Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Charitable and Non-Profit Gaming
CHARITABLE AND NON-PROFIT
GAMING BILL 1999
EXPLANATORY NOTES
Short Title
Charitable and Non-Profit Gaming Bill 1999
Objectives of the Legislation
The Bill provides the regulatory framework to ensure the integrity and
probity of the games and individuals associated with charitable and
non-profit gaming, in order to ensure that the public derives benefit from
fundraising conducted through charitable and non-profit gaming.
Reasons for the Legislation
In recent years, charitable and non-profit organisations have called for
reform of the existing charitable gaming regulatory regime which was
regulated under the Art Unions Act 1992. These groups stressed the need to
amend the current act, in order to maintain the industry's viability;
particularly, in light of the changing nature of the gaming and entertainment
environment as a whole.
As result, the Queensland Office of Gaming Regulation released the Art
Unions Discussion Paper in April 1998 and received extensive feedback on
the Paper's recommendations. The Paper, combined with the feedback
received during the consultation process, has formed the basis for the
regulatory regime proposed in the Charitable and Non-Profit Gaming Bill
1999.
The Bill repeals and replaces the Art Unions Act 1992 and will ensure that
present regulatory burdens are streamlined. It will also ensure that greater
flexibility is provided to operators, whilst public confidence in the probity
and integrity of charitable and non-profit gaming schemes continues to be
preserved and protected.
2
Charitable and Non-Profit Gaming
Estimated Cost for Government Implementation
There are no additional costs anticipated from the implementation of this
legislation. This Bill will enable the regulatory role of the Queensland
Office of Gaming Regulation to be streamlined, thus allowing it to more
clearly focus its resources on the regulation of the higher risk (generally the
larger) parts of the industry.
Assessment of Bill's Consistency with Fundamental Legislative
Principles
The Bill has been prepared taking into consideration the fundamental
legislative principles. However, a deviation from these principles has
occurred firstly in relation to giving inspectors powers to enter premises
without warrants where charitable and non-profit gaming activities are being
or are about to be conducted.
It is proposed that inspectors, in the absence of a warrant, will only enter
a place where a charitable and non-profit gaming activity is being, or is
about to be, conducted or a place where a charitable and non-profit
association carries on business or is otherwise open for entry. This is
considered reasonable as associations wishing to be involved in charitable
and non-profit gaming must be willing to be subjected to such scrutiny in
the interest of the overall integrity of all forms of charitable and non-profit
gaming.
Secondly, the Chief Executive may refuse to grant a licence even if
satisfied with the suitability of the applicant to hold a licence. These powers
are absolutely necessary in the public interest to ensure the integrity of the
conduct of charitable and non-profit gaming and are consistent with other
existing Queensland gaming practices.
A number of other standard provisions, essential to the integrity of
gaming, have been included in the Bill. These include the power of the chief
executive to access criminal history reports through the commissioner of
Police, the investigation of licensees and their associates and the power to
immediately suspend a licence in exceptional circumstances. These are
standard provisions in all gaming legislation and are essential to ensure the
integrity of gaming in the public interest.
3
Charitable and Non-Profit Gaming
It is proposed that the Bill identify persons who should be held
accountable for the conduct of charitable and non-profit gaming. This is
designed to correct difficulties that have been experienced in the
investigation and prosecution of breaches under the Art Unions Act 1992
and will enable those persons responsible for the conduct of gaming to be
identified. This power is considered crucial particularly in instances where a
game is conducted by an unincorporated association.
It is proposed that appeals to the Queensland Gaming Commission be
allowed with respect to specified decisions of the chief executive. The
Commission is an appellate body with respect to like decisions under the
Interactive Gambling (Player Protection) Act 1998 and the Wagering Act
1998 and it is considered appropriate that appeals under the Bill be dealt
with in this way.
It is proposed that transitional regulations be able to be made to ensure
the smooth transition between the conduct of games under the Art Unions
Act 1992 and the conduct of charitable and non-profit games under the new
legislation. Whilst it is anticipated that Part 10 of the Bill deals with all
matters necessary to effect the transition, the complexity of some of the
issues may result in unforseen circumstances which are not dealt with in the
Bill. Similar provisions exist in the Wagering Act 1998 and the Lotteries Act
1997.
Consultation
The Bill is based on drafting instructions that were developed following
an extensive public consultation process on charitable and non-profit
fundraising in Queensland. The consultation process focussed around the
Art Unions Discussion Paper. Feedback on the Discussion Paper was
generally very positive and constructive. In addition to the feedback from
the general public, consultation has occurred with other relevant
Government agencies during the preparation of the Bill.
4
Charitable and Non-Profit Gaming
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 sets out the Short Title of the Act.
Clause 2 provides for the Act to commence on proclamation.
Clause 3 sets out the objectives of the Act.
Clause 4 states that the Act does not apply to the conduct of a game
permitted under another jurisdiction's law if the conduct of the game
consists only of advertising the game within Queensland.
PART 2--INTERPRETATION
Clause 5 refers to the dictionary of terms contained in schedule 2 of the
Act.
Clause 6 defines "art union"
Clause 7 defines "association"
Clause 8 defines "bingo"
Clause 9 defines "calcutta sweep"
Clause 10 defines "eligible association"
Clause 11 defines "game"
Clause 12 defines "lucky envelopes"
Clause 13 defines "promotional game"
Clause 14 defines "category 1 game"
Clause 15 defines "category 2 game"
Clause 16 defines "category 3 game"
Clause 17 defines "category 4 game"
5
Charitable and Non-Profit Gaming
PART 3--GENERAL GAMING
Clause 18 provides that a category 1 game can only be conducted by an
association or by an individual who derives no personal gain from the
conduct of the game, unless the conduct of the game is authorised under
another Act.
Clause 19 provides that a category 2 game can only be conducted by an
eligible association that complies with clause 22, unless the conduct of the
game is authorised under another Act.
Clause 20 provides that a category 3 game can only be conducted by an
eligible association that holds a category 3 gaming licence and complies
with clause 22 or by a person that holds a special category 3 gaming licence,
unless the conduct of the game is authorised under another Act.
Clause 21 provides that any person may conduct a category 4 game.
Clause 22 provides that an eligible association may conduct a category 2
or 3 game only if it conducts its business and keeps its gaming records in an
office within the State and clearly states on the tickets the purpose to which
the net proceeds will be applied, if any of the proceeds are to be applied for a
purpose outside Queensland.
Clause 23 defines "bingo centre" and states that a person must not
conduct bingo if the gross proceeds of all the games in a bingo session
exceed $20,000. It also provides that a person may conduct bingo only at a
licensed bingo centre and only if the person is an eligible association with an
individual appointed as an ordinary member of the bingo centre licensee.
Clause 24 provides that an entity must not conduct lucky envelopes if the
gross proceeds of the game exceeds $5,000.
Clause 25 requires a person conducting lucky envelopes to ensure that
the lucky envelope vending machine is approved by the chief executive and
installed and operated in accordance with the Regulations.
Clause 26 requires a person printing lucky envelopes to have a lucky
envelope printer licence and to ensure compliance with the requirements for
printing lucky envelopes.
Clause 27 outlines the security measures to be taken by both the lucky
envelope printer and the person conducting lucky envelopes in relation to the
storage of lucky envelope stocks.
6
Charitable and Non-Profit Gaming
Clause 28 provides that a person may only sell lucky envelopes that have
been printed under a lucky envelope printer licence.
Clause 29 provides that a person may apply in writing to the chief
executive for approval for an event on which the person intends to conduct a
calcutta sweep.
Clause 30 provides that the chief executive must consider the application
made under clause 29 and either grant or refuse the application.
Clause 31 outlines the conditions for approval of the application made
under clause 29, by the chief executive.
Clause 32 provides that the chief executive must provide the person with
a written notice as to the chief executive's decision regarding the approval or
refusal of the application made under clause 29.
Clause 33 states the period for which an approval remains in force.
Clause 34 states that the chief executive may withdraw the approval and
outlines the withdrawal procedure.
Clause 35 provides that a person must only apply the net proceeds of a
category 1, 2 or 3 game for a purpose for which the game was conducted.
PART 4--LICENCES
Clause 36 outlines the four types of general licence that may be issued
under the Act.
Clause 37 provides that a general licence must be in an approved form
and sets out the matters to be included in the licence. It also provides the
different terms for which each of the four types of general licence remains
in force.
Clause 38 provides that an applicant association for a bingo centre licence
must be incorporated and comprise equal numbers of members from those
eligible associations intending to conduct bingo at the centre.
Clause 39 states that only incorporated eligible associations may apply
for a category 3 gaming licence.
Clause 40 states that only a corporation may apply for a lucky envelope
printer licence.
7
Charitable and Non-Profit Gaming
Clause 41 outlines the requirements for eligibility to apply for a special
category 3 gaming licence.
Clause 42 provides that a special category 3 gaming licence is not
renewable.
Clause 43 provides that an application for the issue or renewal of a
general licence must made in an approved form, accompanied by the
prescribed application fee and lodged within the prescribed time. The
applicant must also supply additional information to the chief executive
upon request.
Clause 44 provides that the chief executive must consider an application
for the issue or renewal of a licence and either grant or refuse the
application.
Clause 45 provides the chief executive must be satisfied as to the
suitability of the applicant (for all types of applicant) and the applicant's
business and executive associates (except a special category 3 applicant) to
hold such a licence. In the case of a special category 3 gaming licence, the
chief executive must also be satisfied that the "exceptional circumstances"
involved warrant such a licence. However, the chief executive may refuse
to grant any type of licence even if satisfied of such matters.
Clause 46 sets out the matters to which the chief executive may have
regard in deciding whether an applicant for a licence is a suitable person to
hold a general licence.
Clause 47 sets out the matters to which the chief executive may have
regard in deciding whether a business or executive associate of an applicant
for a licence is a suitable person be associated with the applicant's
operations.
Clause 48 provides that the chief executive may investigate an applicant,
a management member of an applicant or a business or executive associate
of an applicant, in the course of determining their suitability.
Clause 49 provides that the chief executive can ask for and obtain
criminal history reports from the commissioner of the police service during
investigations conducted under clause 48.
Clause 50 provides that, in the course of deciding an application for the
issue or renewal of a licence, the chief executive can ask an inspector to
enter and inspect premises associated with the conduct of general gaming or
the printing of lucky envelopes. An inspector may also be requested to
8
Charitable and Non-Profit Gaming
inspect and test equipment.
Clause 51 outlines other matters to which the chief executive may have
regard in deciding whether to grant an application for a bingo centre licence.
However, the chief executive is not limited to these particular considerations
when deciding whether to grant or refuse such an application.
Clause 52 outlines other matters to which the chief executive may have
regard in deciding whether to grant an application for a category 3 gaming
licence. However, the chief executive is not limited to these particular
considerations when deciding whether to grant or refuse such an application.
Clause 53 outlines other matters that the chief executive may consider in
deciding whether to grant an application for a lucky envelope printer licence.
However, the chief executive is not limited to these particular considerations
when deciding whether to grant or refuse such an application.
Clause 54 provides that if the chief executive decides to grant an
application then the chief executive must immediately issue or renew the
licence subject to having received the prescribed application fee from the
applicant. If the chief executive decides to refuse to grant an application then
the chief executive must immediately provide the applicant with an
information notice to this effect.
Clause 55 provides that the chief executive may issue or renew a general
licence on conditions deemed necessary for the proper conduct of the
licensee in the public interest. The chief executive must immediately
provide the applicant with an information notice concerning this decision.
Clause 56 provides that the chief executive may change the conditions of
a general licence if necessary for the proper conduct of the licensee in the
public interest. The chief executive must immediately provide the licensee
with an information notice concerning this decision and issue a replacement
licence.
Clause 57 provides penalties for failure to comply with general licence
conditions.
Clause 58 provides grounds for the suspension or cancellation of a
general licence.
Clause 59 provides that a licensee must be given a show cause notice of
proposed action if the chief executive believes a ground exists to suspend or
cancel a general licence and the act or omission is of a serious and
fundamental nature which compromises the integrity of gaming or affects
9
Charitable and Non-Profit Gaming
the public interest in an adverse or material way. The licensee is given a
period of, at least, 21 days in which to respond as to why action should not
be taken.
Clause 60 provides that the chief executive must immediately give a copy
of the show cause notice to persons the chief executive believes to have an
interest in a licence. Such persons are able to make written representations
about the notice to the chief executive.
Clause 61 provides that the chief executive must consider all written
representations made during the show cause period.
Clause 62 provides for immediate suspension of a general licence where
the chief executive reasonably believes that a ground exists to suspend or
cancel the licence and the seriousness of the situation justifies immediate
action in order to safeguard the public interest or the integrity of gaming.
Clause 63 provides that the chief executive may censure, by notice in
writing, a general licensee for a matter relating to a ground for suspension or
cancellation of a general licence in circumstances where the chief executive
does not believe cancellation or suspension is warranted.
Clause 64 provides that the chief executive may, by written notice, direct
a licensee to rectify a matter within a specified reasonable time period if the
chief executive still believes a ground exists to suspend or cancel a general
licence after considering the accepted representations for a show cause
notice but also believes that the matter is capable of being rectified.
Clause 65 outlines other actions the chief executive may take after
considering the accepted representations for a show cause notice if the chief
executive still believes a ground exists to suspend or cancel a general licence
or if a licensee fails to comply with a rectification notice in the stipulated
time period. Such action includes suspension or cancellation of the general
licence or the appointment of an administrator to conduct the operation of
the licensee. The chief executive must immediately notify the licensee of
any action to be taken.
Clause 66 provides for the term and functions of an administrator
appointed by the chief executive to conduct the operations of the general
licensee.
Clause 67 provides that, at any time, the chief executive may cancel or
reduce the remaining period of suspension of a general licence. The chief
executive must immediately notify the licensee of any such change.
10
Charitable and Non-Profit Gaming
Clause 68 allows the Minister to approve an audit program for
investigating a general licensee or business or executive associates of a
licensee. Such an audit is the responsibility of the chief executive and a
person can only be investigated in this manner once a year.
Clause 69 provides for circumstances where an investigation may be
undertaken by the chief executive to determine whether a general licensee, or
a business or executive associate of a licensee, is suitable to hold or be
associated with a licensee. Such investigations can only be instigated where
the chief executive reasonably suspects a person is not suitable or where the
investigations form part of an approved audit program for licensees or
where a person became an associate of the licensee after the general licence
was issued.
Clause 70 provides that a person may be required, by written request
from the chief executive, to supply information or documentation that the
chief executive considers relevant to an investigation and it provides
penalties for failure to comply, without reasonable excuse, with such a
requirement.
Clause 71 provides that the chief executive can ask for and obtain
criminal history reports from the commissioner of the police service during
investigations conducted under clause 69.
PART 5--COMPLIANCE REQUIREMENTS
Clause 72 provides that the Minister can make rules about general
gaming and that these rules are subordinate legislation.
Clause 73 provides that persons conducting the game (including an
administrator) and players must comply with the rules.
Clause 74 provides that a person conducting a category 2 or 3 game must
keep general gaming records at its principal place of business in Queensland
or, if incorporated, at its registered office in Queensland.
Clause 75 provides that a holder of a bingo centre licence must keep
general gaming records about each bingo game, in a safe place.
11
Charitable and Non-Profit Gaming
Clause 76 provides that a holder of a lucky envelope printer licence must
keep general gaming records about each game of lucky envelopes printed, in
a safe place.
Clause 77 provides that general gaming records must be kept for a period
approved by the chief executive, of not more than 5 years after the end of
the relevant game.
Clause 78 provides for the keeping of accounting records by a person
conducting category 1, 2 or 3 games.
Clause 79 provides for the preparation of financial statements and
accounts by the holder of a category 3 gaming licence.
Clause 80 requires a person conducting a category 3 game to keep a
financial institution account for banking transactions for the person's
gaming operations.
Clause 81 requires the submission to the chief executive of reports about
the operation of the game of a person conducting a category 3 game.
Clause 82 requires that a person conducting a category 3 game must
provide the chief executive with a return about each draw in the game within
the period stated by the chief executive. In the case of a special category 3
game, this return must be submitted within 2 months after the last draw.
Clause 83 provides that a person conducting a category 1, 2 or 4 game
must respond to a written request from the chief executive for a return about
a game or session within the time period stated in the notice.
Clause 84 requires a holder of a lucky envelope printer licence to provide
the chief executive with a return every 6 months.
Clause 85 defines "accountant".
Clause 86 provides that if the chief executive considers it necessary for
the public interest or for the proper conduct of general gaming, the chief
executive may require a person conducting category 1 or 4 gaming to ensure
the person's financial records for the gaming operations are audited by an
accountant as soon as practicable after the end of the financial year.
Clause 87 provides that a person conducting a category 3 game or certain
category 2 games (where the gross proceeds exceed an amount prescribed
in a Regulation) must ensure the person's financial records for the general
gaming operations are audited by an accountant as soon as practicable after
the end of the financial year.
12
Charitable and Non-Profit Gaming
Clause 88 provides that a holder of a bingo centre licence must ensure its
financial records for operating the bingo centre are audited by an accountant
as soon as practicable after the end of the financial year.
Clause 89 provides that a holder of a lucky envelope printer licence must
ensure the financial records for the holder's operations are audited by an
accountant as soon as practicable after the end of the financial year.
Clause 90 outlines the requirements for an accountant undertaking an
audit under the division.
Clause 91 provides that the chief executive must immediately be given a
copy of an audit report prepared under clause 90.
Clause 92 provides that, if a person fails to give the chief executive a
copy of an audit report under clause 91, then the chief executive may ask the
auditor for a copy of the report.
Clause 93 allows the chief executive to require a person to provide
further information about matters contained in the entity's audit report.
Clause 94 provides that the chief executive may declare a person to be
exempt from audit requirements if the chief executive considers that the
extent of the person's gaming operations does not warrant an audit.
Clause 95 outlines the way in which a person must deal with prizes
including the requirements relating to the delivery of prizes and the
processes for dealing with unclaimed prizes.
Clause 96 outlines the way in which a person must deal with disputed
prize claims.
Clause 97 provides that a person must only issue tickets for a game if the
tickets include the information prescribed under a rule.
Clause 98 provides that a person may apply to the chief executive for
approval of regulated general gaming equipment or a proposed modification
to such equipment.
Clause 99 provides that the chief executive must consider an application
lodged under clause 98, and must carry out any evaluation of the equipment
considered to be necessary.
Clause 100 provides that the chief executive must approve, or refuse to
approve, the equipment or its modification. The chief executive may
approve such equipment only when satisfied that the equipment or proposed
13
Charitable and Non-Profit Gaming
modification meets certain specified criteria.
Clause 101 provides that a person advertising a game must take
reasonable steps to ensure that the advertisement is not indecent or
offensive; is based on fact; is not false, deceptive or misleading in a material
particular and complies with the rules for the game.
Clause 102 provides that the chief executive may direct a person to stop
or change advertisements relating to a game that the chief executive believes
contravenes clause 101.
Clause 103 provides for a system of complaint resolution in relation to
the conduct of gaming operations.
Clause 104 requires a person to report to the chief executive, dishonest
acts relating to the conduct of gaming and provides that a person can not be
mistreated as a result of submitting such a report to the chief executive.
Clause 105 prohibits bribery of general gaming officials.
Clause 106 prohibits cheating in relation to a game.
Clause 107 prohibits a person conducting a game from extending credit
in any form to enable a player to participate in a game.
Clause 108 prohibits the forging or uttering of official general gaming
documents.
Clause 109 prohibits the impersonation of a representative of a person
conducting general gaming or a general gaming official.
Clause 110 provides that a person involved in the conduct of a game
must not allow a minor to participate in a game if a prize for the game
includes liquor.
PART 6--INVESTIGATION AND ENFORCEMENT
Clause 111 provides that the chief executive may appoint inspectors who
are public service officers or employees or are otherwise prescribed under a
regulation.
Clause 112 outlines the qualifications that a person must possess prior to
being appointed as an inspector.
14
Charitable and Non-Profit Gaming
Clause 113 provides that the Minister may approve an audit program for
investigating inspectors. The audit program may be used by the chief
executive in reconsidering whether a person is suitable to perform the duties
of an inspector.
Clause 114 provides for matters that the chief executive is to consider
when assessing the suitability of a person to be appointed, or to continue, as
an inspector; including asking for and obtaining criminal history reports
from the commissioner of the police service.
Clause 115 defines the powers of inspectors.
Clause 116 provides that an inspector is appointed on conditions that are
outlined in the instrument of appointment. The clause also outlines
circumstances where an inspector ceases to hold office.
Clause 117 provides that the chief executive must issue an inspector with
an identity card and outlines the information that must be included on the
identity card. A person who ceases to be an inspector is to return the
person's identity card to the chief executive.
Clause 118 sets out requirements for the production and display,
wherever practicable, of an inspector's identity card when exercising powers
under the Act.
Clause 119 outlines an inspector's right of entry to certain places with
and without consent or warrant.
Clause 120 provides a procedure for obtaining the consent of the
occupier for an inspector to enter a place under clause 119 (1) (a).
Clause 121 provides for an application to a justice for a warrant. The
application must be sworn and must state the grounds on which the warrant
is sought.
Clause 122 sets out requirements to be satisfied for a justice to issue a
warrant and for the contents of any such warrant.
Clause 123 provides for the application for and issue of a special warrant
in urgent or special circumstances and provides evidentiary presumptions in
relation to proving that a special warrant was issued.
15
Charitable and Non-Profit Gaming
Clause 124 provides a procedure for an inspector to follow prior to
entering a place under a special warrant. However, an inspector is not
required to comply with this procedure if the inspector reasonably believes
that immediate entry to the place is required to ensure the effective execution
of the warrant.
Clause 125 sets out general powers of inspectors where entry to a place
is authorised.
Clause 126 provides a penalty for the failure by a person to provide
reasonable assistance to an inspector when required to do so under clause
125 (3) (g).
Clause 127 provides a penalty for the failure by a person to give
information required by an inspector under clause 125 (3) (h).
Clause 128 allows an inspector who enters a general gaming place to
seize a thing that the inspector reasonably believes is evidence of an offence
under this Act.
Clause 129 provides requirements for an inspector to seize a thing at a
place, other than a general gaming place, where entry was with the consent
of the occupier or with a warrant.
Clause 130 provides for the securing of things seized by an inspector.
Clause 131 provides a penalty for tampering with a thing seized by an
inspector.
Clause 132 allows an inspector to require a person in control of a thing to
take action in order to enable a thing to be seized, and provides an offence
for failure to comply with the requirement.
Clause 133 provides for the issue of a receipt for anything seized by an
inspector.
Clause 134 provides for the forfeiture to the State, in certain cases, of
things that have been seized by an inspector and outlines the procedures to
be followed in the event of forfeiture.
Clause 135 requires an inspector to return seized things which have not
been forfeited within 6 months of seizure, or from the end of any
proceeding for an offence or appeal from the proceeding, or when the thing
is no longer required as evidence.
16
Charitable and Non-Profit Gaming
Clause 136 provides for an owner to obtain access to a seized thing that
has not been forfeited or returned.
Clause 137 empowers an inspector to give a direction stopping the use of
a particular thing in conducting games if the inspector reasonably believes
that the continued use of the thing may jeopardise integrity in conducting
games or adversely affect the public interest.
Clause 138 deals with how a stop direction or notice under clause 137 is
to be given. The notice in which the direction is given must state the
grounds for the direction.
Clause 139 provides an offence for failure to comply with the stop
direction.
Clause 140 provides that an inspector may require a person to state their
name and address in certain circumstances.
Clause 141 provides an offence for the failure by a person to provide an
inspector with the person's name and address.
Clause 142 allows an inspector to require production of documents
issued, or required to be kept under, the Act. An inspector may also copy a
document and may require a person to certify a copy of a document as a
true copy.
Clause 143 provides an offence for failure to produce a document to an
inspector when required.
Clause 144 provides an offence for failure to certify a document required
by an inspector.
Clause 145 allows an inspector to require a person to attend before the
inspector at a reasonable time and place to answer questions about a
document required to be produced, the conduct of general gaming or issues
associated with general gaming equipment.
Clause 146 provides an offence for failure to attend before an inspector,
failure to answer a question or provide information; or making false and
misleading statements.
Clause 147 provides that an inspector may require information from the
manager at a place of business of a financial institution with respect to
accounts for a person's general gaming operations.
17
Charitable and Non-Profit Gaming
Clause 148 provides that the manager or the financial institution is not
liable for breach of trust merely by complying with the requirement of an
inspector under clause 147.
Clause 149 provides an offence for failure to comply with a financial
records requirement.
Clause 150 empowers the chief executive to direct a person to stop or
change an unsatisfactory management practice if the chief executive
reasonably believes that it may compromise the integrity of the conduct of
games or adversely affect the public interest.
Clause 151 empowers the chief executive to issue a person with a
direction about the person's conduct of general gaming.
Clause 152 allows a court to order the forfeiture of things that have been
used to commit an offence or are the subject of an offence where a person
has been convicted of an offence under the Act.
Clause 153 provides that, if a person is served with an infringement
notice for an offence under the Act and duly pays the infringement penalty,
then the chief executive may order the forfeiture of things which have been
used to commit an offence or are the subject of an offence.
Clause 154 provides that a thing that has been forfeited to the State
becomes the property of the State and may be destroyed by the chief
executive.
Clause 155 requires an inspector to notify an owner whose property has
been damaged by the inspector in the exercise of the inspector's powers.
Clause 156 allows a person to claim compensation from the State for
damage caused, or cost incurred, in the exercise or purported exercise of an
inspector's powers and it outlines the manner and extent to which
compensation may be sought.
Clause 157 protects certain officials from liability in relation to acts, or
omissions, made honestly and without negligence under the Act.
Clause 158 makes it an offence to knowingly make a false or misleading
statement to an inspector.
Clause 159 makes it an offence to knowingly provide a document
containing false, misleading or incomplete information to an inspector.
18
Charitable and Non-Profit Gaming
Clause 160 makes it an offence to obstruct an inspector in the exercise of
a power.
PART 7--LEGAL PROCEEDINGS
Clause 161 specifies the application of Division 1 of this part.
Clause 162 contains evidentiary provisions in relation to appointments
and authorities.
Clause 163 is an evidentiary provision in relation to signatures of the
chief executive and inspectors.
Clause 164 contains evidentiary provisions in relation to matters certified
by the chief executive.
Clause 165 outlines which offences in the Act are indictable offences and
which are summary offences.
Clause 166 outlines proceedings for indictable offences.
Clause 167 specifies indictable offence proceedings that must be heard
before a magistrate.
Clause 168 limits the time for starting summary proceedings for an
offence under the Act.
Clause 169 defines the responsibility of a person for acts or omissions
by the entity or the person's representative.
Clause 170 provides that the executive officers of a corporation must
ensure the corporation complies with the Act and outlines the extent to
which liability for offences committed by the corporation are extended to the
executive officers.
Clause 171 outlines the extent to which liability for offences committed
by unincorporated associations under the Act are applied to specified
management members of the association.
Clause 172 provides that it is an offence to attempt to commit an offence
against the Act.
Clause 173 provides that a court may order the forfeiture to the State of
monies received by an entity convicted of conducting gaming in
contravention of clauses 18, 19 or 20.
19
Charitable and Non-Profit Gaming
PART 8--APPEALS
Clause 174 provides that an appeal may be made to the Queensland
Gaming Commission by an applicant or licensee against specified decisions
of the chief executive.
Clause 175 provides the owner of a thing seized by an inspector with a
right of appeal to the Queensland Gaming Commission against the decision
of the inspector to forfeit the thing under clause 134.
Clause 176 sets out the procedure for starting an appeal.
Clause 177 provides that the Queensland Gaming Commission may
grant a stay of the operation of the decision appealed against, to secure the
effectiveness of the appeal. Such an appeal may be given on conditions the
Commission considers appropriate, operate for a time period fixed by the
Commission and may be revoked or amended by the Commission.
Clause 178 outlines the powers able to be exercised by the Gaming
Commission in deciding an appeal and states that an appeal is by way of
rehearing.
Clause 179 provides that the Gaming Commission may require a person
to attend and to provide evidence under oath.
Clause 180 allows the Gaming Commission, in deciding an appeal, to
confirm a decision, set aside a decision and substitute another decision or set
aside a decision and return it to the decision maker with directions.
Clause 181 allows an appeal to a District Court from a decision of the
Gaming Commission on a question of law.
PART 9--MISCELLANEOUS
Clause 182 provides that a fee payable by a person under the Act is a
debt payable to the State.
Clause 183 imposes a duty of confidentiality on persons who are, or
have been, engaged in functions related to the administration or enforcement
of the Act but it allows disclosure for a purpose under the Act or with the
approval of the chief executive to certain persons and entities or with some
lawful excuse.
20
Charitable and Non-Profit Gaming
Clause 184 provides for delegation of powers under the Act by the
Minister and the chief executive.
Clause 185 authorises the chief executive to approve forms for use under
the Act.
Clause 186 authorises the making of regulations under the Act.
PART 10--TRANSITIONAL PROVISIONS AND
REPEAL
Clause 187 defines the "repealed Act" as the Art Unions Act 1992.
Clause 188 outlines that references to the repealed Act are to be taken to
be references to this Act.
Clause 189 provides for games started under the repealed Act to continue
under this Act.
Clause 190 outlines the transitional standing of approvals for a lucky
envelope vending machine given under section 66 of the repealed Act, in
relation to clause 100 of this Act and the period of such standing given the
nature of the initial approval.
Clause 191 outlines how licences and permits will continue under this
Act.
Clause 192 outlines the transitional standing of existing orders,
directions, requirements or decisions under the repealed Act, in relation to
this Act.
Clause 193 provides that inspectors under the repealed Act will be taken
to be appointed under this Act.
Clause 194 provides for regulations to be made that are of a saving or
transitional nature.
Clause 195 provides for the repeal of the Art Unions Act 1992.
21
Charitable and Non-Profit Gaming
PART 11--CONSEQUENTIAL AND OTHER
AMENDMENTS
Clause 196 provides that Schedule 1 amends the Acts mentioned in it.
Schedules
Schedule 1 provides for consequential amendments to other Acts.
Included in the consequential amendments for the Wagering Act 1998 is an
administrative amendment to section 166--Calculation and payment of
wagering tax to provide a more efficient method of calculating totalisator
and fixed odds wagering tax. The definition of "gross revenue" has also
been amended to provide for the calculation of wagering tax where the
operator is a party to an ancillary wagering agreement.
Schedule 2 contains the Dictionary that defines the terms used in the Act.
© The State of Queensland 1999