Queensland Consolidated Acts
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GAMING MACHINE ACT 1991
TABLE OF PROVISIONS
Long Title
Contents
Part 1--Preliminary
1. Short title
1A. Object
2. Definitions
3. Meaning of conduct of gaming
4. Approval of terminating date for financial year
5. Meaning of associate
6. Meaning of control action under the Corporations Act
7. Meaning of due date for payment
8. Meaning of information notice
9. Meaning of jackpot payout
10. Meaning of metered payouts
11. Meaning of percentage return to player
12. Meaning of play a gaming machine
13. Act binds the Crown
14. Acceptable evidence of age
Part 2--Administration
15. Establishment of commission
16. Functions of commission
17. Powers of commission
18. Commissioners
19. Tenure of office
20. Leave of absence
21. Register and disclosure of interests
22. Termination of appointment of commissioners
23. Terms and conditions of appointment of commissioners
24. Acting appointments
25. Meetings
26. Resources
27. Annual report
28. Decisions or determinations of commission
29. Appeals to Minister
29A. Stay of operation of decision or determination
30. Minister's consideration of appeals
30A. Powers of Minister on appeal
30B. Minister to give reasons for decision
30C. Effect of Minister's decision
31. Appeals to Magistrates Court
32. Appeals to commission
33. Starting appeal
34. Stay of operations of decisions
35. Hearing procedures
36. Power of commission to gather evidence
37. Powers of appeal authority
38. Appeal to District Court
49. Departmental gaming officers to be of good repute
50. Delegations
53. Criminal history reports
53A. Commissioner of police service to notify changes in criminal history
54. Confidentiality of information
54A. Chief executive may issue guidelines
54B. Chief executive may make standard
54C. Notice and availability of standard
Part 3--Gaming machine licences
Division 1--Authorisation of gaming machine gambling
55. Gaming lawful and does not constitute nuisance
Division 2--General requirements for applications of significant community impact
55A. Applications of significant community impact
55B. Community impact statement and statement of responsible gambling initiatives required for application of significant community impact
55C. Advertisement of application of significant community impact
55D. Community comments
55E. Procedure on receipt of community comments
55F. Chief executive's power to invite representations
55G. Waiver or variation of requirement of this division
Division 3--Applications for gaming machine licences
55H. Limit on category 2 gaming machine licences for clubs
56. Application for gaming machine licences
56A. Application for gaming machine licence for replacement category 1 licensed premises
57. Recommendation by chief executive about application for gaming machine licence
58. Decision on application for gaming machine licence
59. Particulars to be fixed on grant of gaming machine licence
60. Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided
Division 4--Application for additional licensed premises
61. Application for additional licensed premises
62. Recommendation by chief executive about additional premises application
63. Decision on additional premises application
64. Fixing number of gaming machines and hours of gaming for additional premises
65. Application of gaming machine licence to additional premises
Division 5--Change of circumstance
66. Changes in circumstances of applicants for gaming machine licences and licensees generally
67. Changes in circumstances of category 2 licensees
Division 6--Gaming machine licences generally
68. Issue of gaming machine licences generally
69. Issue of amalgamated gaming machine licences to clubs
70. Gaming machine licences to be displayed
71. Issue of copy or replacement gaming machine licences—generally
71A. Replacement of gaming machine licence for particular changes
72. Term of gaming machine licences
73. Conditions of gaming machine licences
74. Imposition or variation of conditions
75. Payment and recovery of amounts
76. Renewal and continuance of gaming machine licences
77. Gaming machine licences can not be transferred
78. Certain applications under Liquor Act 1992 subject to chief executive's certificate
79. Other applications under Liquor Act 1992
80. Directions to licensees about authorised gaming machines
80A. When gaming machine licence lapses and number of approved gaming machines changes
80B. Restriction on installation and operation of gaming machines for category 1 licensee
Division 7--Increase of approved number of gaming machines
81. Application to increase approved number of gaming machines
82. Recommendation by chief executive about increase application
83. Decision on increase application
84. Matters to be taken into account for increase application
85. Fixing increase number of gaming machines
85AA. When approval lapses and number of additional gaming machines changes
Division 8--Increase of approved hours of gaming
85A. Application to increase approved hours of gaming
85B. Recommendation by chief executive about increase application
85C. Decision on increase application
85D. Matters to be taken into account for increase application
Division 9--Decrease of approved number of gaming machines
86. Proposals to decrease approved number of gaming machines
87. Decision on decrease proposal
88. Disposal of gaming machines for decrease proposal
88A. Notice of decision about decrease proposal
89. Matters to be taken into account for decrease proposal
90. Surrender or disposal of gaming machines on approval of decrease
Division 10--Decrease of approved hours of gaming
90A. Proposals to decrease approved hours of gaming
90B. Recommendation by chief executive about decrease proposal (hours of gaming)
90C. Decision on decrease proposal (hours of gaming)
90D. Matters to be taken into account for decrease proposal (hours of gaming)
Division 11--Relocation of gaming machine areas
91. Relocation of gaming machine areas
Division 11A--Ceasing gaming at particular licensed premises
91A. Ceasing gaming at licensed premises
91B. Chief executive may amend or replace licence
91C. Dealing with gaming machines on ceasing the conduct of gaming
Division 12--Disclosure and investigations
92. Disclosure of influential or benefiting parties
93. Investigation of licensees and associates
94. Cessation or commencement of executive officer or secretary
Division 13--Surrender, suspension, cancellation etc.
95. Surrender of gaming machine licences
95A. Surrender of gaming machine licence being replaced
96. Action affecting gaming machine licences based on action affecting liquor licences
97. Cancellation or suspension of gaming machine licences and letters of censure
98. Immediate suspension of gaming machine licence
99. Suspension of gaming machine licence for non-payment of gaming machine tax, levy or penalty
100. Effect of suspension of licence
101. Notices to interested persons
102. Gaming machines not to be played
103. Amounts payable under gaming machine licence that ceases to have effect
104. Disposal of gaming machines on cancellation or non-renewal of gaming machine licence
105. Destruction of fingerprints
106. Appointment of administrator instead of suspension
107. Expenses of administration
108. Liability for losses incurred during administration
109. Special authorisation to conduct gaming
Part 3A--Operating authorities for category 1 licensed premises
Division 1--Preliminary
109A. Limit on number of operating authorities
Division 2--Sale of operating authorities
109B. Sale of operating authority
109C. Purchase of operating authority at authorised sale
109D. Dealing with amounts received on sale of operating authorities of the State
109E. Dealing with amounts received on sale of licensee's operating authority
Division 3--Other matters about operating authorities
109F. When operating authorities become operating authorities of the State
109G. Compensation is not payable
109H. Operating authority not to be encumbered
109I. Issuing replacement gaming machine licence to show endorsed number of operating authorities
Part 4--Licensing of monitoring operators, dealers and testing facility operators
Division 1--Interpretation
110. References to particular licensed suppliers
111. References to particular suppliers' licences
Division 2--Suitability of persons
112. Suitability of applicants for, and holders of, suppliers' licences
113. Suitability of associates
114. Other issues about suitability
Division 3--Applications for, and issue of, suppliers' licences
115. Application for licence
116. Further information to support application
117. Change in circumstances of applicant
118. Fresh disclosure affidavit by applicant
119. Consideration of application
120. Investigations about application
121. Recommendation about application
122. Decision about application
123. Conditions of licences
124. Form of licence
125. Duration of licence
126. Provisional licences
Division 4--Dealings affecting suppliers' licences
127. Changing conditions of licence
128. Recording change of conditions
129. Extension of licence
130. Renewal of licence—application
131. Renewal of licence—decision
132. Replacement of licence
133. Licence not transferable
134. Surrender of licence
Division 5--Investigation of licensed suppliers and associates
135. Approving audit programs
136. Conducting investigations
137. Requirement to give information or material for investigation
138. Failure to give information or material for investigation
Division 6--Suspension and cancellation of suppliers' licences
139. Grounds for suspension or cancellation
140. Show cause notice
141. Involvement of interested persons of licensed monitoring operators in show cause process
142. Consideration of representations
143. Ending show cause process without further action
144. Censuring licensed supplier
145. Direction to rectify
146. Recommendation to suspend or cancel
147. Decision of commission
148. Suspension, cancellation and appointment of administrator
149. Immediate suspension
150. Effect of suspension
151. Terms of appointment, and role, of administrator
152. Notices to interested persons
Division 7--Obligations of licensed suppliers
Subdivision 1--Obligations for all licensed suppliers
153. Change in circumstances of licensed supplier
154. Fresh disclosure affidavit by licensed supplier
155. Change of officers of licensed supplier
156. Returns about employees
157. Notice about failure of licensee to pay amount
Subdivision 2--Additional obligations for licensed monitoring operators
158. Returns about licensed key monitoring employees
159. Change of licensed key monitoring employees
160. Ending person's employment
161. Requirement to end key officer's role
162. Notice about failure of licensee to pay basic monitoring fee
Division 8--Compliance requirements
Subdivision 1--Control systems
162A. Application of sdiv 1
163. Approved control system for supply operations
164. Control system submission
165. Control system (change) submission
166. Dealing with submissions
167. Direction to change approved control system
Subdivision 2--Monitoring records
168. Notices about keeping monitoring records
169. Places at which monitoring records to be kept
170. Period for which monitoring records to be kept
Subdivision 3--Financial accounts, statements and reports
171. Keeping of accounts
172. Preparation of financial statements and accounts
173. Submission of reports
Subdivision 4--Financial institution accounts
174. Keeping of accounts
175. Use of accounts
Subdivision 5--Audit
176. Operators audit guidelines
177. Audit of monitoring operations
178. Carrying out of audit
179. Dealing with audit report
180. Associated documents for audit report for licensed monitoring operator
181. Further information about audit report or associated documents
Division 9--Other matters
182. Disclosure affidavits about persons having influence or receiving benefits
183. Requirements for returns about employees
184. Requirements for notices about unpaid amounts
Part 5--Licensing of repairers, service contractors, gaming nominees, gaming employees and key monitoring employees
Division 1--Preliminary
185. Meaning of key monitoring employee
186. Meaning of key officer
187. Unlicensed persons not to install etc. gaming equipment
188. Entering into service contracts
189. Licensing requirements for carrying out gaming duties on licensed premises
190. Unlicensed persons not to be key monitoring employees
191. Certain persons must apply for gaming employee's licence
192. Certain persons must apply for key monitoring employee's licence
193. Meaning of nominee
194. Identity cards for certain nominees
195. Nominees of licensees
Division 2--Applications for licences, and changes in circumstances of applicants and holders of licences
196. Application for gaming nominee's licence by licensed gaming employee
197. Application for gaming employee's licence by licensed gaming nominee
198. Applications for licences under this part
199. Changes in circumstances of applicants for and holders of licences
200. Chief executive to consider application
201. Decision on application
Division 3--Form of licence and other matters about licences
202. Form of licence
203. Issue of copy or replacement licence
204. Term of licences
205. Conditions of licences
206. Changing conditions of licence
206A. Recording change of conditions
207. Renewal and continuance of licences
208. Licences not to be transferred
Division 4--Displaying licences etc., and disclosing information
209. Display of certain licences, identity cards and particulars
210. Disclosure of influential or benefiting parties
Division 5--Audit programs and investigations
211. Approving audit programs
212. Conducting investigations of licensed persons and associates
213. Requirement to give information or document for investigation
214. Failure to give information or document for investigation
Division 6--Suspension and cancellation of licences, and other action by chief executive
Subdivision 1--Suspension and cancellation
214A. Grounds
214B. Show cause notice
214C. Consideration of representations
214D. Immediate suspension
214E. Suspension and cancellation of licence after show cause process
Subdivision 2--Other action by chief executive
214F. Ending show cause process without further action
214G. Censuring licensed person
214H. Direction to rectify matter after show cause process
214I. Cancellation or reduction of period of suspension
Division 7--Miscellaneous
215. Cessation or commencement of executive officer or secretary
216. Employment of licensed repairers
217. Returns about employees and agreements
218. Surrender of licences
223. Destruction of fingerprints
224. Provisional licences
Part 6--Supervision and management of gaming
Division 1--Installation and storage, and register, of gaming machines
225. Installation and storage of gaming machines by licensees
226. Licensee's register of gaming machines
227. Gaming machines not to be played if not installed in gaming machine area
228. Gaming equipment not to be an annoyance etc.
Division 2--Advertising
229. Advertisements related to gaming
230. Directions about advertising
Division 3--Gaming related systems
231. Installation, operation and modification of gaming related systems
232. Approvals for gaming related systems
Division 4--Fees for basic monitoring services, and maintaining facilities
233. Basic monitoring fees
234. Maintenance of facilities etc.
Division 5--Hours of gaming and rules ancillary to gaming
235. Hours of gaming
236. Rules ancillary to gaming
237. Rules ancillary to gaming to be displayed and enforced
Division 6--Extending credit, and gaming tokens
238. Licensees or employees not to extend credit
239. Gaming tokens
240. Gaming tokens that are not Australian currency
Division 7--Provisions about winnings and other payments
241. Entitlement of players to winnings
242. Payments for gaming
242A. Unclaimed payments
243. Gaming by employees of licensees
244. Gaming system malfunctions
245. Notices and reports about payout refusal decisions
246. Requests for review of payout refusal decisions
247. Review of payout refusal decisions
248. Review of initial review decisions
249. Effect of reviews on payout refusal decisions
Division 8--Defective gaming system components, and security of gaming machines
250. Defective gaming system components not allowed
251. Security of keys etc.
252. Certain persons only to have access etc. to gaming machines
Division 9--Provisions about minors
253. Minors can not play gaming machines
254. Minors can not be allowed to game
255. False representation of age
256. Wrongful dealing with genuine evidence of age
257. Seizure of document wrongly used as evidence of age
258. Ascertainment of age
259. Seizure of material associated with representation of age
260. Defence to charge if age material
Division 10--Excluding or removing persons from licensed premises or gaming machine areas
Subdivision 1--Provisions about self-exclusion
261. Self-exclusion notice
261A. Self-exclusion order
261B. Revoking self-exclusion order
Subdivision 2--Exclusion instigated by licensee
261C. Exclusion direction
261D. Duration of exclusion direction
261E. Application to revoke exclusion direction
261F. Deciding application to revoke exclusion direction
Subdivision 3--Other provisions
261G. Particular persons not to enter or remain in licensed premises or gaming machine area
261H. Counselling
261I. Obligation to prevent person from entering or remaining in licensed premises or gaming machine area
261J. Register
261K. Report about prohibition under order or direction
261L. Distributing promotional or advertising material about licensed premises
262. Removal of certain persons
Division 11--Obstructing licensees and other persons
263. Obstruction to removal from licensed premises
264. Obstruction generally
Division 12--Reports about matters relating to compliance with Act
264A. Compliance self-assessment
264B. Keeping compliance self-assessment
264C. Report about particular activities
Part 7--Control of gaming machines
265. Manufacture, sale, supply, obtaining or possession of gaming machines
265A. Dealing with gaming equipment etc. by monitoring operators and approved financiers
266. Possession of gaming equipment and other property by licensed monitoring operators
267. Possession etc. of gaming equipment and other things by licensed major dealers
267A. Possession etc. of particular gaming equipment by licensed testing facility operator
268. Possession etc. of restricted components by licensed secondary dealers
269. Possession etc. of gaming equipment and other things by licensed repairers
270. Possession etc. of gaming equipment and other things by licensed service contractors
271. Possession etc. of gaming equipment and other things by licensees
272. Possession etc. of gaming machines etc. by other persons
273. Gaming equipment not to be encumbered
274. Repossession of gaming machines
275. Storage of gaming machines by operators and financiers
276. Operators and approved financiers must keep registers of gaming machines
277. Destruction of gaming machines
281. Approval and rejection of gaming machines and games
282. Replacing approved games
283. Changes to percentage returns
284. Withdrawal of approval of gaming machine types and games
285. Gaming machines supplied to be in accordance with approval
286. Inducing the acquisition of gaming equipment or ancillary or related equipment
287. Requirements for approvals for linked jackpot arrangements
288. Decisions about approvals for linked jackpot arrangements
289. Gaming machines to be labelled with chief executive's identification number
290. Gaming prohibited on unprotected devices
291. Unlawful interference with gaming equipment
292. Protection of sensitive areas of gaming equipment
292A. Licensee's obligation about site controller
293. Wilful damage of gaming equipment
294. Use of unauthorised gaming machines
Part 8--Accounting procedures
295. Monthly money clearances
296. Periodic money clearances
297. Requirement for money clearance
298. Accounts and analyses
299. Monthly gaming machine reconciliation reports
300. Records not to be falsified etc.
301. Licensees audit guidelines
302. Audit of gaming operations
303. Carrying out of audit
304. Dealing with audit report
305. Community benefit statement and other associated documents for audit report for category 2 licensee
306. Further information about audit report or associated documents
307. Notices about keeping accounting records
308. Keeping accounting records
309. Period for which licensee's accounting records to be kept
Part 9--Taxes, levies and fees
Division 1--Assessment of monthly taxable metered wins
310. Monthly taxable metered win
Division 2--Gaming machine tax and relevant funds
312. Gaming machine tax
313. Sport and recreation benefit fund
314. Community investment fund
315. Gambling community benefit fund
316. Gambling Community Benefit Committee
Division 3--Health services levy
316A. Purpose of div 3
316B. Health services levy on category 1 licensed premises
316C. Health services fund accounts
Division 4--Payment of taxes, levies and fees and related matters
317. Payment of taxes etc.
318. Adjustment of gaming machine tax
319. Penalty for late payment
320. Forgiven or overpaid money
321. Financial statement of licensed monitoring operator
322. Disposition of fees etc.
323. Adjustment of assessment in certain circumstances
324. Recovery of taxes, levies and penalties
325. Offences relating to revenue
Part 10--Investigation and enforcement
Division 1--Inspectors
Subdivision 1--Appointment of inspectors
325A. Appointment and qualifications
Subdivision 2--Other matters about inspectors
325B. Conditions and limit on powers
325C. Issue of identity card
325D. Production or display of identity card
325E. When inspector ceases to hold office
325F. Resignation
325G. Return of identity card
Subdivision 3--Audit program and report about criminal history
325H. Audit program
325I. Report about criminal history
Division 2--Directions, powers of inspectors etc.
326. Interpretation
327. Directions
328. Stop directions
329. General powers of inspectors
330. Offences relating to inspectors
331. Forfeiture of things that have been seized
332. Return of things that have been seized
333. Access to things that have been seized
334. Dealing with forfeited things
335. Minister may order inquiry
336. Review and termination of agreements
337. Financial institution may be required to furnish particulars
Part 11--General
338. Certain persons not to play gaming machines
339. Restricted officials prohibited from playing gaming machines
340. Prohibition on control of applications by category 2 licensees
341. Prohibition on control of gaming at category 2 licensed premises
341A. Restriction on membership of management committee or board
342. Restriction on certain agreements
343. Exemption of devices etc.
344. Approvals and authorities under this Act
345. Signatories to approvals and written requirements etc. of the commission
346. Bribery of gaming officials
347. Financial connections and interests of restricted officials
348. Reporting of accounting discrepancies and criminal activity
349. Cheating
350. Forgery and like offences
351. Liability for offences by servants, agents or employees
352. Liability for offence by body corporate
353. Claims of privilege in proceedings for offences
354. Protection of officers etc.
355. Attempt to commit offence
356. Proceedings for offences
357. Starting proceedings
358. Warrant and arrest of person offending against Act
359. Forfeiture on order of court
360. Service of notices, documents etc.
361. Evidentiary provisions
362. Disclosure of criminal history
363. Refund of amounts in certain circumstances
364. Approval of forms
365. Alternatives to forms
366. Regulation-making power
Part 12--Transitionals
Division 1--Provisions for Gaming Machine Amendment Act 1997
368. Chief executive to supply gaming machines etc. until there is a licensed operator
369. Gaming machine tax for June 1997
370. Recovery of certain amounts outstanding at 30 June 1997
371. Payment of certain amounts received after 30 June 1997
372. Inspectors and officers of the division
Division 2--Provisions for Gaming Machine and Other Legislation Amendment Act 1999
373. Definitions
374. Term of gaming machine licences
375. Approved control systems for existing operators
376. Nominees of licensees
377. Application for gaming nominees' licences
378. Applications for machine managers' licences
379. Machine managers' licences
380. Licensed machine managers
381. Term of part 5 licences
382. Continuation of certain agreements for stated period
Division 3--Provisions for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999
383. Definitions
384. Continuation of appeals by former listed persons
385. Existing inspectors
386. Existing additional employees
387. Certain listed manufacturers taken to be licensed major dealers
388. Listed suppliers taken to be licensed secondary dealers
389. Appeal decisions resulting in persons taken to be licensed dealers
390. Continuation of directions prohibiting the playing of gaming machines
391. Consideration of social and community issues for existing applications
Division 4--Provisions for Gambling Legislation Amendment Act 2000
392. Certain gaming machine licences to lapse
393. Certain approvals to lapse
394. Hours of gaming for existing licences
395. Closure of charities and rehabilitation benefit fund
396. Saving of appointments of members of Gaming Machine Community Benefit Committee
397. Applications of significant community impact
398. Application of guidelines to existing applications
Division 5--Provisions for Gaming Machine Amendment Act 2001
399. Transitional provision for applications relating to gaming machine licences
400. What happens to an application if made after 8 May 2001
401. First month for which the major facilities levy is payable
Division 6--Subsequent provisions for Gaming Machine Amendment Act 2001
402. Provision for applications for which a date has been fixed under s 399(7)
403. Transitional provision for applications continued under Liquor Act 1992 for removal of licences under Liquor Act 1912, s 49A
Division 7--Transitional provisions for Gambling Legislation Amendment Act 2002
404. Definition for div 7
405. Application of particular provisions to licensed major dealer and secondary dealer
406. Dealing with existing applications
407. Appeals
Division 8--Provisions for Gaming Machine and Other Legislation Amendment Act 2003
Subdivision 1--Preliminary
408. Definitions for div 8
Subdivision 2--Allocation of operating authorities
409. Allocation of operating authorities
410. Notice about registering for allocation of operating authorities
411. Registration for allocation of operating authorities
412. Chief executive to issue replacement gaming machine licence
413. Information for replacement gaming machine licence
Subdivision 3--Dealing with allocation disputes under Tribunal Act
414. Jurisdiction of tribunal
415. Application of Tribunal Act
416. Application to tribunal
417. Mediation of allocation dispute
418. Proceeding before tribunal
419. Allocation dispute to be taken to tribunal
420. Orders relating to allocation dispute
Subdivision 4--Other transitional matters
421. Appeals
422. Applications for decrease proposal
423. Application of s 80B
424. Restriction on surrender of gaming machine licence for category 1 licensed premises
425. Disposal of gaming machines
426. Directions relating to allocation dispute
427. Disclosure of information
Division 9--Provisions for Gambling Legislation Amendment Act 2004
428. Definitions for div 9
429. Dealing with notice to show cause
430. Transitional provision about immediate suspension of licence
431. Direction to rectify under pre-amended Act
432. Appeals to commission
433. Continuation of obligation under pre-amended Act, s 261
434. Members of category 2 licensee's management committee or board
Division 10--Provisions for Gambling Legislation Amendment Act 2005
435. Definitions for div 10
436. Application for gaming machine licence
437. Application for gaming nominee's licence
438. Obligation of licensee
439. Obligation of licensed gaming nominee
440. Inspectors
441. Audit program for inspectors
Division 11--Provisions for Revenue Legislation Amendment Act 2005
442. Dealing with major facilities levy amount
443. When health services levy is payable
Division 12--Provisions for Revenue and Other Legislation Amendment Act (No. 2) 2007
444. When gaming machine licence lapses—s 80A
445. When approval lapses—s 85AA
Division 13--Provision for Gambling Legislation Amendment Act 2008
446. Application for gaming machine licence—s 56
Division 14--Provisions for Gambling and Other Legislation Amendment Act 2009
456. Protection from liability
SCHEDULE -- DICTIONARY
Endnotes
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