purpose under this Act or a gaming Act; or 9
(b) with a lawful excuse; or 10
(c) under an approval of the chief executive under this section. 11
(3) The chief executive may approve the disclosure of information by a 12
person to-- 13
(a) an entity prescribed under a regulation; or 14
(b) an officer, employee or member of the entity; or 15
(c) a stated department, entity or person. 16
(4) Before giving an approval for subsection (3)(c), the chief executive 17
must-- 18
(a) give written notice of the proposed approval to any person whom 19
the chief executive considers likely to be affected adversely by the 20
disclosure; and 21
(b) give the person the opportunity of making a submission about the 22
proposed approval within the time (not less than 14 days) stated 23
in the notice. 24
(5) If information is disclosed to an entity or person under an approval 25
given by the chief executive, the entity or person, and any employee or other 26
person under the control of the entity or person, are taken to be persons to 27
whom subsection (1) applies and to have gained the information in 28
performing functions under this Act. 29
s 309 157 s 312
Wagering
1
Delegations
309.(1) The Minister may delegate the Minister's powers under this Act 2
(other than part 14, division 2) to the chief executive or an appropriately 3
qualified officer of the department. 4
(2) The chief executive may delegate the chief executive's powers under 5
this Act to an appropriately qualified inspector or an appropriately qualified 6
officer of the department. 7
(3) The chief executive must notify authority operators of the current 8
delegations in force under this section from time to time. 9
(4) A contravention by the chief executive of subsection (3) does not 10
invalidate a delegation. 11
(5) In this section-- 12
"appropriately qualified" includes having the qualifications, experience or 13
standing appropriate to the exercise of the power. 14
15
Example of `standing'--
16
A person's classification level in the public service.
of forms 17
Approval
310. The chief executive may approve forms for use under this Act. 18
power 19
Regulation-making
311. The Governor in Council may make regulations under this Act. 20
ART 16--AMENDMENT OF BREAKWATER 21
P
ISLAND CASINO AGREEMENT ACT 1984 22
amended in pt 16 23
Act
312. This part amends the Breakwater Island Casino Agreement Act 24
1984. 25
s 313 158 s 316
Wagering
of s 2 (Ratification of formal agreement) 1
Amendment
313. Section 2(1), `the Schedule'-- 2
omit, insert-- 3
`schedule 1'. 4
of s 3 (Variation of formal agreement) 5
Amendment
314.(1) Section 3(1), after `further agreement'-- 6
insert-- 7
`(corresponding to the proposed further agreement set out in 8
schedule 2)'. 9
(2) Section 3(2)-- 10
omit. 11
(3) Section 3(3)-- 12
renumber as section 3(2). 13
of schedule 14
Amendment
315. Schedule, heading-- 15
omit, insert-- 16
`SCHEDULE 1'. 17
of new sch 2 18
Insertion
316. After the schedule-- 19
insert-- 20
s 316 159 s 316
Wagering
`SCHEDULE 2 1
ROPOSED FURTHER AGREEMENT 2
`P
section 3 3
THIS AGREEMENT is made on 1998 4
BETWEEN THE STATE OF QUEENSLAND ("State") 5
AND PERPETUAL TRUSTEES QUEENSLAND LIMITED 6
ACN 009 656 811 a company duly incorporated and 7
having its registered office at 10th Floor, Riverside Centre, 8
123 Eagle Street, Brisbane, Queensland ("Perpetual") 9
AND BREAKWATER ISLAND LIMITED ACN 010 271 691 10
a company duly incorporated and having its registered 11
office at Ground Floor, Garden Square, 643 Kessels Road, 12
Upper Mount Gravatt, Queensland ("Breakwater") 13
RECITALS 14
A The parties are parties to an agreement made on 15
27 November 1984 relating to the establishment and 16
operation of an hotel/casino complex in Townsville in the 17
State of Queensland which was authorised by the Act and 18
as subsequently amended. 19
B The parties have agreed to amend the Breakwater Island 20
Casino Agreement in the manner set out in this agreement. 21
s 316 160 s 316
Wagering
OPERATIVE PROVISIONS 1
Definitions 2
1. In this agreement-- 3
"Act" means the Breakwater Island Casino Agreement Act 1984. 4
"Breakwater Island Casino Agreement" means the agreement referred 5
to in Recital A. 6
Amendment of Breakwater Island Casino Agreement 7
2. The parties agree that the Breakwater Island Casino Agreement is 8
amended by-- 9
(a) inserting in clause 2 immediately following the definition of 10
"Portion 645", the following definition-- 11
" "Premium Junket Revenue" means premium junket revenue as 12
defined in the Control Act."; and 13
(b) deleting from clause 47 the words "ten per centum (10%) of 14
Casino gross revenue for the month in question." and inserting in 15
lieu thereof-- 16
"the sum of-- 17
(a) 10% of Casino gross revenue for the month in question; and 18
(b) 8% of Premium Junket Revenue for the month in question. 19
The rates set out in this clause 47 shall apply from 1 July 1996.". 20
Governing Law 21
3. The interpretation and construction of this agreement shall be governed 22
and determined in accordance with the law of Queensland and the parties 23
submit to the non-exclusive jurisdiction of the courts of that State. 24
s 316 161 s 316
Wagering
EXECUTED AS A DEED. 1
SIGNED by the Treasurer of ) 2
THE STATE OF QUEENSLAND ) 3
for and on behalf of the State of ) --------------------------------- 4
Queensland in the presence of: ) 5
6
--------------------------------------------- 7
Witness 8
9
--------------------------------------------- 10
Name of Witness (print) 11
12
THE COMMON SEAL of ) 13
PERPETUAL TRUSTEES ) 14
QUEENSLAND LIMITED is ) 15
affixed in accordance with its articles ) 16
of association in the presence of: ) 17
18
--------------------------------------------- 19
Director 20
21
--------------------------------------------- 22
Name of Director (print) 23
24
--------------------------------------------- 25
Director/Secretary 26
27
--------------------------------------------- 28
Name of Director/Secretary (print) 29
s 317 162 s 318
Wagering
THE COMMON SEAL of ) 1
BREAKWATER ISLAND LIMITED ) 2
was hereunto affixed in accordance with ) 3
its articles of association in the presence of: ) 4
5
--------------------------------------------- 6
Director 7
8
--------------------------------------------- 9
Name of Director (print) 10
11
--------------------------------------------- 12
Director/Secretary 13
14
--------------------------------------------- 15
Name of Director/Secretary (print)'. 16
PART 17--TRANSITIONAL PROVISIONS 17
of division 18
Application
317. This division applies only if a wagering licence (the "initial 19
licence") is issued on the commencement day. 20
21
Definitions
318. In this division-- 22
"commencement day" means the day on which the provision in which the 23
term is used commences. 24
"existing Act" means the Racing and Betting Act 1980 as in force from 25
s 319 163 s 320
Wagering
time to time before the commencement day. 1
"initial licence" see section 317. 2
"initial operator" means-- 3
(a) if, on the commencement day, the wagering licensee under the 4
initial licence does not enter into a wagering management 5
agreement with the Minister's approval--the wagering licensee; 6
or 7
(b) if, on the commencement day, the wagering licensee under the 8
initial licence enters into a wagering management agreement with 9
the Minister's approval--the wagering manager appointed under 10
the agreement. 11
"TAB agency agreement" means a contract, agreement or arrangement 12
made under the existing Act under which the TAB appointed a person 13
as its agent for the exercise of its powers or performance of its 14
functions. 15
"TAB's control system" means the system of internal controls and 16
administrative and accounting procedures used, immediately before the 17
commencement day, by the TAB for the conduct of wagering by 18
totalisators. 19
system for initial operator 20
Control
319.(1) This section applies if, on the commencement day, the initial 21
operator makes a control system submission to the chief executive. 22
(2) The TAB's control system is, with any necessary modifications, 23
taken to be the initial operator's approved control system until the chief 24
executive approves, or refuses to approve, under section 176,18 the control 25
system to which the submission relates. 26
wagering equipment 27
Regulated
320.(1) This section applies if-- 28
(a) immediately before the commencement day, wagering 29
18 Section 176 (Dealing with submissions)
s 321 164 s 322
Wagering
equipment-- 1
(i) is the TAB's equipment; or 2
(ii) was used in the conduct of betting by means of a totalisator 3
under the existing Act; and 4
(b) on the commencement day, the equipment is regulated wagering 5
equipment. 6
(2) The regulated wagering equipment is taken to be approved wagering 7
equipment. 8
employees of initial operator 9
Key
321.(1) This section applies if, on the commencement day, a key 10
employee of the initial operator applies to the chief executive to be licensed 11
as an employee under a key person licence. 12
(2) The key employee is taken to be a licensed employee until the chief 13
executive grants or refuses to grant the application under section 104.19 14
payable before commencement day for investments 15
Amounts
322.(1) This section applies if-- 16
(a) an investment is made under the existing Act before the 17
commencement day; and 18
(b) an amount first becomes payable in relation to the investment 19
(whether by way of a dividend or refund) before the 20
commencement day. 21
(2) Sections 201 to 20320 of the existing Act continue to apply in relation 22
to the investment and the amount as if the sections had not been repealed by 23
the Racing Legislation Amendment Act 1998. 24
(3) For applying the sections-- 25
19 Section 104 (Consideration of application)
20 Sections 201 (Unpaid dividends and refunds from totalisator other than totalisator
operated by totalisator board), 202 (Unpaid dividends and refunds, and unpaid
moneys from sports totalisators from totalisator operated by totalisator board),
203 (Unpaid fractions account and unpaid dividends account).
s 323 165 s 325
Wagering
(a) a reference to the totalisator board is taken to be a reference to the 1
TAB; and 2
(b) a reference to the Racing Development Fund is taken to be a 3
reference to the consolidated fund. 4
payable on or after commencement day for investments 5
Amounts
323.(1) This section applies if-- 6
(a) an investment is made under the existing Act before the 7
commencement day; and 8
(b) an amount first becomes payable in relation to the investment 9
(whether by way of a dividend or refund) on or after the 10
commencement day. 11
(2) For paying the amount, the investment is taken to be an investment 12
made for approved wagering. 13
agreements 14
Agency
324.(1) A TAB agency agreement made before, and in force at, the 15
commencement day is taken to be an agency agreement duly made under 16
this Act for the initial operator. 17
(2) Within 7 days after the commencement day, the initial operator must 18
give the chief executive a written notice informing the chief executive of the 19
name and place of operation of each wagering agent with whom the 20
operator has an agency agreement to which this section applies. 21
agents 22
Wagering
325.(1) This section applies if, immediately before the commencement 23
day-- 24
(a) a race club holds a totalisator licence under the existing Act; and 25
(b) a net pool of the race club is amalgamated under section 196 of 26
the existing Act. 27
s 326 166 s 327
Wagering
(2) Subject to part 8, division 4,21 for 1 year starting on the 1
commencement day, the race club is taken to be a wagering agent of the 2
initial operator and the agency relationship between the club and operator is 3
taken to be an agency agreement. 4
(3) However, the race club may terminate the agency by written notice 5
given to the initial operator. 6
(4) Within 7 days after the commencement day, the initial operator must 7
give the chief executive a written notice informing the chief executive of the 8
name and place of operation of each wagering agent under this section. 9
holders 10
Permit
326.(1) This section applies if, immediately before the commencement 11
day-- 12
(a) a race club holds a totalisator licence under the existing Act; and 13
(b) a net pool of the race club is not amalgamated under section 196 14
of the existing Act. 15
(2) Subject to part 4, division 5,22 the race club is taken to be a permit 16
holder for 1 year starting on the commencement day. 17
(3) However, if within the period of 1 year the race club enters into an 18
agency agreement with the initial operator, the club stops being a permit 19
holder. 20
system for permit holders 21
Control
327.(1) This section applies to a race club that is taken to be a permit 22
holder under section 326. 23
(2) The system of internal controls and administrative and accounting 24
procedures used, immediately before the commencement day, by the race 25
club for the conduct of wagering by totalisators is taken to be the club's 26
approved control system until the earlier of the following-- 27
21 Part 8 (Wagering agents) division 4 (Terminating agency agreements)
22 Part 4 (Wagering authorities), division 5 (Suspension and cancellation of
wagering authorities)
s 328 167 s 329
Wagering
(a) the end of 1 year starting on the commencement day; 1
(b) the entering into of an agency agreement between the race club 2
and initial operator. 3
operation of former rules and certain former regulations 4
Continued
328.(1) Rules in force under section 193 of the existing Act immediately 5
before the commencement day continue to operate with any necessary 6
changes and, for that purpose, are taken to be rules under this Act. 7
(2) The Racing and Betting Regulation 1981, sections 63 to 68 and 8
part 7 as in force immediately before the commencement day continue to 9
operate with any necessary changes and, for that purpose, are taken to be 10
rules validly made under this Act. 11
(3) If a provision applying as a rule under subsection (1) is inconsistent 12
with a provision applying as a rule under subsection (2), the latter provision 13
prevails. 14
(4) Subsections (1) and (2) apply until the earlier of the following-- 15
(a) the end of 1 year starting on the commencement day; 16
(b) the commencement of rules made under this Act superseding the 17
rules mentioned in subsection (1) or the provisions mentioned in 18
subsection (2). 19
(5) Provisions operating as rules under subsection (1) or (2) may be 20
amended by rules under this Act. 21
(6) Subsections (1) and (2) apply despite the Racing Legislation 22
Amendment Act 1998. 23
regulations 24
Transitional
329.(1) A regulation may make provision of a saving or transitional 25
nature for which-- 26
(a) it is necessary or convenient to assist the transition from the 27
conduct of wagering under the existing Act to the conduct of 28
approved wagering under this Act; and 29
(b) this Act does not make provision or sufficient provision. 30
s 329 168 s 329
Wagering
(2) A regulation under this section may have retrospective operation to a 1
day not earlier than the commencement day. 2
(3) Subject to subsection (4), a regulation under this section expires 3
1 year after it is made. 4
(4) This section expires 1 year after the commencement day. 5
6
169
Wagering
CHEDULE 1 1
¡S
DECISIONS NOT SUBJECT TO APPEAL 2
section 93 3
PART 1--DECISIONS OF GOVERNOR IN COUNCIL 4
Section Description of decision
51 Suspending a wagering authority
51 Cancelling a wagering authority
51 Appointing an administrator to
conduct the operations of an
authority holder
54 For a wagering authority that is
suspended--cancelling or reducing
any remaining period of suspension
5
PART 2--DECISIONS OF MINISTER 6
Section Description of decision
21 Granting or refusing to grant an
application for a wagering authority
27 Imposing a condition on a wagering
authority
31 Changing conditions of a wagering
authority
170
Wagering
SCHEDULE 1 (continued)
48 Censuring an authority holder
49 Directing an authority holder to
rectify a matter
52 Suspending a wagering authority
68 Giving, or refusing to give, an
approval for the appointment of a
person as a wagering manager
74 Giving, or refusing to give, an
approval for the entering into of a
wagering management agreement
74 Giving, or refusing to give, an
approval for the amendment of a
wagering management agreement
85 Censuring a wagering manager
86 Directing a wagering manager to
rectify a matter
87 Directing a wagering licensee to
terminate a wagering management
agreement
90 Suspending a wagering manager's
operations
193 Giving, or refusing to give, an
approval for entering into an
ancillary wagering agreement
197 Directing the termination of a
related agreement
271 Directing a general operator to stop
or change a management practice
1
2
171
Wagering
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 3 3
"accepted representations"-- 4
· for part 4, division 5--see section 46 5
· for part 5, division 5--see section 83 6
· for part 7, division 7--see section 125 7
· for part 8, division 4--see section 155 8
· for part 11, division 1--see section 196. 9
"agency agreement" see section 140. 10
"ancillary wagering agreement" see section 190. 11
"approved accountant" means-- 12
(a) a member of the Institute of Chartered Accountants in Australia 13
who holds a current Certificate of Public Practice issued by the 14
institute; or 15
(b) a member of the Australian Society of Certified Practising 16
Accountants who holds a current Public Practice Certificate 17
issued by the society; or 18
(c) in a particular case--a member of an accounting body mentioned 19
in paragraph (a) or (b) who-- 20
(i) does not hold the current certificate mentioned in the 21
paragraph; and 22
(ii) is approved as an accountant for the case by the chief 23
executive. 24
"approved contingency", for a sports wagering licensee, means a 25
contingency, or a contingency included in a class of contingencies, for 26
which an approval of the Minister under section 57 for the conduct of 27
wagering by the licensee is in force. 28
172
Wagering
SCHEDULE 2 (continued)
"approved control system" means a control system approved by the chief 1
executive, and includes an approved control system changed under a 2
direction or approval of the chief executive. 3
"approved event", for a sports wagering licensee, means an event, or an 4
event included in a class of events, for which an approval of the 5
Minister under section 57 for the conduct of wagering by the licensee 6
is in force. 7
"approved form" see section 310. 8
"approved place" see section 178. 9
"approved wagering" means authorised wagering conducted by an 10
authority operator under a wagering authority. 11
"approved wagering equipment" means regulated wagering equipment 12
approved under section 208. 13
"authorised wagering" means-- 14
(a) for an oncourse wagering permit or permit holder--oncourse 15
wagering conducted by means of a totalisator; or 16
(b) for a wagering licence or licence operator--wagering conducted 17
either by means of a totalisator or on a fixed odds basis. 18
"authorised wagering operator" means-- 19
(a) an authority holder; or 20
(b) a wagering agent. 21
"authority holder" means-- 22
(a) a wagering licensee; or 23
(b) a permit holder. 24
"authority operator" means-- 25
(a) a licence operator; or 26
(b) a permit holder. 27
"business associate", of an applicant for an oncourse wagering permit or 28
wagering licence, means a person whom the Minister reasonably 29
173
Wagering
SCHEDULE 2 (continued)
believes-- 1
(a) is associated with the ownership or management of the 2
applicant's operations; or 3
(b) will, if a wagering authority is issued to the applicant, be 4
associated with the ownership or management of the authority 5
holder's operations. 6
"business associate", of a permit holder, wagering licensee or wagering 7
manager, means a person whom the Minister reasonably believes is 8
associated with the ownership or management of the operations of the 9
permit holder, licensee or manager. 10
"business associate", of a proposed wagering manager, means a person 11
whom the Minister reasonably believes-- 12
(a) is associated with the ownership or management of the operations 13
of the proposed wagering manager; or 14
(b) will, if the proposed wagering manager is appointed as a 15
wagering manager, be associated with the ownership or 16
management of the wagering manager's operations. 17
"business associate", of a wagering agent, means a person whom the chief 18
executive reasonably believes is associated with the ownership or 19
management of the agent's operations. 20
"condition notice" see section 31. 21
"conduct, for wagering, includes promote, organise and operate. 22
"consent acknowledgment" see section 240. 23
"control system" means a system of internal controls and administrative 24
and accounting procedures for the conduct of authorised wagering by 25
an authority holder. 26
"control system (change) submission" see section 175. 27
"control system submission" see section 174. 28
"conviction" includes a plea of guilty or a finding of guilt by a court even 29
though a conviction is not recorded. 30
174
Wagering
SCHEDULE 2 (continued)
"criminal history", of a person, means the person's criminal history 1
within the meaning of the Criminal Law (Rehabilitation of Offenders) 2
Act 1986, and-- 3
(a) despite section 6 of that Act, includes a conviction of the person 4
to which the section applies; and 5
(b) despite section 5 of that Act, includes a charge made against the 6
person for an offence. 7
"designated operator" see section 204. 8
"direct winning bet" does not include a refund of an investment. 9
"document certification requirement" see section 263. 10
"document production requirement" see section 263. 11
"employ" includes engage under a contract for services. 12
"employee" of a wagering licensee or wagering agent means a person 13
employed by the licensee or agent in functions related to the conduct of 14
wagering. 15
"exclusivity period" see section 4. 16
"executive associate", of an applicant for an oncourse wagering permit or 17
wagering licence, means an executive officer of a corporation, partner 18
or trustee, or another person stated by the Minister, whom the Minister 19
reasonably believes-- 20
(a) is associated with the ownership or management of the 21
applicant's operations; or 22
(b) will, if a wagering authority is issued to the applicant, be 23
associated with the ownership or management of the authority 24
holder's operations. 25
"executive associate", of a permit holder, wagering licensee or wagering 26
manager, means an executive officer of a corporation, partner or 27
trustee, or another person stated by the Minister, whom the Minister 28
reasonably believes is associated with the ownership or management 29
of the operations of the permit holder, licensee or manager. 30
175
Wagering
SCHEDULE 2 (continued)
"executive associate", of a proposed wagering manager, means an 1
executive officer of a corporation, partner or trustee, or another person 2
stated by the Minister, whom the Minister reasonably believes-- 3
(a) is associated with the ownership or management of the operations 4
of the proposed wagering manager; or 5
(b) will, if the proposed wagering manager is appointed as a 6
wagering manager, be associated with the ownership or 7
management of the wagering manager's operations. 8
"executive associate", of a wagering agent, means an executive officer of a 9
corporation, partner or trustee, or another person stated by the chief 10
executive, whom the chief executive reasonably believes is associated 11
with the ownership or management of the agent's operations. 12
"executive officer", of a corporation, means a person who is concerned 13
with, or takes part in, the corporation's management, whether or not 14
the person is a director or the person's position is given the name of 15
executive officer. 16
"exempt wagering record" see section 178. 17
"financial records requirement" see section 268. 18
"gaming Act", means any of the following Acts-- 19
· Art Unions Act 1992 20
· Casino Control Act 1982 21
· Gaming Machine Act 1991 22
· Interactive Gambling (Player Protection) Act 1998 23
· Keno Act 1996 24
· Lotteries Act 1997. 25
"Gaming Commission" means the Queensland Gaming Commission 26
under the Gaming Machine Act 1991. 27
"general operator" means-- 28
(a) an authority operator; or 29
176
Wagering
SCHEDULE 2 (continued)
(b) a wagering agent. 1
"greyhound race" see Racing and Betting Act 1980, section 5.23 2
"gross revenue", for an authority holder for a month, means the total 3
amount invested in the month, less the total of the amounts paid in the 4
month for direct winning bets, for wagering conducted under the 5
wagering authority. 6
"horse race" see Racing and Betting Act 1980, section 5.24 7
"information notice", for a decision of the chief executive, means a written 8
notice stating-- 9
(a) the decision; and 10
(b) the reasons for the decision; and 11
(c) that the person to whom the notice is given may appeal against 12
the decision to the Gaming Commission within 28 days. 13
"inspector" means a person who is an inspector under this Act. 14
"interested person"-- 15
· for part 4, division 5--see section 45 16
· for part 11, division 1--see section 195. 17
"key employee" see section 95. 18
"key operator" see section 98. 19
"key operator's requirement" see section 99. 20
"key person licence" means a licence issued under section 108. 21
"key person licensee" means a person licensed under a key person licence. 22
"licence operator", for a wagering licence, means-- 23
23 Racing and Betting Act 1980, section 5--
"greyhound race" means a race for greyhounds.
24 Racing and Betting Act 1980, section 5--
"horse race" means a race for galloping horses.
177
Wagering
SCHEDULE 2 (continued)
(a) if the wagering licensee has not entered into a wagering 1
management agreement with the Minister's approval--the 2
wagering licensee; or 3
(b) if the wagering licensee has entered into a wagering management 4
agreement with the Minister's approval--the wagering manager 5
appointed under the agreement. 6
"licensed employee" means a person licensed as an employee under a key 7
person licence. 8
"management committee", of an unincorporated body, means the 9
committee or other body of persons, whatever called, that conducts the 10
affairs of the body. 11
"official wagering document" means-- 12
(a) a betting ticket; or 13
(b) a wagering licence; or 14
(c) an oncourse wagering permit; or 15
(d) a key person licence; or 16
(e) an inspector's identity card. 17
"oncourse wagering permit" see section 5. 18
"permit holder" means the holder of an oncourse wagering permit. 19
"personal details requirement" see section 261. 20
"place of seizure" see section 251. 21
"proposed wagering manager" means a person in relation to whom an 22
application for approval to appoint the person as a wagering manager 23
has been made but not decided. 24
"race club" means a race club within the meaning of the Racing and 25
178
Wagering
SCHEDULE 2 (continued)
Betting Act 1980,25 other than a race club that is not registered under 1
that Act. 2
"race meeting" means a meeting for conducting horse, trotting or 3
greyhound races. 4
"race wagering licence" see section 6. 5
"race wagering licensee" means a person who holds a race wagering 6
licence. 7
"racing entity" means a corporation established for the Racing and Betting 8
Act 1980, section 11B(2)(wa), 52(3)(ya) or 93(3)(ya).26 9
"racing venue" see Racing and Betting Act 1980, section 5.27 10
"reasonably believes" means believes on grounds that are reasonable in all 11
the circumstances. 12
"reasonably suspects" means suspects on grounds that are reasonable in 13
all the circumstances. 14
"registered company auditor" means a person registered as an auditor, or 15
taken to be registered as an auditor, under the Corporations Law, 16
chapter 9, part 9.2.28 17
"registrar", of the Gaming Commission, means an officer or person 18
designated under a regulation as the registrar of the commission. 19
25 Racing and Betting Act 1980, section 5--
"race club" means any body or association of persons corporate or
unincorporate that promotes, holds or controls, or is formed to promote, hold
or control, a race meeting, and includes such a body or an association that is
not registered.
26 Section 11B (Powers of Queensland Principal Club), 52 (Functions, powers and
duties of Harness Racing Board) or 93 (Functions, powers and duties of
Greyhound Authority)
27 Racing and Betting Act 1980, section 5--
"racing venue" means a racecourse, paceway or greyhound course, whether in
Queensland or elsewhere at which a meeting may lawfully be held.
28 Corporations Law, chapter 9 (Miscellaneous), part 9.2 (Registration of auditors
and liquidators)
179
Wagering
SCHEDULE 2 (continued)
"regulated wagering equipment" means wagering equipment declared 1
under a regulation to be regulated wagering equipment. 2
"related agreement" see section 191. 3
"related body corporate", of a race wagering licensee, means a body 4
corporate related to the licensee because of the Corporations Law, 5
section 50.29 6
"restricted licensee" means a key person licensee declared under 7
section 221 to be a restricted licensee. 8
"restricted official" means a wagering official declared under section 221 9
to be a restricted official. 10
"rules" mean rules made under section 198. 11
"show cause notice"-- 12
· for part 4, division 5--see section 44 13
· for part 5, division 5--see section 82 14
· for part 7, division 7--see section 124 15
· for part 8, division 4--see section 154 16
· for part 11, division 1--see section 195. 17
"show cause period"-- 18
· for part 4, division 5--see section 44 19
· for part 5, division 5--see section 82 20
· for part 7, division 7--see section 124 21
· for part 8, division 4--see section 154 22
· for part 11, division 1--see section 195. 23
29 Corporations Law, section 50 (Related bodies corporate)
Where a body corporate is:
(a) a holding company of another body corporate;
(b) a subsidiary of another body corporate; or
(c) a subsidiary of a holding company of another body corporate;
the first-mentioned body and the other body are related to each other.
180
Wagering
SCHEDULE 2 (continued)
"special warrant" see section 244. 1
"sporting contingency" means a contingency associated with a sporting 2
event. 3
"sporting event" does not include a horse, trotting or greyhound race. 4
"sports wagering licence" see section 7. 5
"sports wagering licensee" means a person who holds a sports wagering 6
licence. 7
"stop direction" see section 259. 8
"TAB" means the Totalisator Administration Board of Queensland 9
constituted under the Racing and Betting Act 1980 and, if before or on 10
the commencement of section 1130 the entity becomes a government 11
owned corporation, includes the entity as a government owned 12
corporation. 13
"TAB subsidiary" means a wholly-owned subsidiary of the TAB. 14
"totalisator" see section 8. 15
"totalisator supplier" see section 204. 16
"totalisator supply agreement" see section 204. 17
"trotting race" see Racing and Betting Act 1980, section 5.31 18
"wagering" means-- 19
(a) betting conducted by means of a totalisator; or 20
(b) betting conducted on a fixed odds basis; or 21
(c) other betting prescribed under a regulation. 22
"wagering agent" see section 140. 23
"wagering authority" means-- 24
30 Section 11 (Lawful activities)
31 Racing and Betting Act 1980, section 5--
"trotting race" means a race for trotting horses.
181
Wagering
SCHEDULE 2 (continued)
(a) a wagering licence; or 1
(b) an oncourse wagering permit. 2
"wagering authority fee" see section 168. 3
"wagering employee" means a person employed by a wagering licensee in 4
operations conducted under the wagering licence. 5
"wagering equipment" means a machine or other device (whether 6
electronic, electrical or mechanical), computer software or another 7
thing used, or suitable for use, in the conduct of wagering. 8
"wagering licence" means-- 9
(a) a race wagering licence; or 10
(b) a sports wagering licence. 11
"wagering licensee" means a person who holds a wagering licence. 12
"wagering management agreement" see section 71. 13
"wagering manager" means a person appointed by a wagering licensee 14
under section 65 to manage the operations relating to authorised 15
wagering conducted under the wagering licence. 16
"wagering official" means-- 17
(a) an inspector; or 18
(b) an officer of the department. 19
"wagering record", of an authority holder, means a record (including a 20
document) about the operations conducted by the authority holder 21
under the wagering authority. 22
"wagering tax" see section 165. 23
182
Wagering
SCHEDULE 2 (continued)
"wholly-owned subsidiary" see Corporations Law, section 9.32 1
"winning bet" includes a refund of an investment. 2
3
4
© State of Queensland 1998
32 Corporations Law, section 9--
"wholly-owned subsidiary", in relation to a body corporate, means a body
corporate none of whose members is a person other than:
(a) the first-mentioned body;
(b) a nominee of the first-mentioned body;
(c) a subsidiary of the first-mentioned body, being a subsidiary none of whose
members is a person other than--
(i) the first-mentioned body; or
(ii) a nominee of the first-mentioned body; or
(d) a nominee of such a subsidiary.
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