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1
Interactive Gambling (Player Protection) Amendment
INTERACTIVE GAMBLING (PLAYER
PROTECTION) AMENDMENT BILL 1999
EXPLANATORY NOTES
Short Title
Interactive Gambling (Player Protection) Amendment Bill 1999.
Objectives of the Legislation
The Bill amends the Interactive Gambling (Player Protection) Act 1998
to provide the legislative framework for ensuring that community
expectations are being met in relation to the involvement of elected officials
and associated persons with interactive gambling licensees.
Reasons for the Legislation
The changes to the Interactive Gambling (Player Protection) Act 1998
incorporated in the Interactive Gambling (Player Protection) Amendment
Bill provide legislative support in establishing a mechanism to ensure the
utmost public confidence is maintained in the integrity, not only of any
interactive gambling licensee, but in those elected officials and associated
persons, directly or indirectly, associated with such licensees.
The Bill contains two parts. Firstly, it contains provisions to revoke the
licence of GOCORP Limited if Navari Pty Ltd, Topki Holdings Pty Ltd or
disqualified persons continue to have an interest in GOCORP Limited and
provides that no benefit is to be received in disposing of that interest.
Secondly, it introduces a Regulation making power to prevent disqualified
persons from having an interest, directly or indirectly, in interactive
gambling licensees.
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Interactive Gambling (Player Protection) Amendment
Estimated Cost for Government Implementation
There are no significant additional costs anticipated from the
implementation of this legislation although the State may incur some minor
costs in arranging for the disposal of interests forfeited under the Regulation
making power. The Bill will enable the regulatory role of the Queensland
Office of Gaming Regulation to be clarified in relation to the involvement of
elected officials with interactive gambling licensees.
Assessment of Bill's Consistency with Fundamental Legislative
Principles
The Bill has been prepared taking into consideration fundamental
legislative principles. A deviation from these principles has occurred firstly
in relation to the removal of the rights of certain elected officials, their
families and other persons from any beneficial association with interactive
gambling licence holders. Secondly, the Bill removes the right of an
association between GOCORP and Navari Pty Ltd and Topki Holdings Pty
Ltd. Thirdly, the Bill provides the ability to revoke the existing GOCORP
licence if an association with Navari Pty Ltd, Topki Holdings Pty Ltd or
disqualified persons continues.
However, these provisions are absolutely necessary in the public interest
to ensure integrity in the ownership and control of the interactive gambling
licence of GOCORP and future licences.
Consultation
The Bill has been drafted to reflect the significant community concern
regarding the relationship between elected officials and interactive gambling
licence holders.
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Interactive Gambling (Player Protection) Amendment
NOTES ON PROVISIONS
Clause 1 sets out the Short Title of the Act.
Clause 2 identifies the Interactive Gambling (Player Protection) Act
1998 as the Act to be amended.
Clause 3 amends section 44(1) to provide an additional ground for
suspending or cancelling an interactive gambling licence.
Clause 4 inserts sections 261A, 261B and 261C. Section 261A states
that the interactive gambling licence of GOCORP Limited is cancelled 30
days after the commencement of the section unless Navari Pty Ltd, Topki
Holdings Pty Ltd and disqualified persons no longer retain a beneficial
interest in or association with GOCORP and the chief executive notifies that
GOCORP has satisfied the chief executive that such interests have ceased.
Section 261B prevents prohibited persons or relevant companies from
profiting from any transaction, directly or indirectly, before or after the
commencement of the section, where the transaction is related to a
beneficial interest in GOCORP. Any consideration received from the
disposal of the interest that is in excess of the consideration given in
acquiring the interest is forfeited to the State. The section applies whether
the consideration was received before or after commencement of the section
or will be received at anytime in the future. Section 261B has effect despite
anything in Corporations Law.
Section 261C provides that the State is not civilly liable for actions done
under sections 261A or 261B.
Clause 5 inserts sub-sections (2) through (9) in section 263 to provide a
Regulation making power to prevent disqualified persons from having an
interest, directly or indirectly, in interactive gambling licensees.
Clause 6 amends the dictionary in Schedule 3 to include further
definitions relating to the amendments.
© The State of Queensland 1999