INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 - As at 7 April 2021 - Act 14 of 1998
- As at 7 April 2021
- Act 14 of 1998
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Formal provisions
- 1 Short title
- 2 Commencement
Division 2 - Objects
Division 3 - Basic concepts and definitions
- 4 Meaning of game
- 5 Meaning of player
- 6 Meaning of interactive game
- 7 Dictionary
Division 4 - Territorial application
- 8 Territorial application of this Act
PART 2 - INTERACTIVE GAMBLING
Division 1 - The cooperative scheme
- 9 General features of the regulatory scheme
- 10 Declaration of participating jurisdictions and corresponding law
- 17 Player registration
- 18 Procedure for registration
- 19 Restrictions for registration
- 20 Player’s account
- 20A Restrictions on deposits for player’s account
- 21 Acceptance of wagers
- 22 Player to be bound by rules of the game
- 22A Accounting for account balances for restricted players
Division 4 - Restriction of gambling venues
- 23 Use of premises for interactive gambling
Division 5 - Exemption schemes
- 24 Meaning of exemption scheme
- 25 Approval of exemption scheme
- 26 Cancellation of approval
- 27 Termination of approved exemption scheme
- 28 Gazette notice
Division 6 - General validation of authorised activities
PART 3 - INTERACTIVE GAMBLING LICENCES
Division 1 - Applications for, and issue of, interactive gambling licences
- 30 Application for interactive gambling licence
- 31 Consideration of application
- 32 Conditions for granting application
- 33 Suitability of applicant to hold interactive gambling licence
- 34 Suitability of business and executive associates
- 35 Investigations of suitability of persons
- 36 Decision on application
- 37 Conditions of licence
- 38 Form of licence
- 39 Changing conditions of licence
- 40 Return of licence for endorsement of changed conditions
Division 2 - General provisions about interactive gambling licences
- 41 Interactive gambling licence not to be transferable
- 42 Mortgage and assignment of interactive gambling licence
- 43 Surrender of interactive gambling licence
Division 3 - Suspension and cancellation of interactive gambling licences
- 44 Grounds for suspension or cancellation
- 45 Show cause notice
- 46 Copy of show cause notice to be given to interested persons
- 47 Consideration of representations
- 48 Immediate suspension
- 49 Censuring licensed provider
- 50 Direction to rectify
- 51 Notice referring question of disciplinary action to Governor in Council
- 52 Suspension, cancellation and appointment of administrator
- 53 Terms of appointment, and role, of administrator
- 54 Cancellation or reduction of period of suspension
Division 4 - Investigations into suitability
- 55 Audit program
- 56 Investigations
- 57 Requirement to give information or document for investigation
- 58 Reports about person’s criminal history
- 59 Decisions about interactive gambling licence not to be justiciable
PART 4 - KEY PERSONS
Division 1 - Requirement for key persons to be licensed
- 60 Meaning of key person and key relationship
- 61 Obligation to hold licence
- 62 Requirement that key person apply for licence or end role
- 63 Requirement that key person end role
- 64 Requirement to end key person’s role
Division 2 - Applications for, and issue of, key person licences
- 65 Application for key person licence
- 66 Consideration of application
- 67 Conditions for granting application
- 68 Investigation of suitability of applicant
- 69 Decision on application
- 70 Form of key person licence
- 71 Term of key person licence
- 72 Lapsing of key person licence
- 73 Conditions
- 74 Changing conditions of key person licence
- 75 Replacement of key person licence
- 76 Surrender of key person licence
Division 3 - Suspension and cancellation of key person licences, and other action by chief executive
Subdivision 1 - Suspension and cancellation
- 77 Grounds
- 78 Show cause notice
- 79 Consideration of representations
- 80 Immediate suspension
- 81 Suspension and cancellation of licence after show cause process
Subdivision 2 - Other action by chief executive
- 82 Ending show cause process without further action
- 83 Censuring key person licensee
- 83A Direction to rectify matter after show cause process
- 83B Cancellation or reduction of period of suspension
Division 4 - Investigation of key person licensees
- 84 Audit program
- 85 Investigations into suitability of key person licensees
- 86 Requirement to give information or document for investigation
- 87 Reports about criminal history
Division 5 - Requirements about employment
- 88 Notice of start of employee’s employment
- 89 Returns about employees
Division 6 - Requirements about key relationships
- 90 Notice of end of key relationship
- 91 Requirement to end key relationship
Division 7 - General
- 92 False statements by applicants
- 93 Destruction of fingerprints
PART 5 - AGENTS
Division 1 - Agency agreements
- 94 Meaning of agent
- 95 Meaning of agency agreement
- 96 Conditions for entering into agency agreement
- 97 Notice of agency agreement
- 98 Amendment of agency agreement
- 99 Returns about agents
Division 2 - Terminating agency agreements
- 100 Grounds for termination
- 101 Show cause notice
- 102 Suspending agent’s operations
- 103 Censuring agent
- 104 Direction to rectify
- 105 Directions to terminate affecting agents
- 106 Termination of agreement
- 107 Notice of termination of agreement
Division 3 - Investigations into suitability
- 108 Audit program
- 109 Investigations
- 110 Requirement to give information or material for investigation
- 111 Reports about person’s criminal history
PART 6 - LICENCE FEES AND TAX
Division 1 - Licence fees
- 112 Liability to licence fee
Division 2 - Interactive gambling tax
- 113 Liability to tax
- 114 Returns for calculation of tax
- 115 Participating jurisdictions tax entitlement
116. (Repealed)
Division 3 - Recovery and penalties
- 117 Penalty for late payment
- 118 Recovery of amounts
- 119 Revenue offences
PART 7 - COMPLIANCE REQUIREMENTS
Division 1 - Rules and directions
Division 2 - Place of operation
Division 3 - Control systems
- 127 Authorised games to be conducted under a control system
- 128 Content of control system
- 129 Chief executive may give direction about content of control system
130. (Repealed)
131. (Repealed)
Division 4 - Dealings involving players’ accounts
Division 5 - Responsible gambling
- 136 Limitation on amount wagered
Division 5A - Excluding persons from participating in authorised games as players
Subdivision 1 - Provisions about self-exclusion
- 137 Self-exclusion notice
- 137A Self-exclusion order
- 137B Revoking self-exclusion order
Subdivision 2 - Exclusion instigated by licensed provider
- 137C Exclusion direction
- 137D Duration of exclusion direction
- 137E Application to revoke exclusion direction
- 137F Deciding application to revoke exclusion direction
Subdivision 3 - Other provisions
- 137G Particular persons not to participate in authorised games
- 137H Counselling
- 137I Obligation to prevent persons from participating in authorised games
- 137J Register
- 137K Report about prohibition under order or direction
- 137L Distributing promotional or advertising material about authorised games
Division 6 - Gambling records
- 138 Notices about keeping gambling records
- 139 Gambling records to be kept at certain place
- 140 Gambling records to be kept for required period
Division 7 - Financial accounts, statements and reports
- 141 Keeping of accounts
- 142 Preparation of financial statements and accounts
- 143 Submission of reports
Division 8 - Financial institutions accounts
- 144 Keeping of accounts
- 145 Use of accounts
Division 9 - Audit
Division 10 - Ancillary and related agreements
- 149 Ancillary gambling agreement
- 150 Approval of ancillary gambling agreements
- 151 Review of related agreements
- 152 Show cause notice for related agreement
- 153 Direction to terminate related agreement
Division 11 - Official supervision
- 154 Monitoring operations
- 155 Presence of inspector at certain operations
Division 12 - Prizes
- 156 Payment or collection of prizes
- 157 Disposal of unclaimed non-monetary prizes
- 158 Claims for prize
- 159 Entitlement to prize lapses if not claimed within 5 years
Division 13 - Interrupted and aborted games
- 159A Interrupted games
- 160 Aborted games
- 161 Power to withhold prize in certain cases
Division 14 - Approval and use of regulated interactive gambling equipment
- 162 Approval of regulated interactive gambling equipment
- 163 Use of regulated interactive gambling equipment
- 163A Approved evaluators
Division 15 - Advertising
- 164 Advertising interactive gambling
- 165 Incidental requirements for advertisements
- 166 Directions about advertising
Division 15A - Interactive gambling inducements and direct marketing
- 166A Definitions for division
- 166B Prohibited inducements
- 166C Wagering using free bets
- 166D Restrictions on direct marketing
- 166E Obligation of interactive wagering operator to identify person’s location
Division 16 - Complaints
- 167 Inquiries about complaints
- 168 Reporting improper behaviour
Division 17 - Gambling offences
PART 8 - INVESTIGATION AND ENFORCEMENT
Division 1 - Inspectors
Subdivision 1 - Preliminary
- 185 Persons who are inspectors
Subdivision 2 - Appointment of inspectors
- 186 Appointment and qualifications
Subdivision 3 - Other matters about inspectors
- 187 Conditions and limit on powers
- 188 Issue of identity card
- 189 Production or display of identity card
- 190 When appointed inspector ceases to hold office
- 191 Resignation
- 192 Return of identity card
Subdivision 4 - Audit program and report about criminal history
- 193 Audit program
- 194 Report about criminal history
Division 2 - Powers of inspectors
Subdivision 1 - General scope of inspectors’ powers
- 195 General scope of powers
Subdivision 2 - Power to enter places
- 196 Entry without consent or warrant
- 197 Entry with consent or warrant
Subdivision 3 - Consents and warrants for entry
- 198 Consent to entry
- 199 Evidence of consent
- 200 Application for warrant
- 201 Issue of warrant
- 202 Special warrants
- 203 Evidence about special warrants
Subdivision 4 - General powers
- 204 General powers after entering places
- 205 Failure to help inspector
- 206 Failure to give information
Subdivision 5 - Power to seize evidence
- 207 Seizing evidence at place that may be entered without consent or warrant
- 208 Seizing evidence at places that may only be entered with consent or warrant
- 209 Securing things after seizure
- 210 Tampering with things subject to seizure
- 211 Powers to support seizure
- 212 Receipts to be given on seizure
- 213 Forfeiture
- 214 Return of things that have been seized
- 215 Access to things that have been seized
Subdivision 6 - Power to give directions to stop using things
- 216 Direction to stop using thing
- 217 Requirements about stop directions
- 218 Failure to comply with stop direction
Subdivision 7 - Power to obtain information
- 219 Power to require name and address
- 220 Failure to give name or address
- 221 Power to require production of documents
- 222 Failure to produce document
- 223 Failure to certify copy of document
- 224 Power to require attendance of persons
- 225 Failure to comply with requirement about attendance
- 226 Power to require financial records
- 227 Effect of compliance with financial records requirement
- 228 Failure to comply with financial records requirement
Division 3 - Powers of Minister
- 229 Direction about management practice
Division 4 - General enforcement matters
- 230 Forfeiture on conviction
- 231 Dealing with forfeited things
- 232 Notice of damage
- 233 Compensation
- 234 Protecting officials from liability
Division 5 - General enforcement offences
- 235 False or misleading statements
- 236 False, misleading or incomplete documents
- 237 Obstructing inspectors
PART 9 - LEGAL PROCEEDINGS
Division 1 - Evidence
- 238 Application of division
- 239 Appointments and authority
- 240 Signatures
- 241 Evidentiary aids
Division 2 - Proceedings
- 242 Indictable and summary offences
- 243 Proceedings for indictable offences
- 244 Limitation on who may summarily hear indictable offence proceedings
- 245 Limitation on time for starting summary proceedings
- 246 Responsibility for acts or omissions of representatives
- 247 Executive officer may be taken to have committed offence against s 119(1)
- 248 Attempts to commit offences
PART 10 - REVIEWS BY TRIBUNAL
- 249 When licensed providers may apply for review
- 250 When applicants for key person licences may apply for review
- 251 When key person licensees may apply for review
- 252 When agents may apply for review
- 253 When other persons may apply for review
- 254 Tribunal to decide review on evidence before the chief executive
- 255 Tribunal may give leave for review to be decided on new evidence in particular circumstances
- 256 Appeals from tribunal only to Court of Appeal on a question of law
257. (Repealed)
258. (Repealed)
259. (Repealed)
259A. (Repealed)
259B. (Repealed)
259C. (Repealed)
259D. (Repealed)
259E. (Repealed)
PART 11 - MISCELLANEOUS
- 260 Confidentiality of information
- 261 Delegations
- 261A Cancellation of Gocorp’s interactive gambling licence
- 261B Person not to profit from a transaction ending or lessening a prohibited person’s interest in Gocorp
- 261C State immunity
- 262 Approval of forms
- 263 Regulation-making power
PART 12 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for Gambling Legislation Amendment Act 2004
- 264 Definitions for div 1
265. (Repealed)
- 266 Direction to rectify under pre-amended Act
267. (Repealed)
Division 2 - Transitional provisions for Gambling Legislation Amendment Act 2005
Division 3 - Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013
- 271 Continuation of offence under s 127
Division 4 - Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021
- 272 Interactive wagering accounts established before commencement
