{"id":"qld:act-1999-026","name":"Charitable and Non-Profit Gaming Act 1999","slug":"charitable-and-non-profit-gaming-act-1999","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"26 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104642,"registerId":"qld-act-1999-026-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Charitable and Non-Profit Gaming Act 1999 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object","content":"### sec.3 Object\n\nThe overarching object of this Act is to ensure that, on balance, the State and the community as a whole benefit from general gaming.\nThe balance is achieved by allowing general gaming subject to a system of regulation and control designed to protect players and the community through—\nensuring the integrity and fairness of games; and\nensuring the probity of those involved in the conduct of general gaming; and\nminimising the potential for harm from general gaming.\nWithin the overarching object, the following objects are included—\nto set and maintain appropriate standards and levels of accountability for the conduct of general gaming;\nto ensure the public obtains reasonable net benefits from the conduct of general gaming;\nto prevent individuals engaged in conducting general gaming from deriving personal gain from it;\nto maintain and protect the integrity of general gaming;\nto maintain public confidence and trust in buying general gaming tickets as a worthwhile way of supporting fundraising activities.\ns 3 sub 2000 No. 51 s 13\n(sec.3-ssec.1) The overarching object of this Act is to ensure that, on balance, the State and the community as a whole benefit from general gaming.\n(sec.3-ssec.2) The balance is achieved by allowing general gaming subject to a system of regulation and control designed to protect players and the community through— ensuring the integrity and fairness of games; and ensuring the probity of those involved in the conduct of general gaming; and minimising the potential for harm from general gaming.\n(sec.3-ssec.3) Within the overarching object, the following objects are included— to set and maintain appropriate standards and levels of accountability for the conduct of general gaming; to ensure the public obtains reasonable net benefits from the conduct of general gaming; to prevent individuals engaged in conducting general gaming from deriving personal gain from it; to maintain and protect the integrity of general gaming; to maintain public confidence and trust in buying general gaming tickets as a worthwhile way of supporting fundraising activities.\n- (a) ensuring the integrity and fairness of games; and\n- (b) ensuring the probity of those involved in the conduct of general gaming; and\n- (c) minimising the potential for harm from general gaming.\n- (a) to set and maintain appropriate standards and levels of accountability for the conduct of general gaming;\n- (b) to ensure the public obtains reasonable net benefits from the conduct of general gaming;\n- (c) to prevent individuals engaged in conducting general gaming from deriving personal gain from it;\n- (d) to maintain and protect the integrity of general gaming;\n- (e) to maintain public confidence and trust in buying general gaming tickets as a worthwhile way of supporting fundraising activities.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of Act","content":"### sec.4 Application of Act\n\nThis Act does not apply to the conduct of a game permitted under another jurisdiction’s law, if the conduct of the game in Queensland consists only of advertising the game.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Standard definitions","content":"## Standard definitions","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of art union","content":"### sec.6 Meaning of art union\n\nAn art union is a game other than bingo, a calcutta sweep, lucky envelopes, a promotional game and two-up.\ns 6 amd 2012 No. 2 s 2A","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of association","content":"### sec.7 Meaning of association\n\nAn association is a group of at least 4 persons, whether or not incorporated, formed for a common purpose that is not likely to harm—\nthe integrity of general gaming; or\npublic confidence and trust in buying gaming tickets as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes.\n- (a) the integrity of general gaming; or\n- (b) public confidence and trust in buying gaming tickets as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of bingo","content":"### sec.8 Meaning of bingo\n\nBingo is a game known as bingo, housie or housie-housie, or a similar game, whatever called, in which—\neach player is given a ticket with numbers, letters or symbols printed on it; and\nthe winner is decided by the player matching randomly selected numbers, letters or symbols to the numbers, letters or symbols on the player’s ticket.\n- (a) each player is given a ticket with numbers, letters or symbols printed on it; and\n- (b) the winner is decided by the player matching randomly selected numbers, letters or symbols to the numbers, letters or symbols on the player’s ticket.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of calcutta sweep","content":"### sec.9 Meaning of calcutta sweep\n\nA calcutta sweep is a game conducted on a horse race held at a licensed venue, or an event approved under section 30 , in which, before the race or event starts—\neach player buys a ticket for a chance to be allocated, by lot, a participant in the race or event; and\nan auction takes place at which anyone present, whether or not the person holds a ticket, is entitled to bid for each participant in the race or event.\nThe winners in the game are decided entirely or partly by chance, according to the result of the race or event.\nIn this section—\nhorse race means a race for galloping horses.\nlicensed venue means a place, whether in Queensland or elsewhere, at which a horse race may lawfully be held.\ns 9 amd 2004 No. 21 s 20\n(sec.9-ssec.1) A calcutta sweep is a game conducted on a horse race held at a licensed venue, or an event approved under section 30 , in which, before the race or event starts— each player buys a ticket for a chance to be allocated, by lot, a participant in the race or event; and an auction takes place at which anyone present, whether or not the person holds a ticket, is entitled to bid for each participant in the race or event.\n(sec.9-ssec.2) The winners in the game are decided entirely or partly by chance, according to the result of the race or event.\n(sec.9-ssec.3) In this section— horse race means a race for galloping horses. licensed venue means a place, whether in Queensland or elsewhere, at which a horse race may lawfully be held.\n- (a) each player buys a ticket for a chance to be allocated, by lot, a participant in the race or event; and\n- (b) an auction takes place at which anyone present, whether or not the person holds a ticket, is entitled to bid for each participant in the race or event.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of eligible association","content":"### sec.10 Meaning of eligible association\n\nAn eligible association is—\nan association formed and operated principally for a charitable, community, patriotic or sporting purpose or a similar purpose prescribed under a regulation; or\nan association formed and operated principally for an educational or religious purpose; or\na parents and citizens association formed under the Education (General Provisions) Act 2006 ; or\na registered political party under the Electoral Act 1992 ; or\nanother association prescribed under a regulation.\nAn association mentioned in subsection (1) (a) must—\nhave a management committee, elected by the members—\nthe members of which hold office for at least 1 year; and\nthat holds regular meetings, including an annual general meeting, and keeps minutes of its meetings; and\nhave a treasurer who keeps proper financial records for the association and presents an audited income and expenditure statement and balance sheet at its annual general meeting; and\noperate banking accounts in its name; and\nrequire cheques issued by it to be signed by at least 2 members authorised for the purpose.\nAn association mentioned in subsection (1) (a) must also have a constitution that provides, if the association is disbanded, for its assets, after payment of its liabilities, to be distributed to—\na fund with objects similar to the association’s objects; or\na fund used exclusively for charitable purposes; or\nan association incorporated under the Associations Incorporation Act 1981 with objects similar to the association’s objects.\nA constituent unit of an eligible association is also an eligible association.\nIn this section—\ncharitable purpose means—\nthe purpose of helping individuals who—\nare persons with a disability under the Disability Services Act 2006 ; or\nneed help because of their age (whether young or old), sickness, infirmity, bereavement, poverty or unemployment; or\nneed help because their property has been damaged or destroyed by, or because of, a natural disaster; or\nare dependants of individuals mentioned in subparagraphs (i) to (iii) ; or\nanother purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a charitable purpose.\ncommunity purpose means the purpose of promoting, other than for personal or commercial gain, the general welfare of the public or a section of it.\nconstituent unit , of an eligible association, means a branch, sub-branch, committee, council or other body of persons established under the association’s rules (whatever the rules are called).\neducational purpose means—\nthe purpose of helping any of the following established, or proposed to be established, other than for personal or commercial gain—\na school, college or university;\nTAFE Queensland established under the TAFE Queensland Act 2013 ;\nan educational institution other than an entity mentioned in subparagraph (i) or (ii) ;\na school of arts or public library; or\nanother purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be an educational purpose.\npatriotic purpose means—\nthe purpose of helping members of the Australian Defence Force (the ADF ), or members of the armed forces of another country with whom the ADF members are serving during a war, defence emergency or United Nations peacekeeping operations in which the ADF members are involved, by providing—\nthings for the comfort or convenience of the ADF members, or the members of the forces of the other country, in or outside Australia; or\nfunctions in Queensland to farewell or welcome the members; or\nanother purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a patriotic purpose.\nreligious purpose means—\nthe purpose of helping a church, mosque, pagoda, synagogue, temple or other religious body that is established, or proposed to be established; or\nanother purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a religious purpose.\nsporting purpose means—\nthe purpose of helping an association to conduct a sporting activity of a recreational nature; or\nanother purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a sporting purpose.\ns 10 amd 1999 No. 77 s 164 ; 2000 No. 23 s 293 sch 2 ; 2000 No. 51 s 14 ; 2003 No. 63 s 60 sch ; 2006 No. 12 s 241 sch 1 ; 2006 No. 39 s 512 (1) sch 1 ; 2007 No. 53 s 30 sch ; 2013 No. 27 s 70 sch 1 pt 2 ; 2014 No. 25 s 223 sch 1 pt 2\n(sec.10-ssec.1) An eligible association is— an association formed and operated principally for a charitable, community, patriotic or sporting purpose or a similar purpose prescribed under a regulation; or an association formed and operated principally for an educational or religious purpose; or a parents and citizens association formed under the Education (General Provisions) Act 2006 ; or a registered political party under the Electoral Act 1992 ; or another association prescribed under a regulation.\n(sec.10-ssec.2) An association mentioned in subsection (1) (a) must— have a management committee, elected by the members— the members of which hold office for at least 1 year; and that holds regular meetings, including an annual general meeting, and keeps minutes of its meetings; and have a treasurer who keeps proper financial records for the association and presents an audited income and expenditure statement and balance sheet at its annual general meeting; and operate banking accounts in its name; and require cheques issued by it to be signed by at least 2 members authorised for the purpose.\n(sec.10-ssec.3) An association mentioned in subsection (1) (a) must also have a constitution that provides, if the association is disbanded, for its assets, after payment of its liabilities, to be distributed to— a fund with objects similar to the association’s objects; or a fund used exclusively for charitable purposes; or an association incorporated under the Associations Incorporation Act 1981 with objects similar to the association’s objects.\n(sec.10-ssec.4) A constituent unit of an eligible association is also an eligible association.\n(sec.10-ssec.5) In this section— charitable purpose means— the purpose of helping individuals who— are persons with a disability under the Disability Services Act 2006 ; or need help because of their age (whether young or old), sickness, infirmity, bereavement, poverty or unemployment; or need help because their property has been damaged or destroyed by, or because of, a natural disaster; or are dependants of individuals mentioned in subparagraphs (i) to (iii) ; or another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a charitable purpose. community purpose means the purpose of promoting, other than for personal or commercial gain, the general welfare of the public or a section of it. constituent unit , of an eligible association, means a branch, sub-branch, committee, council or other body of persons established under the association’s rules (whatever the rules are called). educational purpose means— the purpose of helping any of the following established, or proposed to be established, other than for personal or commercial gain— a school, college or university; TAFE Queensland established under the TAFE Queensland Act 2013 ; an educational institution other than an entity mentioned in subparagraph (i) or (ii) ; a school of arts or public library; or another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be an educational purpose. patriotic purpose means— the purpose of helping members of the Australian Defence Force (the ADF ), or members of the armed forces of another country with whom the ADF members are serving during a war, defence emergency or United Nations peacekeeping operations in which the ADF members are involved, by providing— things for the comfort or convenience of the ADF members, or the members of the forces of the other country, in or outside Australia; or functions in Queensland to farewell or welcome the members; or another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a patriotic purpose. religious purpose means— the purpose of helping a church, mosque, pagoda, synagogue, temple or other religious body that is established, or proposed to be established; or another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a religious purpose. sporting purpose means— the purpose of helping an association to conduct a sporting activity of a recreational nature; or another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a sporting purpose.\n- (a) an association formed and operated principally for a charitable, community, patriotic or sporting purpose or a similar purpose prescribed under a regulation; or\n- (aa) an association formed and operated principally for an educational or religious purpose; or\n- (b) a parents and citizens association formed under the Education (General Provisions) Act 2006 ; or\n- (c) a registered political party under the Electoral Act 1992 ; or\n- (d) another association prescribed under a regulation.\n- (b) have a management committee, elected by the members— (i) the members of which hold office for at least 1 year; and (ii) that holds regular meetings, including an annual general meeting, and keeps minutes of its meetings; and\n- (i) the members of which hold office for at least 1 year; and\n- (ii) that holds regular meetings, including an annual general meeting, and keeps minutes of its meetings; and\n- (c) have a treasurer who keeps proper financial records for the association and presents an audited income and expenditure statement and balance sheet at its annual general meeting; and\n- (d) operate banking accounts in its name; and\n- (e) require cheques issued by it to be signed by at least 2 members authorised for the purpose.\n- (i) the members of which hold office for at least 1 year; and\n- (ii) that holds regular meetings, including an annual general meeting, and keeps minutes of its meetings; and\n- (a) a fund with objects similar to the association’s objects; or\n- (b) a fund used exclusively for charitable purposes; or\n- (c) an association incorporated under the Associations Incorporation Act 1981 with objects similar to the association’s objects.\n- (a) the purpose of helping individuals who— (i) are persons with a disability under the Disability Services Act 2006 ; or (ii) need help because of their age (whether young or old), sickness, infirmity, bereavement, poverty or unemployment; or (iii) need help because their property has been damaged or destroyed by, or because of, a natural disaster; or (iv) are dependants of individuals mentioned in subparagraphs (i) to (iii) ; or\n- (i) are persons with a disability under the Disability Services Act 2006 ; or\n- (ii) need help because of their age (whether young or old), sickness, infirmity, bereavement, poverty or unemployment; or\n- (iii) need help because their property has been damaged or destroyed by, or because of, a natural disaster; or\n- (iv) are dependants of individuals mentioned in subparagraphs (i) to (iii) ; or\n- (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a charitable purpose.\n- (i) are persons with a disability under the Disability Services Act 2006 ; or\n- (ii) need help because of their age (whether young or old), sickness, infirmity, bereavement, poverty or unemployment; or\n- (iii) need help because their property has been damaged or destroyed by, or because of, a natural disaster; or\n- (iv) are dependants of individuals mentioned in subparagraphs (i) to (iii) ; or\n- (a) the purpose of helping any of the following established, or proposed to be established, other than for personal or commercial gain— (i) a school, college or university; (ii) TAFE Queensland established under the TAFE Queensland Act 2013 ; (iii) an educational institution other than an entity mentioned in subparagraph (i) or (ii) ; (vi) a school of arts or public library; or\n- (i) a school, college or university;\n- (ii) TAFE Queensland established under the TAFE Queensland Act 2013 ;\n- (iii) an educational institution other than an entity mentioned in subparagraph (i) or (ii) ;\n- (vi) a school of arts or public library; or\n- (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be an educational purpose.\n- (i) a school, college or university;\n- (ii) TAFE Queensland established under the TAFE Queensland Act 2013 ;\n- (iii) an educational institution other than an entity mentioned in subparagraph (i) or (ii) ;\n- (vi) a school of arts or public library; or\n- (a) the purpose of helping members of the Australian Defence Force (the ADF ), or members of the armed forces of another country with whom the ADF members are serving during a war, defence emergency or United Nations peacekeeping operations in which the ADF members are involved, by providing— (i) things for the comfort or convenience of the ADF members, or the members of the forces of the other country, in or outside Australia; or (ii) functions in Queensland to farewell or welcome the members; or\n- (i) things for the comfort or convenience of the ADF members, or the members of the forces of the other country, in or outside Australia; or\n- (ii) functions in Queensland to farewell or welcome the members; or\n- (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a patriotic purpose.\n- (i) things for the comfort or convenience of the ADF members, or the members of the forces of the other country, in or outside Australia; or\n- (ii) functions in Queensland to farewell or welcome the members; or\n- (a) the purpose of helping a church, mosque, pagoda, synagogue, temple or other religious body that is established, or proposed to be established; or\n- (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a religious purpose.\n- (a) the purpose of helping an association to conduct a sporting activity of a recreational nature; or\n- (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a sporting purpose.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of game","content":"### sec.11 Meaning of game\n\nA game is a game, scheme or arrangement offering prizes, whether or not tickets are sold or distributed, in which the winners are decided—\nentirely or partly by chance; or\nby a competition or other activity having an outcome depending on chance, for example, a guessing competition.\na calcutta sweep\nan art union\na promotional game\nbingo\nlucky envelopes\ntwo-up\nHowever, each of the following is not a game—\na lottery conducted under the Lotteries Act 1997 , or under arrangements approved under that Act;\na game authorised under the Interactive Gambling (Player Protection) Act 1998 .\ns 11 amd 2012 No. 2 s 2B\n(sec.11-ssec.1) A game is a game, scheme or arrangement offering prizes, whether or not tickets are sold or distributed, in which the winners are decided— entirely or partly by chance; or by a competition or other activity having an outcome depending on chance, for example, a guessing competition. a calcutta sweep an art union a promotional game bingo lucky envelopes two-up\n(sec.11-ssec.2) However, each of the following is not a game— a lottery conducted under the Lotteries Act 1997 , or under arrangements approved under that Act; a game authorised under the Interactive Gambling (Player Protection) Act 1998 .\n- (a) entirely or partly by chance; or\n- (b) by a competition or other activity having an outcome depending on chance, for example, a guessing competition.\n- 1 a calcutta sweep\n- 2 an art union\n- 3 a promotional game\n- 4 bingo\n- 5 lucky envelopes\n- 6 two-up\n- (a) a lottery conducted under the Lotteries Act 1997 , or under arrangements approved under that Act;\n- (b) a game authorised under the Interactive Gambling (Player Protection) Act 1998 .","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of lucky envelopes","content":"### sec.12 Meaning of lucky envelopes\n\nLucky envelopes is a game in which—\na ticket is torn, opened or scratched, whether physically or electronically, to reveal numbers, letters or symbols that may entitle the player to a prize; or\na ticket is printed, electronically or mechanically, with a number, letter or symbol that may entitle the player to a prize.\nLucky envelopes includes—\nthe games known as lucky envelopes, break-open, pull-tab, lucky numbers and instant art union; and\nany similar game, by whatever name called.\nHowever, lucky envelopes does not include—\na promotional game; or\na game in which the determination of the winning ticket depends on a future event.\na game in which a ticket becomes a winning ticket if a particular team wins a future sporting match\ns 12 amd 2000 No. 51 s 15\n(sec.12-ssec.1) Lucky envelopes is a game in which— a ticket is torn, opened or scratched, whether physically or electronically, to reveal numbers, letters or symbols that may entitle the player to a prize; or a ticket is printed, electronically or mechanically, with a number, letter or symbol that may entitle the player to a prize.\n(sec.12-ssec.2) Lucky envelopes includes— the games known as lucky envelopes, break-open, pull-tab, lucky numbers and instant art union; and any similar game, by whatever name called.\n(sec.12-ssec.3) However, lucky envelopes does not include— a promotional game; or a game in which the determination of the winning ticket depends on a future event. a game in which a ticket becomes a winning ticket if a particular team wins a future sporting match\n- (a) a ticket is torn, opened or scratched, whether physically or electronically, to reveal numbers, letters or symbols that may entitle the player to a prize; or\n- (b) a ticket is printed, electronically or mechanically, with a number, letter or symbol that may entitle the player to a prize.\n- (a) the games known as lucky envelopes, break-open, pull-tab, lucky numbers and instant art union; and\n- (b) any similar game, by whatever name called.\n- (a) a promotional game; or\n- (b) a game in which the determination of the winning ticket depends on a future event. Example for paragraph (b) — a game in which a ticket becomes a winning ticket if a particular team wins a future sporting match","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of promotional game","content":"### sec.13 Meaning of promotional game\n\nA promotional game is a game conducted to promote goods or services.","sortOrder":16},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Categories of games","content":"## Categories of games","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of category 1 game","content":"### sec.14 Meaning of category 1 game\n\nA category 1 game is a game in which—\nfor bingo—the gross proceeds of all games in the bingo session are not more than $2,000; or\nfor other games—the gross proceeds are not more than the amount prescribed by regulation.\nHowever, a promotional game or lucky envelopes is not a category 1 game.\nFor subsection (1) (b) , the amount prescribed must not be more than the lower amount prescribed for a category 2 game under section 15 (1) (c) .\ns 14 amd 2014 No. 30 s 14\n(sec.14-ssec.1) A category 1 game is a game in which— for bingo—the gross proceeds of all games in the bingo session are not more than $2,000; or for other games—the gross proceeds are not more than the amount prescribed by regulation.\n(sec.14-ssec.2) However, a promotional game or lucky envelopes is not a category 1 game.\n(sec.14-ssec.3) For subsection (1) (b) , the amount prescribed must not be more than the lower amount prescribed for a category 2 game under section 15 (1) (c) .\n- (a) for bingo—the gross proceeds of all games in the bingo session are not more than $2,000; or\n- (b) for other games—the gross proceeds are not more than the amount prescribed by regulation.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of category 2 game","content":"### sec.15 Meaning of category 2 game\n\nA category 2 game is a game in which—\nfor bingo—the gross proceeds of all games in the bingo session are more than $2,000 but not more than $20,000; or\nfor lucky envelopes—the gross proceeds of which are not more than $5,000; or\nfor other games—the gross proceeds are between the amounts prescribed by regulation.\nHowever, a promotional game is not a category 2 game.\ns 15 amd 2014 No. 30 s 15\n(sec.15-ssec.1) A category 2 game is a game in which— for bingo—the gross proceeds of all games in the bingo session are more than $2,000 but not more than $20,000; or for lucky envelopes—the gross proceeds of which are not more than $5,000; or for other games—the gross proceeds are between the amounts prescribed by regulation.\n(sec.15-ssec.2) However, a promotional game is not a category 2 game.\n- (a) for bingo—the gross proceeds of all games in the bingo session are more than $2,000 but not more than $20,000; or\n- (b) for lucky envelopes—the gross proceeds of which are not more than $5,000; or\n- (c) for other games—the gross proceeds are between the amounts prescribed by regulation.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of category 3 game","content":"### sec.16 Meaning of category 3 game\n\nA category 3 game is a game, other than bingo, the gross proceeds of which are more than—\nan amount prescribed by regulation; or\nif the game is conducted under a special category 3 gaming licence—$5,000.\nHowever, a promotional game or lucky envelopes is not a category 3 game.\nFor subsection (1) (a) , the amount prescribed must not be less than the higher amount prescribed for a category 2 game under section 15 (1) (c) .\ns 16 amd 2014 No. 30 s 16\n(sec.16-ssec.1) A category 3 game is a game, other than bingo, the gross proceeds of which are more than— an amount prescribed by regulation; or if the game is conducted under a special category 3 gaming licence—$5,000.\n(sec.16-ssec.2) However, a promotional game or lucky envelopes is not a category 3 game.\n(sec.16-ssec.3) For subsection (1) (a) , the amount prescribed must not be less than the higher amount prescribed for a category 2 game under section 15 (1) (c) .\n- (a) an amount prescribed by regulation; or\n- (b) if the game is conducted under a special category 3 gaming licence—$5,000.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of category 4 game","content":"### sec.17 Meaning of category 4 game\n\nA category 4 game is a promotional game.","sortOrder":21},{"sectionNumber":"pt.3","sectionType":"part","heading":"General gaming","content":"# General gaming","sortOrder":22},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Who may conduct general gaming","content":"## Who may conduct general gaming","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Category 1 games","content":"### sec.18 Category 1 games\n\nA person must not conduct a category 1 game unless the person is—\nan association; or\nauthorised to conduct the game under another Act.\nMaximum penalty—40 penalty units.\nHowever, an individual may conduct a category 1 game if—\nthe individual does not derive a personal gain from conducting the game; and\nall proceeds of the game, or goods representing the value of the proceeds, are returned to the players as prizes.\n(sec.18-ssec.1) A person must not conduct a category 1 game unless the person is— an association; or authorised to conduct the game under another Act. Maximum penalty—40 penalty units.\n(sec.18-ssec.2) However, an individual may conduct a category 1 game if— the individual does not derive a personal gain from conducting the game; and all proceeds of the game, or goods representing the value of the proceeds, are returned to the players as prizes.\n- (a) an association; or\n- (b) authorised to conduct the game under another Act.\n- (a) the individual does not derive a personal gain from conducting the game; and\n- (b) all proceeds of the game, or goods representing the value of the proceeds, are returned to the players as prizes.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Category 2 games","content":"### sec.19 Category 2 games\n\nA person must not conduct a category 2 game unless the person—\nis an eligible association and complies with section 22 ; or\nis authorised to conduct the game under another Act.\nMaximum penalty—100 penalty units.\n- (a) is an eligible association and complies with section 22 ; or\n- (b) is authorised to conduct the game under another Act.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Category 3 games","content":"### sec.20 Category 3 games\n\nA person must not conduct a category 3 game unless the person—\nis an eligible association that complies with section 22 and holds a category 3 gaming licence; or\nholds a special category 3 gaming licence; or\nis authorised to conduct the game under another Act.\nMaximum penalty—200 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 170 , to have also committed the offence.\ns 20 amd 2013 No. 51 s 229 sch 1\n- (a) is an eligible association that complies with section 22 and holds a category 3 gaming licence; or\n- (b) holds a special category 3 gaming licence; or\n- (c) is authorised to conduct the game under another Act.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Category 4 games","content":"### sec.21 Category 4 games\n\nAny person may conduct a category 4 game.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Restriction on persons conducting category 2 or 3 games","content":"### sec.22 Restriction on persons conducting category 2 or 3 games\n\nAn eligible association may conduct a category 2 or 3 game only if the association—\nkeeps its general gaming records at any of the following places—\nits principal place of business in Queensland;\nif the eligible association is a corporation whose registered office, under the Corporations Act , is in Queensland—its registered office;\nanother place approved by the chief executive; and\nif the association uses or intends to use part or all of the game’s net proceeds for a purpose outside Queensland—states on the tickets, or written advertising material for the game, the purpose for which the net proceeds are to be used.\ns 22 amd 2004 No. 21 s 21\n- (a) keeps its general gaming records at any of the following places— (i) its principal place of business in Queensland; (ii) if the eligible association is a corporation whose registered office, under the Corporations Act , is in Queensland—its registered office; (iii) another place approved by the chief executive; and\n- (i) its principal place of business in Queensland;\n- (ii) if the eligible association is a corporation whose registered office, under the Corporations Act , is in Queensland—its registered office;\n- (iii) another place approved by the chief executive; and\n- (b) if the association uses or intends to use part or all of the game’s net proceeds for a purpose outside Queensland—states on the tickets, or written advertising material for the game, the purpose for which the net proceeds are to be used.\n- (i) its principal place of business in Queensland;\n- (ii) if the eligible association is a corporation whose registered office, under the Corporations Act , is in Queensland—its registered office;\n- (iii) another place approved by the chief executive; and","sortOrder":28},{"sectionNumber":"pt.3-div.1A","sectionType":"division","heading":"Third party operator agreements","content":"## Third party operator agreements","sortOrder":29},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Agreement to help in relation to an art union","content":"### sec.22A Agreement to help in relation to an art union\n\nThis section applies for the purpose of an eligible association entering into an agreement (a third party operator agreement ) with another entity (a third party operator ) for the third party operator to help the eligible association with any of the following matters in relation to an art union—\nthe sale of tickets in the art union;\nreceiving and banking money from the sale;\naccounting for the proceeds of the sale.\nA third party operator agreement must—\nbe in writing; and\nbe signed by both the eligible association and the third party operator; and\nprovide for the arrangements between the association and the operator relating to the art union; and\nstate details of the help the operator will give the association.\nUnder section 46 (f) and (g) , a contravention of subsection (2) may be a relevant consideration in deciding whether an applicant for a licence is a suitable person to hold the licence.\nFailure to comply with subsection (2) does not affect the validity of the agreement or its status as a third party operator agreement.\nA third party operator who enters into a third party operator agreement with an eligible association is taken to be a business associate of the eligible association.\nAn eligible association that enters into a third party operator agreement continues to be responsible under this Act for the conduct of the art union to which the agreement relates.\nAn agreement between an eligible association and a person in the person’s capacity as an employee of the association or a commission agent is not a third party operator agreement.\nIn this section—\ncommission agent , in relation to an eligible association, means an individual, other than an employee of the association, who receives payment for selling art union tickets on behalf of the association.\ns 22A ins 2008 No. 2 s 13\n(sec.22A-ssec.1) This section applies for the purpose of an eligible association entering into an agreement (a third party operator agreement ) with another entity (a third party operator ) for the third party operator to help the eligible association with any of the following matters in relation to an art union— the sale of tickets in the art union; receiving and banking money from the sale; accounting for the proceeds of the sale.\n(sec.22A-ssec.2) A third party operator agreement must— be in writing; and be signed by both the eligible association and the third party operator; and provide for the arrangements between the association and the operator relating to the art union; and state details of the help the operator will give the association. Under section 46 (f) and (g) , a contravention of subsection (2) may be a relevant consideration in deciding whether an applicant for a licence is a suitable person to hold the licence.\n(sec.22A-ssec.3) Failure to comply with subsection (2) does not affect the validity of the agreement or its status as a third party operator agreement.\n(sec.22A-ssec.4) A third party operator who enters into a third party operator agreement with an eligible association is taken to be a business associate of the eligible association.\n(sec.22A-ssec.5) An eligible association that enters into a third party operator agreement continues to be responsible under this Act for the conduct of the art union to which the agreement relates.\n(sec.22A-ssec.6) An agreement between an eligible association and a person in the person’s capacity as an employee of the association or a commission agent is not a third party operator agreement.\n(sec.22A-ssec.7) In this section— commission agent , in relation to an eligible association, means an individual, other than an employee of the association, who receives payment for selling art union tickets on behalf of the association.\n- (a) the sale of tickets in the art union;\n- (b) receiving and banking money from the sale;\n- (c) accounting for the proceeds of the sale.\n- (a) be in writing; and\n- (b) be signed by both the eligible association and the third party operator; and\n- (c) provide for the arrangements between the association and the operator relating to the art union; and\n- (d) state details of the help the operator will give the association.","sortOrder":30},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Notice to chief executive of intention to enter third party operator agreement","content":"### sec.22B Notice to chief executive of intention to enter third party operator agreement\n\nAn eligible association must not enter into a third party operator agreement unless it has given the chief executive a copy of the proposed agreement at least 28 days before it enters into the agreement.\nMaximum penalty—100 penalty units.\nIf the parties to the proposed agreement make a material change to the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed.\nMaximum penalty—100 penalty units.\ns 22B ins 2008 No. 2 s 13\n(sec.22B-ssec.1) An eligible association must not enter into a third party operator agreement unless it has given the chief executive a copy of the proposed agreement at least 28 days before it enters into the agreement. Maximum penalty—100 penalty units.\n(sec.22B-ssec.2) If the parties to the proposed agreement make a material change to the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed. Maximum penalty—100 penalty units.","sortOrder":31},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Notice to chief executive of intention to amend third party operator agreement","content":"### sec.22C Notice to chief executive of intention to amend third party operator agreement\n\nAn eligible association that intends amending a third party operator agreement the association has entered into must, at least 28 days before the amending agreement is to take effect, give the chief executive a copy of the proposed agreement.\nMaximum penalty—100 penalty units.\nIf the parties to the proposed amending agreement materially further change the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed.\nMaximum penalty—100 penalty units.\ns 22C ins 2008 No. 2 s 13\n(sec.22C-ssec.1) An eligible association that intends amending a third party operator agreement the association has entered into must, at least 28 days before the amending agreement is to take effect, give the chief executive a copy of the proposed agreement. Maximum penalty—100 penalty units.\n(sec.22C-ssec.2) If the parties to the proposed amending agreement materially further change the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed. Maximum penalty—100 penalty units.","sortOrder":32},{"sectionNumber":"sec.22D","sectionType":"section","heading":"Copy of third party operator agreement to chief executive","content":"### sec.22D Copy of third party operator agreement to chief executive\n\nAn eligible association that enters into a third party operator agreement or an agreement amending a third party operator agreement must, as soon as practicable after entering into the agreement, give the chief executive a copy of the agreement.\nMaximum penalty—100 penalty units.\ns 22D ins 2008 No. 2 s 13","sortOrder":33},{"sectionNumber":"sec.22E","sectionType":"section","heading":"Notice to chief executive of cancellation of third party operator agreement","content":"### sec.22E Notice to chief executive of cancellation of third party operator agreement\n\nIf a third party operator agreement is rescinded or otherwise comes to an end, the eligible association that is a party to the agreement must, as soon as practicable after the agreement ends, give the chief executive notice that the agreement has ended.\nMaximum penalty—100 penalty units.\ns 22E ins 2008 No. 2 s 13","sortOrder":34},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Other provisions about general gaming","content":"## Other provisions about general gaming","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":"Restrictions on conducting bingo","content":"### sec.23 Restrictions on conducting bingo\n\nA person must not conduct bingo if the gross proceeds of all games in the bingo session are more than $20,000.\nMaximum penalty—200 penalty units.\nA person must not conduct bingo at a bingo centre unless—\nthe person is an eligible association; and\na bingo centre licence is in force for the bingo centre; and\nthe person has appointed an individual as an ordinary member of the bingo centre licensee.\nMaximum penalty—40 penalty units.\nIn this section—\nbingo centre means premises where 2 or more eligible associations conduct, between or amongst them, more than 25 bingo sessions each week.\n(sec.23-ssec.1) A person must not conduct bingo if the gross proceeds of all games in the bingo session are more than $20,000. Maximum penalty—200 penalty units.\n(sec.23-ssec.2) A person must not conduct bingo at a bingo centre unless— the person is an eligible association; and a bingo centre licence is in force for the bingo centre; and the person has appointed an individual as an ordinary member of the bingo centre licensee. Maximum penalty—40 penalty units.\n(sec.23-ssec.3) In this section— bingo centre means premises where 2 or more eligible associations conduct, between or amongst them, more than 25 bingo sessions each week.\n- (a) the person is an eligible association; and\n- (b) a bingo centre licence is in force for the bingo centre; and\n- (c) the person has appointed an individual as an ordinary member of the bingo centre licensee.","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Restriction on conducting lucky envelopes","content":"### sec.24 Restriction on conducting lucky envelopes\n\nA person must not conduct lucky envelopes if the gross proceeds of the game are more than $5,000.\nMaximum penalty—200 penalty units.","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Approving, installing and operating lucky envelope vending machines","content":"### sec.25 Approving, installing and operating lucky envelope vending machines\n\nA person must not conduct lucky envelopes from a lucky envelope vending machine unless the machine is approved by the chief executive under part 5 , division 9 .\nA person conducting lucky envelopes must ensure the lucky envelope vending machine is installed and operated in the way prescribed under a regulation.\nMaximum penalty—40 penalty units.\n(sec.25-ssec.1) A person must not conduct lucky envelopes from a lucky envelope vending machine unless the machine is approved by the chief executive under part 5 , division 9 .\n(sec.25-ssec.2) A person conducting lucky envelopes must ensure the lucky envelope vending machine is installed and operated in the way prescribed under a regulation. Maximum penalty—40 penalty units.","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Printing lucky envelopes","content":"### sec.26 Printing lucky envelopes\n\nA person must not print lucky envelopes unless the person holds a lucky envelope printer licence.\nMaximum penalty—100 penalty units.\nThe holder of a lucky envelope printer licence must comply with the requirements prescribed under a regulation for printing lucky envelopes.\nMaximum penalty—50 penalty units.\nTo remove doubt, it is declared that a person does not print lucky envelopes if the person merely sells lucky envelopes—\nfrom a lucky envelope vending machine; or\nobtained from the holder of a lucky envelope printer licence.\n(sec.26-ssec.1) A person must not print lucky envelopes unless the person holds a lucky envelope printer licence. Maximum penalty—100 penalty units.\n(sec.26-ssec.2) The holder of a lucky envelope printer licence must comply with the requirements prescribed under a regulation for printing lucky envelopes. Maximum penalty—50 penalty units.\n(sec.26-ssec.3) To remove doubt, it is declared that a person does not print lucky envelopes if the person merely sells lucky envelopes— from a lucky envelope vending machine; or obtained from the holder of a lucky envelope printer licence.\n- (a) from a lucky envelope vending machine; or\n- (b) obtained from the holder of a lucky envelope printer licence.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Safe custody of lucky envelopes","content":"### sec.27 Safe custody of lucky envelopes\n\nThe holder of a lucky envelope printer licence must ensure—\nstocks of lucky envelopes held by the holder are kept in a secure place; and\nadequate security arrangements exist to prevent access to the place by persons who are not authorised by the holder to have the access.\nA person conducting lucky envelopes must ensure—\nthe following are kept in a secure place—\nstocks of lucky envelopes held by the person;\nany microchip or other program storage media for random number generator software used by the person in a lucky envelope vending machine; and\nadequate security arrangements exist to prevent access to the place by persons who are not authorised by the person conducting the lucky envelopes to have the access.\nMaximum penalty—40 penalty units.\n(sec.27-ssec.1) The holder of a lucky envelope printer licence must ensure— stocks of lucky envelopes held by the holder are kept in a secure place; and adequate security arrangements exist to prevent access to the place by persons who are not authorised by the holder to have the access.\n(sec.27-ssec.2) A person conducting lucky envelopes must ensure— the following are kept in a secure place— stocks of lucky envelopes held by the person; any microchip or other program storage media for random number generator software used by the person in a lucky envelope vending machine; and adequate security arrangements exist to prevent access to the place by persons who are not authorised by the person conducting the lucky envelopes to have the access. Maximum penalty—40 penalty units.\n- (a) stocks of lucky envelopes held by the holder are kept in a secure place; and\n- (b) adequate security arrangements exist to prevent access to the place by persons who are not authorised by the holder to have the access.\n- (a) the following are kept in a secure place— (i) stocks of lucky envelopes held by the person; (ii) any microchip or other program storage media for random number generator software used by the person in a lucky envelope vending machine; and\n- (i) stocks of lucky envelopes held by the person;\n- (ii) any microchip or other program storage media for random number generator software used by the person in a lucky envelope vending machine; and\n- (b) adequate security arrangements exist to prevent access to the place by persons who are not authorised by the person conducting the lucky envelopes to have the access.\n- (i) stocks of lucky envelopes held by the person;\n- (ii) any microchip or other program storage media for random number generator software used by the person in a lucky envelope vending machine; and","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Selling lucky envelopes","content":"### sec.28 Selling lucky envelopes\n\nA person must not sell lucky envelopes unless the envelopes have been printed under a lucky envelope printer licence.\nMaximum penalty—50 penalty units.","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application for approval of events","content":"### sec.29 Application for approval of events\n\nA person may apply to the chief executive for approval for an event on which the person intends to conduct a calcutta sweep.\nThe application must be in writing and describe the event for which approval is sought.\n(sec.29-ssec.1) A person may apply to the chief executive for approval for an event on which the person intends to conduct a calcutta sweep.\n(sec.29-ssec.2) The application must be in writing and describe the event for which approval is sought.","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"Decision on application","content":"### sec.30 Decision on application\n\nThe chief executive must consider the application and either give, or refuse to give, the approval sought by the application.\nAn approval may relate to an event in or outside Australia.\nThe chief executive must not give an approval for an event the chief executive considers to be offensive or contrary to the public interest.\n(sec.30-ssec.1) The chief executive must consider the application and either give, or refuse to give, the approval sought by the application.\n(sec.30-ssec.2) An approval may relate to an event in or outside Australia.\n(sec.30-ssec.3) The chief executive must not give an approval for an event the chief executive considers to be offensive or contrary to the public interest.","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Conditions of approval","content":"### sec.31 Conditions of approval\n\nThe chief executive may give the approval—\non conditions the chief executive considers necessary or desirable for the proper conduct of the calcutta sweep; or\non other conditions the chief executive considers necessary or desirable in the public interest.\n- (a) on conditions the chief executive considers necessary or desirable for the proper conduct of the calcutta sweep; or\n- (b) on other conditions the chief executive considers necessary or desirable in the public interest.","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Notice of decision","content":"### sec.32 Notice of decision\n\nIf the chief executive gives the approval, the chief executive must give the person a notice stating—\nthe decision; and\nany conditions of the approval.\nThe notice may also state the period for which the approval remains in force.\nIf the chief executive refuses the approval, the chief executive must give the person a notice stating the decision and the reasons for it.\n(sec.32-ssec.1) If the chief executive gives the approval, the chief executive must give the person a notice stating— the decision; and any conditions of the approval.\n(sec.32-ssec.2) The notice may also state the period for which the approval remains in force.\n(sec.32-ssec.3) If the chief executive refuses the approval, the chief executive must give the person a notice stating the decision and the reasons for it.\n- (a) the decision; and\n- (b) any conditions of the approval.","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Period of approval","content":"### sec.33 Period of approval\n\nAn approval remains in force—\nif a period is stated in the notice under section 32 (2) —for the stated period; or\nif no period is stated in the notice—until the approval is withdrawn.\n- (a) if a period is stated in the notice under section 32 (2) —for the stated period; or\n- (b) if no period is stated in the notice—until the approval is withdrawn.","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Withdrawal of approval","content":"### sec.34 Withdrawal of approval\n\nThe chief executive may, for any reason the chief executive considers appropriate, withdraw an approval given under section 30 .\nHowever, the approval may be withdrawn only if the chief executive—\nhas given the person a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and\nhas considered any representations made by the person in the process carried out by the chief executive under paragraph (a) .\nThe withdrawal must be made by notice given to the person and stating the reasons for the decision.\nThe decision takes effect—\non the day the notice is given to the person; or\nif a later day of effect is stated in the notice—on the later day.\n(sec.34-ssec.1) The chief executive may, for any reason the chief executive considers appropriate, withdraw an approval given under section 30 .\n(sec.34-ssec.2) However, the approval may be withdrawn only if the chief executive— has given the person a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and has considered any representations made by the person in the process carried out by the chief executive under paragraph (a) .\n(sec.34-ssec.3) The withdrawal must be made by notice given to the person and stating the reasons for the decision.\n(sec.34-ssec.4) The decision takes effect— on the day the notice is given to the person; or if a later day of effect is stated in the notice—on the later day.\n- (a) has given the person a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and\n- (b) has considered any representations made by the person in the process carried out by the chief executive under paragraph (a) .\n- (a) on the day the notice is given to the person; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of net proceeds of games","content":"### sec.35 Application of net proceeds of games\n\nA person must not use or apply the net proceeds of a category 1, 2 or 3 game other than for a purpose for which the game was conducted.\nMaximum penalty—100 penalty units.","sortOrder":48},{"sectionNumber":"pt.4","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":49},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Types and form","content":"## Types and form","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Types of general licences","content":"### sec.36 Types of general licences\n\nThe following types of general licence may be issued under this Act—\na bingo centre licence;\na category 3 gaming licence;\na lucky envelope printer licence;\na special category 3 gaming licence.\n- (a) a bingo centre licence;\n- (b) a category 3 gaming licence;\n- (c) a lucky envelope printer licence;\n- (d) a special category 3 gaming licence.","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Form, content and term of general licences","content":"### sec.37 Form, content and term of general licences\n\nA general licence must—\nbe in the approved form; and\ninclude the following particulars—\nthe licensee’s name;\nthe date of issue;\nthe term for which it is issued;\nits conditions;\nother particulars prescribed under a regulation.\nA general licence is issued for the following term—\nfor a bingo centre licence—1 year;\nfor a category 3 gaming licence—1 year;\nfor a lucky envelope printer licence—5 years;\nfor a special category 3 gaming licence—4 months.\n(sec.37-ssec.1) A general licence must— be in the approved form; and include the following particulars— the licensee’s name; the date of issue; the term for which it is issued; its conditions; other particulars prescribed under a regulation.\n(sec.37-ssec.2) A general licence is issued for the following term— for a bingo centre licence—1 year; for a category 3 gaming licence—1 year; for a lucky envelope printer licence—5 years; for a special category 3 gaming licence—4 months.\n- (a) be in the approved form; and\n- (b) include the following particulars— (i) the licensee’s name; (ii) the date of issue; (iii) the term for which it is issued; (iv) its conditions; (v) other particulars prescribed under a regulation.\n- (i) the licensee’s name;\n- (ii) the date of issue;\n- (iii) the term for which it is issued;\n- (iv) its conditions;\n- (v) other particulars prescribed under a regulation.\n- (i) the licensee’s name;\n- (ii) the date of issue;\n- (iii) the term for which it is issued;\n- (iv) its conditions;\n- (v) other particulars prescribed under a regulation.\n- (a) for a bingo centre licence—1 year;\n- (b) for a category 3 gaming licence—1 year;\n- (c) for a lucky envelope printer licence—5 years;\n- (d) for a special category 3 gaming licence—4 months.","sortOrder":52},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Issue and renewal","content":"## Issue and renewal","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Who may apply for a bingo centre licence","content":"### sec.38 Who may apply for a bingo centre licence\n\nFor the purpose of an application for a bingo centre licence, an association must be established that complies with subsection (2) .\nAn applicant for a bingo centre licence (the applicant association ) must be an association—\nincorporated under the Associations Incorporation Act 1981 ; and\nthe ordinary members of which consist only of individuals appointed by eligible associations conducting, or intending to conduct, bingo at the premises for which the licence is sought.\nAn eligible association may appoint an individual as an ordinary member of the applicant association if the individual is an ordinary member of the eligible association.\nThe number of individuals appointed to the applicant association by each eligible association must be the same.\n(sec.38-ssec.1) For the purpose of an application for a bingo centre licence, an association must be established that complies with subsection (2) .\n(sec.38-ssec.2) An applicant for a bingo centre licence (the applicant association ) must be an association— incorporated under the Associations Incorporation Act 1981 ; and the ordinary members of which consist only of individuals appointed by eligible associations conducting, or intending to conduct, bingo at the premises for which the licence is sought.\n(sec.38-ssec.3) An eligible association may appoint an individual as an ordinary member of the applicant association if the individual is an ordinary member of the eligible association.\n(sec.38-ssec.4) The number of individuals appointed to the applicant association by each eligible association must be the same.\n- (a) incorporated under the Associations Incorporation Act 1981 ; and\n- (b) the ordinary members of which consist only of individuals appointed by eligible associations conducting, or intending to conduct, bingo at the premises for which the licence is sought.","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"Who may apply for category 3 gaming licence","content":"### sec.39 Who may apply for category 3 gaming licence\n\nAn applicant for a category 3 gaming licence must be—\nan incorporated eligible association; or\na parents and citizens association formed under the Education (General Provisions) Act 2006 ; or\na parents and friends association formed for a non-State school accredited under the Education (Accreditation of Non-State Schools) Act 2017 ; or\na registered political party under the Electoral Act 1992 .\ns 39 sub 2000 No. 51 s 16\namd 2006 No. 39 s 512 (1) sch 1 ; 2009 No. 41 s 15 ; 2017 No. 24 s 204\n- (a) an incorporated eligible association; or\n- (b) a parents and citizens association formed under the Education (General Provisions) Act 2006 ; or\n- (c) a parents and friends association formed for a non-State school accredited under the Education (Accreditation of Non-State Schools) Act 2017 ; or\n- (d) a registered political party under the Electoral Act 1992 .","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Who may apply for a lucky envelope printer licence","content":"### sec.40 Who may apply for a lucky envelope printer licence\n\nAn applicant for a lucky envelope printer licence must be a corporation.","sortOrder":56},{"sectionNumber":"sec.41","sectionType":"section","heading":"Who may apply for a special category 3 gaming licence","content":"### sec.41 Who may apply for a special category 3 gaming licence\n\nAn applicant for a special category 3 gaming licence must be a person intending to conduct a single art union for the welfare or benefit of—\nindividuals who need help because of a disaster; or\na disadvantaged individual.\nan individual who is financially disadvantaged\n- (a) individuals who need help because of a disaster; or\n- (b) a disadvantaged individual. Example of disadvantaged individual— an individual who is financially disadvantaged","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Special category 3 gaming licence not renewable","content":"### sec.42 Special category 3 gaming licence not renewable\n\nA special category 3 gaming licence is not renewable.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application for issue or renewal of a general licence","content":"### sec.43 Application for issue or renewal of a general licence\n\nAn application must—\nbe made to the chief executive in the approved form; and\nbe accompanied by the application fee, if any, prescribed under a regulation.\nSubsection (1B) applies if—\nthe application is for, or for the renewal of, a category 3 gaming licence; and\nat the time the application is made, the applicant intends entering into a third party operator agreement.\nThe applicant must include a copy of the proposed agreement with the application.\nSee part 3 , division 1A (Third party operator agreements).\nThe application must be made in the time prescribed under a regulation.\nThe chief executive may, by notice, ask the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application.\nThe applicant must comply with the request within the reasonable time stated in the notice.\ns 43 amd 2008 No. 2 s 14\n(sec.43-ssec.1) An application must— be made to the chief executive in the approved form; and be accompanied by the application fee, if any, prescribed under a regulation.\n(sec.43-ssec.1A) Subsection (1B) applies if— the application is for, or for the renewal of, a category 3 gaming licence; and at the time the application is made, the applicant intends entering into a third party operator agreement.\n(sec.43-ssec.1B) The applicant must include a copy of the proposed agreement with the application. See part 3 , division 1A (Third party operator agreements).\n(sec.43-ssec.2) The application must be made in the time prescribed under a regulation.\n(sec.43-ssec.3) The chief executive may, by notice, ask the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application.\n(sec.43-ssec.4) The applicant must comply with the request within the reasonable time stated in the notice.\n- (a) be made to the chief executive in the approved form; and\n- (b) be accompanied by the application fee, if any, prescribed under a regulation.\n- (a) the application is for, or for the renewal of, a category 3 gaming licence; and\n- (b) at the time the application is made, the applicant intends entering into a third party operator agreement.","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Consideration of application","content":"### sec.44 Consideration of application\n\nThe chief executive must consider the application and any additional information or document given to the chief executive under section 43 , and either grant or refuse to grant the application.","sortOrder":60},{"sectionNumber":"sec.45","sectionType":"section","heading":"Conditions for granting application","content":"### sec.45 Conditions for granting application\n\nThe chief executive may grant an application for a licence, other than a special category 3 licence, only if the chief executive is satisfied—\nthe applicant is a suitable person to hold the licence; and\neach business or executive associate of the applicant is a suitable person to be associated with the applicant’s proposed operations under the licence.\nThe chief executive may grant an application for a special category 3 gaming licence to conduct an art union only if the chief executive is satisfied—\nthe applicant is a suitable person to hold the licence, or, if the application is made for an unincorporated association, each management member of the association would be a suitable person to hold the licence if the member were the applicant; and\nit is reasonable to grant the licence because of the exceptional circumstances of the case.\na financially disadvantaged individual requires urgent medical treatment\na financially disadvantaged individual requires financial assistance to participate in an international sporting event\nHowever, the chief executive may refuse to grant an application for a licence even if the chief executive is satisfied of the matters mentioned in subsection (1) or (2) .\n(sec.45-ssec.1) The chief executive may grant an application for a licence, other than a special category 3 licence, only if the chief executive is satisfied— the applicant is a suitable person to hold the licence; and each business or executive associate of the applicant is a suitable person to be associated with the applicant’s proposed operations under the licence.\n(sec.45-ssec.2) The chief executive may grant an application for a special category 3 gaming licence to conduct an art union only if the chief executive is satisfied— the applicant is a suitable person to hold the licence, or, if the application is made for an unincorporated association, each management member of the association would be a suitable person to hold the licence if the member were the applicant; and it is reasonable to grant the licence because of the exceptional circumstances of the case. a financially disadvantaged individual requires urgent medical treatment a financially disadvantaged individual requires financial assistance to participate in an international sporting event\n(sec.45-ssec.3) However, the chief executive may refuse to grant an application for a licence even if the chief executive is satisfied of the matters mentioned in subsection (1) or (2) .\n- (a) the applicant is a suitable person to hold the licence; and\n- (b) each business or executive associate of the applicant is a suitable person to be associated with the applicant’s proposed operations under the licence.\n- (a) the applicant is a suitable person to hold the licence, or, if the application is made for an unincorporated association, each management member of the association would be a suitable person to hold the licence if the member were the applicant; and\n- (b) it is reasonable to grant the licence because of the exceptional circumstances of the case.\n- 1 a financially disadvantaged individual requires urgent medical treatment\n- 2 a financially disadvantaged individual requires financial assistance to participate in an international sporting event","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Suitability of applicant to hold general licence","content":"### sec.46 Suitability of applicant to hold general licence\n\nIn deciding whether the applicant, or a management member of the applicant, is a suitable person as mentioned in section 45 , the chief executive may have regard to any relevant matter, including the following—\nthe applicant or management member’s character or business reputation;\nthe applicant or management member’s current financial position and financial background;\nif the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure for conducting the licensee’s proposed operations under the licence;\nwhether the applicant or management member has, or is able to obtain, the services of persons who have—\nfinancial resources the chief executive considers adequate to ensure the financial viability of operations conducted under the licence; and\nappropriate experience to ensure the proper and successful conduct of the applicant’s proposed operations under the licence;\nfor an application for a category 3 gaming licence or a special category 3 gaming licence—whether the applicant has in place adequate corporate governance practices for the planning, supervising and reporting of category 3 games;\nif the application is for a category 3 gaming licence and the applicant intends entering into a third party operator agreement—the proposed agreement including whether it complies with section 22A (2) ;\nif the application is for a category 3 gaming licence and the applicant has entered into a third party operator agreement—the agreement including whether it complies with section 22A (2) ;\nif the applicant or management member has a business or executive association with another person—\nthe other person’s character or business reputation; and\nthe other person’s current financial position and financial background.\ns 46 amd 2008 No. 2 s 15\n- (a) the applicant or management member’s character or business reputation;\n- (b) the applicant or management member’s current financial position and financial background;\n- (c) if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure for conducting the licensee’s proposed operations under the licence;\n- (d) whether the applicant or management member has, or is able to obtain, the services of persons who have— (i) financial resources the chief executive considers adequate to ensure the financial viability of operations conducted under the licence; and (ii) appropriate experience to ensure the proper and successful conduct of the applicant’s proposed operations under the licence;\n- (i) financial resources the chief executive considers adequate to ensure the financial viability of operations conducted under the licence; and\n- (ii) appropriate experience to ensure the proper and successful conduct of the applicant’s proposed operations under the licence;\n- (e) for an application for a category 3 gaming licence or a special category 3 gaming licence—whether the applicant has in place adequate corporate governance practices for the planning, supervising and reporting of category 3 games;\n- (f) if the application is for a category 3 gaming licence and the applicant intends entering into a third party operator agreement—the proposed agreement including whether it complies with section 22A (2) ;\n- (g) if the application is for a category 3 gaming licence and the applicant has entered into a third party operator agreement—the agreement including whether it complies with section 22A (2) ;\n- (h) if the applicant or management member has a business or executive association with another person— (i) the other person’s character or business reputation; and (ii) the other person’s current financial position and financial background.\n- (i) the other person’s character or business reputation; and\n- (ii) the other person’s current financial position and financial background.\n- (i) financial resources the chief executive considers adequate to ensure the financial viability of operations conducted under the licence; and\n- (ii) appropriate experience to ensure the proper and successful conduct of the applicant’s proposed operations under the licence;\n- (i) the other person’s character or business reputation; and\n- (ii) the other person’s current financial position and financial background.","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Suitability of business and executive associates of applicant","content":"### sec.47 Suitability of business and executive associates of applicant\n\nIn deciding whether a business or executive associate of the applicant is a suitable person to be associated with the applicant’s proposed operations under the licence, the chief executive may have regard to any relevant matter including the following—\nthe associate’s character or business reputation;\nthe associate’s current financial position and financial background;\nif the associate has a business or executive association with another person—\nthe other person’s character or business reputation; and\nthe other person’s current financial position and financial background.\n- (a) the associate’s character or business reputation;\n- (b) the associate’s current financial position and financial background;\n- (c) if the associate has a business or executive association with another person— (i) the other person’s character or business reputation; and (ii) the other person’s current financial position and financial background.\n- (i) the other person’s character or business reputation; and\n- (ii) the other person’s current financial position and financial background.\n- (i) the other person’s character or business reputation; and\n- (ii) the other person’s current financial position and financial background.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Investigations of suitability of applicant","content":"### sec.48 Investigations of suitability of applicant\n\nThe chief executive may investigate the applicant, or a management member of the applicant, to decide whether the applicant or management member is a suitable person to hold the licence.\nThe chief executive may investigate a business or executive associate of the applicant to decide whether the business or executive associate is a suitable person to be associated with the applicant’s proposed operations under the licence.\n(sec.48-ssec.1) The chief executive may investigate the applicant, or a management member of the applicant, to decide whether the applicant or management member is a suitable person to hold the licence.\n(sec.48-ssec.2) The chief executive may investigate a business or executive associate of the applicant to decide whether the business or executive associate is a suitable person to be associated with the applicant’s proposed operations under the licence.","sortOrder":64},{"sectionNumber":"sec.49","sectionType":"section","heading":"Criminal history reports for investigations","content":"### sec.49 Criminal history reports for investigations\n\nIf the chief executive, in investigating a person under section 48 , asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report must contain—\nall relevant information the commissioner possesses; and\nall relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nall other relevant information to which the commissioner has access.\n(sec.49-ssec.1) If the chief executive, in investigating a person under section 48 , asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.49-ssec.2) The report must contain— all relevant information the commissioner possesses; and all relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and all other relevant information to which the commissioner has access.\n- (a) all relevant information the commissioner possesses; and\n- (b) all relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) all other relevant information to which the commissioner has access.","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"Inspection before issue or renewal of general licence","content":"### sec.50 Inspection before issue or renewal of general licence\n\nFor deciding the application, the chief executive may ask an inspector—\nto enter and inspect a place that is being, or is proposed to be, used—\nfor conducting general gaming; or\nfor printing lucky envelopes; and\nto inspect and test equipment that is being, or is proposed to be used for conducting games or printing lucky envelopes.\nThe inspector may enter the place under section 119 and carry out the inspection and testing.\nFor the purposes of the application, the applicant must consent to the entry.\n(sec.50-ssec.1) For deciding the application, the chief executive may ask an inspector— to enter and inspect a place that is being, or is proposed to be, used— for conducting general gaming; or for printing lucky envelopes; and to inspect and test equipment that is being, or is proposed to be used for conducting games or printing lucky envelopes.\n(sec.50-ssec.2) The inspector may enter the place under section 119 and carry out the inspection and testing.\n(sec.50-ssec.3) For the purposes of the application, the applicant must consent to the entry.\n- (a) to enter and inspect a place that is being, or is proposed to be, used— (i) for conducting general gaming; or (ii) for printing lucky envelopes; and\n- (i) for conducting general gaming; or\n- (ii) for printing lucky envelopes; and\n- (b) to inspect and test equipment that is being, or is proposed to be used for conducting games or printing lucky envelopes.\n- (i) for conducting general gaming; or\n- (ii) for printing lucky envelopes; and","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Other matters chief executive may have regard to in deciding applications for bingo centre licences","content":"### sec.51 Other matters chief executive may have regard to in deciding applications for bingo centre licences\n\nIn deciding whether to grant an application for a bingo centre licence, the chief executive may also have regard to whether—\nthe applicant is capable of complying with this Act; and\nthe practices and procedures followed, or proposed to be followed, by the applicant in conducting the bingo centre are adequate to ensure, to the greatest extent reasonably possible—\nthe integrity of bingo games conducted at the bingo centre; and\nthe elimination of opportunity for practices that could damage public confidence in bingo games conducted at the bingo centre; and\nthe premises and the facilities provided, or to be provided, at the bingo centre, including facilities for conducting bingo, are suitable and of an appropriate standard for conducting bingo.\nSubsection (1) does not limit the matters the chief executive may have regard to in deciding whether to grant or refuse the application.\n(sec.51-ssec.1) In deciding whether to grant an application for a bingo centre licence, the chief executive may also have regard to whether— the applicant is capable of complying with this Act; and the practices and procedures followed, or proposed to be followed, by the applicant in conducting the bingo centre are adequate to ensure, to the greatest extent reasonably possible— the integrity of bingo games conducted at the bingo centre; and the elimination of opportunity for practices that could damage public confidence in bingo games conducted at the bingo centre; and the premises and the facilities provided, or to be provided, at the bingo centre, including facilities for conducting bingo, are suitable and of an appropriate standard for conducting bingo.\n(sec.51-ssec.2) Subsection (1) does not limit the matters the chief executive may have regard to in deciding whether to grant or refuse the application.\n- (a) the applicant is capable of complying with this Act; and\n- (b) the practices and procedures followed, or proposed to be followed, by the applicant in conducting the bingo centre are adequate to ensure, to the greatest extent reasonably possible— (i) the integrity of bingo games conducted at the bingo centre; and (ii) the elimination of opportunity for practices that could damage public confidence in bingo games conducted at the bingo centre; and\n- (i) the integrity of bingo games conducted at the bingo centre; and\n- (ii) the elimination of opportunity for practices that could damage public confidence in bingo games conducted at the bingo centre; and\n- (c) the premises and the facilities provided, or to be provided, at the bingo centre, including facilities for conducting bingo, are suitable and of an appropriate standard for conducting bingo.\n- (i) the integrity of bingo games conducted at the bingo centre; and\n- (ii) the elimination of opportunity for practices that could damage public confidence in bingo games conducted at the bingo centre; and","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Other matters to be considered by chief executive in deciding applications for category 3 gaming licences","content":"### sec.52 Other matters to be considered by chief executive in deciding applications for category 3 gaming licences\n\nIn deciding whether to grant an application for a category 3 gaming licence, the chief executive may also have regard to—\nwhether the applicant is capable of complying with this Act; and\nwhether the applicant is fulfilling or is able to fulfil the objects for which the applicant was formed.\nSubsection (1) does not limit the matters the chief executive may consider in deciding whether to grant or refuse the application.\n(sec.52-ssec.1) In deciding whether to grant an application for a category 3 gaming licence, the chief executive may also have regard to— whether the applicant is capable of complying with this Act; and whether the applicant is fulfilling or is able to fulfil the objects for which the applicant was formed.\n(sec.52-ssec.2) Subsection (1) does not limit the matters the chief executive may consider in deciding whether to grant or refuse the application.\n- (a) whether the applicant is capable of complying with this Act; and\n- (b) whether the applicant is fulfilling or is able to fulfil the objects for which the applicant was formed.","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Other matters to be considered by chief executive in deciding applications for lucky envelope printer licences","content":"### sec.53 Other matters to be considered by chief executive in deciding applications for lucky envelope printer licences\n\nIn deciding whether to grant an application for a lucky envelope printer licence, the chief executive may also have regard to whether—\nthe applicant is capable of complying with this Act; and\nthe facilities provided, or to be provided, by the applicant are adequate for printing lucky envelopes; and\nthe practices and procedures followed, or proposed to be followed, by the applicant in printing lucky envelopes are adequate to ensure, to the greatest extent reasonably possible—\nthe integrity of lucky envelopes; and\nthe elimination of opportunity for practices that could damage public confidence and trust in buying lucky envelopes as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes.\nSubsection (1) does not limit the matters the chief executive may have regard to in deciding whether to grant or refuse the application.\n(sec.53-ssec.1) In deciding whether to grant an application for a lucky envelope printer licence, the chief executive may also have regard to whether— the applicant is capable of complying with this Act; and the facilities provided, or to be provided, by the applicant are adequate for printing lucky envelopes; and the practices and procedures followed, or proposed to be followed, by the applicant in printing lucky envelopes are adequate to ensure, to the greatest extent reasonably possible— the integrity of lucky envelopes; and the elimination of opportunity for practices that could damage public confidence and trust in buying lucky envelopes as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes.\n(sec.53-ssec.2) Subsection (1) does not limit the matters the chief executive may have regard to in deciding whether to grant or refuse the application.\n- (a) the applicant is capable of complying with this Act; and\n- (b) the facilities provided, or to be provided, by the applicant are adequate for printing lucky envelopes; and\n- (c) the practices and procedures followed, or proposed to be followed, by the applicant in printing lucky envelopes are adequate to ensure, to the greatest extent reasonably possible— (i) the integrity of lucky envelopes; and (ii) the elimination of opportunity for practices that could damage public confidence and trust in buying lucky envelopes as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes.\n- (i) the integrity of lucky envelopes; and\n- (ii) the elimination of opportunity for practices that could damage public confidence and trust in buying lucky envelopes as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes.\n- (i) the integrity of lucky envelopes; and\n- (ii) the elimination of opportunity for practices that could damage public confidence and trust in buying lucky envelopes as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"Decision on application","content":"### sec.54 Decision on application\n\nSubject to subsection (2) , if the chief executive decides to grant an application, the chief executive must immediately issue or renew the licence.\nThe chief executive may issue or renew the licence only if the applicant has given the chief executive the licence or renewal fee prescribed under a regulation.\nIf the chief executive decides to refuse to grant the application, the chief executive must immediately give the applicant an information notice about the decision.\n(sec.54-ssec.1) Subject to subsection (2) , if the chief executive decides to grant an application, the chief executive must immediately issue or renew the licence.\n(sec.54-ssec.2) The chief executive may issue or renew the licence only if the applicant has given the chief executive the licence or renewal fee prescribed under a regulation.\n(sec.54-ssec.3) If the chief executive decides to refuse to grant the application, the chief executive must immediately give the applicant an information notice about the decision.","sortOrder":70},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":"Conditions imposed on issue or renewal of general licence","content":"### sec.55 Conditions imposed on issue or renewal of general licence\n\nThe chief executive may issue or renew a general licence on conditions the chief executive considers necessary or desirable—\nin the public interest; or\nfor the proper conduct, by the licensee, of the activity authorised by the licence.\nThe chief executive may ask the applicant to give the chief executive a financial institution guarantee to ensure delivery of prizes for the games proposed to be conducted by the applicant.\nIf the chief executive decides to impose a condition on the issue or renewal of a general licence, the chief executive must immediately give the applicant an information notice about the decision.\n(sec.55-ssec.1) The chief executive may issue or renew a general licence on conditions the chief executive considers necessary or desirable— in the public interest; or for the proper conduct, by the licensee, of the activity authorised by the licence. The chief executive may ask the applicant to give the chief executive a financial institution guarantee to ensure delivery of prizes for the games proposed to be conducted by the applicant.\n(sec.55-ssec.2) If the chief executive decides to impose a condition on the issue or renewal of a general licence, the chief executive must immediately give the applicant an information notice about the decision.\n- (a) in the public interest; or\n- (b) for the proper conduct, by the licensee, of the activity authorised by the licence.","sortOrder":72},{"sectionNumber":"sec.56","sectionType":"section","heading":"Changing conditions of general licence","content":"### sec.56 Changing conditions of general licence\n\nThe chief executive may change the conditions of a general licence if the chief executive considers it is necessary or desirable to make the change—\nin the public interest; or\nfor the licensee’s proper conduct of the activity authorised by the licence.\nIf the chief executive decides to change the conditions, the chief executive must immediately give the licensee—\nnotice of the changed conditions; and\nan information notice about the decision.\nA change of conditions takes effect on—\nthe day the information notice is given to the licensee; or\nif a later day is stated in the information notice—the later day.\nThe chief executive’s power under subsection (1) includes the power to add conditions to an unconditional licence.\ns 56 amd 2004 No. 21 s 22\n(sec.56-ssec.1) The chief executive may change the conditions of a general licence if the chief executive considers it is necessary or desirable to make the change— in the public interest; or for the licensee’s proper conduct of the activity authorised by the licence.\n(sec.56-ssec.2) If the chief executive decides to change the conditions, the chief executive must immediately give the licensee— notice of the changed conditions; and an information notice about the decision.\n(sec.56-ssec.3) A change of conditions takes effect on— the day the information notice is given to the licensee; or if a later day is stated in the information notice—the later day.\n(sec.56-ssec.4) The chief executive’s power under subsection (1) includes the power to add conditions to an unconditional licence.\n- (a) in the public interest; or\n- (b) for the licensee’s proper conduct of the activity authorised by the licence.\n- (a) notice of the changed conditions; and\n- (b) an information notice about the decision.\n- (a) the day the information notice is given to the licensee; or\n- (b) if a later day is stated in the information notice—the later day.","sortOrder":73},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Recording change of conditions","content":"### sec.56A Recording change of conditions\n\nIf a general licensee receives an information notice under section 56 (2) , the licensee must return the licence to the chief executive within 7 days after receiving the notice, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the licence, the chief executive must—\namend the licence to include the changed conditions and return it to the licensee; or\ngive the licensee a replacement licence showing the changed conditions.\ns 56A ins 2004 No. 21 s 23\n(sec.56A-ssec.1) If a general licensee receives an information notice under section 56 (2) , the licensee must return the licence to the chief executive within 7 days after receiving the notice, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.56A-ssec.2) On receiving the licence, the chief executive must— amend the licence to include the changed conditions and return it to the licensee; or give the licensee a replacement licence showing the changed conditions.\n- (a) amend the licence to include the changed conditions and return it to the licensee; or\n- (b) give the licensee a replacement licence showing the changed conditions.","sortOrder":74},{"sectionNumber":"sec.57","sectionType":"section","heading":"Non-compliance with general licence conditions","content":"### sec.57 Non-compliance with general licence conditions\n\nA general licensee must comply with the licence conditions.\nMaximum penalty—\nfor the first offence—40 penalty units; or\nfor a subsequent offence—100 penalty units.\n- (a) for the first offence—40 penalty units; or\n- (b) for a subsequent offence—100 penalty units.","sortOrder":75},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Suspension and cancellation","content":"## Suspension and cancellation","sortOrder":76},{"sectionNumber":"sec.58","sectionType":"section","heading":"Grounds for suspension or cancellation of general licence","content":"### sec.58 Grounds for suspension or cancellation of general licence\n\nEach of the following is a ground for suspending or cancelling a general licence—\nthe general licensee is not a suitable person to hold the licence, or, if the licensee is an unincorporated association, each management member of the association is not a suitable person to hold the licence if the member were the licensee;\nfor a general licence other than a special category 3 gaming licence—a business or executive associate of the general licensee is not a suitable person to be associated with the licensee’s operations under the licence;\nthe general licensee is convicted of an offence against this Act or a gaming Act;\nthe general licensee is convicted of an indictable offence;\nthe general licensee fails to comply with a condition of the licence;\nthe general licensee fails to comply with a direction given by the chief executive about the licensee’s management practices or conduct of general gaming;\nthe general licensee fails to discharge the licensee’s financial commitments for the licensee’s operations under the licence;\nthe general licensee is affected by bankruptcy action;\nthe general licensee is affected by control action under the Corporations Act ;\na mortgagee is in possession of premises owned by the general licensee and used for general gaming under the licence.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a proposed licensee is a suitable person to hold the licence.\nFor forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a business or executive associate of a proposed licensee is a suitable person to be associated with the licensee’s proposed operations under the licence.\nFor subsection (1) (h) , a licensee is affected by bankruptcy action if the licensee—\nis bankrupt; or\nhas compounded with creditors; or\nhas otherwise taken, or applied to take, advantage of any law about bankruptcy.\nFor subsection (1) (i) , a licensee is affected by control action under the Corporations Act if the licensee—\nhas executed a deed of company arrangement under that Act; or\nis the subject of a winding-up, whether voluntarily or under a court order, under that Act; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\ns 58 amd 2001 No. 45 s 29 sch 3\n(sec.58-ssec.1) Each of the following is a ground for suspending or cancelling a general licence— the general licensee is not a suitable person to hold the licence, or, if the licensee is an unincorporated association, each management member of the association is not a suitable person to hold the licence if the member were the licensee; for a general licence other than a special category 3 gaming licence—a business or executive associate of the general licensee is not a suitable person to be associated with the licensee’s operations under the licence; the general licensee is convicted of an offence against this Act or a gaming Act; the general licensee is convicted of an indictable offence; the general licensee fails to comply with a condition of the licence; the general licensee fails to comply with a direction given by the chief executive about the licensee’s management practices or conduct of general gaming; the general licensee fails to discharge the licensee’s financial commitments for the licensee’s operations under the licence; the general licensee is affected by bankruptcy action; the general licensee is affected by control action under the Corporations Act ; a mortgagee is in possession of premises owned by the general licensee and used for general gaming under the licence.\n(sec.58-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a proposed licensee is a suitable person to hold the licence.\n(sec.58-ssec.3) For forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a business or executive associate of a proposed licensee is a suitable person to be associated with the licensee’s proposed operations under the licence.\n(sec.58-ssec.4) For subsection (1) (h) , a licensee is affected by bankruptcy action if the licensee— is bankrupt; or has compounded with creditors; or has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n(sec.58-ssec.5) For subsection (1) (i) , a licensee is affected by control action under the Corporations Act if the licensee— has executed a deed of company arrangement under that Act; or is the subject of a winding-up, whether voluntarily or under a court order, under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\n- (a) the general licensee is not a suitable person to hold the licence, or, if the licensee is an unincorporated association, each management member of the association is not a suitable person to hold the licence if the member were the licensee;\n- (b) for a general licence other than a special category 3 gaming licence—a business or executive associate of the general licensee is not a suitable person to be associated with the licensee’s operations under the licence;\n- (c) the general licensee is convicted of an offence against this Act or a gaming Act;\n- (d) the general licensee is convicted of an indictable offence;\n- (e) the general licensee fails to comply with a condition of the licence;\n- (f) the general licensee fails to comply with a direction given by the chief executive about the licensee’s management practices or conduct of general gaming;\n- (g) the general licensee fails to discharge the licensee’s financial commitments for the licensee’s operations under the licence;\n- (h) the general licensee is affected by bankruptcy action;\n- (i) the general licensee is affected by control action under the Corporations Act ;\n- (j) a mortgagee is in possession of premises owned by the general licensee and used for general gaming under the licence.\n- (a) is bankrupt; or\n- (b) has compounded with creditors; or\n- (c) has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n- (a) has executed a deed of company arrangement under that Act; or\n- (b) is the subject of a winding-up, whether voluntarily or under a court order, under that Act; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.","sortOrder":77},{"sectionNumber":"sec.59","sectionType":"section","heading":"Show cause notice","content":"### sec.59 Show cause notice\n\nThis section applies if the chief executive believes—\na ground exists to suspend or cancel a general licence; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither the integrity of general gaming, or the public interest, may be affected in an adverse and material way.\nThe chief executive must give the licensee a notice (a show cause notice ) stating the following—\nthe action (the proposed action ) the chief executive proposes taking under this division;\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence, the proposed suspension period;\nthat the licensee may make, within a stated period (the show cause period ), written representations to show why the proposed action should not be taken.\nThe show cause period must be not less than 21 days after the show cause notice is given to the licensee.\n(sec.59-ssec.1) This section applies if the chief executive believes— a ground exists to suspend or cancel a general licence; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either the integrity of general gaming, or the public interest, may be affected in an adverse and material way.\n(sec.59-ssec.2) The chief executive must give the licensee a notice (a show cause notice ) stating the following— the action (the proposed action ) the chief executive proposes taking under this division; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence, the proposed suspension period; that the licensee may make, within a stated period (the show cause period ), written representations to show why the proposed action should not be taken.\n(sec.59-ssec.3) The show cause period must be not less than 21 days after the show cause notice is given to the licensee.\n- (a) a ground exists to suspend or cancel a general licence; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either the integrity of general gaming, or the public interest, may be affected in an adverse and material way.\n- (a) the action (the proposed action ) the chief executive proposes taking under this division;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence, the proposed suspension period;\n- (e) that the licensee may make, within a stated period (the show cause period ), written representations to show why the proposed action should not be taken.","sortOrder":78},{"sectionNumber":"sec.60","sectionType":"section","heading":"Copy of show cause notice to be given to interested persons","content":"### sec.60 Copy of show cause notice to be given to interested persons\n\nThe chief executive must immediately give a copy of the show cause notice to each person (an interested person ) the chief executive believes has an interest in the licence if the chief executive considers—\nthe person’s interest may be affected adversely by the suspension or cancellation of the licence; and\nit is otherwise appropriate in the circumstances to give the copy to the person.\nIn considering whether it is appropriate to give the copy to an interested person, the issues to which the chief executive may have regard include the following—\nthe nature of the interested person’s interest;\nwhether the licensee’s interest may be improperly prejudiced.\nAn interested person to whom the copy is given may make written representations about the notice to the chief executive in the show cause period.\n(sec.60-ssec.1) The chief executive must immediately give a copy of the show cause notice to each person (an interested person ) the chief executive believes has an interest in the licence if the chief executive considers— the person’s interest may be affected adversely by the suspension or cancellation of the licence; and it is otherwise appropriate in the circumstances to give the copy to the person.\n(sec.60-ssec.2) In considering whether it is appropriate to give the copy to an interested person, the issues to which the chief executive may have regard include the following— the nature of the interested person’s interest; whether the licensee’s interest may be improperly prejudiced.\n(sec.60-ssec.3) An interested person to whom the copy is given may make written representations about the notice to the chief executive in the show cause period.\n- (a) the person’s interest may be affected adversely by the suspension or cancellation of the licence; and\n- (b) it is otherwise appropriate in the circumstances to give the copy to the person.\n- (a) the nature of the interested person’s interest;\n- (b) whether the licensee’s interest may be improperly prejudiced.","sortOrder":79},{"sectionNumber":"sec.61","sectionType":"section","heading":"Consideration of representations","content":"### sec.61 Consideration of representations\n\nThe chief executive must consider all written representations (the accepted representations ) made during the show cause period by—\nthe licensee; or\nan interested person to whom a copy of the show cause notice is given.\n- (a) the licensee; or\n- (b) an interested person to whom a copy of the show cause notice is given.","sortOrder":80},{"sectionNumber":"sec.62","sectionType":"section","heading":"Immediate suspension","content":"### sec.62 Immediate suspension\n\nThe chief executive may suspend a general licence immediately if the chief executive reasonably believes—\na ground exists to suspend or cancel the licence; and\nthe circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure the integrity of general gaming, or the public interest, is not affected in an adverse and material way.\nThe suspension—\nmust be effected by notice (a suspension notice ) given to the licensee with a show cause notice; and\noperates immediately the suspension notice is given; and\ncontinues to operate until the show cause notice is finally dealt with.\n(sec.62-ssec.1) The chief executive may suspend a general licence immediately if the chief executive reasonably believes— a ground exists to suspend or cancel the licence; and the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure the integrity of general gaming, or the public interest, is not affected in an adverse and material way.\n(sec.62-ssec.2) The suspension— must be effected by notice (a suspension notice ) given to the licensee with a show cause notice; and operates immediately the suspension notice is given; and continues to operate until the show cause notice is finally dealt with.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure the integrity of general gaming, or the public interest, is not affected in an adverse and material way.\n- (a) must be effected by notice (a suspension notice ) given to the licensee with a show cause notice; and\n- (b) operates immediately the suspension notice is given; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":81},{"sectionNumber":"sec.63","sectionType":"section","heading":"Censuring general licensee","content":"### sec.63 Censuring general licensee\n\nThis section applies if the chief executive—\nbelieves a ground exists to suspend or cancel a general licence; but\ndoes not believe the giving of a show cause notice to the licensee is warranted.\nThis section also applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a licence; but\ndoes not believe suspension or cancellation of the licence is warranted.\nThe chief executive may, by notice given to the general licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.\n(sec.63-ssec.1) This section applies if the chief executive— believes a ground exists to suspend or cancel a general licence; but does not believe the giving of a show cause notice to the licensee is warranted.\n(sec.63-ssec.2) This section also applies if, after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a licence; but does not believe suspension or cancellation of the licence is warranted.\n(sec.63-ssec.3) The chief executive may, by notice given to the general licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.\n- (a) believes a ground exists to suspend or cancel a general licence; but\n- (b) does not believe the giving of a show cause notice to the licensee is warranted.\n- (a) still believes a ground exists to suspend or cancel a licence; but\n- (b) does not believe suspension or cancellation of the licence is warranted.","sortOrder":82},{"sectionNumber":"sec.64","sectionType":"section","heading":"Direction to rectify","content":"### sec.64 Direction to rectify\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a general licence; but\nconsiders a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the licensee an opportunity to rectify the matter.\nThe chief executive may, by notice given to the licensee, direct the licensee to rectify the matter within the period stated in the notice.\nThe period stated must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.64-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a general licence; but considers a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the licensee an opportunity to rectify the matter.\n(sec.64-ssec.2) The chief executive may, by notice given to the licensee, direct the licensee to rectify the matter within the period stated in the notice.\n(sec.64-ssec.3) The period stated must be reasonable, having regard to the nature of the matter to be rectified.\n- (a) still believes a ground exists to suspend or cancel a general licence; but\n- (b) considers a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the licensee an opportunity to rectify the matter.","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Other action by chief executive","content":"### sec.65 Other action by chief executive\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive still believes—\na ground exists to suspend or cancel a general licence; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither the integrity of general gaming, or the public interest, may be affected in an adverse and material way.\nThis section also applies if a general licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\nThe chief executive may—\nif the proposed action stated in the show cause notice was to suspend the licence for a stated period, suspend the licence for not longer than the stated period; or\nif the proposed action stated in the show cause notice was to cancel the licence—\nsuspend the licence for a period; or\ncancel the licence; or\nappoint an administrator to conduct the licensee’s operations under the licence.\nThe chief executive must immediately give the licensee an information notice about the decision.\nThe decision takes effect on the later of the following—\nthe day the notice is given to the licensee;\nthe day of effect stated in the notice.\n(sec.65-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive still believes— a ground exists to suspend or cancel a general licence; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either the integrity of general gaming, or the public interest, may be affected in an adverse and material way.\n(sec.65-ssec.2) This section also applies if a general licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\n(sec.65-ssec.3) The chief executive may— if the proposed action stated in the show cause notice was to suspend the licence for a stated period, suspend the licence for not longer than the stated period; or if the proposed action stated in the show cause notice was to cancel the licence— suspend the licence for a period; or cancel the licence; or appoint an administrator to conduct the licensee’s operations under the licence.\n(sec.65-ssec.4) The chief executive must immediately give the licensee an information notice about the decision.\n(sec.65-ssec.5) The decision takes effect on the later of the following— the day the notice is given to the licensee; the day of effect stated in the notice.\n- (a) a ground exists to suspend or cancel a general licence; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either the integrity of general gaming, or the public interest, may be affected in an adverse and material way.\n- (a) if the proposed action stated in the show cause notice was to suspend the licence for a stated period, suspend the licence for not longer than the stated period; or\n- (b) if the proposed action stated in the show cause notice was to cancel the licence— (i) suspend the licence for a period; or (ii) cancel the licence; or (iii) appoint an administrator to conduct the licensee’s operations under the licence.\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the licensee’s operations under the licence.\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the licensee’s operations under the licence.\n- (a) the day the notice is given to the licensee;\n- (b) the day of effect stated in the notice.","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Terms of appointment and role of administrator","content":"### sec.66 Terms of appointment and role of administrator\n\nThis section applies to an administrator appointed by the chief executive under section 65 (3) (b) (iii) to conduct operations under a general licence.\nThe administrator holds office on terms decided by the chief executive.\nThe administrator—\nhas full control of, and responsibility for, the licensee’s operations conducted under the licence; and\nsubject to any directions of the chief executive, must conduct the operations under this Act as if the administrator were the licensee.\nThe costs of and incidental to the administrator’s conduct and administration of the licensee’s operations under the licence are payable by the licensee.\nThis section and section 65 (3) (b) (iii) apply despite the Corporations Act .\ns 66 amd 2001 No. 45 s 29 sch s 2 – 3\n(sec.66-ssec.1) This section applies to an administrator appointed by the chief executive under section 65 (3) (b) (iii) to conduct operations under a general licence.\n(sec.66-ssec.2) The administrator holds office on terms decided by the chief executive.\n(sec.66-ssec.3) The administrator— has full control of, and responsibility for, the licensee’s operations conducted under the licence; and subject to any directions of the chief executive, must conduct the operations under this Act as if the administrator were the licensee.\n(sec.66-ssec.4) The costs of and incidental to the administrator’s conduct and administration of the licensee’s operations under the licence are payable by the licensee.\n(sec.66-ssec.5) This section and section 65 (3) (b) (iii) apply despite the Corporations Act .\n- (a) has full control of, and responsibility for, the licensee’s operations conducted under the licence; and\n- (b) subject to any directions of the chief executive, must conduct the operations under this Act as if the administrator were the licensee.","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.67 Cancellation or reduction of period of suspension\n\nIf a general licence is suspended, at any time the suspension is in force, the chief executive may, for any remaining period of the suspension—\ncancel the period; or\nreduce the period by a stated period.\nThe chief executive must immediately give notice of the decision to the licensee.\n(sec.67-ssec.1) If a general licence is suspended, at any time the suspension is in force, the chief executive may, for any remaining period of the suspension— cancel the period; or reduce the period by a stated period.\n(sec.67-ssec.2) The chief executive must immediately give notice of the decision to the licensee.\n- (a) cancel the period; or\n- (b) reduce the period by a stated period.","sortOrder":86},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Investigations of licensees and associates","content":"## Investigations of licensees and associates","sortOrder":87},{"sectionNumber":"sec.68","sectionType":"section","heading":"Audit program","content":"### sec.68 Audit program\n\nThe Minister may approve an audit program (an approved audit program ) for investigating general licensees or business or executive associates of general licensees.\nThe chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program.\nA person may be investigated under an approved audit program only once every year.\n(sec.68-ssec.1) The Minister may approve an audit program (an approved audit program ) for investigating general licensees or business or executive associates of general licensees.\n(sec.68-ssec.2) The chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program.\n(sec.68-ssec.3) A person may be investigated under an approved audit program only once every year.","sortOrder":88},{"sectionNumber":"sec.69","sectionType":"section","heading":"Investigations","content":"### sec.69 Investigations\n\nThe chief executive may investigate a general licensee to decide whether the licensee is a suitable person to hold the general licence or, if the licensee is an unincorporated association, each management member of the association is a suitable person to hold the licence if the member were the licensee.\nThe chief executive may investigate a business or executive associate of the licensee to decide whether the associate is a suitable person to be associated with the licensee’s operations under the licence.\nHowever, the chief executive may investigate the licensee or management member only if—\nthe chief executive reasonably suspects the licensee or management member is not a suitable person to hold the licence; or\nthe investigation is made under an approved audit program.\nAlso, the chief executive may investigate a business or executive associate of the licensee only if—\nthe chief executive reasonably suspects the associate is not a suitable person to be associated with the licensee’s operations under the licence; or\nthe investigation is made under an approved audit program; or\nthe associate—\nbecame a business or executive associate of the licensee after the licence was issued; and\nhas not been investigated previously under an approved audit program; or\nthe associate—\nwas a business or executive associate of the licensee when the licensee applied for the licence; and\nhas not been investigated under section 48 (2) .\ns 69 amd 2002 No. 43 s 25\n(sec.69-ssec.1) The chief executive may investigate a general licensee to decide whether the licensee is a suitable person to hold the general licence or, if the licensee is an unincorporated association, each management member of the association is a suitable person to hold the licence if the member were the licensee.\n(sec.69-ssec.2) The chief executive may investigate a business or executive associate of the licensee to decide whether the associate is a suitable person to be associated with the licensee’s operations under the licence.\n(sec.69-ssec.3) However, the chief executive may investigate the licensee or management member only if— the chief executive reasonably suspects the licensee or management member is not a suitable person to hold the licence; or the investigation is made under an approved audit program.\n(sec.69-ssec.4) Also, the chief executive may investigate a business or executive associate of the licensee only if— the chief executive reasonably suspects the associate is not a suitable person to be associated with the licensee’s operations under the licence; or the investigation is made under an approved audit program; or the associate— became a business or executive associate of the licensee after the licence was issued; and has not been investigated previously under an approved audit program; or the associate— was a business or executive associate of the licensee when the licensee applied for the licence; and has not been investigated under section 48 (2) .\n- (a) the chief executive reasonably suspects the licensee or management member is not a suitable person to hold the licence; or\n- (b) the investigation is made under an approved audit program.\n- (a) the chief executive reasonably suspects the associate is not a suitable person to be associated with the licensee’s operations under the licence; or\n- (b) the investigation is made under an approved audit program; or\n- (c) the associate— (i) became a business or executive associate of the licensee after the licence was issued; and (ii) has not been investigated previously under an approved audit program; or\n- (i) became a business or executive associate of the licensee after the licence was issued; and\n- (ii) has not been investigated previously under an approved audit program; or\n- (d) the associate— (i) was a business or executive associate of the licensee when the licensee applied for the licence; and (ii) has not been investigated under section 48 (2) .\n- (i) was a business or executive associate of the licensee when the licensee applied for the licence; and\n- (ii) has not been investigated under section 48 (2) .\n- (i) became a business or executive associate of the licensee after the licence was issued; and\n- (ii) has not been investigated previously under an approved audit program; or\n- (i) was a business or executive associate of the licensee when the licensee applied for the licence; and\n- (ii) has not been investigated under section 48 (2) .","sortOrder":89},{"sectionNumber":"sec.70","sectionType":"section","heading":"Requirement to give information or material for investigation","content":"### sec.70 Requirement to give information or material for investigation\n\nIn investigating a general licensee or business or executive associate of a general licensee, the chief executive may, by notice given to the person being investigated, require the person to give the chief executive information or material that is relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nThe person must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for the person not to comply with the requirement if complying with it might tend to incriminate the person.\n(sec.70-ssec.1) In investigating a general licensee or business or executive associate of a general licensee, the chief executive may, by notice given to the person being investigated, require the person to give the chief executive information or material that is relevant to the investigation.\n(sec.70-ssec.2) When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse for not complying with it.\n(sec.70-ssec.3) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—200 penalty units.\n(sec.70-ssec.4) It is a reasonable excuse for the person not to comply with the requirement if complying with it might tend to incriminate the person.","sortOrder":90},{"sectionNumber":"sec.71","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.71 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation about a person under section 69 , asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report must contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.71-ssec.1) If the chief executive, in making an investigation about a person under section 69 , asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.71-ssec.2) The report must contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":91},{"sectionNumber":"pt.5","sectionType":"part","heading":"Compliance requirements","content":"# Compliance requirements","sortOrder":92},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Rules","content":"## Rules","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"General gaming rules","content":"### sec.72 General gaming rules\n\nThe Minister may make rules about general gaming.\nThe Minister must notify the making of a rule on the department’s website.\nA rule takes effect—\non the day the making of the rule is notified on the department’s website; or\nif a later day is stated in the Minister’s notice or the rule—on that day.\nThe chief executive must make a copy of the rule available for public inspection on the department’s website.\ns 72 amd 2009 No. 41 s 16 ; 2022 No. 23 s 37\n(sec.72-ssec.1) The Minister may make rules about general gaming.\n(sec.72-ssec.2) The Minister must notify the making of a rule on the department’s website.\n(sec.72-ssec.3) A rule takes effect— on the day the making of the rule is notified on the department’s website; or if a later day is stated in the Minister’s notice or the rule—on that day.\n(sec.72-ssec.4) The chief executive must make a copy of the rule available for public inspection on the department’s website.\n- (a) on the day the making of the rule is notified on the department’s website; or\n- (b) if a later day is stated in the Minister’s notice or the rule—on that day.","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Compliance with rules","content":"### sec.73 Compliance with rules\n\nEach of the following persons must comply with the rules in conducting or participating in a game—\nthe person, including an administrator, conducting the game;\na player.\nMaximum penalty—40 penalty units.\n- (a) the person, including an administrator, conducting the game;\n- (b) a player.","sortOrder":95},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"General gaming records","content":"## General gaming records","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"Keeping general gaming records—category 2 or 3 games","content":"### sec.74 Keeping general gaming records—category 2 or 3 games\n\nA person conducting a category 2 or 3 game must keep records ( general gaming records ) about conduct of the game.\nMaximum penalty—20 penalty units.\nThe person must keep the records at one of the following places—\nthe person’s principal place of business in Queensland;\nif the person is a corporation whose registered office, under the Corporations Act , is in Queensland—its registered office;\nanother place approved by the chief executive.\nMaximum penalty—40 penalty units.\ns 74 amd 2004 No. 21 s 24\n(sec.74-ssec.1) A person conducting a category 2 or 3 game must keep records ( general gaming records ) about conduct of the game. Maximum penalty—20 penalty units.\n(sec.74-ssec.2) The person must keep the records at one of the following places— the person’s principal place of business in Queensland; if the person is a corporation whose registered office, under the Corporations Act , is in Queensland—its registered office; another place approved by the chief executive. Maximum penalty—40 penalty units.\n- (a) the person’s principal place of business in Queensland;\n- (b) if the person is a corporation whose registered office, under the Corporations Act , is in Queensland—its registered office;\n- (c) another place approved by the chief executive.","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":"Keeping general gaming records—bingo centre licensees","content":"### sec.75 Keeping general gaming records—bingo centre licensees\n\nThe holder of a bingo centre licence must keep records (also general gaming records ) about the conduct of each bingo game conducted at the centre.\nThe holder must keep the records in a safe place.\nMaximum penalty—20 penalty units.\n(sec.75-ssec.1) The holder of a bingo centre licence must keep records (also general gaming records ) about the conduct of each bingo game conducted at the centre.\n(sec.75-ssec.2) The holder must keep the records in a safe place. Maximum penalty—20 penalty units.","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":"Keeping general gaming records—lucky envelope printers","content":"### sec.76 Keeping general gaming records—lucky envelope printers\n\nThe holder of a lucky envelope printer licence must, for each game of lucky envelopes printed under the licence, keep records (also general gaming records ) about the conduct of the activity authorised by the licence.\nThe holder must keep the records in a safe place.\nMaximum penalty—20 penalty units.\n(sec.76-ssec.1) The holder of a lucky envelope printer licence must, for each game of lucky envelopes printed under the licence, keep records (also general gaming records ) about the conduct of the activity authorised by the licence.\n(sec.76-ssec.2) The holder must keep the records in a safe place. Maximum penalty—20 penalty units.","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Period for which general gaming records to be kept","content":"### sec.77 Period for which general gaming records to be kept\n\nA person required to keep general gaming records must keep the records for 5 years after the end of the game to which the records relate.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to records if—\nthe information previously contained in the records is kept in another way approved by the chief executive; or\nthe records have been destroyed with the chief executive’s approval.\nSubsection (1) has effect subject to any other law about the retention or destruction of records.\ns 77 amd 2008 No. 2 s 16\n(sec.77-ssec.1) A person required to keep general gaming records must keep the records for 5 years after the end of the game to which the records relate. Maximum penalty—40 penalty units.\n(sec.77-ssec.2) Subsection (1) does not apply to records if— the information previously contained in the records is kept in another way approved by the chief executive; or the records have been destroyed with the chief executive’s approval.\n(sec.77-ssec.3) Subsection (1) has effect subject to any other law about the retention or destruction of records.\n- (a) the information previously contained in the records is kept in another way approved by the chief executive; or\n- (b) the records have been destroyed with the chief executive’s approval.","sortOrder":100},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Financial accounts and records","content":"## Financial accounts and records","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Keeping accounting records","content":"### sec.78 Keeping accounting records\n\nA person conducting a category 2 or 3 game must—\nkeep accounting records correctly recording and explaining the financial transactions for the game; and\nkeep the accounting records in a way that allows—\ntrue and fair financial statements and accounts to be prepared when necessary; and\nthe financial statements and accounts to be conveniently and properly audited.\nMaximum penalty—100 penalty units.\nA person conducting a category 1 game must keep accounting records correctly recording and explaining the transactions for the game.\nMaximum penalty—20 penalty units.\nA person required to keep general gaming records must also keep (in addition to other records the person is required to keep) accounting records required under a regulation.\nMaximum penalty for subsection (3) —20 penalty units.\ns 78 amd 2000 No. 51 s 17\n(sec.78-ssec.1) A person conducting a category 2 or 3 game must— keep accounting records correctly recording and explaining the financial transactions for the game; and keep the accounting records in a way that allows— true and fair financial statements and accounts to be prepared when necessary; and the financial statements and accounts to be conveniently and properly audited. Maximum penalty—100 penalty units.\n(sec.78-ssec.2) A person conducting a category 1 game must keep accounting records correctly recording and explaining the transactions for the game. Maximum penalty—20 penalty units.\n(sec.78-ssec.3) A person required to keep general gaming records must also keep (in addition to other records the person is required to keep) accounting records required under a regulation. Maximum penalty for subsection (3) —20 penalty units.\n- (a) keep accounting records correctly recording and explaining the financial transactions for the game; and\n- (b) keep the accounting records in a way that allows— (i) true and fair financial statements and accounts to be prepared when necessary; and (ii) the financial statements and accounts to be conveniently and properly audited.\n- (i) true and fair financial statements and accounts to be prepared when necessary; and\n- (ii) the financial statements and accounts to be conveniently and properly audited.\n- (i) true and fair financial statements and accounts to be prepared when necessary; and\n- (ii) the financial statements and accounts to be conveniently and properly audited.","sortOrder":102},{"sectionNumber":"sec.79","sectionType":"section","heading":"Preparing financial statements and accounts","content":"### sec.79 Preparing financial statements and accounts\n\nThis section applies to the holder of a category 3 gaming licence.\nThe holder must prepare financial statements and accounts as required by this section giving a true and fair view of the holder’s financial operations for the game.\nMaximum penalty—40 penalty units.\nThe financial statements and accounts must include the following for each financial year the holder conducts the game—\ntrading accounts, if applicable;\nprofit and loss accounts;\na balance sheet as at the end of the financial year;\nother information prescribed under a regulation.\n(sec.79-ssec.1) This section applies to the holder of a category 3 gaming licence.\n(sec.79-ssec.2) The holder must prepare financial statements and accounts as required by this section giving a true and fair view of the holder’s financial operations for the game. Maximum penalty—40 penalty units.\n(sec.79-ssec.3) The financial statements and accounts must include the following for each financial year the holder conducts the game— trading accounts, if applicable; profit and loss accounts; a balance sheet as at the end of the financial year; other information prescribed under a regulation.\n- (a) trading accounts, if applicable;\n- (b) profit and loss accounts;\n- (c) a balance sheet as at the end of the financial year;\n- (d) other information prescribed under a regulation.","sortOrder":103},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Financial institution accounts","content":"## Financial institution accounts","sortOrder":104},{"sectionNumber":"sec.80","sectionType":"section","heading":"Keeping accounts","content":"### sec.80 Keeping accounts\n\nA person conducting a category 3 game must keep a financial institution account for use for banking or similar transactions for the person’s general gaming operations.\nMaximum penalty—40 penalty units.","sortOrder":105},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Reports and returns","content":"## Reports and returns","sortOrder":106},{"sectionNumber":"sec.81","sectionType":"section","heading":"Submitting reports for category 3 games","content":"### sec.81 Submitting reports for category 3 games\n\nA person conducting a category 3 game must give a written report to the chief executive as required by this section about the person’s general gaming operations.\nMaximum penalty—40 penalty units.\nThe report must be given at the reasonable times stated in a notice given to the person by the chief executive.\nAfter receiving a report under this section, the chief executive may, by a further notice given to the person, require the person to give the chief executive a further report within the reasonable time stated in the further notice to explain a matter contained in a previous report.\nThe person must not give the chief executive a report the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (4) to state that the report was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.81-ssec.1) A person conducting a category 3 game must give a written report to the chief executive as required by this section about the person’s general gaming operations. Maximum penalty—40 penalty units.\n(sec.81-ssec.2) The report must be given at the reasonable times stated in a notice given to the person by the chief executive.\n(sec.81-ssec.3) After receiving a report under this section, the chief executive may, by a further notice given to the person, require the person to give the chief executive a further report within the reasonable time stated in the further notice to explain a matter contained in a previous report.\n(sec.81-ssec.4) The person must not give the chief executive a report the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.81-ssec.5) It is enough for a complaint against a person for an offence against subsection (4) to state that the report was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Submitting returns for category 3 games","content":"### sec.82 Submitting returns for category 3 games\n\nA person conducting a category 3 game must give the chief executive the return, as required by this section, about each draw in the game.\nMaximum penalty—40 penalty units.\nThe person must give the return, in the approved form—\nif the game is conducted under a special category 3 gaming licence—within 2 months after the last draw in the game; or\notherwise—within the time, after the last draw, required by the chief executive by notice given to the person.\n(sec.82-ssec.1) A person conducting a category 3 game must give the chief executive the return, as required by this section, about each draw in the game. Maximum penalty—40 penalty units.\n(sec.82-ssec.2) The person must give the return, in the approved form— if the game is conducted under a special category 3 gaming licence—within 2 months after the last draw in the game; or otherwise—within the time, after the last draw, required by the chief executive by notice given to the person.\n- (a) if the game is conducted under a special category 3 gaming licence—within 2 months after the last draw in the game; or\n- (b) otherwise—within the time, after the last draw, required by the chief executive by notice given to the person.","sortOrder":108},{"sectionNumber":"sec.83","sectionType":"section","heading":"Submitting returns for other games","content":"### sec.83 Submitting returns for other games\n\nThis section applies if the chief executive, by notice given to a person conducting a category 1, 2 or 4 game, asks the person to give the chief executive a return about the game or, for bingo, the bingo session.\nThe person must give the return, in the approved form, within the time stated in the notice.\nMaximum penalty—40 penalty units.\n(sec.83-ssec.1) This section applies if the chief executive, by notice given to a person conducting a category 1, 2 or 4 game, asks the person to give the chief executive a return about the game or, for bingo, the bingo session.\n(sec.83-ssec.2) The person must give the return, in the approved form, within the time stated in the notice. Maximum penalty—40 penalty units.","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2014 No. 30 s 17","sortOrder":110},{"sectionNumber":"sec.84A","sectionType":"section","heading":"False or misleading returns","content":"### sec.84A False or misleading returns\n\nA person must not give the chief executive a return, under section 82 or 83 , the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the return was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 84A ins 2008 No. 2 s 17\namd 2014 No. 30 s 18\n(sec.84A-ssec.1) A person must not give the chief executive a return, under section 82 or 83 , the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.84A-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the return was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":111},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Audit","content":"## Audit","sortOrder":112},{"sectionNumber":"sec.85","sectionType":"section","heading":"Definition for div 6","content":"### sec.85 Definition for div 6\n\nIn this division—\naccountant means—\na member of the Institute of Chartered Accountants in Australia who holds a current certificate of public practice issued by the institute; or\na member of CPA Australia who holds a current public practice certificate issued by CPA Australia; or\na person registered as an auditor under the Corporations Act; or\na member of the Institute of Public Accountants who holds a current public practice certificate issued by the institute; or\na person approved by the chief executive as having the necessary experience or qualifications to be an accountant for this section.\ns 85 def accountant amd 2001 No. 45 s 29 sch 3 ; 2006 No. 9 s 10 ; 2013 No. 39 s 43 sch 1\n- (a) a member of the Institute of Chartered Accountants in Australia who holds a current certificate of public practice issued by the institute; or\n- (b) a member of CPA Australia who holds a current public practice certificate issued by CPA Australia; or\n- (c) a person registered as an auditor under the Corporations Act; or\n- (d) a member of the Institute of Public Accountants who holds a current public practice certificate issued by the institute; or\n- (e) a person approved by the chief executive as having the necessary experience or qualifications to be an accountant for this section.","sortOrder":113},{"sectionNumber":"sec.86","sectionType":"section","heading":"Audit for category 1 or 4 gaming operations","content":"### sec.86 Audit for category 1 or 4 gaming operations\n\nThis section applies if—\na person is conducting category 1 or 4 gaming; and\nthe chief executive considers it necessary in the public interest, or for the proper conduct of general gaming, that the person’s financial accounts, records and statements for the person’s category 1 or 4 gaming operations be audited.\nThe chief executive may, by notice given to the person, require the person, as soon as practicable after the end of the financial year nominated in the notice, to ensure the accounts, records and statements are audited by an accountant.\nThe person must comply with the notice unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nThe person must pay the cost of the audit.\n(sec.86-ssec.1) This section applies if— a person is conducting category 1 or 4 gaming; and the chief executive considers it necessary in the public interest, or for the proper conduct of general gaming, that the person’s financial accounts, records and statements for the person’s category 1 or 4 gaming operations be audited.\n(sec.86-ssec.2) The chief executive may, by notice given to the person, require the person, as soon as practicable after the end of the financial year nominated in the notice, to ensure the accounts, records and statements are audited by an accountant.\n(sec.86-ssec.3) The person must comply with the notice unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.86-ssec.4) The person must pay the cost of the audit.\n- (a) a person is conducting category 1 or 4 gaming; and\n- (b) the chief executive considers it necessary in the public interest, or for the proper conduct of general gaming, that the person’s financial accounts, records and statements for the person’s category 1 or 4 gaming operations be audited.","sortOrder":114},{"sectionNumber":"sec.87","sectionType":"section","heading":"Audit for category 2 or 3 gaming operations","content":"### sec.87 Audit for category 2 or 3 gaming operations\n\nThis section applies to a person conducting—\na category 2 game if the gross proceeds of the game are more than the amount prescribed under a regulation; or\na category 3 game.\nThe person must, as soon as practicable after the end of each financial year in which the person conducts the game, ensure the person’s financial accounts, records and statements for the person’s general gaming operations for the game are audited by an accountant.\nMaximum penalty—40 penalty units.\nThe person must pay the cost of the audit.\n(sec.87-ssec.1) This section applies to a person conducting— a category 2 game if the gross proceeds of the game are more than the amount prescribed under a regulation; or a category 3 game.\n(sec.87-ssec.2) The person must, as soon as practicable after the end of each financial year in which the person conducts the game, ensure the person’s financial accounts, records and statements for the person’s general gaming operations for the game are audited by an accountant. Maximum penalty—40 penalty units.\n(sec.87-ssec.3) The person must pay the cost of the audit.\n- (a) a category 2 game if the gross proceeds of the game are more than the amount prescribed under a regulation; or\n- (b) a category 3 game.","sortOrder":115},{"sectionNumber":"sec.88","sectionType":"section","heading":"Audit—bingo centre licensees","content":"### sec.88 Audit—bingo centre licensees\n\nThe holder of a bingo centre licence must, as soon as practicable after the end of each financial year, ensure the holder’s financial accounts, records and statements for the holder’s operations under the licence are audited by an accountant.\nMaximum penalty—40 penalty units.\nThe holder must pay the cost of the audit.\n(sec.88-ssec.1) The holder of a bingo centre licence must, as soon as practicable after the end of each financial year, ensure the holder’s financial accounts, records and statements for the holder’s operations under the licence are audited by an accountant. Maximum penalty—40 penalty units.\n(sec.88-ssec.2) The holder must pay the cost of the audit.","sortOrder":116},{"sectionNumber":"sec.89","sectionType":"section","heading":"Audit—lucky envelope printers","content":"### sec.89 Audit—lucky envelope printers\n\nThe holder of a lucky envelope printer licence must ensure the financial accounts, records and statements for the holder’s operations under the licence are audited—\nby an accountant; and\nas soon as practicable after the end of each financial year.\nMaximum penalty—40 penalty units.\nThe holder must pay the cost of the audit.\n(sec.89-ssec.1) The holder of a lucky envelope printer licence must ensure the financial accounts, records and statements for the holder’s operations under the licence are audited— by an accountant; and as soon as practicable after the end of each financial year. Maximum penalty—40 penalty units.\n(sec.89-ssec.2) The holder must pay the cost of the audit.\n- (a) by an accountant; and\n- (b) as soon as practicable after the end of each financial year.","sortOrder":117},{"sectionNumber":"sec.90","sectionType":"section","heading":"Finishing audit","content":"### sec.90 Finishing audit\n\nAn accountant conducting an audit under this division must, despite any other Act, finish the audit within 3 months after the end of the financial year to which the audit relates, unless the accountant has a reasonable excuse for not finishing the audit within the 3 months.\nThe accountant must, immediately after finishing the audit, give a copy of the audit report to—\nthe person conducting the general gaming to which the report relates; or\nfor an audit conducted under section 88 or 89 —the holder of the licence.\nMaximum penalty—40 penalty units.\n(sec.90-ssec.1) An accountant conducting an audit under this division must, despite any other Act, finish the audit within 3 months after the end of the financial year to which the audit relates, unless the accountant has a reasonable excuse for not finishing the audit within the 3 months.\n(sec.90-ssec.2) The accountant must, immediately after finishing the audit, give a copy of the audit report to— the person conducting the general gaming to which the report relates; or for an audit conducted under section 88 or 89 —the holder of the licence. Maximum penalty—40 penalty units.\n- (a) the person conducting the general gaming to which the report relates; or\n- (b) for an audit conducted under section 88 or 89 —the holder of the licence.","sortOrder":118},{"sectionNumber":"sec.91","sectionType":"section","heading":"Giving audit report to chief executive","content":"### sec.91 Giving audit report to chief executive\n\nThe person given an audit report under section 90 (2) must immediately give the chief executive a copy of the report, unless the person has a reasonable excuse for not giving the copy to the chief executive.\nMaximum penalty—40 penalty units.","sortOrder":119},{"sectionNumber":"sec.92","sectionType":"section","heading":"Chief executive’s power to ask auditor for copy of audit report","content":"### sec.92 Chief executive’s power to ask auditor for copy of audit report\n\nThis section applies if the person fails to give the chief executive a copy of an audit report under section 91 .\nThe chief executive may, by notice given to the accountant who prepared the report, ask the accountant to give a copy of the report to the chief executive within the period stated in the notice.\nThe accountant must comply with the notice, unless the accountant has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\n(sec.92-ssec.1) This section applies if the person fails to give the chief executive a copy of an audit report under section 91 .\n(sec.92-ssec.2) The chief executive may, by notice given to the accountant who prepared the report, ask the accountant to give a copy of the report to the chief executive within the period stated in the notice.\n(sec.92-ssec.3) The accountant must comply with the notice, unless the accountant has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.","sortOrder":120},{"sectionNumber":"sec.93","sectionType":"section","heading":"Further information following audit","content":"### sec.93 Further information following audit\n\nOn receiving a copy of an audit report, the chief executive may, by notice given to the person to which the audit relates, require the person to give the chief executive, within a reasonable time stated in the notice, further information about a matter relating to the operations mentioned in the report.\nThe person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse for not complying with it in the stated time.\nMaximum penalty—40 penalty units.\n(sec.93-ssec.1) On receiving a copy of an audit report, the chief executive may, by notice given to the person to which the audit relates, require the person to give the chief executive, within a reasonable time stated in the notice, further information about a matter relating to the operations mentioned in the report.\n(sec.93-ssec.2) The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse for not complying with it in the stated time. Maximum penalty—40 penalty units.","sortOrder":121},{"sectionNumber":"sec.94","sectionType":"section","heading":"Exemption from audit requirement","content":"### sec.94 Exemption from audit requirement\n\nA person may, because of the extent of the person’s general gaming operations, ask the chief executive to declare the person to be an exempt person for this division.\nThe application must be written and must state the extent of the operations.\nThe chief executive may make the declaration only if the chief executive considers the extent of the person’s general gaming operations does not warrant an audit of any of the person’s records about the operations.\nThe person’s gaming operations had no gross proceeds.\nThe game conducted by the person did not proceed to a draw and all the gross proceeds were refunded to the players.\nThe declaration must be made by notice given to the person.\n(sec.94-ssec.1) A person may, because of the extent of the person’s general gaming operations, ask the chief executive to declare the person to be an exempt person for this division.\n(sec.94-ssec.2) The application must be written and must state the extent of the operations.\n(sec.94-ssec.3) The chief executive may make the declaration only if the chief executive considers the extent of the person’s general gaming operations does not warrant an audit of any of the person’s records about the operations. The person’s gaming operations had no gross proceeds. The game conducted by the person did not proceed to a draw and all the gross proceeds were refunded to the players.\n(sec.94-ssec.4) The declaration must be made by notice given to the person.\n- 1 The person’s gaming operations had no gross proceeds.\n- 2 The game conducted by the person did not proceed to a draw and all the gross proceeds were refunded to the players.","sortOrder":122},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Prizes","content":"## Prizes","sortOrder":123},{"sectionNumber":"sec.95","sectionType":"section","heading":"Dealing with prizes","content":"### sec.95 Dealing with prizes\n\nA person conducting a game must ensure the prize for the game is given to the winner in the way prescribed under a rule, unless the person has a reasonable excuse for not doing so.\nMaximum penalty—200 penalty units.\nUntil the prize is given to the winner, the person must—\nkeep it for the winner for the period prescribed under a rule; and\nidentify the prize as an unclaimed prize in the person’s financial accounts.\nDespite subsection (2) , if a prize is perishable, the person may dispose of the prize in a way the person considers will bring a reasonable price and identify the proceeds, in the person’s financial accounts, as the proceeds of an unclaimed prize.\nIf the person is unable, after making reasonable efforts, to locate the prize winner in the period mentioned in subsection (2) (a) , the person may deal with the prize in the way prescribed under a rule.\nSubsection (6) applies if a person conducting a category 2, 3 or 4 game is unable to give a prize for the game to the prize winner in the time prescribed under a rule.\nThe person must, within 7 days after becoming aware of the inability, give the chief executive notice of the fact and circumstances of the inability, unless the person has a reasonable excuse for not doing so.\nMaximum penalty—40 penalty units.\n(sec.95-ssec.1) A person conducting a game must ensure the prize for the game is given to the winner in the way prescribed under a rule, unless the person has a reasonable excuse for not doing so. Maximum penalty—200 penalty units.\n(sec.95-ssec.2) Until the prize is given to the winner, the person must— keep it for the winner for the period prescribed under a rule; and identify the prize as an unclaimed prize in the person’s financial accounts.\n(sec.95-ssec.3) Despite subsection (2) , if a prize is perishable, the person may dispose of the prize in a way the person considers will bring a reasonable price and identify the proceeds, in the person’s financial accounts, as the proceeds of an unclaimed prize.\n(sec.95-ssec.4) If the person is unable, after making reasonable efforts, to locate the prize winner in the period mentioned in subsection (2) (a) , the person may deal with the prize in the way prescribed under a rule.\n(sec.95-ssec.5) Subsection (6) applies if a person conducting a category 2, 3 or 4 game is unable to give a prize for the game to the prize winner in the time prescribed under a rule.\n(sec.95-ssec.6) The person must, within 7 days after becoming aware of the inability, give the chief executive notice of the fact and circumstances of the inability, unless the person has a reasonable excuse for not doing so. Maximum penalty—40 penalty units.\n- (a) keep it for the winner for the period prescribed under a rule; and\n- (b) identify the prize as an unclaimed prize in the person’s financial accounts.","sortOrder":124},{"sectionNumber":"sec.96","sectionType":"section","heading":"Claims for prizes","content":"### sec.96 Claims for prizes\n\nThis section applies if the entitlement to a prize for a game is in dispute.\nA claim for the prize must be made to the person that conducted the game within the period prescribed under a rule.\nThe person must—\nimmediately try to resolve the claim; and\nif the person is not able to resolve it—by notice (a claim result notice ) given to the claimant, immediately inform the claimant—\nof the person’s decision on the claim; and\nthat the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\nThe claimant may ask the chief executive—\nif the claim is not resolved under subsection (3) —to review the person’s decision on the claim; or\notherwise—to resolve the claim.\nThe claimant’s request must be in writing and, if the claimant received a claim result notice, be made within 10 days after receiving the notice.\nIf a request is made to the chief executive, the chief executive—\nmust deal with the request in the way prescribed under a regulation; and\nmay carry out investigations the chief executive considers necessary to resolve matters in dispute.\nIf a claim for a prize is made under this section, the operation of a rule about keeping or disposing of the prize is suspended until the claim is resolved.\n(sec.96-ssec.1) This section applies if the entitlement to a prize for a game is in dispute.\n(sec.96-ssec.2) A claim for the prize must be made to the person that conducted the game within the period prescribed under a rule.\n(sec.96-ssec.3) The person must— immediately try to resolve the claim; and if the person is not able to resolve it—by notice (a claim result notice ) given to the claimant, immediately inform the claimant— of the person’s decision on the claim; and that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\n(sec.96-ssec.4) The claimant may ask the chief executive— if the claim is not resolved under subsection (3) —to review the person’s decision on the claim; or otherwise—to resolve the claim.\n(sec.96-ssec.5) The claimant’s request must be in writing and, if the claimant received a claim result notice, be made within 10 days after receiving the notice.\n(sec.96-ssec.6) If a request is made to the chief executive, the chief executive— must deal with the request in the way prescribed under a regulation; and may carry out investigations the chief executive considers necessary to resolve matters in dispute.\n(sec.96-ssec.7) If a claim for a prize is made under this section, the operation of a rule about keeping or disposing of the prize is suspended until the claim is resolved.\n- (a) immediately try to resolve the claim; and\n- (b) if the person is not able to resolve it—by notice (a claim result notice ) given to the claimant, immediately inform the claimant— (i) of the person’s decision on the claim; and (ii) that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\n- (i) of the person’s decision on the claim; and\n- (ii) that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\n- (i) of the person’s decision on the claim; and\n- (ii) that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\n- (a) if the claim is not resolved under subsection (3) —to review the person’s decision on the claim; or\n- (b) otherwise—to resolve the claim.\n- (a) must deal with the request in the way prescribed under a regulation; and\n- (b) may carry out investigations the chief executive considers necessary to resolve matters in dispute.","sortOrder":125},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Tickets","content":"## Tickets","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":"Tickets","content":"### sec.97 Tickets\n\nA person must not issue a ticket for a game unless the ticket includes the information prescribed under a rule.\nMaximum penalty—40 penalty units.","sortOrder":127},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Approval of regulated general gaming equipment","content":"## Approval of regulated general gaming equipment","sortOrder":128},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application for approval of regulated general gaming equipment","content":"### sec.98 Application for approval of regulated general gaming equipment\n\nA person may, in the approved form, apply to the chief executive for—\napproval of regulated general gaming equipment proposed to be used in conducting a game; or\napproval to modify regulated general gaming equipment used in conducting a game.\ns 98 amd 2000 No. 51 s 18\n- (a) approval of regulated general gaming equipment proposed to be used in conducting a game; or\n- (b) approval to modify regulated general gaming equipment used in conducting a game.","sortOrder":129},{"sectionNumber":"sec.99","sectionType":"section","heading":"Evaluating equipment","content":"### sec.99 Evaluating equipment\n\nIf, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must—\ncarry out the evaluation; or\ndirect the applicant—\nto arrange to have the equipment evaluated by an approved evaluator; and\nto give the chief executive a written report of the evaluation.\nIf the chief executive carries out an evaluation of the equipment—\nthe applicant must pay the fee prescribed under a regulation for the evaluation to the chief executive; and\nif an amount of the fee is not paid by the applicant, the State may recover the amount from the applicant as a debt.\ns 99 sub 1999 No. 77 s 165\n(sec.99-ssec.1) If, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must— carry out the evaluation; or direct the applicant— to arrange to have the equipment evaluated by an approved evaluator; and to give the chief executive a written report of the evaluation.\n(sec.99-ssec.2) If the chief executive carries out an evaluation of the equipment— the applicant must pay the fee prescribed under a regulation for the evaluation to the chief executive; and if an amount of the fee is not paid by the applicant, the State may recover the amount from the applicant as a debt.\n- (a) carry out the evaluation; or\n- (b) direct the applicant— (i) to arrange to have the equipment evaluated by an approved evaluator; and (ii) to give the chief executive a written report of the evaluation.\n- (i) to arrange to have the equipment evaluated by an approved evaluator; and\n- (ii) to give the chief executive a written report of the evaluation.\n- (i) to arrange to have the equipment evaluated by an approved evaluator; and\n- (ii) to give the chief executive a written report of the evaluation.\n- (a) the applicant must pay the fee prescribed under a regulation for the evaluation to the chief executive; and\n- (b) if an amount of the fee is not paid by the applicant, the State may recover the amount from the applicant as a debt.","sortOrder":130},{"sectionNumber":"sec.100","sectionType":"section","heading":"Deciding application","content":"### sec.100 Deciding application\n\nAfter considering the application, the chief executive must decide to—\napprove the equipment or modification; or\napprove the equipment or modification with conditions; or\nrefuse to approve the equipment or modification.\nThe chief executive may approve the equipment or modification only if the chief executive is satisfied—\nthe equipment is, or after the proposed modification, will be, of a standard that ensures, to the greatest extent reasonably possible—\nthe integrity of the game for which it is, or is proposed to be, used; and\nthe elimination of opportunity for practices that could damage public confidence and trust in participating in games as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes; and\nfor approval for a lucky envelope vending machine or a lucky envelope vending machine after a proposed modification—\nits make and model incorporate the features prescribed under a regulation to ensure the machine’s integrity; and\nit is not capable of accruing playing credits; and\nit does not resemble, or is not capable of being converted to, a gaming machine under the Gaming Machine Act 1991 .\nThe chief executive may refuse to approve the equipment or modification if—\nthe fee payable for an evaluation carried out by the chief executive is not paid; or\nthe applicant fails to comply with a direction of the chief executive under section 99 (1) (b) .\nWhen the chief executive makes a decision under subsection (1) , the chief executive must—\nfor a decision to approve equipment or a modification—immediately give the applicant written notice of the decision; or\nfor a decision to approve equipment or a modification with conditions—immediately give the applicant an information notice for the decision; or\nfor a decision to refuse to approve equipment or a modification—immediately give the applicant an information notice for the decision.\ns 100 amd 1999 No. 77 s 166 ; 2022 No. 23 s 38\n(sec.100-ssec.1) After considering the application, the chief executive must decide to— approve the equipment or modification; or approve the equipment or modification with conditions; or refuse to approve the equipment or modification.\n(sec.100-ssec.2) The chief executive may approve the equipment or modification only if the chief executive is satisfied— the equipment is, or after the proposed modification, will be, of a standard that ensures, to the greatest extent reasonably possible— the integrity of the game for which it is, or is proposed to be, used; and the elimination of opportunity for practices that could damage public confidence and trust in participating in games as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes; and for approval for a lucky envelope vending machine or a lucky envelope vending machine after a proposed modification— its make and model incorporate the features prescribed under a regulation to ensure the machine’s integrity; and it is not capable of accruing playing credits; and it does not resemble, or is not capable of being converted to, a gaming machine under the Gaming Machine Act 1991 .\n(sec.100-ssec.3) The chief executive may refuse to approve the equipment or modification if— the fee payable for an evaluation carried out by the chief executive is not paid; or the applicant fails to comply with a direction of the chief executive under section 99 (1) (b) .\n(sec.100-ssec.4) When the chief executive makes a decision under subsection (1) , the chief executive must— for a decision to approve equipment or a modification—immediately give the applicant written notice of the decision; or for a decision to approve equipment or a modification with conditions—immediately give the applicant an information notice for the decision; or for a decision to refuse to approve equipment or a modification—immediately give the applicant an information notice for the decision.\n- (a) approve the equipment or modification; or\n- (b) approve the equipment or modification with conditions; or\n- (c) refuse to approve the equipment or modification.\n- (a) the equipment is, or after the proposed modification, will be, of a standard that ensures, to the greatest extent reasonably possible— (i) the integrity of the game for which it is, or is proposed to be, used; and (ii) the elimination of opportunity for practices that could damage public confidence and trust in participating in games as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes; and\n- (i) the integrity of the game for which it is, or is proposed to be, used; and\n- (ii) the elimination of opportunity for practices that could damage public confidence and trust in participating in games as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes; and\n- (b) for approval for a lucky envelope vending machine or a lucky envelope vending machine after a proposed modification— (i) its make and model incorporate the features prescribed under a regulation to ensure the machine’s integrity; and (ii) it is not capable of accruing playing credits; and (iii) it does not resemble, or is not capable of being converted to, a gaming machine under the Gaming Machine Act 1991 .\n- (i) its make and model incorporate the features prescribed under a regulation to ensure the machine’s integrity; and\n- (ii) it is not capable of accruing playing credits; and\n- (iii) it does not resemble, or is not capable of being converted to, a gaming machine under the Gaming Machine Act 1991 .\n- (i) the integrity of the game for which it is, or is proposed to be, used; and\n- (ii) the elimination of opportunity for practices that could damage public confidence and trust in participating in games as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes; and\n- (i) its make and model incorporate the features prescribed under a regulation to ensure the machine’s integrity; and\n- (ii) it is not capable of accruing playing credits; and\n- (iii) it does not resemble, or is not capable of being converted to, a gaming machine under the Gaming Machine Act 1991 .\n- (a) the fee payable for an evaluation carried out by the chief executive is not paid; or\n- (b) the applicant fails to comply with a direction of the chief executive under section 99 (1) (b) .\n- (a) for a decision to approve equipment or a modification—immediately give the applicant written notice of the decision; or\n- (b) for a decision to approve equipment or a modification with conditions—immediately give the applicant an information notice for the decision; or\n- (c) for a decision to refuse to approve equipment or a modification—immediately give the applicant an information notice for the decision.","sortOrder":131},{"sectionNumber":"sec.100AA","sectionType":"section","heading":"Changes to conditions of approval of regulated general gaming equipment","content":"### sec.100AA Changes to conditions of approval of regulated general gaming equipment\n\nThe chief executive may act under subsection (2) only if, having regard to the objects of this Act, the chief executive considers taking the action is—\nnecessary or appropriate for the proper conduct of general gaming; or\notherwise in the public interest.\nAt any time after granting an approval under section 100 , the chief executive may decide to—\nimpose conditions on the approval, whether or not the approval is already subject to conditions; or\nvary a condition of the approval; or\nremove a condition of the approval.\nWhen the chief executive makes a decision under subsection (2) , the chief executive must—\nfor a decision to impose a condition on an approval—give the approval holder an information notice for the decision; or\nfor a decision to vary a condition of an approval—give the approval holder an information notice for the decision; or\nfor a decision to remove a condition of an approval—give the approval holder written notice of the decision.\ns 100AA ins 2022 No. 23 s 39\n(sec.100AA-ssec.1) The chief executive may act under subsection (2) only if, having regard to the objects of this Act, the chief executive considers taking the action is— necessary or appropriate for the proper conduct of general gaming; or otherwise in the public interest.\n(sec.100AA-ssec.2) At any time after granting an approval under section 100 , the chief executive may decide to— impose conditions on the approval, whether or not the approval is already subject to conditions; or vary a condition of the approval; or remove a condition of the approval.\n(sec.100AA-ssec.3) When the chief executive makes a decision under subsection (2) , the chief executive must— for a decision to impose a condition on an approval—give the approval holder an information notice for the decision; or for a decision to vary a condition of an approval—give the approval holder an information notice for the decision; or for a decision to remove a condition of an approval—give the approval holder written notice of the decision.\n- (a) necessary or appropriate for the proper conduct of general gaming; or\n- (b) otherwise in the public interest.\n- (a) impose conditions on the approval, whether or not the approval is already subject to conditions; or\n- (b) vary a condition of the approval; or\n- (c) remove a condition of the approval.\n- (a) for a decision to impose a condition on an approval—give the approval holder an information notice for the decision; or\n- (b) for a decision to vary a condition of an approval—give the approval holder an information notice for the decision; or\n- (c) for a decision to remove a condition of an approval—give the approval holder written notice of the decision.","sortOrder":132},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Approved evaluators","content":"### sec.100A Approved evaluators\n\nThe Governor in Council may, under a regulation, declare an entity to be an approved evaluator for evaluating regulated general gaming equipment.\ns 100A ins 1999 No. 77 s 167","sortOrder":133},{"sectionNumber":"sec.100B","sectionType":"section","heading":"Offences about using or modifying regulated general gaming equipment","content":"### sec.100B Offences about using or modifying regulated general gaming equipment\n\nA person must not use regulated general gaming equipment in conducting a game unless the equipment is approved equipment.\nMaximum penalty—200 penalty units.\nA person must not modify approved equipment unless the modification is approved under section 100 (1) .\nMaximum penalty—200 penalty units.\nA person must not use approved equipment in conducting a game unless the use is consistent with an approval of the equipment or a modification of the equipment under section 100 , including any conditions of the approval.\nMaximum penalty—200 penalty units.\nIn this section—\napproved equipment means regulated general gaming equipment approved under section 100 (1) .\ns 100B ins 2002 No. 43 s 26\namd 2004 No. 21 s 25 ; 2022 No. 23 s 40\n(sec.100B-ssec.1) A person must not use regulated general gaming equipment in conducting a game unless the equipment is approved equipment. Maximum penalty—200 penalty units.\n(sec.100B-ssec.2) A person must not modify approved equipment unless the modification is approved under section 100 (1) . Maximum penalty—200 penalty units.\n(sec.100B-ssec.3) A person must not use approved equipment in conducting a game unless the use is consistent with an approval of the equipment or a modification of the equipment under section 100 , including any conditions of the approval. Maximum penalty—200 penalty units.\n(sec.100B-ssec.4) In this section— approved equipment means regulated general gaming equipment approved under section 100 (1) .","sortOrder":134},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":"Advertising","content":"## Advertising","sortOrder":135},{"sectionNumber":"sec.101","sectionType":"section","heading":"Advertising","content":"### sec.101 Advertising\n\nA person advertising the conduct of a game must take reasonable steps to ensure the advertisement—\nis not indecent or offensive; and\nis based on fact; and\nis not false, deceptive or misleading in a material particular; and\ncomplies with the rules for the game.\nMaximum penalty—100 penalty units.\ns 101 amd 2008 No. 2 s 18\n- (a) is not indecent or offensive; and\n- (b) is based on fact; and\n- (c) is not false, deceptive or misleading in a material particular; and\n- (d) complies with the rules for the game.","sortOrder":136},{"sectionNumber":"sec.102","sectionType":"section","heading":"Directions about advertising","content":"### sec.102 Directions about advertising\n\nIf the chief executive reasonably believes a person has published an advertisement for a game that does not comply with section 101 , the chief executive may direct the person to take appropriate steps to—\nstop the advertisement being shown or published; or\nchange the advertisement.\nThe direction must—\nbe written; and\nstate the grounds for the direction; and\nif the direction is a direction to change the advertisement—state how the advertisement is required to be changed.\nThe person must comply with the direction, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (3) —50 penalty units.\n(sec.102-ssec.1) If the chief executive reasonably believes a person has published an advertisement for a game that does not comply with section 101 , the chief executive may direct the person to take appropriate steps to— stop the advertisement being shown or published; or change the advertisement.\n(sec.102-ssec.2) The direction must— be written; and state the grounds for the direction; and if the direction is a direction to change the advertisement—state how the advertisement is required to be changed.\n(sec.102-ssec.3) The person must comply with the direction, unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (3) —50 penalty units.\n- (a) stop the advertisement being shown or published; or\n- (b) change the advertisement.\n- (a) be written; and\n- (b) state the grounds for the direction; and\n- (c) if the direction is a direction to change the advertisement—state how the advertisement is required to be changed.","sortOrder":137},{"sectionNumber":"pt.5-div.10A","sectionType":"division","heading":"Harm minimisation measures","content":"## Harm minimisation measures","sortOrder":138},{"sectionNumber":"sec.102A","sectionType":"section","heading":"Harm minimisation measures","content":"### sec.102A Harm minimisation measures\n\nA regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from general gaming, including, for example, measures for any of the following purposes—\ndelaying the start of a process in particular circumstances;\ninterrupting a process in particular circumstances;\nusing particular technology or software;\nproviding particular information to the chief executive or persons participating in general gaming;\nenabling a person to access a service that provides help with gambling problems.\nThe Minister may recommend the making of a regulation under subsection (1) only if satisfied—\nthe harm minimisation measure—\nis necessary and appropriate to minimise potential harm from general gaming; and\nis consistent with the objects of this Act; or\nit is in the public interest to prescribe the harm minimisation measure.\nA regulation made under subsection (1) may also prescribe the persons involved in conducting games that must implement a harm minimisation measure.\nA person prescribed under subsection (3) must implement the harm minimisation measure as prescribed.\nMaximum penalty for subsection (4) —200 penalty units.\ns 102A ins 2022 No. 23 s 41\n(sec.102A-ssec.1) A regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from general gaming, including, for example, measures for any of the following purposes— delaying the start of a process in particular circumstances; interrupting a process in particular circumstances; using particular technology or software; providing particular information to the chief executive or persons participating in general gaming; enabling a person to access a service that provides help with gambling problems.\n(sec.102A-ssec.2) The Minister may recommend the making of a regulation under subsection (1) only if satisfied— the harm minimisation measure— is necessary and appropriate to minimise potential harm from general gaming; and is consistent with the objects of this Act; or it is in the public interest to prescribe the harm minimisation measure.\n(sec.102A-ssec.3) A regulation made under subsection (1) may also prescribe the persons involved in conducting games that must implement a harm minimisation measure.\n(sec.102A-ssec.4) A person prescribed under subsection (3) must implement the harm minimisation measure as prescribed. Maximum penalty for subsection (4) —200 penalty units.\n- (a) delaying the start of a process in particular circumstances;\n- (b) interrupting a process in particular circumstances;\n- (c) using particular technology or software;\n- (d) providing particular information to the chief executive or persons participating in general gaming;\n- (e) enabling a person to access a service that provides help with gambling problems.\n- (a) the harm minimisation measure— (i) is necessary and appropriate to minimise potential harm from general gaming; and (ii) is consistent with the objects of this Act; or\n- (i) is necessary and appropriate to minimise potential harm from general gaming; and\n- (ii) is consistent with the objects of this Act; or\n- (b) it is in the public interest to prescribe the harm minimisation measure.\n- (i) is necessary and appropriate to minimise potential harm from general gaming; and\n- (ii) is consistent with the objects of this Act; or","sortOrder":139},{"sectionNumber":"pt.5-div.11","sectionType":"division","heading":"Complaints","content":"## Complaints","sortOrder":140},{"sectionNumber":"sec.103","sectionType":"section","heading":"Inquiries about complaints","content":"### sec.103 Inquiries about complaints\n\nA person must inquire into—\nall written complaints made to the person about—\nthe conduct of the person’s general gaming operations under a general licence; or\nif the person is not a general licensee—the person’s conduct of a game; or\nall complaints referred to the person by the chief executive under subsection (3) .\nWithin 21 days after a complaint is received by, or referred to, the person, the person must give notice of the result of the person’s inquiry to—\nthe complainant; and\nif the complaint was referred to the person by the chief executive—the chief executive.\nIf a complaint is made to the chief executive about the conduct of a game, the chief executive must immediately—\ninquire into the complaint; or\nif the chief executive considers it appropriate—refer the complaint to the person who conducted the game.\nThe chief executive must immediately advise the complainant of—\nthe result of the chief executive’s inquiry; or\nthe chief executive’s decision to refer the complaint to the person.\n(sec.103-ssec.1) A person must inquire into— all written complaints made to the person about— the conduct of the person’s general gaming operations under a general licence; or if the person is not a general licensee—the person’s conduct of a game; or all complaints referred to the person by the chief executive under subsection (3) .\n(sec.103-ssec.2) Within 21 days after a complaint is received by, or referred to, the person, the person must give notice of the result of the person’s inquiry to— the complainant; and if the complaint was referred to the person by the chief executive—the chief executive.\n(sec.103-ssec.3) If a complaint is made to the chief executive about the conduct of a game, the chief executive must immediately— inquire into the complaint; or if the chief executive considers it appropriate—refer the complaint to the person who conducted the game.\n(sec.103-ssec.4) The chief executive must immediately advise the complainant of— the result of the chief executive’s inquiry; or the chief executive’s decision to refer the complaint to the person.\n- (a) all written complaints made to the person about— (i) the conduct of the person’s general gaming operations under a general licence; or (ii) if the person is not a general licensee—the person’s conduct of a game; or\n- (i) the conduct of the person’s general gaming operations under a general licence; or\n- (ii) if the person is not a general licensee—the person’s conduct of a game; or\n- (b) all complaints referred to the person by the chief executive under subsection (3) .\n- (i) the conduct of the person’s general gaming operations under a general licence; or\n- (ii) if the person is not a general licensee—the person’s conduct of a game; or\n- (a) the complainant; and\n- (b) if the complaint was referred to the person by the chief executive—the chief executive.\n- (a) inquire into the complaint; or\n- (b) if the chief executive considers it appropriate—refer the complaint to the person who conducted the game.\n- (a) the result of the chief executive’s inquiry; or\n- (b) the chief executive’s decision to refer the complaint to the person.","sortOrder":141},{"sectionNumber":"sec.104","sectionType":"section","heading":"Reporting improper behaviour","content":"### sec.104 Reporting improper behaviour\n\nThis section applies if a person (the informer ) becomes aware, or reasonably suspects, that another person, by a dishonest act, has obtained a benefit for the other person or someone else in relation to a game conducted by the informer.\nWithin 7 days after becoming aware of, or suspecting, the dishonest act, the informer must give the chief executive a notice advising the chief executive of the facts known to the informer about the matter.\nMaximum penalty—200 penalty units.\nThe other person must not mistreat the informer because—\nthe informer has given, or may give, a notice under subsection (2) ; or\nthe other person reasonably believes the informer has given, or may give, a notice under subsection (2) .\nMaximum penalty—200 penalty units.\nIn this section—\ndishonest act means fraud, misrepresentation or theft.\nmistreat a person means—\nend the person’s employment or prejudice the person’s career in another way; or\nprejudice the person’s safety; or\nintimidate or harass the person.\n(sec.104-ssec.1) This section applies if a person (the informer ) becomes aware, or reasonably suspects, that another person, by a dishonest act, has obtained a benefit for the other person or someone else in relation to a game conducted by the informer.\n(sec.104-ssec.2) Within 7 days after becoming aware of, or suspecting, the dishonest act, the informer must give the chief executive a notice advising the chief executive of the facts known to the informer about the matter. Maximum penalty—200 penalty units.\n(sec.104-ssec.3) The other person must not mistreat the informer because— the informer has given, or may give, a notice under subsection (2) ; or the other person reasonably believes the informer has given, or may give, a notice under subsection (2) . Maximum penalty—200 penalty units.\n(sec.104-ssec.4) In this section— dishonest act means fraud, misrepresentation or theft. mistreat a person means— end the person’s employment or prejudice the person’s career in another way; or prejudice the person’s safety; or intimidate or harass the person.\n- (a) the informer has given, or may give, a notice under subsection (2) ; or\n- (b) the other person reasonably believes the informer has given, or may give, a notice under subsection (2) .\n- (a) end the person’s employment or prejudice the person’s career in another way; or\n- (b) prejudice the person’s safety; or\n- (c) intimidate or harass the person.","sortOrder":142},{"sectionNumber":"pt.5-div.12","sectionType":"division","heading":"General gaming offences","content":"## General gaming offences","sortOrder":143},{"sectionNumber":"sec.105","sectionType":"section","heading":"Bribery","content":"### sec.105 Bribery\n\nA general gaming official must not ask for, receive or obtain, or agree to receive or obtain a benefit for the official or another person for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not give, confer or obtain, or promise or offer to give, confer or obtain a benefit to, on or for a general gaming official, or another person on account of a general gaming official, for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA general gaming official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act on account of—\nthe official not performing, or being influenced in performing, the official’s functions under this Act; or\nanything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in performing the official’s functions under this Act; or\nthe official using, or taking advantage of, the official’s office improperly to gain a benefit for, or facilitate the commission of an offence by—\nif the act is done by the official—another person; or\nif the act is done by another person—that person or another person.\n(sec.105-ssec.1) A general gaming official must not ask for, receive or obtain, or agree to receive or obtain a benefit for the official or another person for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.105-ssec.2) A person must not give, confer or obtain, or promise or offer to give, confer or obtain a benefit to, on or for a general gaming official, or another person on account of a general gaming official, for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.105-ssec.3) A general gaming official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act on account of— the official not performing, or being influenced in performing, the official’s functions under this Act; or anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in performing the official’s functions under this Act; or the official using, or taking advantage of, the official’s office improperly to gain a benefit for, or facilitate the commission of an offence by— if the act is done by the official—another person; or if the act is done by another person—that person or another person.\n- (a) the official not performing, or being influenced in performing, the official’s functions under this Act; or\n- (b) anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in performing the official’s functions under this Act; or\n- (c) the official using, or taking advantage of, the official’s office improperly to gain a benefit for, or facilitate the commission of an offence by— (i) if the act is done by the official—another person; or (ii) if the act is done by another person—that person or another person.\n- (i) if the act is done by the official—another person; or\n- (ii) if the act is done by another person—that person or another person.\n- (i) if the act is done by the official—another person; or\n- (ii) if the act is done by another person—that person or another person.","sortOrder":144},{"sectionNumber":"sec.106","sectionType":"section","heading":"Cheating","content":"### sec.106 Cheating\n\nA person must not, in conducting or playing a game, dishonestly obtain a benefit.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nFor subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit a benefit to the person or another person.\n(sec.106-ssec.1) A person must not, in conducting or playing a game, dishonestly obtain a benefit. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.106-ssec.2) For subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit a benefit to the person or another person.","sortOrder":145},{"sectionNumber":"sec.107","sectionType":"section","heading":"Extending credit","content":"### sec.107 Extending credit\n\nA person conducting a game must not make a loan or extend credit in any form to a person to enable the person or another person to play the game.\nMaximum penalty—200 penalty units.","sortOrder":146},{"sectionNumber":"sec.108","sectionType":"section","heading":"Forgery and uttering","content":"### sec.108 Forgery and uttering\n\nA person must not—\nforge an official general gaming document; or\nknowingly utter a forged official general gaming document.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not connive at the commission of an offence against subsection (1) .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person forges a document if the person makes a false document, knowing it to be false, with the intention that—\nit may be used or acted on to the detriment or benefit of a person; or\na person may, in the belief it is genuine, be induced to do, or refrain from doing, something.\nWithout limiting subsection (3) , a genuine document may become a false document because of—\nan alteration of the document in a material respect; or\nan addition to the body of the document in a material respect; or\nan addition of a false date, signature, attestation, seal or other material matter.\nA person knowingly utters a forged document if the person utters the document knowing that it is a forged document with the intention that—\nit may be used or acted on to the detriment or benefit of a person; or\na person may, in the belief it is genuine, be induced to do, or refrain from doing, something.\nIn this section—\nofficial general gaming document means—\na ticket for a game; or\na general licence; or\nan inspector’s identity card.\nutter , a document, means—\nuse or deal with the document; or\nattempt to use or deal with the document; or\ninduce a person to use, deal with or act on the document; or\nattempt to induce a person to use, deal with or act on the document.\n(sec.108-ssec.1) A person must not— forge an official general gaming document; or knowingly utter a forged official general gaming document. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.108-ssec.2) A person must not connive at the commission of an offence against subsection (1) . Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.108-ssec.3) A person forges a document if the person makes a false document, knowing it to be false, with the intention that— it may be used or acted on to the detriment or benefit of a person; or a person may, in the belief it is genuine, be induced to do, or refrain from doing, something.\n(sec.108-ssec.4) Without limiting subsection (3) , a genuine document may become a false document because of— an alteration of the document in a material respect; or an addition to the body of the document in a material respect; or an addition of a false date, signature, attestation, seal or other material matter.\n(sec.108-ssec.5) A person knowingly utters a forged document if the person utters the document knowing that it is a forged document with the intention that— it may be used or acted on to the detriment or benefit of a person; or a person may, in the belief it is genuine, be induced to do, or refrain from doing, something.\n(sec.108-ssec.6) In this section— official general gaming document means— a ticket for a game; or a general licence; or an inspector’s identity card. utter , a document, means— use or deal with the document; or attempt to use or deal with the document; or induce a person to use, deal with or act on the document; or attempt to induce a person to use, deal with or act on the document.\n- (a) forge an official general gaming document; or\n- (b) knowingly utter a forged official general gaming document.\n- (a) it may be used or acted on to the detriment or benefit of a person; or\n- (b) a person may, in the belief it is genuine, be induced to do, or refrain from doing, something.\n- (a) an alteration of the document in a material respect; or\n- (b) an addition to the body of the document in a material respect; or\n- (c) an addition of a false date, signature, attestation, seal or other material matter.\n- (a) it may be used or acted on to the detriment or benefit of a person; or\n- (b) a person may, in the belief it is genuine, be induced to do, or refrain from doing, something.\n- (a) a ticket for a game; or\n- (b) a general licence; or\n- (c) an inspector’s identity card.\n- (a) use or deal with the document; or\n- (b) attempt to use or deal with the document; or\n- (c) induce a person to use, deal with or act on the document; or\n- (d) attempt to induce a person to use, deal with or act on the document.","sortOrder":147},{"sectionNumber":"sec.109","sectionType":"section","heading":"Impersonating representatives of persons","content":"### sec.109 Impersonating representatives of persons\n\nA person must not pretend to be—\na representative of a person conducting general gaming; or\na general gaming official.\nA person must not connive at the commission of an offence against subsection (1) .\nMaximum penalty—200 penalty units.\n(sec.109-ssec.1) A person must not pretend to be— a representative of a person conducting general gaming; or a general gaming official.\n(sec.109-ssec.2) A person must not connive at the commission of an offence against subsection (1) . Maximum penalty—200 penalty units.\n- (a) a representative of a person conducting general gaming; or\n- (b) a general gaming official.","sortOrder":148},{"sectionNumber":"sec.110","sectionType":"section","heading":"Participation by minors","content":"### sec.110 Participation by minors\n\nA person involved in the conduct of a game must not accept an entry form, or an amount or other consideration for a ticket, for the game from a minor if a prize for the game is or includes liquor or a gaming product.\nMaximum penalty—200 penalty units.\nIt is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person from whom the entry form, amount or other consideration was accepted was a minor.\nIn this section—\ngaming product means—\na voucher or other acknowledgment for playing—\na game under the Casino Control Act 1982 ; or\na gaming machine under the Gaming Machine Act 1991 ; or\nan approved keno game under the Keno Act 1996 ; or\na ticket in a game of lucky envelopes or a promotional game that is scratched to reveal numbers, letters or symbols that may entitle the player of the game to a prize; or\na lottery ticket under the Lotteries Act 1997 ; or\na ticket or other acknowledgment for a bet under the Wagering Act 1998 .\nliquor see the Liquor Act 1992 , section 4B .\ns 110 amd 2004 No. 21 s 26 ; 2008 No. 48 s 59 (1) sch 1\n(sec.110-ssec.1) A person involved in the conduct of a game must not accept an entry form, or an amount or other consideration for a ticket, for the game from a minor if a prize for the game is or includes liquor or a gaming product. Maximum penalty—200 penalty units.\n(sec.110-ssec.2) It is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person from whom the entry form, amount or other consideration was accepted was a minor.\n(sec.110-ssec.3) In this section— gaming product means— a voucher or other acknowledgment for playing— a game under the Casino Control Act 1982 ; or a gaming machine under the Gaming Machine Act 1991 ; or an approved keno game under the Keno Act 1996 ; or a ticket in a game of lucky envelopes or a promotional game that is scratched to reveal numbers, letters or symbols that may entitle the player of the game to a prize; or a lottery ticket under the Lotteries Act 1997 ; or a ticket or other acknowledgment for a bet under the Wagering Act 1998 . liquor see the Liquor Act 1992 , section 4B .\n- (a) a voucher or other acknowledgment for playing— (i) a game under the Casino Control Act 1982 ; or (ii) a gaming machine under the Gaming Machine Act 1991 ; or (iii) an approved keno game under the Keno Act 1996 ; or\n- (i) a game under the Casino Control Act 1982 ; or\n- (ii) a gaming machine under the Gaming Machine Act 1991 ; or\n- (iii) an approved keno game under the Keno Act 1996 ; or\n- (b) a ticket in a game of lucky envelopes or a promotional game that is scratched to reveal numbers, letters or symbols that may entitle the player of the game to a prize; or\n- (c) a lottery ticket under the Lotteries Act 1997 ; or\n- (d) a ticket or other acknowledgment for a bet under the Wagering Act 1998 .\n- (i) a game under the Casino Control Act 1982 ; or\n- (ii) a gaming machine under the Gaming Machine Act 1991 ; or\n- (iii) an approved keno game under the Keno Act 1996 ; or","sortOrder":149},{"sectionNumber":"pt.6","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":150},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":151},{"sectionNumber":"sec.111","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.111 Appointment and qualifications\n\nThe chief executive may appoint a person as an inspector.\nHowever, a person may be appointed as an inspector only if—\nthe person is—\na public service officer or employee; or\na member of a class of persons prescribed under a regulation; and\nthe chief executive is satisfied the person is qualified for the appointment because—\nthe person has the necessary expertise or experience; or\nthe chief executive considers the person has the ability to quickly acquire the necessary expertise; and\nthe chief executive is satisfied the person is a suitable person to be an inspector, having regard to—\nthe person’s character; and\nthe person’s current financial position and financial background; and\nany other matter the chief executive considers relevant to the person’s suitability to be an inspector.\ns 111 sub 2005 No. 12 s 12\namd 2008 No. 2 s 19\n(sec.111-ssec.1) The chief executive may appoint a person as an inspector.\n(sec.111-ssec.2) However, a person may be appointed as an inspector only if— the person is— a public service officer or employee; or a member of a class of persons prescribed under a regulation; and the chief executive is satisfied the person is qualified for the appointment because— the person has the necessary expertise or experience; or the chief executive considers the person has the ability to quickly acquire the necessary expertise; and the chief executive is satisfied the person is a suitable person to be an inspector, having regard to— the person’s character; and the person’s current financial position and financial background; and any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (a) the person is— (i) a public service officer or employee; or (ii) a member of a class of persons prescribed under a regulation; and\n- (i) a public service officer or employee; or\n- (ii) a member of a class of persons prescribed under a regulation; and\n- (b) the chief executive is satisfied the person is qualified for the appointment because— (i) the person has the necessary expertise or experience; or (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (i) the person has the necessary expertise or experience; or\n- (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (c) the chief executive is satisfied the person is a suitable person to be an inspector, having regard to— (i) the person’s character; and (ii) the person’s current financial position and financial background; and (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (i) the person’s character; and\n- (ii) the person’s current financial position and financial background; and\n- (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (i) a public service officer or employee; or\n- (ii) a member of a class of persons prescribed under a regulation; and\n- (i) the person has the necessary expertise or experience; or\n- (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (i) the person’s character; and\n- (ii) the person’s current financial position and financial background; and\n- (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.","sortOrder":152},{"sectionNumber":"sec.112","sectionType":"section","heading":"Conditions and limit on powers","content":"### sec.112 Conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 112 sub 2005 No. 12 s 12\n(sec.112-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.112-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.112-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":153},{"sectionNumber":"sec.113","sectionType":"section","heading":"Issue of identity card","content":"### sec.113 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 113 sub 2005 No. 12 s 12\n(sec.113-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.113-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.113-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":154},{"sectionNumber":"sec.114","sectionType":"section","heading":"Production or display of identity card","content":"### sec.114 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 119 (1) (b) or (2) .\ns 114 sub 2005 No. 12 s 12\n(sec.114-ssec.1) In exercising a power under this Act in relation to a person, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.114-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.114-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 119 (1) (b) or (2) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":155},{"sectionNumber":"sec.115","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.115 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 116 takes effect.\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\ns 115 sub 2005 No. 12 s 12\n(sec.115-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 116 takes effect.\n(sec.115-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.115-ssec.3) In this section— condition of office means a condition on which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 116 takes effect.","sortOrder":156},{"sectionNumber":"sec.116","sectionType":"section","heading":"Resignation","content":"### sec.116 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\ns 116 sub 2005 No. 12 s 12","sortOrder":157},{"sectionNumber":"sec.117","sectionType":"section","heading":"Return of identity card","content":"### sec.117 Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive immediately after ceasing to be an inspector unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 117 sub 2005 No. 12 s 12","sortOrder":158},{"sectionNumber":"sec.118","sectionType":"section","heading":"Audit program","content":"### sec.118 Audit program\n\nThe Minister may approve an audit program for investigating inspectors.\nThe chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to—\nthe inspector’s character; and\nthe inspector’s current financial position and financial background; and\nany other matter the chief executive considers relevant to the person’s suitability to be an inspector.\nHowever, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\nThe chief executive must ensure the investigation is conducted under the approved audit program.\nIn this section—\napproved audit program means an audit program approved by the Minister under subsection (1) .\ns 118 sub 2005 No. 12 s 12\n(sec.118-ssec.1) The Minister may approve an audit program for investigating inspectors.\n(sec.118-ssec.2) The chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to— the inspector’s character; and the inspector’s current financial position and financial background; and any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n(sec.118-ssec.3) However, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\n(sec.118-ssec.4) The chief executive must ensure the investigation is conducted under the approved audit program.\n(sec.118-ssec.5) In this section— approved audit program means an audit program approved by the Minister under subsection (1) .\n- (a) the inspector’s character; and\n- (b) the inspector’s current financial position and financial background; and\n- (c) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.","sortOrder":159},{"sectionNumber":"sec.118A","sectionType":"section","heading":"Report about criminal history","content":"### sec.118A Report about criminal history\n\nTo help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\nIf asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.\nThe duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 118A ins 2005 No. 12 s 12\n(sec.118A-ssec.1) To help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\n(sec.118A-ssec.2) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.\n(sec.118A-ssec.3) The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.","sortOrder":160},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":161},{"sectionNumber":"sec.119","sectionType":"section","heading":"Entry to places","content":"### sec.119 Entry to places\n\nAn inspector may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is a general gaming place and is—\nopen for conducting games, or parts of games; or\notherwise open for entry; or\nrequired to be open for inspection under a general licence.\nFor the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , a general gaming place does not include a part of the place where a person resides.\n(sec.119-ssec.1) An inspector may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a general gaming place and is— open for conducting games, or parts of games; or otherwise open for entry; or required to be open for inspection under a general licence.\n(sec.119-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.119-ssec.3) For subsection (1) (d) , a general gaming place does not include a part of the place where a person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a general gaming place and is— (i) open for conducting games, or parts of games; or (ii) otherwise open for entry; or (iii) required to be open for inspection under a general licence.\n- (i) open for conducting games, or parts of games; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under a general licence.\n- (i) open for conducting games, or parts of games; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under a general licence.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":162},{"sectionNumber":"sec.120","sectionType":"section","heading":"Entry with consent","content":"### sec.120 Entry with consent\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 119 (1) (a) .\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the inspector must immediately give a copy to the occupier.\nA court must find the occupier of a place did not consent to an inspector entering the place under this part if—\nan issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 119 (1) (a) ; and\nan acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n(sec.120-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 119 (1) (a) .\n(sec.120-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.120-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.\n(sec.120-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.120-ssec.5) If the occupier signs the acknowledgment, the inspector must immediately give a copy to the occupier.\n(sec.120-ssec.6) A court must find the occupier of a place did not consent to an inspector entering the place under this part if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 119 (1) (a) ; and an acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 119 (1) (a) ; and\n- (b) an acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":163},{"sectionNumber":"sec.121","sectionType":"section","heading":"Application for warrant","content":"### sec.121 Application for warrant\n\nAn inspector may apply to a justice for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe justice may refuse to consider the application until the inspector gives the justice all the information the justice requires about the application in the way the justice requires.\nThe justice may require additional information supporting the application to be given by statutory declaration.\n(sec.121-ssec.1) An inspector may apply to a justice for a warrant for a place.\n(sec.121-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.121-ssec.3) The justice may refuse to consider the application until the inspector gives the justice all the information the justice requires about the application in the way the justice requires. The justice may require additional information supporting the application to be given by statutory declaration.","sortOrder":164},{"sectionNumber":"sec.122","sectionType":"section","heading":"Issue of warrant","content":"### sec.122 Issue of warrant\n\nThe justice may issue a warrant only if the justice is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the inspector’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.122-ssec.1) The justice may issue a warrant only if the justice is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.122-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the inspector’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and","sortOrder":165},{"sectionNumber":"sec.123","sectionType":"section","heading":"Special warrants","content":"### sec.123 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the special warrant before the application is sworn.\nAfter issuing the warrant, the justice must immediately fax a copy (a facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspector—\nthe justice must tell the inspector—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe justice’s name; and\nthe date and time the justice issued the warrant; and\nthe terms of the warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued by the justice.\nThe inspector must, at the first reasonable opportunity, send to the justice—\nthe sworn application; and\nif the inspector completed a warrant form, the completed warrant form.\nOn receiving the documents, the justice must attach them to the special warrant.\nA court must find the exercise of the power by an inspector was not authorised by a special warrant if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\nthe warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant.\n(sec.123-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.123-ssec.2) Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.123-ssec.3) The inspector may apply for the special warrant before the application is sworn.\n(sec.123-ssec.4) After issuing the warrant, the justice must immediately fax a copy (a facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\n(sec.123-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the justice must tell the inspector— what the terms of the special warrant are; and the date and time the special warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the justice’s name; and the date and time the justice issued the warrant; and the terms of the warrant.\n(sec.123-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued by the justice.\n(sec.123-ssec.7) The inspector must, at the first reasonable opportunity, send to the justice— the sworn application; and if the inspector completed a warrant form, the completed warrant form.\n(sec.123-ssec.8) On receiving the documents, the justice must attach them to the special warrant.\n(sec.123-ssec.9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the justice must tell the inspector— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant was issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the justice’s name; and (ii) the date and time the justice issued the warrant; and (iii) the terms of the warrant.\n- (i) the justice’s name; and\n- (ii) the date and time the justice issued the warrant; and\n- (iii) the terms of the warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (i) the justice’s name; and\n- (ii) the date and time the justice issued the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form, the completed warrant form.\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant.","sortOrder":166},{"sectionNumber":"sec.124","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.124 Warrants—procedure before entry\n\nThis section applies if an inspector named in a special warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 123 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.124-ssec.1) This section applies if an inspector named in a special warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.124-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 123 (6) , a copy of the facsimile warrant or warrant form; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.124-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 123 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":167},{"sectionNumber":"sec.125","sectionType":"section","heading":"General powers after entering places","content":"### sec.125 General powers after entering places\n\nThis section applies to an inspector who enters a place.\nHowever, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act, the inspector may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place; or\nfor a general gaming place—access, electronically or in another way, a system used at the place for conducting games, or administrative purposes related to the conduct of games; or\ntake into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\nrequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse for failing to comply with it.\n(sec.125-ssec.1) This section applies to an inspector who enters a place.\n(sec.125-ssec.2) However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\n(sec.125-ssec.3) For monitoring or enforcing compliance with this Act, the inspector may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or for a general gaming place—access, electronically or in another way, a system used at the place for conducting games, or administrative purposes related to the conduct of games; or take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\n(sec.125-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse for failing to comply with it.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place; or\n- (e) for a general gaming place—access, electronically or in another way, a system used at the place for conducting games, or administrative purposes related to the conduct of games; or\n- (f) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\n- (g) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\n- (h) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.","sortOrder":168},{"sectionNumber":"sec.126","sectionType":"section","heading":"Failure to help inspector","content":"### sec.126 Failure to help inspector\n\nA person required to give reasonable help under section 125 (3) (g) must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nIf the requirement is to be complied with by the person giving information, or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person to fail to comply with the requirement, if complying with it might tend to incriminate the person.\n(sec.126-ssec.1) A person required to give reasonable help under section 125 (3) (g) must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.126-ssec.2) If the requirement is to be complied with by the person giving information, or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person to fail to comply with the requirement, if complying with it might tend to incriminate the person.","sortOrder":169},{"sectionNumber":"sec.127","sectionType":"section","heading":"Failure to give information","content":"### sec.127 Failure to give information\n\nA person of whom a requirement is made under section 125 (3) (h) must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for the person to fail to comply with the requirement if complying with it might tend to incriminate the person.\n(sec.127-ssec.1) A person of whom a requirement is made under section 125 (3) (h) must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.127-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement if complying with it might tend to incriminate the person.","sortOrder":170},{"sectionNumber":"sec.128","sectionType":"section","heading":"Seizing evidence at general gaming places","content":"### sec.128 Seizing evidence at general gaming places\n\nAn inspector who enters a general gaming place under this part may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.","sortOrder":171},{"sectionNumber":"sec.129","sectionType":"section","heading":"Seizing evidence at places other than general gaming places","content":"### sec.129 Seizing evidence at places other than general gaming places\n\nThis section applies if an inspector enters a place other than a general gaming place.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector also may seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n(sec.129-ssec.1) This section applies if an inspector enters a place other than a general gaming place.\n(sec.129-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.129-ssec.3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.129-ssec.4) The inspector also may seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.129-ssec.5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":172},{"sectionNumber":"sec.130","sectionType":"section","heading":"Securing seized things","content":"### sec.130 Securing seized things\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Example of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted","sortOrder":173},{"sectionNumber":"sec.131","sectionType":"section","heading":"Tampering with seized things","content":"### sec.131 Tampering with seized things\n\nIf an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.\nMaximum penalty—40 penalty units.","sortOrder":174},{"sectionNumber":"sec.132","sectionType":"section","heading":"Powers to support seizure","content":"### sec.132 Powers to support seizure\n\nTo enable a thing to be seized, an inspector may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\nA person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.132-ssec.1) To enable a thing to be seized, an inspector may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.132-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.132-ssec.3) A person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.132-ssec.4) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":175},{"sectionNumber":"sec.133","sectionType":"section","heading":"Receipt for seized things","content":"### sec.133 Receipt for seized things\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing’s nature, condition and value.\n(sec.133-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.133-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.133-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.133-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing’s nature, condition and value.","sortOrder":176},{"sectionNumber":"sec.134","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.134 Forfeiture of seized things\n\nA seized thing is forfeited to the State if the inspector who seized the thing—\ncan not find its owner after making reasonable inquiries; or\ncan not return it to its owner after making reasonable efforts; or\nreasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must give the owner an information notice about the decision.\nSubsection (3) does not apply if—\nthe inspector can not find the owner after making reasonable inquiries; or\nit is impracticable or would be unreasonable to give the notice.\nThe information notice must state that the owner may apply for a stay of the decision if the owner appeals against the decision.\nRegard must be had to a thing’s nature, condition and value—\nin deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or\nin deciding whether it would be unreasonable to give the notice.\n(sec.134-ssec.1) A seized thing is forfeited to the State if the inspector who seized the thing— can not find its owner after making reasonable inquiries; or can not return it to its owner after making reasonable efforts; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\n(sec.134-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.134-ssec.3) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must give the owner an information notice about the decision.\n(sec.134-ssec.4) Subsection (3) does not apply if— the inspector can not find the owner after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice.\n(sec.134-ssec.5) The information notice must state that the owner may apply for a stay of the decision if the owner appeals against the decision.\n(sec.134-ssec.6) Regard must be had to a thing’s nature, condition and value— in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or in deciding whether it would be unreasonable to give the notice.\n- (a) can not find its owner after making reasonable inquiries; or\n- (b) can not return it to its owner after making reasonable efforts; or\n- (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\n- (a) subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) the inspector can not find the owner after making reasonable inquiries; or\n- (b) it is impracticable or would be unreasonable to give the notice.\n- (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or\n- (b) in deciding whether it would be unreasonable to give the notice.\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or","sortOrder":177},{"sectionNumber":"sec.135","sectionType":"section","heading":"Return of seized things","content":"### sec.135 Return of seized things\n\nIf a seized thing has not been forfeited, the inspector must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless it has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n(sec.135-ssec.1) If a seized thing has not been forfeited, the inspector must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.135-ssec.2) Despite subsection (1) , unless it has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.","sortOrder":178},{"sectionNumber":"sec.136","sectionType":"section","heading":"Access to seized things","content":"### sec.136 Access to seized things\n\nUntil a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.136-ssec.1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.136-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":179},{"sectionNumber":"sec.137","sectionType":"section","heading":"Direction to stop using thing","content":"### sec.137 Direction to stop using thing\n\nThis section applies if an inspector reasonably believes—\na thing used for conducting games is unsatisfactory for the purpose for which it is used; and\nthe continued use of the thing may adversely affect the integrity of the conduct of games or the public interest.\nThe inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using it, or allowing it to be used, in conducting games.\n(sec.137-ssec.1) This section applies if an inspector reasonably believes— a thing used for conducting games is unsatisfactory for the purpose for which it is used; and the continued use of the thing may adversely affect the integrity of the conduct of games or the public interest.\n(sec.137-ssec.2) The inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using it, or allowing it to be used, in conducting games.\n- (a) a thing used for conducting games is unsatisfactory for the purpose for which it is used; and\n- (b) the continued use of the thing may adversely affect the integrity of the conduct of games or the public interest.","sortOrder":180},{"sectionNumber":"sec.138","sectionType":"section","heading":"Requirements about stop directions","content":"### sec.138 Requirements about stop directions\n\nA direction to a person under section 137 (a stop direction ) may be given orally or by notice (a stop notice ).\nHowever, if the direction is given orally, it must be confirmed by notice (also a stop notice ) given to the person as soon as practicable.\nA stop direction may be given for a thing at a general gaming place.\nA stop direction does not apply to a use of a thing for repairing or testing it.\nA stop notice must state—\nthe grounds on which the inspector believes the thing is unsatisfactory; and\nthe circumstances, if any, under which the stop direction may be cancelled.\n(sec.138-ssec.1) A direction to a person under section 137 (a stop direction ) may be given orally or by notice (a stop notice ).\n(sec.138-ssec.2) However, if the direction is given orally, it must be confirmed by notice (also a stop notice ) given to the person as soon as practicable.\n(sec.138-ssec.3) A stop direction may be given for a thing at a general gaming place.\n(sec.138-ssec.4) A stop direction does not apply to a use of a thing for repairing or testing it.\n(sec.138-ssec.5) A stop notice must state— the grounds on which the inspector believes the thing is unsatisfactory; and the circumstances, if any, under which the stop direction may be cancelled.\n- (a) the grounds on which the inspector believes the thing is unsatisfactory; and\n- (b) the circumstances, if any, under which the stop direction may be cancelled.","sortOrder":181},{"sectionNumber":"sec.139","sectionType":"section","heading":"Failure to comply with stop direction","content":"### sec.139 Failure to comply with stop direction\n\nA person to whom a stop direction is given must comply with the direction, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.","sortOrder":182},{"sectionNumber":"sec.140","sectionType":"section","heading":"Power to require name and address","content":"### sec.140 Power to require name and address\n\nThis section applies if an inspector—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nWhen making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse for not stating it.\nThe inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false.\n(sec.140-ssec.1) This section applies if an inspector— finds a person committing an offence against this Act; or finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.\n(sec.140-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.140-ssec.3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse for not stating it.\n(sec.140-ssec.4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.","sortOrder":183},{"sectionNumber":"sec.141","sectionType":"section","heading":"Failure to give name or address","content":"### sec.141 Failure to give name or address\n\nA person of whom a requirement is made under section 140 (2) or (4) must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.141-ssec.1) A person of whom a requirement is made under section 140 (2) or (4) must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.141-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":184},{"sectionNumber":"sec.142","sectionType":"section","heading":"Power to require production of documents","content":"### sec.142 Power to require production of documents\n\nAn inspector may require a person to make available for inspection by an inspector, or produce to an inspector for inspection, at a reasonable time and place nominated by the inspector—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act; or\nif the person is a general licensee, a document about the activity authorised by the general licence and kept by the person under the licence.\nThe inspector may keep the document to copy it.\nIf the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe inspector must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\n(sec.142-ssec.1) An inspector may require a person to make available for inspection by an inspector, or produce to an inspector for inspection, at a reasonable time and place nominated by the inspector— a document issued to the person under this Act; or a document required to be kept by the person under this Act; or if the person is a general licensee, a document about the activity authorised by the general licence and kept by the person under the licence.\n(sec.142-ssec.2) The inspector may keep the document to copy it.\n(sec.142-ssec.3) If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.142-ssec.4) The inspector must return the document to the person as soon as practicable after copying it.\n(sec.142-ssec.5) However, if a requirement is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act; or\n- (c) if the person is a general licensee, a document about the activity authorised by the general licence and kept by the person under the licence.","sortOrder":185},{"sectionNumber":"sec.143","sectionType":"section","heading":"Failure to produce document","content":"### sec.143 Failure to produce document\n\nA person of whom a requirement is made under section 142 (1) must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for the person not to comply with the requirement if complying with it might tend to incriminate the person.\n(sec.143-ssec.1) A person of whom a requirement is made under section 142 (1) must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.143-ssec.2) It is a reasonable excuse for the person not to comply with the requirement if complying with it might tend to incriminate the person.","sortOrder":186},{"sectionNumber":"sec.144","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.144 Failure to certify copy of document\n\nA person of whom a requirement is made under section 142 (3) must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.","sortOrder":187},{"sectionNumber":"sec.145","sectionType":"section","heading":"Power to require attendance of persons","content":"### sec.145 Power to require attendance of persons\n\nAn inspector may require a person of whom a requirement under section 142 (1) has been made to attend before the inspector to answer questions or give information about the document to which the requirement relates.\nAlso, an inspector who reasonably believes it is necessary in performing the inspector’s functions under this Act, may require any person responsible for or connected with—\nthe conduct of general gaming; or\nthe manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance or repair of general gaming equipment;\nto attend before the inspector to answer any questions or supply any information with respect to the matters referred to in this subsection.\nA requirement made of a person under this section must—\nbe made by notice given to the person; and\nstate a reasonable time and place for the person’s attendance.\nWhen making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse for not complying with it.\n(sec.145-ssec.1) An inspector may require a person of whom a requirement under section 142 (1) has been made to attend before the inspector to answer questions or give information about the document to which the requirement relates.\n(sec.145-ssec.2) Also, an inspector who reasonably believes it is necessary in performing the inspector’s functions under this Act, may require any person responsible for or connected with— the conduct of general gaming; or the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance or repair of general gaming equipment; to attend before the inspector to answer any questions or supply any information with respect to the matters referred to in this subsection.\n(sec.145-ssec.3) A requirement made of a person under this section must— be made by notice given to the person; and state a reasonable time and place for the person’s attendance.\n(sec.145-ssec.4) When making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse for not complying with it.\n- (a) the conduct of general gaming; or\n- (b) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance or repair of general gaming equipment;\n- (a) be made by notice given to the person; and\n- (b) state a reasonable time and place for the person’s attendance.","sortOrder":188},{"sectionNumber":"sec.146","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.146 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 145 must not, unless the person has a reasonable excuse—\nfail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\nwhen attending before the inspector—\nfail to comply with a requirement to answer a question or give information; or\nstate anything the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n(sec.146-ssec.1) A person of whom a requirement is made under section 145 must not, unless the person has a reasonable excuse— fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or when attending before the inspector— fail to comply with a requirement to answer a question or give information; or state anything the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.146-ssec.2) It is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n- (a) fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\n- (b) when attending before the inspector— (i) fail to comply with a requirement to answer a question or give information; or (ii) state anything the person knows is false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows is false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows is false or misleading in a material particular.","sortOrder":189},{"sectionNumber":"sec.147","sectionType":"section","heading":"Power to require financial records","content":"### sec.147 Power to require financial records\n\nThis section applies to a person (the financial institution officer ) who is the manager or other principal officer at a place of business of a financial institution at which a person keeps an account for the person’s general gaming operations.\nAn inspector may, by notice given to the financial institution officer, require the officer to give to the inspector, within the time, of not less than 7 days, stated in the notice—\na statement of account for the account; or\ncopies of cheques or other records relevant to the account; or\nother particulars or documents relevant to the account stated in the notice.\nAn inspector may make a requirement under subsection (2) only with the written approval of the chief executive.\n(sec.147-ssec.1) This section applies to a person (the financial institution officer ) who is the manager or other principal officer at a place of business of a financial institution at which a person keeps an account for the person’s general gaming operations.\n(sec.147-ssec.2) An inspector may, by notice given to the financial institution officer, require the officer to give to the inspector, within the time, of not less than 7 days, stated in the notice— a statement of account for the account; or copies of cheques or other records relevant to the account; or other particulars or documents relevant to the account stated in the notice.\n(sec.147-ssec.3) An inspector may make a requirement under subsection (2) only with the written approval of the chief executive.\n- (a) a statement of account for the account; or\n- (b) copies of cheques or other records relevant to the account; or\n- (c) other particulars or documents relevant to the account stated in the notice.","sortOrder":190},{"sectionNumber":"sec.148","sectionType":"section","heading":"Effect of compliance with s 147","content":"### sec.148 Effect of compliance with s 147\n\nNo liability attaches to a person who is the manager or other principal officer at a place of business of a financial institution for any breach of trust or other reason, merely because the person complies with a requirement under section 147 (2) .\nNo liability attaches to the financial institution, for any breach of trust or other reason, merely because a person who is the manager or other principal officer at a place of business of the institution complies with the requirement.\n(sec.148-ssec.1) No liability attaches to a person who is the manager or other principal officer at a place of business of a financial institution for any breach of trust or other reason, merely because the person complies with a requirement under section 147 (2) .\n(sec.148-ssec.2) No liability attaches to the financial institution, for any breach of trust or other reason, merely because a person who is the manager or other principal officer at a place of business of the institution complies with the requirement.","sortOrder":191},{"sectionNumber":"sec.149","sectionType":"section","heading":"Failure to comply with s 147","content":"### sec.149 Failure to comply with s 147\n\nA person of whom a requirement is made under section 147 (2) must comply with the requirement within the time stated in the relevant notice, unless the person has a reasonable excuse for not complying with it in the stated time.\nMaximum penalty—40 penalty units.","sortOrder":192},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Other enforcement matters","content":"## Other enforcement matters","sortOrder":193},{"sectionNumber":"sec.150","sectionType":"section","heading":"Direction about management practices","content":"### sec.150 Direction about management practices\n\nThis section applies if the chief executive reasonably believes—\nthe management, supervision or control of any part of a person’s general gaming operations (the management practice ) is unsatisfactory; and\nthe management practice may adversely affect the integrity of the person’s conduct of games or the public interest.\nThe chief executive may direct the person to stop, or change, the management practice.\nThe direction must—\nbe in writing; and\nif the direction is to change the management practice—clearly describe how it is required to be changed; and\nstate when the person is required to comply with the direction.\nA person to whom a direction is given must comply with it, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.150-ssec.1) This section applies if the chief executive reasonably believes— the management, supervision or control of any part of a person’s general gaming operations (the management practice ) is unsatisfactory; and the management practice may adversely affect the integrity of the person’s conduct of games or the public interest.\n(sec.150-ssec.2) The chief executive may direct the person to stop, or change, the management practice.\n(sec.150-ssec.3) The direction must— be in writing; and if the direction is to change the management practice—clearly describe how it is required to be changed; and state when the person is required to comply with the direction.\n(sec.150-ssec.4) A person to whom a direction is given must comply with it, unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (4) —40 penalty units.\n- (a) the management, supervision or control of any part of a person’s general gaming operations (the management practice ) is unsatisfactory; and\n- (b) the management practice may adversely affect the integrity of the person’s conduct of games or the public interest.\n- (a) be in writing; and\n- (b) if the direction is to change the management practice—clearly describe how it is required to be changed; and\n- (c) state when the person is required to comply with the direction.","sortOrder":194},{"sectionNumber":"sec.151","sectionType":"section","heading":"Direction about conduct of general gaming","content":"### sec.151 Direction about conduct of general gaming\n\nThe chief executive may give a direction to a person about the person’s conduct of general gaming.\nThe direction must—\nbe in writing; and\nstate when the person is required to comply with the direction; and\nbe accompanied by, or include, an information notice about the chief executive’s decision to give the direction.\nA person to whom a direction is given under subsection (1) must comply with the direction, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\n(sec.151-ssec.1) The chief executive may give a direction to a person about the person’s conduct of general gaming.\n(sec.151-ssec.2) The direction must— be in writing; and state when the person is required to comply with the direction; and be accompanied by, or include, an information notice about the chief executive’s decision to give the direction.\n(sec.151-ssec.3) A person to whom a direction is given under subsection (1) must comply with the direction, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n- (a) be in writing; and\n- (b) state when the person is required to comply with the direction; and\n- (c) be accompanied by, or include, an information notice about the chief executive’s decision to give the direction.","sortOrder":195},{"sectionNumber":"sec.152","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.152 Forfeiture on conviction\n\nOn the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized—whether or not it has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.152-ssec.1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.152-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized—whether or not it has been returned to its owner.\n(sec.152-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.152-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized—whether or not it has been returned to its owner.","sortOrder":196},{"sectionNumber":"sec.153","sectionType":"section","heading":"Forfeiture on payment of infringement notice penalty","content":"### sec.153 Forfeiture on payment of infringement notice penalty\n\nThis section applies if—\nan offence against this Act is declared under another Act to be an infringement notice offence; and\na person is served with an infringement notice for the offence; and\nthe person pays the infringement notice penalty as required by the notice.\nThe chief executive may order the forfeiture to the State of—\nanything used to commit the alleged offence; or\nanything else the subject of the alleged offence.\nThe chief executive may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized—whether or not it has been returned to its owner.\ns 153 amd 2009 No. 24 s 397\n(sec.153-ssec.1) This section applies if— an offence against this Act is declared under another Act to be an infringement notice offence; and a person is served with an infringement notice for the offence; and the person pays the infringement notice penalty as required by the notice.\n(sec.153-ssec.2) The chief executive may order the forfeiture to the State of— anything used to commit the alleged offence; or anything else the subject of the alleged offence.\n(sec.153-ssec.3) The chief executive may make the order— whether or not the thing has been seized; and if the thing has been seized—whether or not it has been returned to its owner.\n- (a) an offence against this Act is declared under another Act to be an infringement notice offence; and\n- (b) a person is served with an infringement notice for the offence; and\n- (c) the person pays the infringement notice penalty as required by the notice.\n- (a) anything used to commit the alleged offence; or\n- (b) anything else the subject of the alleged offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized—whether or not it has been returned to its owner.","sortOrder":197},{"sectionNumber":"sec.154","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.154 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy the thing.\n(sec.154-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.154-ssec.2) Without limiting subsection (1) , the chief executive may destroy the thing.","sortOrder":198},{"sectionNumber":"sec.155","sectionType":"section","heading":"Notice of damage","content":"### sec.155 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an inspector damages something.\nThe inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the thing’s owner.\nIf the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the inspector reasonably believes is trivial.\nIn this section—\nowner , of a thing, includes the person in possession or control of it.\n(sec.155-ssec.1) This section applies if— an inspector damages something when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages something.\n(sec.155-ssec.2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the thing’s owner.\n(sec.155-ssec.3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice.\n(sec.155-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.155-ssec.5) This section does not apply to damage the inspector reasonably believes is trivial.\n(sec.155-ssec.6) In this section— owner , of a thing, includes the person in possession or control of it.\n- (a) an inspector damages something when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an inspector damages something.","sortOrder":199},{"sectionNumber":"sec.156","sectionType":"section","heading":"Compensation","content":"### sec.156 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 —\nsubdivision 1\nsubdivision 3\nsubdivision 4\nsubdivision 6 .\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.156-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 — subdivision 1 subdivision 3 subdivision 4 subdivision 6 .\n(sec.156-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.156-ssec.3) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.156-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.156-ssec.5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- • subdivision 1\n- • subdivision 3\n- • subdivision 4\n- • subdivision 6 .\n- (a) brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":200},{"sectionNumber":"sec.157","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.157 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\nan inspector; or\na person acting under the direction of an inspector.\n(sec.157-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.157-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.157-ssec.3) In this section— official means— the Minister; or the chief executive; or an inspector; or a person acting under the direction of an inspector.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) an inspector; or\n- (d) a person acting under the direction of an inspector.","sortOrder":201},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"General enforcement offences","content":"## General enforcement offences","sortOrder":202},{"sectionNumber":"sec.158","sectionType":"section","heading":"False or misleading statements","content":"### sec.158 False or misleading statements\n\nA person must not state anything to an inspector the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.158-ssec.1) A person must not state anything to an inspector the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.158-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":203},{"sectionNumber":"sec.159","sectionType":"section","heading":"False or misleading documents","content":"### sec.159 False or misleading documents\n\nA person must not give an inspector a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the inspector, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nAlso, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) or (3) to state that the document or entry was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.159-ssec.1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.159-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the inspector, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.159-ssec.3) Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.159-ssec.4) It is enough for a complaint against a person for an offence against subsection (1) or (3) to state that the document or entry was ‘false or misleading’ to the person’s knowledge, without specifying which.\n- (a) tells the inspector, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":204},{"sectionNumber":"sec.160","sectionType":"section","heading":"Obstructing inspectors","content":"### sec.160 Obstructing inspectors\n\nA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction.\nMaximum penalty—40 penalty units.\nIf a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to obstruct the inspector, unless the person has a reasonable excuse for the obstruction; and\nthe inspector considers the person’s conduct is an obstruction.\n(sec.160-ssec.1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction. Maximum penalty—40 penalty units.\n(sec.160-ssec.2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to obstruct the inspector, unless the person has a reasonable excuse for the obstruction; and the inspector considers the person’s conduct is an obstruction.\n- (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse for the obstruction; and\n- (b) the inspector considers the person’s conduct is an obstruction.","sortOrder":205},{"sectionNumber":"pt.7","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":206},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":207},{"sectionNumber":"sec.161","sectionType":"section","heading":"Application of division","content":"### sec.161 Application of division\n\nThis division applies to a proceeding under this Act.","sortOrder":208},{"sectionNumber":"sec.162","sectionType":"section","heading":"Appointments and authority","content":"### sec.162 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nan inspector’s appointment; or\nthe authority of the chief executive or an inspector to do anything under this Act.\n- (a) the chief executive’s appointment; or\n- (b) an inspector’s appointment; or\n- (c) the authority of the chief executive or an inspector to do anything under this Act.","sortOrder":209},{"sectionNumber":"sec.163","sectionType":"section","heading":"Signatures","content":"### sec.163 Signatures\n\nA signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.","sortOrder":210},{"sectionNumber":"sec.164","sectionType":"section","heading":"Evidentiary aids","content":"### sec.164 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\non a stated day, or during a stated period, a stated person was or was not the holder of a general licence;\non a stated day, or during a stated period, a general licence—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day, a general licence was suspended for a stated period or cancelled;\non a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or stated approval was, or was not, in force for a stated person or thing;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid;\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice, direction or requirement;\na general licence;\na record or an extract from a record;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (h) or (i) .\n- (a) on a stated day, or during a stated period, a stated person was or was not the holder of a general licence;\n- (b) on a stated day, or during a stated period, a general licence— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (c) on a stated day, a general licence was suspended for a stated period or cancelled;\n- (d) on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or stated approval was, or was not, in force for a stated person or thing;\n- (e) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (f) on a stated day, a stated requirement was made of a stated person;\n- (g) a stated amount is payable under this Act by a stated person and has not been paid;\n- (h) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a general licence; (iv) a record or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a general licence;\n- (iv) a record or an extract from a record;\n- (i) a stated document is another document kept under this Act;\n- (j) a stated document is a copy of a thing mentioned in paragraph (h) or (i) .\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a general licence;\n- (iv) a record or an extract from a record;","sortOrder":211},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":212},{"sectionNumber":"sec.165","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.165 Indictable and summary offences\n\nAn offence against section 105 , 106 or 108 is an indictable offence.\nAny other offence against this Act is a summary offence.\n(sec.165-ssec.1) An offence against section 105 , 106 or 108 is an indictable offence.\n(sec.165-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":213},{"sectionNumber":"sec.166","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.166 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n(sec.166-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.166-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers the charge should be prosecuted on indictment.\n(sec.166-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.166-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":214},{"sectionNumber":"sec.167","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.167 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.167-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.167-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":215},{"sectionNumber":"sec.168","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.168 Limitation on time for starting summary proceedings\n\nA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 may be started within—\n1 year after the offence is committed; or\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the offence is committed; or\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":216},{"sectionNumber":"sec.169","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.169 Responsibility for acts or omissions of representatives\n\nSubsections (2) and (3) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an unincorporated association—a member of the association, or an employee or agent of the association; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.169-ssec.1) Subsections (2) and (3) apply in a proceeding for an offence against this Act.\n(sec.169-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.169-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.169-ssec.4) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an unincorporated association—a member of the association, or an employee or agent of the association; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an unincorporated association—a member of the association, or an employee or agent of the association; or\n- (c) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":217},{"sectionNumber":"sec.170","sectionType":"section","heading":"Executive officer may be taken to have committed offence against s 20","content":"### sec.170 Executive officer may be taken to have committed offence against s 20\n\nIf a corporation commits an offence against section 20 , each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against section 20 whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against section 20 ;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 20 .\ns 170 sub 2013 No. 51 s 13\n(sec.170-ssec.1) If a corporation commits an offence against section 20 , each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.170-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 20 whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.170-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 20 ; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 20 .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against section 20 ;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 20 .","sortOrder":218},{"sectionNumber":"sec.171","sectionType":"section","heading":"Treatment of unincorporated associations","content":"### sec.171 Treatment of unincorporated associations\n\nThis section applies to the extent that, because of the definition of person in the dictionary, a provision of this Act that applies to a person is extended to apply also to an unincorporated association.\nSubject to subsection (6) , an obligation or liability that, apart from this subsection, would be imposed by the provision on an unincorporated association, is imposed on the management members of the association.\nAn amount that, apart from this subsection, would be payable under the provision by an unincorporated association, is payable by the management members of the association.\nIf, under the provision, an offence against this Act is taken to have been committed by an unincorporated association, the offence is taken to have been committed by the management members of the association.\nHowever, it is a defence for a management member to prove—\nif the member was in a position to influence the conduct of the association in relation to the offence—the member exercised reasonable diligence to ensure the association complied with the provision; or\nthe member was not in a position to influence the conduct of the association in relation to the offence.\nAlso, subsection (2) or (4) does not impose an obligation or liability under section 105 , 106 or 108 on a management member of an association.\n(sec.171-ssec.1) This section applies to the extent that, because of the definition of person in the dictionary, a provision of this Act that applies to a person is extended to apply also to an unincorporated association.\n(sec.171-ssec.2) Subject to subsection (6) , an obligation or liability that, apart from this subsection, would be imposed by the provision on an unincorporated association, is imposed on the management members of the association.\n(sec.171-ssec.3) An amount that, apart from this subsection, would be payable under the provision by an unincorporated association, is payable by the management members of the association.\n(sec.171-ssec.4) If, under the provision, an offence against this Act is taken to have been committed by an unincorporated association, the offence is taken to have been committed by the management members of the association.\n(sec.171-ssec.5) However, it is a defence for a management member to prove— if the member was in a position to influence the conduct of the association in relation to the offence—the member exercised reasonable diligence to ensure the association complied with the provision; or the member was not in a position to influence the conduct of the association in relation to the offence.\n(sec.171-ssec.6) Also, subsection (2) or (4) does not impose an obligation or liability under section 105 , 106 or 108 on a management member of an association.\n- (a) if the member was in a position to influence the conduct of the association in relation to the offence—the member exercised reasonable diligence to ensure the association complied with the provision; or\n- (b) the member was not in a position to influence the conduct of the association in relation to the offence.","sortOrder":219},{"sectionNumber":"sec.172","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.172 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nThe maximum penalty for an attempt is one-half the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.172-ssec.1) A person who attempts to commit an offence against this Act commits an offence.\n(sec.172-ssec.2) The maximum penalty for an attempt is one-half the maximum penalty for the completed offence.\n(sec.172-ssec.3) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":220},{"sectionNumber":"sec.173","sectionType":"section","heading":"Additional powers of court","content":"### sec.173 Additional powers of court\n\nOn the conviction of a person for an offence against section 18 , 19 or 20 , the court may order the forfeiture to the State of an amount received by the person in conducting a game in contravention of the section.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.173-ssec.1) On the conviction of a person for an offence against section 18 , 19 or 20 , the court may order the forfeiture to the State of an amount received by the person in conducting a game in contravention of the section.\n(sec.173-ssec.2) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.173-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":221},{"sectionNumber":"pt.8","sectionType":"part","heading":"Review of decisions by tribunal","content":"# Review of decisions by tribunal","sortOrder":222},{"sectionNumber":"sec.174","sectionType":"section","heading":"Who may apply for review","content":"### sec.174 Who may apply for review\n\nSubsection (2) applies if the chief executive makes a decision—\nrefusing an application for a general licence; or\nimposing a condition on a general licence; or\nchanging a condition on a general licence; or\nsuspending or cancelling a general licence; or\nrefusing an application for renewal of a general licence; or\nrefusing an application to amend a general licence; or\nappointing an administrator to conduct a general licensee’s operations under a general licence; or\napproving regulated general gaming equipment or a modification of the equipment, with conditions; or\nrefusing to approve regulated general gaming equipment or a modification of the equipment; or\nimposing a condition on an approval of regulated general gaming equipment or a modification of the equipment; or\nvarying a condition of an approval of regulated general gaming equipment or a modification of the equipment.\nThe applicant or licensee may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.\nSubsection (4) applies if chief executive orders, under section 153 (2) , the forfeiture to the State of—\nanything used to commit the alleged offence; or\nanything else the subject of the alleged offence.\nThe owner of the thing may apply, as provided under the QCAT Act , to the tribunal for a review of the chief executive’s decision to make the order.\nThe owner of a thing seized by an inspector may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of an inspector under section 134 to forfeit the thing.\ns 174 amd 1999 No. 77 s 168\nsub 2009 No. 24 s 398\namd 2022 No. 23 s 42\n(sec.174-ssec.1) Subsection (2) applies if the chief executive makes a decision— refusing an application for a general licence; or imposing a condition on a general licence; or changing a condition on a general licence; or suspending or cancelling a general licence; or refusing an application for renewal of a general licence; or refusing an application to amend a general licence; or appointing an administrator to conduct a general licensee’s operations under a general licence; or approving regulated general gaming equipment or a modification of the equipment, with conditions; or refusing to approve regulated general gaming equipment or a modification of the equipment; or imposing a condition on an approval of regulated general gaming equipment or a modification of the equipment; or varying a condition of an approval of regulated general gaming equipment or a modification of the equipment.\n(sec.174-ssec.2) The applicant or licensee may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.\n(sec.174-ssec.3) Subsection (4) applies if chief executive orders, under section 153 (2) , the forfeiture to the State of— anything used to commit the alleged offence; or anything else the subject of the alleged offence.\n(sec.174-ssec.4) The owner of the thing may apply, as provided under the QCAT Act , to the tribunal for a review of the chief executive’s decision to make the order.\n(sec.174-ssec.5) The owner of a thing seized by an inspector may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of an inspector under section 134 to forfeit the thing.\n- (a) refusing an application for a general licence; or\n- (b) imposing a condition on a general licence; or\n- (c) changing a condition on a general licence; or\n- (d) suspending or cancelling a general licence; or\n- (e) refusing an application for renewal of a general licence; or\n- (f) refusing an application to amend a general licence; or\n- (g) appointing an administrator to conduct a general licensee’s operations under a general licence; or\n- (h) approving regulated general gaming equipment or a modification of the equipment, with conditions; or\n- (i) refusing to approve regulated general gaming equipment or a modification of the equipment; or\n- (j) imposing a condition on an approval of regulated general gaming equipment or a modification of the equipment; or\n- (k) varying a condition of an approval of regulated general gaming equipment or a modification of the equipment.\n- (a) anything used to commit the alleged offence; or\n- (b) anything else the subject of the alleged offence.","sortOrder":223},{"sectionNumber":"sec.175","sectionType":"section","heading":"Tribunal to decide review on evidence before the chief executive","content":"### sec.175 Tribunal to decide review on evidence before the chief executive\n\nIn a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—\nhear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\ndecide the review of the decision in accordance with the same law that applied to the making of the original decision.\nIf the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—\nheard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\ndecided in accordance with the same law that applied to the making of the original decision.\nIn this section—\noriginal decision means the decision of the chief executive to which the proceeding for the review relates.\ns 175 sub 2009 No. 24 s 398\n(sec.175-ssec.1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n(sec.175-ssec.2) If the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision.\n(sec.175-ssec.3) In this section— original decision means the decision of the chief executive to which the proceeding for the review relates.\n- (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\n- (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n- (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\n- (b) decided in accordance with the same law that applied to the making of the original decision.","sortOrder":224},{"sectionNumber":"sec.176","sectionType":"section","heading":"Tribunal may give leave for review to be decided on new evidence in particular circumstances","content":"### sec.176 Tribunal may give leave for review to be decided on new evidence in particular circumstances\n\nDespite section 175 , the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied—\nthe party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and\nin the circumstances, it would be unfair not to allow the party to present the new evidence.\nIf the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\nIn this section—\nnew evidence means evidence that was not before the chief executive when the decision was made.\ns 176 amd 2002 No. 66 s 4\nsub 2009 No. 24 s 398\n(sec.176-ssec.1) Despite section 175 , the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied— the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and in the circumstances, it would be unfair not to allow the party to present the new evidence.\n(sec.176-ssec.2) If the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\n(sec.176-ssec.3) In this section— new evidence means evidence that was not before the chief executive when the decision was made.\n- (a) the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and\n- (b) in the circumstances, it would be unfair not to allow the party to present the new evidence.","sortOrder":225},{"sectionNumber":"sec.177","sectionType":"section","heading":"Appeals from tribunal only to Court of Appeal on a question of law","content":"### sec.177 Appeals from tribunal only to Court of Appeal on a question of law\n\nThis section applies to a decision of the tribunal (the tribunal decision ) in a proceeding for a review of a decision mentioned in section 174 .\nThe QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\nA party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.\nTo remove any doubt, it is declared that the QCAT Act , section 149 does not apply to the tribunal decision.\nSee the QCAT Act , sections 151 to 153 , 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.\ns 177 sub 2009 No. 24 s 398\n(sec.177-ssec.1) This section applies to a decision of the tribunal (the tribunal decision ) in a proceeding for a review of a decision mentioned in section 174 .\n(sec.177-ssec.2) The QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\n(sec.177-ssec.3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.\n(sec.177-ssec.4) To remove any doubt, it is declared that the QCAT Act , section 149 does not apply to the tribunal decision. See the QCAT Act , sections 151 to 153 , 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.","sortOrder":226},{"sectionNumber":"pt.8A","sectionType":"part","heading":"Two-up on designated day","content":"# Two-up on designated day","sortOrder":227},{"sectionNumber":"sec.178","sectionType":"section","heading":"Meaning of two-up","content":"### sec.178 Meaning of two-up\n\nTwo-up means two-up conducted in a ring controlled by a ringkeeper in which—\na spinner standing within the ring uses a kip to toss two or three coins in the air; and\nplayers wager on the outcome of the coin toss before the spinner tosses the coins.\nIn this section—\nkip means a wooden bat, or similar instrument, from which the coins are thrown.\nring means the area inside boundaries drawn or identified by the ringkeeper.\nringkeeper means the person who controls the spinner and administers the rules.\nspinner means a player who has elected to toss the coins and has entered the centre of the ring.\ns 178 prev s 178 om 2009 No. 24 s 398\npres s 178 ins 2012 No. 2 s 3\n(sec.178-ssec.1) Two-up means two-up conducted in a ring controlled by a ringkeeper in which— a spinner standing within the ring uses a kip to toss two or three coins in the air; and players wager on the outcome of the coin toss before the spinner tosses the coins.\n(sec.178-ssec.2) In this section— kip means a wooden bat, or similar instrument, from which the coins are thrown. ring means the area inside boundaries drawn or identified by the ringkeeper. ringkeeper means the person who controls the spinner and administers the rules. spinner means a player who has elected to toss the coins and has entered the centre of the ring.\n- (a) a spinner standing within the ring uses a kip to toss two or three coins in the air; and\n- (b) players wager on the outcome of the coin toss before the spinner tosses the coins.","sortOrder":228},{"sectionNumber":"sec.179","sectionType":"section","heading":"Lawful two-up","content":"### sec.179 Lawful two-up\n\nTwo-up that complies with this section is lawful.\nFor subsection (1) , two-up complies with this section if it complies with the following—\nit is conducted by—\nan RSL or Services Club on premises for which the RSL or Services Club is the licensee under the Liquor Act 1992 ; or\na person approved in writing by an RSL sub-branch at a function on premises which are licensed under the Liquor Act 1992 ;\nit is played on a designated day as part of the commemoration of the designated day;\nit is not played by a minor;\neither of the following makes the rules readily available for players to read before playing—\nthe RSL or Services Club mentioned in paragraph (a) (i) ;\nthe person approved in writing under paragraph (a) (ii) ;\nif it is played with rules in addition to those mentioned in the definition in section 178 (1) —those rules are in the spirit of the traditional rules of two-up;\nthe RSL or Services Club mentioned in paragraph (a) (i) or person approved in writing under paragraph (a) (ii) —\ndoes not charge an entry fee for playing; or\ncharges an entry fee that is paid to the RSL or an RSL sub-branch to be used to support ex-service men and women and their families;\nthe proceeds derived from it, other than an amount from an entry fee mentioned in paragraph (f) (ii) , are returned to the players as winnings.\ns 179 prev s 179 amd 2005 No. 12 s 88 sch\nom 2009 No. 24 s 398\npres s 179 ins 2012 No. 2 s 3\n(sec.179-ssec.1) Two-up that complies with this section is lawful.\n(sec.179-ssec.2) For subsection (1) , two-up complies with this section if it complies with the following— it is conducted by— an RSL or Services Club on premises for which the RSL or Services Club is the licensee under the Liquor Act 1992 ; or a person approved in writing by an RSL sub-branch at a function on premises which are licensed under the Liquor Act 1992 ; it is played on a designated day as part of the commemoration of the designated day; it is not played by a minor; either of the following makes the rules readily available for players to read before playing— the RSL or Services Club mentioned in paragraph (a) (i) ; the person approved in writing under paragraph (a) (ii) ; if it is played with rules in addition to those mentioned in the definition in section 178 (1) —those rules are in the spirit of the traditional rules of two-up; the RSL or Services Club mentioned in paragraph (a) (i) or person approved in writing under paragraph (a) (ii) — does not charge an entry fee for playing; or charges an entry fee that is paid to the RSL or an RSL sub-branch to be used to support ex-service men and women and their families; the proceeds derived from it, other than an amount from an entry fee mentioned in paragraph (f) (ii) , are returned to the players as winnings.\n- (a) it is conducted by— (i) an RSL or Services Club on premises for which the RSL or Services Club is the licensee under the Liquor Act 1992 ; or (ii) a person approved in writing by an RSL sub-branch at a function on premises which are licensed under the Liquor Act 1992 ;\n- (i) an RSL or Services Club on premises for which the RSL or Services Club is the licensee under the Liquor Act 1992 ; or\n- (ii) a person approved in writing by an RSL sub-branch at a function on premises which are licensed under the Liquor Act 1992 ;\n- (b) it is played on a designated day as part of the commemoration of the designated day;\n- (c) it is not played by a minor;\n- (d) either of the following makes the rules readily available for players to read before playing— (i) the RSL or Services Club mentioned in paragraph (a) (i) ; (ii) the person approved in writing under paragraph (a) (ii) ;\n- (i) the RSL or Services Club mentioned in paragraph (a) (i) ;\n- (ii) the person approved in writing under paragraph (a) (ii) ;\n- (e) if it is played with rules in addition to those mentioned in the definition in section 178 (1) —those rules are in the spirit of the traditional rules of two-up;\n- (f) the RSL or Services Club mentioned in paragraph (a) (i) or person approved in writing under paragraph (a) (ii) — (i) does not charge an entry fee for playing; or (ii) charges an entry fee that is paid to the RSL or an RSL sub-branch to be used to support ex-service men and women and their families;\n- (i) does not charge an entry fee for playing; or\n- (ii) charges an entry fee that is paid to the RSL or an RSL sub-branch to be used to support ex-service men and women and their families;\n- (g) the proceeds derived from it, other than an amount from an entry fee mentioned in paragraph (f) (ii) , are returned to the players as winnings.\n- (i) an RSL or Services Club on premises for which the RSL or Services Club is the licensee under the Liquor Act 1992 ; or\n- (ii) a person approved in writing by an RSL sub-branch at a function on premises which are licensed under the Liquor Act 1992 ;\n- (i) the RSL or Services Club mentioned in paragraph (a) (i) ;\n- (ii) the person approved in writing under paragraph (a) (ii) ;\n- (i) does not charge an entry fee for playing; or\n- (ii) charges an entry fee that is paid to the RSL or an RSL sub-branch to be used to support ex-service men and women and their families;","sortOrder":229},{"sectionNumber":"sec.180","sectionType":"section","heading":"Two-up not category 1, 2, 3 or 4 game","content":"### sec.180 Two-up not category 1, 2, 3 or 4 game\n\nTwo-up under section 179 is not a category 1, 2, 3 or 4 game.\ns 180 prev s 180 om 2009 No. 24 s 398\npres s 180 ins 2012 No. 2 s 3","sortOrder":230},{"sectionNumber":"sec.180A","sectionType":"section","heading":null,"content":"### Section sec.180A\n\ns 180A ins 2004 No. 21 s 27\nom 2009 No. 24 s 398","sortOrder":231},{"sectionNumber":"sec.181","sectionType":"section","heading":"Interaction with Casino Acts","content":"### sec.181 Interaction with Casino Acts\n\nThe State may permit or approve the conduct or playing of two-up on a designated day under this part despite the provisions of the Casino Acts which grant casinos the exclusive right to conduct or play two-up.\nTo remove doubt, it is declared that a provision of the Casino Acts includes a provision of an agreement made under the Casino Acts.\nIn this section—\nCasino Acts means the following Acts—\nBreakwater Island Casino Agreement Act 1984 ;\nBrisbane Casino Agreement Act 1992 ;\nCairns Casino Agreement Act 1993 ;\nJupiters Casino Agreement Act 1983 .\ns 181 prev s 181 om 2009 No. 24 s 398\npres s 181 ins 2012 No. 2 s 3\n(sec.181-ssec.1) The State may permit or approve the conduct or playing of two-up on a designated day under this part despite the provisions of the Casino Acts which grant casinos the exclusive right to conduct or play two-up.\n(sec.181-ssec.2) To remove doubt, it is declared that a provision of the Casino Acts includes a provision of an agreement made under the Casino Acts.\n(sec.181-ssec.3) In this section— Casino Acts means the following Acts— Breakwater Island Casino Agreement Act 1984 ; Brisbane Casino Agreement Act 1992 ; Cairns Casino Agreement Act 1993 ; Jupiters Casino Agreement Act 1983 .\n- (a) Breakwater Island Casino Agreement Act 1984 ;\n- (b) Brisbane Casino Agreement Act 1992 ;\n- (c) Cairns Casino Agreement Act 1993 ;\n- (d) Jupiters Casino Agreement Act 1983 .","sortOrder":232},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":233},{"sectionNumber":"sec.182","sectionType":"section","heading":"Recovery of amounts","content":"### sec.182 Recovery of amounts\n\nThe amount of a fee payable by a person under this Act is a debt payable by the person to the State.","sortOrder":234},{"sectionNumber":"sec.183","sectionType":"section","heading":"Confidentiality of information","content":"### sec.183 Confidentiality of information\n\nA person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to the disclosure of confidential information by a person—\nfor a purpose under this Act or a gaming Act; or\nwith a lawful excuse; or\nunder an approval of the chief executive under this section.\nThe chief executive may approve the disclosure of confidential information by a person to—\nan entity prescribed under a regulation; or\nan officer, employee or member of the entity; or\na stated department, person or other entity.\nBefore giving an approval for subsection (3) (c) , the chief executive must—\ngive notice of the proposed approval to any person the chief executive considers is likely to be affected adversely by the disclosure; and\ngive the person the opportunity of making a submission about the proposed approval within the time, of not less than 14 days, stated in the notice.\nIf confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.\nIn this section—\nconfidential information means information, other than information that is publicly available, about—\na person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or\na person making an application under this Act.\ns 183 amd 2004 No. 21 s 28 ; 2005 No. 12 s 13\n(sec.183-ssec.1) A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.183-ssec.2) Subsection (1) does not apply to the disclosure of confidential information by a person— for a purpose under this Act or a gaming Act; or with a lawful excuse; or under an approval of the chief executive under this section.\n(sec.183-ssec.3) The chief executive may approve the disclosure of confidential information by a person to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity.\n(sec.183-ssec.4) Before giving an approval for subsection (3) (c) , the chief executive must— give notice of the proposed approval to any person the chief executive considers is likely to be affected adversely by the disclosure; and give the person the opportunity of making a submission about the proposed approval within the time, of not less than 14 days, stated in the notice.\n(sec.183-ssec.5) If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.\n(sec.183-ssec.6) In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act.\n- (a) for a purpose under this Act or a gaming Act; or\n- (b) with a lawful excuse; or\n- (c) under an approval of the chief executive under this section.\n- (a) an entity prescribed under a regulation; or\n- (b) an officer, employee or member of the entity; or\n- (c) a stated department, person or other entity.\n- (a) give notice of the proposed approval to any person the chief executive considers is likely to be affected adversely by the disclosure; and\n- (b) give the person the opportunity of making a submission about the proposed approval within the time, of not less than 14 days, stated in the notice.\n- (a) a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or\n- (b) a person making an application under this Act.","sortOrder":235},{"sectionNumber":"sec.183A","sectionType":"section","heading":"Prohibition on control of application for category 3 gaming licence","content":"### sec.183A Prohibition on control of application for category 3 gaming licence\n\nA person, other than an approved person, must not have or gain—\ncontrol over an application, or the content of an application, by an eligible association; or\nthe ability to control an application or the content of an application by an eligible association; or\nthe ability to interpose between the holder of a category 3 gaming licence and the chief executive in relation to an application made by the holder.\nMaximum penalty—200 penalty units.\nIn this section—\napplication means an application for, or to renew, a category 3 gaming licence.\napproved person , in relation to an application by an eligible association, means a person who is, and is acting in the capacity of, the secretary, an executive officer or a member of the association.\ns 183A ins 2008 No. 2 s 20\n(sec.183A-ssec.1) A person, other than an approved person, must not have or gain— control over an application, or the content of an application, by an eligible association; or the ability to control an application or the content of an application by an eligible association; or the ability to interpose between the holder of a category 3 gaming licence and the chief executive in relation to an application made by the holder. Maximum penalty—200 penalty units.\n(sec.183A-ssec.2) In this section— application means an application for, or to renew, a category 3 gaming licence. approved person , in relation to an application by an eligible association, means a person who is, and is acting in the capacity of, the secretary, an executive officer or a member of the association.\n- (a) control over an application, or the content of an application, by an eligible association; or\n- (b) the ability to control an application or the content of an application by an eligible association; or\n- (c) the ability to interpose between the holder of a category 3 gaming licence and the chief executive in relation to an application made by the holder.","sortOrder":236},{"sectionNumber":"sec.183B","sectionType":"section","heading":"Prohibition on control of category 3 gaming operations","content":"### sec.183B Prohibition on control of category 3 gaming operations\n\nA person, other than an approved person, must not have or gain—\ncontrol over the conduct of a category 3 game; or\nthe ability to control the conduct of a category 3 game.\nMaximum penalty—200 penalty units.\nFor subsection (1) , a person has or gains control over, or has or gains the ability to control, the conduct of a category 3 game if the person—\nhas or gains the capacity to dominate, directly or indirectly, decision-making about policies for the conduct of the game; or\nhas or gains the capacity to enjoy the majority of the benefits, and to be exposed to the majority of the risks, associated with the conduct of the game.\nIn this section—\napproved person , in relation to the conduct of a category 3 game, means a person who is, and is acting in the capacity of, the secretary, an executive officer or a member of the eligible association that holds the category 3 gaming licence for the conduct of the game.\ns 183B ins 2008 No. 2 s 20\n(sec.183B-ssec.1) A person, other than an approved person, must not have or gain— control over the conduct of a category 3 game; or the ability to control the conduct of a category 3 game. Maximum penalty—200 penalty units.\n(sec.183B-ssec.2) For subsection (1) , a person has or gains control over, or has or gains the ability to control, the conduct of a category 3 game if the person— has or gains the capacity to dominate, directly or indirectly, decision-making about policies for the conduct of the game; or has or gains the capacity to enjoy the majority of the benefits, and to be exposed to the majority of the risks, associated with the conduct of the game.\n(sec.183B-ssec.3) In this section— approved person , in relation to the conduct of a category 3 game, means a person who is, and is acting in the capacity of, the secretary, an executive officer or a member of the eligible association that holds the category 3 gaming licence for the conduct of the game.\n- (a) control over the conduct of a category 3 game; or\n- (b) the ability to control the conduct of a category 3 game.\n- (a) has or gains the capacity to dominate, directly or indirectly, decision-making about policies for the conduct of the game; or\n- (b) has or gains the capacity to enjoy the majority of the benefits, and to be exposed to the majority of the risks, associated with the conduct of the game.","sortOrder":237},{"sectionNumber":"sec.184","sectionType":"section","heading":"Delegations","content":"### sec.184 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to—\nthe chief executive; or\nan appropriately qualified inspector or an appropriately qualified officer of the department.\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the public service\ns 184 amd 2005 No. 12 s 14\n(sec.184-ssec.1) The Minister may delegate the Minister’s powers under this Act to— the chief executive; or an appropriately qualified inspector or an appropriately qualified officer of the department.\n(sec.184-ssec.2) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.\n(sec.184-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the public service\n- (a) the chief executive; or\n- (b) an appropriately qualified inspector or an appropriately qualified officer of the department.","sortOrder":238},{"sectionNumber":"sec.184A","sectionType":"section","heading":"Chief executive may issue guidelines","content":"### sec.184A Chief executive may issue guidelines\n\nThe chief executive may issue guidelines to inform persons about—\nthe attitude the chief executive is likely to adopt on a particular matter; or\nhow the chief executive administers this Act.\nThe chief executive may issue a guideline about corporate governance practices for the planning, supervising and reporting of category 3 games.\nThe chief executive must keep copies of the guidelines available for inspection, free of charge, by members of the public at—\nthe department’s head office and regional offices; and\nother places the chief executive considers appropriate.\nAlso, the chief executive must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge.\ns 184A ins 2008 No. 2 s 21\n(sec.184A-ssec.1) The chief executive may issue guidelines to inform persons about— the attitude the chief executive is likely to adopt on a particular matter; or how the chief executive administers this Act. The chief executive may issue a guideline about corporate governance practices for the planning, supervising and reporting of category 3 games.\n(sec.184A-ssec.2) The chief executive must keep copies of the guidelines available for inspection, free of charge, by members of the public at— the department’s head office and regional offices; and other places the chief executive considers appropriate.\n(sec.184A-ssec.3) Also, the chief executive must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge.\n- (a) the attitude the chief executive is likely to adopt on a particular matter; or\n- (b) how the chief executive administers this Act.\n- (a) the department’s head office and regional offices; and\n- (b) other places the chief executive considers appropriate.","sortOrder":239},{"sectionNumber":"sec.185","sectionType":"section","heading":"Approval of forms","content":"### sec.185 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":240},{"sectionNumber":"sec.186","sectionType":"section","heading":"Regulation-making power","content":"### sec.186 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nbe about fees; or\nimpose a penalty of not more than 20 penalty units for contravention of a regulation; or\nbe about—\nan advertisement for a game; or\nrefunding a fee paid to enter a game; or\nthe order of drawing 2 or more prizes offered in a game; or\na prize in a game; or\nbe about the methods of payment used—\nwith general gaming equipment; or\nto participate in a game; or\nfor paying prizes or refunding a fee paid to enter a game.\ns 186 amd 2005 No. 12 s 88 sch ; 2009 No. 41 s 17 ; 2022 No. 23 s 43\n(sec.186-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.186-ssec.2) A regulation may— be about fees; or impose a penalty of not more than 20 penalty units for contravention of a regulation; or be about— an advertisement for a game; or refunding a fee paid to enter a game; or the order of drawing 2 or more prizes offered in a game; or a prize in a game; or be about the methods of payment used— with general gaming equipment; or to participate in a game; or for paying prizes or refunding a fee paid to enter a game.\n- (a) be about fees; or\n- (b) impose a penalty of not more than 20 penalty units for contravention of a regulation; or\n- (c) be about— (i) an advertisement for a game; or (ii) refunding a fee paid to enter a game; or (iii) the order of drawing 2 or more prizes offered in a game; or (iv) a prize in a game; or\n- (i) an advertisement for a game; or\n- (ii) refunding a fee paid to enter a game; or\n- (iii) the order of drawing 2 or more prizes offered in a game; or\n- (iv) a prize in a game; or\n- (d) be about the methods of payment used— (i) with general gaming equipment; or (ii) to participate in a game; or (iii) for paying prizes or refunding a fee paid to enter a game.\n- (i) with general gaming equipment; or\n- (ii) to participate in a game; or\n- (iii) for paying prizes or refunding a fee paid to enter a game.\n- (i) an advertisement for a game; or\n- (ii) refunding a fee paid to enter a game; or\n- (iii) the order of drawing 2 or more prizes offered in a game; or\n- (iv) a prize in a game; or\n- (i) with general gaming equipment; or\n- (ii) to participate in a game; or\n- (iii) for paying prizes or refunding a fee paid to enter a game.","sortOrder":241},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions and repeal","content":"# Transitional provisions and repeal","sortOrder":242},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Transitional provisions and repeal provision for Act No. 26 of 1999","content":"## Transitional provisions and repeal provision for Act No. 26 of 1999","sortOrder":243},{"sectionNumber":"sec.187","sectionType":"section","heading":"Definition for div 1","content":"### sec.187 Definition for div 1\n\nIn this division—\nrepealed Act means the Art Unions Act 1992 .\ns 187 amd 2005 No. 12 s 88 sch","sortOrder":244},{"sectionNumber":"sec.188","sectionType":"section","heading":"References to repealed Act","content":"### sec.188 References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken to be a reference to this Act.","sortOrder":245},{"sectionNumber":"sec.189","sectionType":"section","heading":"Continuation of conduct of art unions","content":"### sec.189 Continuation of conduct of art unions\n\nAn art union started under the repealed Act that has not finished before the commencement of this section may be continued from the commencement as if the art union were a game.","sortOrder":246},{"sectionNumber":"sec.190","sectionType":"section","heading":"Existing approvals for lucky envelope vending machines","content":"### sec.190 Existing approvals for lucky envelope vending machines\n\nThis section applies to an approval for a lucky envelope vending machine given under section 66 of the repealed Act and in force immediately before the commencement of this section.\nThe approval continues in force as if it were an approval for a lucky envelope vending machine given under section 100 of this Act.\nHowever, if the approval was given more than 2 years before the commencement, the approval continues in force only for 1 year from the commencement.\n(sec.190-ssec.1) This section applies to an approval for a lucky envelope vending machine given under section 66 of the repealed Act and in force immediately before the commencement of this section.\n(sec.190-ssec.2) The approval continues in force as if it were an approval for a lucky envelope vending machine given under section 100 of this Act.\n(sec.190-ssec.3) However, if the approval was given more than 2 years before the commencement, the approval continues in force only for 1 year from the commencement.","sortOrder":247},{"sectionNumber":"sec.191","sectionType":"section","heading":"Existing licences and permits","content":"### sec.191 Existing licences and permits\n\nA licence or permit in force under the repealed Act immediately before the commencement of this section continues in force from the commencement, subject to this Act, as if it were—\nfor a licence to print and supply lucky envelopes—a lucky envelope printer licence; or\nfor a bingo centre licence—a bingo centre licence; or\nfor a permit to conduct a major art union under which the permit holder conducted an art union with gross proceeds of more than $20,000—a category 3 gaming licence; or\nfor a permit to conduct a calcutta sweep under which the permit holder conducted calcutta sweeps with gross proceeds of more than $20,000—a category 3 gaming licence.\n- (a) for a licence to print and supply lucky envelopes—a lucky envelope printer licence; or\n- (b) for a bingo centre licence—a bingo centre licence; or\n- (c) for a permit to conduct a major art union under which the permit holder conducted an art union with gross proceeds of more than $20,000—a category 3 gaming licence; or\n- (d) for a permit to conduct a calcutta sweep under which the permit holder conducted calcutta sweeps with gross proceeds of more than $20,000—a category 3 gaming licence.","sortOrder":248},{"sectionNumber":"sec.192","sectionType":"section","heading":"Existing orders etc.","content":"### sec.192 Existing orders etc.\n\nAn order, direction, requirement or decision of the Minister, chief executive or an inspector under the repealed Act is, if its effect is not exhausted at the commencement of this section, subject to appeal under this Act in the same way as if it were an order, direction, requirement or decision of the Minister, chief executive or an inspector under this Act.","sortOrder":249},{"sectionNumber":"sec.193","sectionType":"section","heading":"Inspectors","content":"### sec.193 Inspectors\n\nA person who, immediately before the commencement of this section, was an inspector under the repealed Act is taken from the commencement to be an inspector appointed under this Act.","sortOrder":250},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 exp 1 December 2000 (see s 194(4))","sortOrder":251},{"sectionNumber":"sec.195","sectionType":"section","heading":"Repeal","content":"### sec.195 Repeal\n\nThe Art Unions Act 1992 is repealed.","sortOrder":252},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2005","content":"## Transitional provisions for Gambling Legislation Amendment Act 2005","sortOrder":253},{"sectionNumber":"sec.196","sectionType":"section","heading":"Definitions for div 2","content":"### sec.196 Definitions for div 2\n\nIn this division—\ncommencement means the day the provision in which the term is used commences.\npost-amended Act means this Act as in force immediately after the commencement.\ns 196 ins 2005 No. 12 s 15","sortOrder":254},{"sectionNumber":"sec.197","sectionType":"section","heading":"Inspectors","content":"### sec.197 Inspectors\n\nA person who was an inspector immediately before the commencement is taken to be an inspector appointed under the post-amended Act, section 111.\ns 197 ins 2005 No. 12 s 15","sortOrder":255},{"sectionNumber":"sec.198","sectionType":"section","heading":"Audit program for inspectors","content":"### sec.198 Audit program for inspectors\n\nThe program that, immediately before the commencement, was the program approved by the Minister under section 113(1) of this Act as in force before the commencement is taken to be the approved audit program under the post-amended Act, section 118.\ns 198 ins 2005 No. 12 s 15","sortOrder":256},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2008","content":"## Transitional provisions for Gambling Legislation Amendment Act 2008","sortOrder":257},{"sectionNumber":"sec.199","sectionType":"section","heading":"Third party operator agreements—pt 3, div 1A","content":"### sec.199 Third party operator agreements—pt 3, div 1A\n\nThis section applies if, on its commencement, an eligible association has entered into an agreement with an entity for the entity to help the eligible association with any of the following matters in relation to an art union—\nthe sale of tickets in the art union;\nreceiving and banking money from the sale;\naccounting for the proceeds of the sale.\nOn the commencement—\nthe entity is taken to be a third party operator; and\nthe agreement is taken to be a third party operator agreement.\nIf the agreement is in writing, the eligible association must, within 28 days after the commencement, give a copy of the agreement to the chief executive.\nMaximum penalty—100 penalty units.\nIf the agreement is not in writing, within 28 days after the commencement or, if the chief executive has approved a longer period, within the longer period—\nthe eligible association and the third party operator must reduce the terms of the agreement to writing; and\nthe eligible association must give a copy of the written agreement to the chief executive.\nMaximum penalty—100 penalty units.\nThe chief executive may approve a longer period if—\nthe eligible association asks the chief executive to approve a longer period and gives reasons for the request; and\nthe chief executive is satisfied that, for the reasons given, the longer period is necessary.\nThe parties have not reached agreement about the written terms of the third party operator agreement.\nSections 22C and 22D apply to an amendment of an agreement entered into before the commencement and taken, under subsection (1), to be a third party operator agreement.\ns 199 ins 2008 No. 2 s 22\n(sec.199-ssec.1) This section applies if, on its commencement, an eligible association has entered into an agreement with an entity for the entity to help the eligible association with any of the following matters in relation to an art union— the sale of tickets in the art union; receiving and banking money from the sale; accounting for the proceeds of the sale.\n(sec.199-ssec.2) On the commencement— the entity is taken to be a third party operator; and the agreement is taken to be a third party operator agreement.\n(sec.199-ssec.3) If the agreement is in writing, the eligible association must, within 28 days after the commencement, give a copy of the agreement to the chief executive. Maximum penalty—100 penalty units.\n(sec.199-ssec.4) If the agreement is not in writing, within 28 days after the commencement or, if the chief executive has approved a longer period, within the longer period— the eligible association and the third party operator must reduce the terms of the agreement to writing; and the eligible association must give a copy of the written agreement to the chief executive. Maximum penalty—100 penalty units.\n(sec.199-ssec.5) The chief executive may approve a longer period if— the eligible association asks the chief executive to approve a longer period and gives reasons for the request; and the chief executive is satisfied that, for the reasons given, the longer period is necessary. The parties have not reached agreement about the written terms of the third party operator agreement.\n(sec.199-ssec.6) Sections 22C and 22D apply to an amendment of an agreement entered into before the commencement and taken, under subsection (1), to be a third party operator agreement.\n- (a) the sale of tickets in the art union;\n- (b) receiving and banking money from the sale;\n- (c) accounting for the proceeds of the sale.\n- (a) the entity is taken to be a third party operator; and\n- (b) the agreement is taken to be a third party operator agreement.\n- (a) the eligible association and the third party operator must reduce the terms of the agreement to writing; and\n- (b) the eligible association must give a copy of the written agreement to the chief executive.\n- (a) the eligible association asks the chief executive to approve a longer period and gives reasons for the request; and\n- (b) the chief executive is satisfied that, for the reasons given, the longer period is necessary. Example of reason— The parties have not reached agreement about the written terms of the third party operator agreement.","sortOrder":258}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.10(4) and sec.10(5) definition of 'constituent unit'","severity":"medium","reasoning":"Section 10(4) declares constituent units to be eligible associations, but constituent units are by definition creatures of the parent association's rules. They would ordinarily lack the independent constitutional, financial and governance infrastructure required by ss(2) and (3). The Act creates eligibility by declaration without requiring the qualifying conditions to actually be met.","confidence":0.72,"description":"Circular definition: a 'constituent unit of an eligible association is also an eligible association', but 'constituent unit' is defined as a body established under the association's rules. This means a constituent unit must satisfy the requirements of an eligible association (including having its own management committee, treasurer, banking accounts, constitution with dissolution clause etc.), yet a branch or sub-branch established under a parent body's rules will typically not have independent banking accounts, its own constitution, or an elected committee serving one-year terms separate from the parent. The provision bootstraps eligibility without requiring the constituent unit to independently satisfy subsections (2) and (3)."},{"type":"other","section":"sec.10(5) definition of 'educational purpose' — subparagraph numbering","severity":"low","reasoning":"Legislative drafting error: subparagraphs (i), (ii), (iii) and then (vi) appear with no (iv) or (v). While courts would likely read (vi) as the fourth item, the gap could raise doubt in enforcement contexts and indicates a drafting defect.","confidence":0.85,"description":"The subparagraphs under 'educational purpose' jump from (iii) to (vi), omitting (iv) and (v). This creates an apparent numbering gap that is not merely cosmetic — it suggests either provisions were deleted without renumbering (leaving the scheme incomplete) or that the numbering error could create interpretive confusion about whether subparagraph (vi) was intended to be (iv)."},{"type":"other","section":"sec.3(3)(c) and sec.18(2)","severity":"low","reasoning":"The object at s 3(3)(c) says 'prevent individuals... from deriving personal gain' in absolute terms, but the Act only prohibits this in some contexts and for some licence categories, not universally. This is a mismatch between the stated object and the operative effect of the Act.","confidence":0.65,"description":"The Act's object includes 'prevent[ing] individuals engaged in conducting general gaming from deriving personal gain from it', yet section 18(2) expressly permits any individual to conduct a category 1 game provided they derive no personal gain. The object is stated as an absolute prevention, but the operative provision merely conditions personal gain. These are not contradictory but the object is over-stated — it purports to prevent personal gain universally yet the Act actually only prohibits it in defined circumstances."},{"type":"self_contradicting","section":"sec.22A(3) and sec.22A(2)","severity":"medium","reasoning":"The mandatory language of s 22A(2) ('must be in writing', 'must be signed') imposes clear legal obligations, yet s 22A(3) removes the only meaningful sanction for non-compliance by preserving validity regardless. The provision simultaneously mandates and renders the mandate toothless.","confidence":0.88,"description":"Absurd self-undermining provision: section 22A(3) states that failure to comply with the mandatory requirements in subsection (2) (in writing, signed, etc.) 'does not affect the validity of the agreement or its status as a third party operator agreement.' This means an oral, unsigned agreement with no details can still be a valid third party operator agreement, making the mandatory requirements in subsection (2) effectively unenforceable and purposeless as conditions of validity."},{"type":"other","section":"sec.41 and sec.42","severity":"low","reasoning":"Non-renewability is presented as a hard restriction, but nothing prevents a fresh application. The 'single art union' limitation may also be circular if the new application is for the same art union.","confidence":0.6,"description":"A special category 3 gaming licence is granted for 4 months (s 37(2)(d)) for a 'single art union'. Section 42 states the licence is not renewable. If the purpose (e.g., helping a disaster victim) requires a longer fundraising period, the licensee cannot extend. However, the Act does not prohibit applying for a fresh licence — creating the potential absurdity that a new application covering the same art union could circumvent the non-renewal rule, rendering it practically ineffective."},{"type":"impossible_compliance","section":"sec.58(1)(a)","severity":"high","reasoning":"The use of 'each' (meaning 'every') rather than 'any' or 'a' means the ground is established only if every single management member is unsuitable. This is almost certainly contrary to legislative intent and creates an absurd outcome where near-total corruption of a committee is insufficient grounds for cancellation.","confidence":0.82,"description":"Impossible compliance standard for unincorporated associations: the ground for cancellation applies where 'each management member of the association is not a suitable person to hold the licence if the member were the licensee.' Literally read, the licence can only be cancelled on this ground if ALL management members are unsuitable — if even one member is suitable, the ground does not exist. This means an association dominated by unsuitable persons could avoid cancellation so long as one suitable member exists on the committee."},{"type":"other","section":"sec.45(3)","severity":"medium","reasoning":"Sections 45(1) and (2) use 'may grant... only if satisfied', implying satisfaction of those conditions is necessary but not sufficient. Section 45(3) confirms the CE may still refuse even when satisfied. While some residual discretion is normal, the combination creates a structure where the mandatory conditions serve no practical gatekeeping function.","confidence":0.7,"description":"The chief executive may refuse to grant a licence even if satisfied that all mandatory conditions for granting it are met. This renders the conditions for granting effectively aspirational rather than mandatory, and gives the chief executive unfettered discretion to refuse any application regardless of compliance — potentially inconsistent with rule of law principles and natural justice."},{"type":"other","section":"sec.23(1) and sec.15(1)(a)","severity":"low","reasoning":"This is likely intentional policy but creates an anomaly: large organisations wishing to run major bingo events have no licensed pathway regardless of their suitability or safeguards in place, while equivalent proceeds for art unions can be authorised under category 3.","confidence":0.75,"description":"Section 23(1) prohibits conducting bingo where gross proceeds exceed $20,000 (penalty: 200 penalty units), while section 15(1)(a) defines a category 2 game as bingo where proceeds are 'more than $2,000 but not more than $20,000'. This means there is no category for bingo exceeding $20,000 — it is simply prohibited. However, section 16 defines category 3 games as excluding bingo, meaning there is no licensed pathway to conduct high-proceeds bingo at all, even with regulatory approval. The Act creates a hard ceiling with no higher-category exception."}],"contradictions":[{"severity":"medium","section_a":"sec.22A(2)","section_b":"sec.22A(3)","confidence":0.92,"description":"Section 22A(2) mandates that a third party operator agreement must be in writing and signed by both parties. Section 22A(3) expressly provides that failure to comply with these requirements does not affect the validity of the agreement or its status as a third party operator agreement. These provisions directly contradict each other: one imposes mandatory requirements, the other removes all legal consequence for non-compliance with those requirements."},{"severity":"low","section_a":"sec.14(2)","section_b":"sec.15(1)(b)","confidence":0.68,"description":"Section 14(2) states that lucky envelopes is not a category 1 game. Section 15(1)(b) defines lucky envelopes with gross proceeds not more than $5,000 as a category 2 game. However, there is no provision for lucky envelopes with very low proceeds (e.g., $100) — such a game cannot be category 1 (excluded by s 14(2)), is category 2 under s 15(1)(b) (not more than $5,000), but requires an eligible association and compliance with s 22 to conduct. This means even a trivially small lucky envelopes game attracts category 2 regulatory requirements, which may be disproportionate and was arguably unintended."},{"severity":"low","section_a":"sec.3(3)(b)","section_b":"sec.3(3)(c)","confidence":0.6,"description":"The Act's objects simultaneously require 'ensuring the public obtains reasonable net benefits from the conduct of general gaming' (s 3(3)(b)) and 'preventing individuals engaged in conducting general gaming from deriving personal gain from it' (s 3(3)(c)). These objects can conflict: maximising net public benefit may in some circumstances require incentivising skilled operators who would expect remuneration, yet the Act prohibits personal gain. The two objects pull in opposing directions without any hierarchy or reconciliation mechanism."},{"severity":"low","section_a":"sec.19(a)","section_b":"sec.22B(1)","confidence":0.58,"description":"Section 19 permits an eligible association to conduct a category 2 game if it complies with section 22. Section 22 does not require pre-notification of third party operator agreements for category 2 games. However, section 22B(1) requires 28 days' prior notice to the chief executive before entering a third party operator agreement, and section 22A applies to art unions (which can be category 2 or 3). The interaction creates uncertainty: a category 2 art union association entering a third party operator agreement must give 28 days' notice (s 22B), but category 2 compliance requirements under s 22 do not cross-reference this obligation, potentially leaving operators unaware."},{"severity":"medium","section_a":"sec.45(1)","section_b":"sec.45(3)","confidence":0.75,"description":"Section 45(1) states the chief executive 'may grant an application... only if the chief executive is satisfied' of suitability requirements — using 'only if' to express a necessary condition. Section 45(3) states the chief executive 'may refuse to grant an application for a licence even if the chief executive is satisfied' of those same matters. Together these create the logical structure: satisfaction of conditions is necessary (s 45(1)) but not sufficient (s 45(3)), and the Act provides no guidance on what further matters justify refusal when conditions are met, creating an internal tension between the rule of law and administrative discretion."},{"severity":"low","section_a":"sec.16(1)(b)","section_b":"sec.41","confidence":0.55,"description":"Section 16(1)(b) defines a category 3 game conducted under a special category 3 gaming licence as one with gross proceeds of more than $5,000. Section 41 restricts special category 3 gaming licences to persons conducting 'a single art union' for welfare or disaster relief. However, section 16(1)(b) sets the threshold at more than $5,000, while section 15(1)(b) caps lucky envelopes category 2 at $5,000 and section 15(1)(c) addresses 'other games' for category 2. An art union with proceeds of exactly $5,000 would be category 2, not category 3, meaning the special category 3 licence threshold of '$5,000' in s 16(1)(b) starts just above the category 2 upper boundary — but for lucky envelopes the upper boundary is $5,000 (not more than), creating a potential gap or overlap at the $5,000 boundary for art unions being treated as category 2 vs category 3."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1999 Act focused on straightforward regulation of charitable gaming. Through multiple amendments (2000–2017), the scope expanded significantly: the objects clause was substituted and broadened (2000); the definition of eligible association was extended to include educational and religious purposes, P&C associations, and political parties; a new third party operator agreement regime was added (2008) to regulate commercial entities assisting charities with art unions; special category 3 gaming licences were introduced for disaster/disadvantaged relief; and references were updated to reflect new Queensland government entities (e.g., TAFE Queensland). The law now covers a wider range of organisations, introduces commercial intermediary regulation, and includes more detailed governance requirements than originally enacted."},"complexity_factors":["Multiple overlapping game categories (1–4) with different eligibility, licence, and proceeds rules that interact with each other","Extensive and layered definitions of key terms (eligible association, charitable purpose, game types) with sub-definitions referencing other Acts","Cross-referencing between sections (e.g., categories defined in ss.14–17 govern conduct rules in ss.18–21, which reference s.22, which references other sections)","Multiple licence types (bingo centre, category 3, lucky envelope printer, special category 3) each with distinct eligibility, application, and renewal rules","Third party operator agreement regime (ss.22A–22E) adds a procedural layer with strict notice and documentation requirements","Suitability assessment framework for licence applicants involving character, financial history, corporate structure, and criminal history checks","Frequent references to external legislation (Associations Incorporation Act, Electoral Act, Education Acts, Corporations Act, Disability Services Act, TAFE Queensland Act, Lotteries Act, Interactive Gambling Act)","Provisions have been amended multiple times (1999–2017), creating potential inconsistencies and requiring knowledge of amendment history","Enforcement framework involves show cause notices, suspension, cancellation, inspections, and criminal history reports — adding procedural complexity"],"plain_english_summary":"This law regulates charitable and community fundraising games in Queensland — raffles, bingo, scratch-style “lucky envelopes,” calcutta sweeps and promotional competitions — by setting who may run them, what licences or approvals are needed, and how they must be operated.\n\nIt affects community and charitable organisations, businesses that print or operate games, and players: no personal profit, net proceeds must fund the stated purpose, prizes delivered, records kept, inspectors can act, and strict rules apply when outsourcing ticket sales or production."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":747},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1999 scope. Major additions include: the third-party operator agreement framework (2008), harm minimisation measures (2022), two-up provisions for Anzac Day (2012), and enhanced corporate governance requirements for category 3 games. The 2005 amendments restructured inspector appointments and audit programs. The 2014 amendments adjusted monetary thresholds. These additions have moved the Act beyond simple charitable gaming regulation toward a comprehensive harm-reduction and integrity framework with commercial-style oversight of third-party involvement."},"complexity_factors":["Multiple overlapping definitions of 'game' and game types (art union, bingo, lucky envelopes, calcutta sweep, two-up) with exclusions and inclusions","Four-tier categorisation system (Categories 1–4) with different monetary thresholds and eligibility rules","Extensive cross-referencing between sections for licensing requirements, especially third-party operator agreements (ss 22A–22E)","Nested conditions for 'eligible association' status including governance requirements, constitutional provisions, and purpose-based definitions (charitable, patriotic, sporting, etc.)","Multiple licence types with varying terms (1 year, 4 months, 5 years) and different application requirements","Complex enforcement framework with inspectors, warrants (including special warrants by phone/fax), seizure powers, and administrative review","Detailed suitability assessment criteria for licensees and associates including criminal history checks and financial investigations","Transitional provisions spanning multiple amendment Acts with preserved approvals and converted licences"],"plain_english_summary":"This Queensland Act regulates charitable and non-profit gaming activities like bingo, art unions (raffles), lucky envelopes (scratch cards), calcutta sweeps (betting pools), and two-up. It creates a tiered licensing system based on how much money games raise:\n\n**Category 1** (small games, under $2,000 gross proceeds): Can be run by any association or authorised person. Individuals can run these if they don't personally profit and all proceeds go to prizes.\n\n**Category 2** (medium games, $2,000–$20,000 for bingo; other amounts set by regulation): Must be run by an \"eligible association\" — groups with charitable, community, sporting, educational, religious, or patriotic purposes that meet governance requirements (elected committees, audited finances, proper banking).\n\n**Category 3** (large games, above regulated thresholds): Requires a licence and stricter oversight. Only incorporated eligible associations, P&Cs, P&Fs, or registered political parties can apply. Special short-term licences exist for disaster relief or helping disadvantaged individuals.\n\n**Category 4** (promotional games): Open to anyone.\n\nThe Act establishes four licence types: bingo centre licences, category 3 gaming licences, lucky envelope printer licences, and special category 3 licences. The chief executive issues licences after assessing applicants' character, financial standing, and suitability. Licences can be suspended or cancelled for misconduct, bankruptcy, or criminal convictions.\n\nKey protections include: rules ensuring game integrity; prohibitions on cheating, bribery, and extending credit to players; mandatory record-keeping and financial auditing; inspector powers to enter premises, seize evidence, and enforce compliance; and a complaints process. The Act also legalises two-up on Anzac Day and other designated days when run by RSL clubs under specific conditions.\n\nHarm minimisation measures can be prescribed by regulation. Third-party operators can assist with ticket sales under written agreements subject to notification requirements. All net proceeds must go to the stated charitable or non-profit purpose."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since its original enactment the Act has been extended beyond a simple charity fundraising‑games regulator into a broader, more interventionist regime. Notable scope expansions include: (a) regulation of commercial third‑party operators and strict notification/amendment rules (2008 inserts, ss.22A–22E, 183A–183B), which reach into commercial arrangements and limit outside control of category 3 operations; (b) an equipment approval regime and approved evaluators to police machine integrity and prevent conversion to gaming machines (ss.98–100, 100A–100B); (c) explicit harm‑minimisation powers by regulation (s.102A, 2022 amendment), which permit technological and process interventions; and (d) a special statutory carve‑out and rules for lawful two‑up on designated days (2012 inserts, ss.178–181). These additions broadened the law from policing charitable draws to regulating commercial intermediaries, technical equipment standards and public‑health style interventions — increasing regulatory reach and compliance obligations compared with the Act’s original, narrower focus on integrity and basic probity of charity gaming."},"complexity_factors":["Lengthy Act with multiple Parts and Divisions covering licensing, approvals, auditing, inspection and enforcement","Numerous defined terms and cross‑references (definitions in ss.5–13 and schedule 2; frequent cross‑references to other Acts such as the Lotteries Act 1997, Corporations Act, Liquor Act 1992, Gaming Machine Act 1991, Keno Act 1996, Casino Acts)","Four distinct game categories with monetary thresholds that interact with regulatory obligations and exemptions (ss.14–17, with amounts partly prescribed by regulation)","Four licence types with differing eligibility, terms and renewal mechanics (ss.36–43, 37)","Detailed third‑party operator regime with multi‑stage notification and amendment obligations (ss.22A–22E)","Extensive inspector powers including warrants, special warrants, seizure, compulsory production of bank records and attendance requirements (ss.119–149) spanning many conditional rules","Audit and financial reporting framework with tiered obligations and multiple timelines (ss.78–91, 86–89, 94)","Wide discretionary powers for the chief executive and Minister to impose/alter conditions, approve equipment, approve audit programs and make rules (ss.45–56, 72, 100, 68, 186)","Multiple enforcement paths and remedies (administrative directions, suspension, cancellation, appointment of administrators, criminal offences, forfeiture and civil claims for compensation) increasing legal complexity (ss.58–66, 150–156, 152–156)","Appeal and review architecture with tribunal review limited to reconsideration of material before the chief executive, but leave for new evidence in narrow circumstances and only appeals on questions of law to higher courts (ss.174–177)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Sets out what kinds of fundraising gambling (\"general gaming\") charities and non-profits may run, and divides games into four categories by type and gross-proceeds thresholds (category 1–4). (ss.11–17)\n- Establishes a licensing and approval system: licences for bingo centres, category 3 games, lucky‑envelope printers and short‑term \"special\" category 3 licences; approvals for gaming equipment and for certain events (calcutta sweeps). It specifies application, inspection, approval, and renewal procedures. (Parts 4 & 5, esp. ss.36–55, 98–100)\n- Regulates who may run each category of game (e.g. only associations or authorised persons for categories 1–3; anyone may run promotional games/category 4). It requires associations offering category 2 or 3 games to meet governance and record‑keeping tests (membership rules, treasurer, audited accounts, bank accounts, distribution of assets on wind‑up). (ss.10, 18–22)\n- Imposes record‑keeping, accounting, auditing and reporting obligations proportional to game category. Higher‑value games face annual audits, financial statements and returns to the chief executive. (ss.74–91, 81–84A)\n- Controls third‑party commercial involvement in art unions: written \"third party operator\" agreements, advance notice to the chief executive, ongoing notification of changes and cancellations; and prohibitions on unauthorised persons controlling category 3 applications or operations. (ss.22A–22E, 183A–183B)\n- Provides an equipment approval regime: proposed gaming equipment (including vending machines) must be approved or evaluated to ensure integrity and non‑convertibility to gaming machines. Modifying approved equipment requires re‑approval. (ss.98–100, 100B)\n- Requires compliance with Ministerial rules and regulations on game conduct, tickets, advertising, prize handling and allows harm‑minimisation measures to be prescribed by regulation (e.g. software, interruptions, information or referral to help). (ss.72–73, 95–102A)\n- Gives inspectors wide enforcement powers: entry (consensual, public, warrant or special warrant), search, seizure, require documents or attendance, stop defective equipment, require bank records, and to appoint administrators to run licensee operations in serious cases. (ss.111–156)\n- Establishes offences and penalties for bribery, cheating, forgery, false statements, unauthorised control or use of equipment, failure to keep or produce records, and obstructing inspectors. Some serious offences attract imprisonment; others are monetary penalties. (Part 5 & 6, eg. ss.105–110, 158–160)\n- Provides internal review and appeal routes: administrative review rights to the tribunal (QCAT) for many chief‑executive decisions and limited appeal rights to the Court of Appeal on points of law. (ss.174–177)\n\nWho it affects\n\n- Eligible associations and unincorporated groups that raise funds by running games (schools, charities, sporting clubs, P&Cs, registered political parties in some cases). They face the licensing, governance, record‑keeping and audit obligations. (s.10, ss.18–20, 39)\n- Lucky‑envelope printers, bingo centre operators, special category 3 applicants and third‑party operators who sell tickets, bank money or account for proceeds. (ss.25–27, 36–41, 22A–22E)\n- Players and the general public (rules about advertising, ticket content, prize delivery, and harm mitigation apply to them). (ss.97, 101, 95, 102A)\n- Inspectors, the chief executive and the Minister (who exercise licensing, rule‑making and enforcement powers). (ss.72, 111, 184)\n\nWhy it matters (official aim and operational trade‑offs)\n\n- The Act’s stated object is to allow fundraising gaming while ensuring \"on balance\" the State and community benefit by protecting game integrity, probity of operators and minimising harm. (s.3)\n\nTesting that object against costs, incentives and trade‑offs (section citations):\n\n- Compliance costs fall mainly on associations/licensees: licence fees, audit costs (paid by the licensee, ss.86–89), record‑keeping and possible financial guarantees (s.55). Small or informal fundraisers may restructure games to avoid thresholds that trigger licences or audits (game categorisation links to both type and gross proceeds, ss.14–16). That creates predictable incentives to keep proceeds under limits.\n- Administrative discretion is concentrated with the chief executive: wide powers to approve/deny licences and equipment, change licence conditions, impose directions and appoint administrators (ss.45–56, 100, 65–66). This centralised discretion reduces regulatory transaction costs (speed, uniform rules) but raises implementation risk and legal review work (review rights exist, ss.174–177).\n- Enforcement burden and intrusion are significant: inspectors may use special warrants and seize material, require bank records (ss.119–129, 147). The State carries some financial and legal obligations (officials protected where honest and non‑negligent, s.157; compensation claims possible, s.156).\n- The Act narrows opportunities for private commercial capture of charitable gaming via third‑party operator rules and prohibitions on outsiders controlling category 3 operations or applications (ss.22A–22E, 183A–183B). That reduces risk of profit‑capture by commercial operators but increases compliance and monitoring requirements.\n- Harm minimisation is now a formal tool (regulations may prescribe technology/interventions, s.102A). That expands the regulator’s toolkit but will require rule‑making and enforcement resources and may impose technology costs on operators.\n\nConcentrated benefits and diffuse costs\n\n- Concentrated benefits: entities that secure licences or printing approvals (bingo centres, printers, large associations) gain legal certainty and market access. (ss.36–41, 100)\n- Diffuse costs: many small associations and volunteers bear record‑keeping, audit and notification burdens to maintain lawful operations; players face behavioural limits (age limits, s.110) and potentially altered game formats due to harm minimisation regulations.\n\nPractical effects on behaviour\n\n- Associations will likely formalise governance (s.10), segment activities to avoid higher categories, or engage approved third‑party operators under the written‑agreement regime (ss.22A–22E).\n- Equipment suppliers must seek approvals and conform to non‑convertibility and non‑accrual rules for vending machines (ss.98–100, 100B).\n\nKey implementation risks\n\n- Chief‑executive discretion plus extensive enforcement powers creates litigation and review workload (appeals to QCAT and appeals on points of law) and requires transparent guidance (the chief executive may issue guidelines, s.184A).\n- Monitoring third‑party commercial relationships and equipment modifications may be resource‑intensive.\n\nMain sections to note: objects (s.3); eligibility and association rules (s.10); categories and who may run them (ss.14–21); third‑party operator regime (ss.22A–22E); audits and records (ss.74–91); equipment approval (ss.98–100); inspector powers and seizure (ss.119–136); offences and penalties (Part 5 & 6); review (ss.174–177); harm minimisation (s.102A)."}},"importantCases":[],"_links":{"self":"/api/acts/charitable-and-non-profit-gaming-act-1999","history":"/api/acts/charitable-and-non-profit-gaming-act-1999/history","analysis":"/api/acts/charitable-and-non-profit-gaming-act-1999/analysis","conflicts":"/api/acts/charitable-and-non-profit-gaming-act-1999/conflicts","importantCases":"/api/acts/charitable-and-non-profit-gaming-act-1999/important-cases","documents":"/api/acts/charitable-and-non-profit-gaming-act-1999/documents"}}