WAGERING ACT 1998 - As at 21 October 2022 - Act 15 of 1998
- As at 21 October 2022
- Act 15 of 1998
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 2A Object
PART 2 - INTERPRETATION
Division 2 - Basic concepts
Division 3 - Other interpretative matters
PART 3 - LAWFULNESS OF WAGERING
PART 4 - WAGERING AUTHORITIES
Division 1 - Suitability of persons
Division 2 - Applications for, and issue of, wagering authorities
Division 3 - Dealings affecting wagering authorities
- 31 Changing conditions of authority
- 32 Recording change of conditions
- 33 Authority generally not transferable
- 34 Mortgage and transfer of authority
- 35 Surrender of authority
Division 4 - Investigation of authority holders and associates
- 36 Audit programs
- 37 Investigation of suitability of authority holders
- 38 Investigation of suitability of associates of wagering licensees
- 39 Investigation of suitability of associates of permit holders
- 40 Requirement to give information or document for investigation
- 41 Failure to give information or document for investigation
- 42 Criminal history report for investigation
Division 5 - Suspension and cancellation of wagering authorities
- 43 Grounds for suspension or cancellation
- 44 Show cause notice
- 45 Involvement of interested persons in show cause process
- 46 Consideration of representations
- 47 Ending show cause process without further action
- 48 Censuring authority holder
- 49 Direction to rectify
- 50 Notice by Minister to Governor in Council
- 51 Suspension, cancellation and appointment of administrator
- 52 Immediate suspension of authority by Minister
- 53 Terms of appointment, and role, of administrator
- 54 Cancellation or reduction of period of suspension
- 55 Notice to interested persons of decisions
Division 6 - Approved events and contingencies
- 56 Application for approval of events or contingencies
- 57 Decision on application
- 58 Conditions of approval
- 59 Notice of decision
- 60 Period of approval
- 61 Withdrawal of approval
PART 5 - WAGERING MANAGERS
Division 1 - Suitability of persons
Division 2 - Appointment of wagering managers
- 65 Appointment
- 66 Application for approval
- 67 Further information or documents to support application
- 68 Consideration of application
- 69 Investigation of suitability of persons
- 70 Criminal history reports for investigations
Division 3 - Wagering management agreements
- 71 Meaning of wagering management agreement
- 72 Entering into wagering management agreement
- 73 Amendment of wagering management agreement
- 74 Approvals for wagering management agreements
Division 4 - Investigation of wagering managers and associates
- 75 Audit programs
- 76 Investigation of suitability of wagering managers
- 77 Investigation of suitability of associates of wagering managers
- 78 Requirement to give information or document for investigation
- 79 Failure to give information or document for investigation
- 80 Criminal history report for investigation
Division 5 - Terminating wagering management agreements
- 81 Grounds for directing termination
- 82 Show cause notice
- 83 Representations about show cause notice
- 84 Ending show cause process without further action
- 85 Censuring wagering manager
- 86 Direction to rectify
- 87 Direction to terminate agreement
- 88 Termination of agreement on direction
- 89 Termination of agreement without direction
- 90 Suspending wagering manager’s operations
- 91 Notice to wagering licensee of decisions
PART 6 - STATUS OF CERTAIN DECISIONS
- 92 Definition for part
- 93 Application of part
- 94 Certain decisions not to be justiciable
PART 7 - KEY EMPLOYEES AND OPERATORS FOR AUTHORITY OPERATORS
Division 1 - Licensing requirements for key employees
- 95 Meaning of key employee
- 96 Requirement to be licensed employee
- 97 Prohibition of employment as key employees of persons who are not licensed employees
Division 2 - Requirements about key operators
- 98 Meaning of key operator
- 99 Requirement that key operator apply for licence or end role
- 100 Requirement that key operator end role
- 101 Requirement to end key operator’s role
Division 3 - Applications for, and issue of, key person licences
- 102 Application for licence
- 103 Further information or documents to support application
- 104 Consideration of application
- 105 Conditions for granting application
- 106 Investigation of suitability of applicant
- 107 Criminal history report for investigation
- 108 Decision on application
- 109 Conditions of licence
- 110 Form of licence
- 111 Term of licence
- 112 Lapsing of licence
Division 4 - Suitability of persons
- 113 Suitability of applicants and key person licensees
Division 5 - Dealings affecting key person licences
- 114 Changing conditions of licence
- 115 Recording change of conditions
- 116 Replacement of licence
- 117 Surrender of licence
Division 6 - Investigation of key person licensees
- 118 Audit program
- 119 Investigation of suitability of key person licensees
- 120 Requirement to give information or document for investigation
- 121 Failure to give information or document for investigation
- 122 Criminal history report for investigation
Division 7 - Suspension and cancellation of key person licences, and other action by chief executive
Subdivision 1 - Suspension and cancellation
- 123 Grounds
- 124 Show cause notice
- 125 Consideration of representations
- 126 Immediate suspension
- 127 Suspension and cancellation of licence after show cause process
Subdivision 2 - Other action by chief executive
- 128 Ending show cause process without further action
- 129 Censuring key person licensee
- 130 Direction to rectify matter after show cause process
- 131 Cancellation or reduction of period of suspension
Division 8 - Requirements about employment
- 132 Notice of start of licensed employee’s employment
133. (Repealed)
- 134 Notice of end of licensed employee’s employment
- 135 Requirement to end licensed employee’s employment
Division 9 - Requirements about association with key operators
- 136 Notice of end of key operator’s role
- 137 Requirement to end key operator’s role
Division 10 - Other matters
- 138 False statements by applicants
- 139 Destruction of fingerprints
PART 8 - WAGERING AGENTS
Division 1 - Agency agreements
- 140 Meaning of agency agreement
- 141 Conditions for entering into agency agreement
142. (Repealed)
- 143 Amendment of agency agreement
144. (Repealed)
145. (Repealed)
Division 2 - Suitability of persons
- 146 Suitability of agents
- 147 Suitability of associates
Division 3 - Investigation of wagering agents and associates
- 148 Investigation of suitability of agents
- 149 Investigation of suitability of associates
- 150 Requirement to give information or document for investigation
- 151 Failure to give information or document for investigation
- 152 Criminal history report for investigation
Division 4 - Terminating agency agreements
- 153 Grounds for directing termination
- 154 Show cause notice
- 155 Representations about show cause notice
- 156 Ending show cause process without further action
- 157 Censuring agent
- 158 Direction to rectify
- 159 Direction to terminate agreement
- 160 Termination of agreement on direction
161. (Repealed)
- 162 Suspending agent’s operations
PART 9 - FINANCIAL
Division 1 - Commissions and dividends
Division 2 - Fees
165. (Repealed)
166. (Repealed)
167. (Repealed)
- 168 Liability to wagering authority fee
- 168A Wagering authority administration fee
169. (Repealed)
- 170 Penalty for late payment
- 171 Recovery of amounts
- 172 Revenue offence
PART 10 - COMPLIANCE REQUIREMENTS
Division 1 - Control systems
- 173 Authorised wagering to be conducted under control system
- 174 Content of control system
- 175 Chief executive may give direction about content of control system
176. (Repealed)
177. (Repealed)
Division 2 - Wagering records
- 178 Notices about keeping wagering records
- 179 Wagering records to be kept at certain place
- 180 Wagering records to be kept for required period
Division 3 - Financial accounts, statements and reports
- 181 Keeping of accounts
- 182 Preparation of financial statements and accounts
- 183 Submission of reports
Division 4 - Financial institution accounts
- 184 Keeping of accounts
- 185 Use of accounts
Division 5 - Audit
- 186 Exempt authority operators
- 187 Audit of operations
- 188 Completion of audit
- 189 Further information following audit
PART 11 - CONDUCT OF APPROVED WAGERING
Division 1 - Agreements
- 190 Meaning of ancillary wagering agreement
- 191 Meaning of related agreement
- 192 Entering into ancillary wagering agreements
- 193 Approval for ancillary wagering agreement
- 194 Review of related agreements
- 195 Show cause notice for related agreement
- 196 Representations about show cause notice
- 197 Direction to terminate related agreement
Division 2 - Operations of authority operators and wagering agents
Subdivision 1 - Rules
- 198 Making rules
- 199 Application of rules
- 200 Rules to be made available
- 201 General responsibilities of authority operators
- 202 Responsibility of licence operator for acts of agents
- 203 Responsibility of wagering agent for agent’s acts
Subdivision 2 - Other matters
- 204 Meaning of totalisator supply agreement
- 205 Places of operation
- 206 Acceptance of wagers
- 207 Use of regulated wagering equipment
- 208 Approval of regulated wagering equipment
- 208A Approved evaluators
- 209 Extending credit
- 210 Advertising wagering
- 211 Directions about advertising
- 212 Inquiries about complaints
- 213 Claims for payment of winning bets
- 214 Claims for payment
215. (Repealed)
- 216 Reporting improper behaviour
Division 3 - Excluding persons from approved places of operation or taking part in approved wagering
Subdivision 1AA - Preliminary
- 216AA Definition for div 3
Subdivision 1 - Provisions about self-exclusion
- 216A Self-exclusion notice
- 216B Self-exclusion order
- 216C Revoking self-exclusion order
Subdivision 2 - Exclusion instigated by general operator
- 216D Exclusion direction
- 216E Duration of exclusion direction
- 216F Application to revoke exclusion direction
- 216G Deciding application to revoke exclusion direction
Subdivision 3 - Other provisions
- 216H Particular persons not to take part in approved wagering etc.
- 216I Counselling
- 216J Obligation to prevent persons from taking part in approved wagering etc.
- 216K Register
- 216L Report about prohibition under order or direction
- 216M Distributing promotional or advertising material about approved place of operation
Division 4 - Wagering offences
- 217 Cheating
- 218 Forgery and deception
- 219 Impersonating certain persons
- 220 Bribery
- 221 Restricted officials and licensees
- 222 Directions to restricted officials and licensees
- 223 Requirement to comply with direction about wagering
- 224 Relationship of restricted officials with general operators
- 225 Relationship of restricted officials with prospective authority operators
- 226 Relationship of general operators with restricted officials
- 227 Participation by minors prohibited
- 228 Employment of minors prohibited
Division 5 - Wagering inducements and direct marketing
- 228A Definitions for division
- 228B Prohibited inducements
- 228C Wagering using free bets
- 228D Restrictions on direct marketing
- 228E Obligation of licence operator to identify person’s location
Division 6 - Harm minimisation measures
- 228F Harm minimisation measures
PART 12 - INVESTIGATION AND ENFORCEMENT
Division 1 - Inspectors
Subdivision 1 - Appointment of inspectors
- 229 Appointment and qualifications
Subdivision 2 - Other matters about inspectors
- 230 Conditions and limit on powers
- 231 Issue of identity card
- 232 Production or display of identity card
- 233 When inspector ceases to hold office
- 234 Resignation
- 235 Return of identity card
Subdivision 3 - Audit program and report about criminal history
- 236 Audit program
- 237 Report about criminal history
Division 2 - Powers of inspectors
Subdivision 1 - Power to enter places
- 238 Entry without consent or warrant
- 239 Entry with consent or warrant
Subdivision 2 - Consents and warrants for entry
- 240 Consent to entry
- 241 Evidence of consent
- 242 Application for warrant
- 243 Issue of warrant
- 244 Special warrants
- 245 Evidence about special warrants
Subdivision 3 - General powers
- 246 General powers after entering places
- 247 Failure to help inspector
- 248 Failure to give information
Subdivision 4 - Power to seize evidence
- 249 Seizing evidence at place that may be entered without consent or warrant
- 250 Seizing evidence at place that may only be entered with consent or warrant
- 251 Securing things after seizure
- 252 Tampering with things subject to seizure
- 253 Powers to support seizure
- 254 Receipts to be given on seizure
- 255 Forfeiture
- 256 Return of things that have been seized
- 257 Access to things that have been seized
Subdivision 5 - Power to give directions to stop using things
- 258 Direction to stop using thing
- 259 Requirements about stop directions
- 260 Failure to comply with stop direction
Subdivision 6 - Power to obtain information
- 261 Power to require name and address
- 262 Failure to give name or address
- 263 Power to require production of documents
- 264 Failure to produce document
- 265 Failure to certify copy of document
- 266 Power to require attendance of persons
- 267 Failure to comply with requirement about attendance
- 268 Power to require financial records
- 269 Effect of compliance with financial records requirement
- 270 Failure to comply with financial records requirement
Division 3 - Powers of Minister
- 271 Direction about management practice
Division 4 - General enforcement matters
- 272 Forfeiture on conviction
- 273 Dealing with forfeited things
- 274 Notice of damage
- 275 Compensation
- 276 Protecting officials from liability
Division 5 - General enforcement offences
- 277 False or misleading statements
- 278 False, misleading or incomplete documents
- 279 Obstructing inspectors
PART 13 - LEGAL PROCEEDINGS
Division 1 - Evidence
- 280 Application of division
- 281 Appointments and authority
- 282 Signatures
- 283 Evidentiary aids
Division 2 - Proceedings
- 284 Indictable and summary offences
- 285 Proceedings for indictable offences
- 286 Limitation on who may summarily hear indictable offence proceedings
- 287 Limitation on time for starting summary proceedings
- 288 Responsibility for acts or omissions of representatives
- 289 Executive officer may be taken to have committed offence against s 172
- 290 Attempts to commit offences
PART 14 - REVIEWS BY QCAT OR MINISTER
Division 1 - Applications for review of decisions by tribunal
- 291 When authority operators may apply for review
- 292 When licence operators may apply for review
- 293 When applicants for key person licences may apply for review
- 294 When key person licensees may apply for review
- 295 When wagering agents may apply for review
- 296 When owner of things seized may apply for review
- 297 When other persons may apply for review
- 298 Tribunal to decide review on evidence before the chief executive
- 299 Tribunal may give leave for review to be decided on new evidence in particular circumstances
- 300 Appeals from tribunal only to Court of Appeal on a question of law
301. (Repealed)
302. (Repealed)
302A. (Repealed)
302B. (Repealed)
302C. (Repealed)
302D. (Repealed)
302E. (Repealed)
302F. (Repealed)
Division 2 - Reviews by Minister
- 303 Refusal of licence operator to enter into agency agreement
- 304 Termination of agency agreement
- 305 Issues about staying operations of decisions
- 306 Procedures for reviews
- 307 Delegation for div 2
PART 15 - MISCELLANEOUS
- 308 Confidentiality of information
- 308A Commissioner of police service to notify changes in criminal history
- 309 Delegations
- 310 Commercial arrangements for conducting sports wagering
- 310A Chief executive may make guidelines
- 311 Approval of forms
- 312 Regulation-making power
PART 17 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for Act No. 15 of 1998
- 318 Application of div 1
- 319 Definitions for div 1
- 320 Control system for initial operator
- 321 Regulated wagering equipment
- 322 Key employees of initial operator
- 323 Amounts payable before commencement day for investments
- 324 Amounts payable on or after commencement day for investments
- 325 Agency agreements
- 326 Wagering agents
- 327 Permit holders
- 328 Control system for permit holders
- 329 Continued operation of former rules and certain former regulations
Division 2 - Transitional provisions for Gambling Legislation Amendment Act 2004
Division 3 - Transitional provisions for Gambling Legislation Amendment Act 2005
Division 4 - (Repealed)
Division 5 - Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013
- 340 Continuation of offence under s 173
Division 6 - Transitional provision for Appropriation Act (No. 2) 2014
- 340A Application of particular provisions
Division 7 - Transitional provisions for Betting Tax Act 2018
- 340B Definition for division
- 340C Continued application of Act
- 340D Proceedings for particular offences
- 340E Application of s 289 in relation to offences against particular provisions
Division 8 - Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021
- 340F Interactive wagering accounts established before commencement
PART 18 - VALIDATING PROVISION FOR LIQUOR (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2013
