INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 - As at 7 April 2021 - Act 14 of 1998
INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998
- As at 7 April 2021
- Act 14 of 1998
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Division 1 - Formal provisions
1. Short title
2. Commencement
Division 2 - Objects
3. Object
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
Division 2 - Authorised providers and authorised games
11. Meaning of licensed provider, external provider and authorised provider
12. Meaning of authorised game
12A. Meaning of exempt game
13. Authorisation to conduct interactive games
14. Change to conditions of authorisation
15. Revocation of authorisation
16. Penalty for conduct of, or participation in, unauthorised interactive gambling
Division 3 - Conduct of authorised games
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
29. Lawful 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
120. Rules
120A. Rules to be made available etc.
121. Directions
122. General responsibilities of licensed provider
123. Responsibility of licensed provider to ensure compliance by agent
124. Responsibility of agent
Division 2 - Place of operation
125. Licensed provider’s place of operation
126. Agent’s 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
132. Funds in player’s account to be remitted on demand
133. Licensed provider or agent not to act as credit provider
134. Licensed providers limited recourse to players’ accounts
135. Inactive 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
146. Audit of licensed provider’s operations
147. Completion of audit
148. Further information following 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
169. Cheating
170. Forgery and deception
171. Impersonating certain persons
172. Bribery
173. Participation in authorised games by employees of licensed provider
174. Chief executive’s power to restrict participation in authorised games by gaming officials
175. Power to declare gaming official to be a key official
176. Relationship of key officials with authorised providers and agents
177. Relationship of key officials with prospective licensed providers
178. Relationship between authorised providers and key officials
179. Participation by minors in conduct of approved games prohibited
180. Participation by minors as players prohibited
181. Obscene etc. terms prohibited
182. Interference with proper conduct of authorised games
183. Offences by certain persons
184. Licensed provider not to publish identity of player in certain cases
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
268. Definitions for div 2
269. Inspectors
270. Audit program for inspectors
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
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
