(1)  This section applies where any wagering funds of a licensed provider's registered player are held by an agent of the licensed provider (the agent being referred to in this section as "the fundholder" ).

(2)  The Commission, by notice in writing, may instruct the fundholder to freeze some or all of the wagering funds for such period as the Commission specifies in the notice.

(3)  The fundholder must comply with an instruction under subsection (2) .

Penalty:  Fine not exceeding 10 000 penalty units.

(4)  The Commission is to give a copy of an instruction under subsection (2) to the responsible licensed provider.

(5)  The fundholder may, for such period as it thinks fit, freeze some or all of the wagering funds if the fundholder is satisfied that there are –

(a) reasonable grounds for suspecting that the funds, or any of them, have been acquired in a manner that contravenes this Act; or

(b) other reasonable grounds that justify freezing the funds.

(6)  On freezing some or all of the wagering funds pursuant to subsection (5) , the fundholder must –

(a) give the Commission and the responsible licensed provider a notice in writing within 24 hours –

(i) stating that the funds have been frozen; and

(ii) identifying the registered player and the funds; and

(iii) stating why the funds have been frozen; and

(b) give the Commission such further particulars about the matter as the Commission, by notice in writing, requires.

Penalty:  Fine not exceeding 10 000 penalty units.

(7)  Following the receipt of the notice or further particulars under subsection (6) , the Commission may give the fundholder such written instructions about the frozen wagering funds as the Commission thinks fit and, without limiting the generality of this, may instruct the fundholder to do any one or more of the following:

(a) unfreeze some or all of the funds and allow the registered player to use them for wagering;

(b) unfreeze some or all of the funds and remit them to the registered player;

(c) decrease or increase the period for which the funds are to be frozen;

(d) have the registered player's account or wagering history, or both, independently audited.

(8)  The Commission is to give a copy of any instructions under subsection (7) to the responsible licensed provider.

(9)  Also, the Commission, if it considers it appropriate to do so in the circumstances, may instruct the responsible licensed provider to deregister the player, either permanently or for a specified period, under section 76ZU .

(10)  If the fundholder commits an offence against this section, the responsible licensed provider is also guilty of the offence and liable to the same penalty for the offence unless the responsible licensed provider establishes that –

(a) the act or omission constituting the offence took place without the licensed provider's knowledge or consent; or

(b) the licensed provider used all due diligence to prevent that act or omission by the fundholder.

(11)  Subsection (10) has effect whether or not the fundholder is charged with or convicted of the offence against this section.

(12)  In this section –

freeze has the same meaning as in section 76ZQA ;

responsible licensed provider means the licensed provider for whom, as agent, a fundholder holds any wagering funds of a registered player.