WAGERING ACT 1998 - SCHEDULE 2
WAGERING ACT 1998 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"accepted representations" —
(a) for part 4 , division 5 —see section 46 ; and
(b) for part 5 , division 5 —see section 83 (2) ; and
(c) for part 7 , division 7 —see section 125 ; and
(d) for part 8 , division 4 —see section 155 (2) ; and
(e) for part 11 , division 1 —see section 196 (2) .
"agency agreement" see section 140 .
"ancillary wagering agreement" see section 190 .
"approved accountant" means—
(a) a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the institute; or
(b) a member of CPA Australia who holds a current public practice certificate issued by CPA Australia; or
(c) a member of the Institute of Public Accountants who holds a current public practice certificate issued by the institute; or
(d) in a particular case—a member of an accounting body mentioned in paragraph (a) , (b) or (c) who—(i) does not hold the current certificate mentioned in the paragraph; and(ii) is approved as an accountant for the case by the chief executive.
"approved contingency" , for a sports wagering licensee, means a contingency, or a contingency included in a class of contingencies, for which an approval of the Minister under section 57 for the conduct of wagering by the licensee is in force.
"approved control system" ...
"approved evaluator" means an entity declared under a regulation to be an approved evaluator.
"approved event" , for a sports wagering licensee, means an event, or an event included in a class of events, for which an approval of the Minister under section 57 for the conduct of wagering by the licensee is in force.
"approved form" see section 311 .
"approved place" see section 178 .
"approved place of operation" , for a general operator, means the place where the operator may, under section 205 , carry on the operator’s operations.
"approved wagering" means authorised wagering conducted by an authority operator under a wagering authority.
"approved wagering equipment" means regulated wagering equipment approved under section 208 .
"authorised wagering" means—
(a) for an oncourse wagering permit or permit holder—oncourse wagering conducted by means of a totalisator; or
(b) for a wagering licence or licence operator—wagering conducted either by means of a totalisator or on a fixed odds basis.
"authorised wagering operator" means—
(a) an authority holder; or
(b) a wagering agent.
"authority holder" means—
(a) a wagering licensee; or
(b) a permit holder.
"authority operator" means—
(a) a licence operator; or
(b) a permit holder.
"business associate" , of an applicant for an oncourse wagering permit or wagering licence, means a person whom the Minister reasonably believes—
(a) is associated with the ownership or management of the applicant’s operations; or
(b) will, if a wagering authority is issued to the applicant, be associated with the ownership or management of the authority holder’s operations.
"business associate" , of a permit holder, wagering licensee or wagering manager, means a person whom the Minister reasonably believes is associated with the ownership or management of the operations of the permit holder, licensee or manager.
"business associate" , of a proposed wagering manager, means a person whom the Minister reasonably believes—
(a) is associated with the ownership or management of the operations of the proposed wagering manager; or
(b) will, if the proposed wagering manager is appointed as a wagering manager, be associated with the ownership or management of the wagering manager’s operations.
"business associate" , of a wagering agent, means a person whom the chief executive reasonably believes is associated with the ownership or management of the agent’s operations.
"commencement" —
(a) for part 17 , division 2 —see section 330 ; and
(b) for part 17 , division 3 —see section 336 .
"condition notice" see section 31 .
"conduct" , for wagering, includes promote, organise and operate.
"consent acknowledgement" see section 240 .
"control system" means a system of internal controls for the conduct of authorised wagering by an authority holder.
"control system (change) submission" ...
"control system submission" ...
"conviction" includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
"criminal history" , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , and—
(a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and
(b) despite section 5 of that Act, includes a charge made against the person for an offence.
"designated operator" see section 204 .
"designated person" ...
"direct winning bet" does not include a refund of an investment.
"document certification requirement" see section 263 .
"document production requirement" see section 263 .
"employ" includes engage under a contract for services.
"employee" of a wagering licensee or wagering agent means a person employed by the licensee or agent in functions related to the conduct of wagering.
"exclusion direction" see section 216D (1) .
"exclusivity period" see section 4 .
"executive associate" , of an applicant for an oncourse wagering permit or wagering licence, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes—
(a) is associated with the ownership or management of the applicant’s operations; or
(b) will, if a wagering authority is issued to the applicant, be associated with the ownership or management of the authority holder’s operations.
"executive associate" , of a permit holder, wagering licensee or wagering manager, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the permit holder, licensee or manager.
"executive associate" , of a proposed wagering manager, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes—
(a) is associated with the ownership or management of the operations of the proposed wagering manager; or
(b) will, if the proposed wagering manager is appointed as a wagering manager, be associated with the ownership or management of the wagering manager’s operations.
"executive associate" , of a wagering agent, means an executive officer of a corporation, partner or trustee, or another person stated by the chief executive, whom the chief executive reasonably believes is associated with the ownership or management of the agent’s operations.
"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
"exempt wagering record" see section 178 .
"financial records requirement" see section 268 .
"gaming Act" means any of the following Acts—
†¢ Casino Control Act 1982
†¢ Charitable and Non-Profit Gaming Act 1999
†¢ Gaming Machine Act 1991
†¢ Interactive Gambling (Player Protection) Act 1998
†¢ Keno Act 1996
†¢ Lotteries Act 1997 .
"Gaming Commission" ...
"general operator" means—
(a) for part 11 , division 3 , see section 216AA ; or
(b) otherwise—(i) an authority operator; or(ii) a wagering agent.
"greyhound race" ...
"gross revenue" ...
"horse race" ...
"indictable offence" includes an indictable offence dealt with summarily, whether or not the Criminal Code , section 659 , applies to the indictable offence.
"information notice" means a written notice complying with the QCAT Act , section 157 (2) .
"inspector" means a person who is an inspector under this Act.
"interactive wagering account" , of a person, for part 11 , division 5 , see section 228A .
"interactive wagering customer" , for part 11 , division 5 , see section 228A .
"interested person" —
(a) for part 4 , division 5 —see section 45 ; or
(b) for part 11 , division 1 —see section 195 .
"key employee" see section 95 .
"key operator" see section 98 .
"key operator’s requirement" see section 99 .
"key person licence" means a licence issued under section 108 .
"key person licensee" means a person licensed under a key person licence.
"licence operator" , for a wagering licence or operations conducted under a wagering licence, means—
(a) if the wagering licensee has not entered into any wagering management agreement with the Minister’s approval—the wagering licensee; or
(b) if the wagering licensee has entered into a wagering management agreement with the Minister’s approval appointing a person as wagering manager for all the operations relating to authorised wagering conducted under the wagering licence—the wagering manager appointed under the agreement; or
(c) if the wagering licensee has entered into a wagering management agreement with the Minister’s approval appointing a person as wagering manager for some but not all the operations relating to authorised wagering conducted under the wagering licence—(i) for the operations to which the agreement relates—the wagering manager appointed under the agreement; or(ii) for the other operations relating to authorised wagering conducted under the wagering licence—the wagering licensee.
"licensed club" see the Racing Act 2002 , schedule 1 .
"licensed employee" means a person licensed as an employee under a key person licence.
"licensed venue" see the Racing Act 2002 , schedule 1 .
"management committee" , of an unincorporated body, means the committee or other body of persons, whatever called, that conducts the affairs of the body.
"official wagering document" means—
(a) a betting ticket; or
(b) a wagering licence; or
(c) an oncourse wagering permit; or
(d) a key person licence; or
(e) an inspector’s identity card.
"oncourse wagering permit" see section 5 .
"permit holder" means the holder of an oncourse wagering permit.
"personal details requirement" see section 261 .
"place of seizure" see section 251 .
"post-amended Act" , for part 17 , division 3 , see section 336 .
"pre-amended Act" , for part 17 , division 2 , see section 330 .
"problem gambler" means a person whose behaviour relating to gambling—
(a) is characterised by difficulties in limiting the amount of money or time the person spends on gambling; and
(b) leads to adverse consequences for the person, other persons or the community.
"proposed action" , for part 7 , division 7 , see section 124 (2) (a) .
"proposed wagering manager" means a person in relation to whom an application for approval to appoint the person as a wagering manager has been made but not decided.
"race club" ...
"race meeting" means a meeting for conducting thoroughbred, harness or greyhound racing.
"race wagering licence" see section 6 .
"race wagering licensee" means a person who holds a race wagering licence.
"racing entity" ...
"racing venue" ...
"reasonably believes" means believes on grounds that are reasonable in all the circumstances.
"reasonably suspects" means suspects on grounds that are reasonable in all the circumstances.
"registered company auditor" means a person registered, or taken to be registered, as an auditor under the Corporations Act , part 9.2 .
"registrar" ...
"regulated wagering equipment" means wagering equipment declared under a regulation to be regulated wagering equipment.
"related agreement" see section 191 .
"related body corporate" ...
"restricted licensee" means a key person licensee declared under section 221 to be a restricted licensee.
"restricted official" means a wagering official declared under section 221 to be a restricted official.
"revocation notice" —
(a) for part 11 , division 3 , subdivision 1 —see section 216C (1) ; and
(b) for part 11 , division 3 , subdivision 2 —see section 216G (5) .
"rules" mean rules made under section 198 .
"self-exclusion notice" see section 216A (1) .
"self-exclusion order" see section 216B (1) (a) .
"show cause notice" —
(a) for part 4 , division 5 —see section 44 (2) ; and
(b) for part 5 , division 5 —see section 82 (2) ; and
(c) for part 7 , division 7 —see section 124 (1) ; and
(d) for part 8 , division 4 —see section 154 (2) ; and
(e) for part 11 , division 1 —see section 195 (3) .
"show cause period" —
(a) for part 4 , division 5 —see section 44 (2) (e) ; and
(b) for part 5 , division 5 —see section 82 (2) (d) ; and
(c) for part 8 , division 4 —see section 154 (2) (d) ; and
(d) for part 11 , division 1 —see section 195 (3) (d) .
"special warrant" see section 244 .
"sporting contingency" means a contingency associated with a sporting event.
"sporting event" does not include an event or contingency that is, or relates to, thoroughbred, harness or greyhound racing.
"sports wagering licence" see section 7 .
"sports wagering licensee" means a person who holds a sports wagering licence.
"stop direction" see section 259 .
"TAB" ...
"TAB subsidiary" ...
"TattsBet" ...
"TattsBet subsidiary" ...
"totalisator" see section 8 .
"totalisator supplier" see section 204 .
"totalisator supply agreement" see section 204 .
"tribunal" means QCAT.
"trotting race" ...
"UBET" means UBET QLD Limited ACN 085 691 738.
"UBET subsidiary" means a wholly-owned subsidiary of UBET.
"UNiTAB" ...
"UNiTAB subsidiary" ...
"wagering" means—
(a) betting conducted by means of a totalisator; or
(b) betting conducted on a fixed odds basis; or
(c) other betting prescribed under a regulation.
"wagering agent" see section 140 .
"wagering authority" means—
(a) a wagering licence; or
(b) an oncourse wagering permit.
"wagering authority fee" see section 168 .
"wagering employee" means a person employed by a wagering licensee in operations conducted under the wagering licence.
"wagering equipment" means a machine or other device (whether electronic, electrical or mechanical), computer software or another thing used, or suitable for use, in connection with wagering.
"wagering licence" means—
(a) a race wagering licence; or
(b) a sports wagering licence.
"wagering licensee" means a person who holds a wagering licence.
"wagering management agreement" see section 71 .
"wagering manager" means a person appointed by a wagering licensee under section 65 to manage some or all the operations relating to authorised wagering conducted under the wagering licence.
"wagering official" means—
(a) an inspector; or
(b) an officer of the department.
"wagering record" , of an authority holder, means a record (including a document) about the operations conducted by the authority holder under the wagering authority.
"wagering tax" ...
"wholly-owned subsidiary" see the Corporations Act , section 9 .
"winning bet" includes a refund of an investment.