Queensland Consolidated Acts

INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998

TABLE OF PROVISIONS

           Long Title

           Contents

           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
   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.    Payment of tax for community benefit

           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
   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 an approved control system
   128.    Control system submission
   129.    Control system (change) submission
   130.    Dealing with submissions
   131.    Direction to change approved control system

           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 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 officers must ensure corporation complies with Act
   248.    Attempts to commit offences

           Part 10--Appeals

           Division 1--Appeals to Queensland Gaming Commission

   249.    Appeals by licensed providers
   250.    Appeals by applicants for key person licences
   251.    Appeals by key person licensees
   252.    Appeals by agents
   253.    Appeals by other persons
   254.    Starting appeal
   255.    Stay of operation of decisions
   256.    Hearing procedures
   257.    Power to gather evidence
   258.    Powers of Queensland Gaming Commission

           Division 2--Appeals to Magistrates Court

   259.    Who may appeal
   259A.   Starting appeal
   259B.   Stay of operation of decision
   259C.   Hearing procedures
   259D.   Court's powers on appeal

           Division 3--Appeals to District Court

   259E.   Appeal to District Court

           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.    Dealing with show cause notice
   266.    Direction to rectify under pre-amended Act
   267.    Appeals to Queensland Gaming Commission

           Division 2--Transitional provisions for Gambling Legislation Amendment Act 2005

   268.    Definitions for div 2
   269.    Inspectors
   270.    Audit program for inspectors
           SCHEDULE 1 DECISIONS NOT SUBJECT TO APPEAL
           SCHEDULE 2 DECISIONS OF CHIEF EXECUTIVE SUBJECT TO APPEAL
           SCHEDULE 3 DICTIONARY
           Endnotes