{"id":"a-1998-24","name":"Interactive Gambling Act 1998","slug":"interactive-gambling-act-1998","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"24 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23787,"registerId":"act-a-1998-24-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Interactive Gambling Act 1998.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘disqualified person—see\nsection 18B.’ means that the term ‘disqualified person’ is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of business associate and executive associate","content":"4 Meaning of business associate and executive associate\n(1) A person is, for this Act, a business associate of a specified person if\nthe Minister believes on reasonable grounds that—\n(a) the firstmentioned person is associated with the ownership or\nmanagement of the specified person’s operations; or\n(b) if the specified person is not a licensed provider—the\nfirstmentioned person will, if an interactive gambling licence is\ngranted to the specified person, be associated with the ownership\nor management of the specified person’s operations.\n\nPreliminary Part 1\n(2) A person is, for this Act, an executive associate of a specified person\nif—\n(a) the person is an executive officer of a corporation, a partner,\ntrustee or person named in writing by the Minister; and\n(b) the Minister believes on reasonable grounds that—\n(i) the firstmentioned person is associated with the ownership\nor management of the specified person’s operations; or\n(ii) if the specified person is not a licensed provider—the\nfirstmentioned person will, if an interactive gambling\nlicence is granted to the specified person, be associated\nwith the ownership or management of the specified\nperson’s operations.\nspecified person means—\n(a) an applicant for an interactive gambling licence; or\n(b) a proposed transferee of an interactive gambling licence; or\n(c) a licensed provider; or\n(d) an agent.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of key person and key relationship","content":"5 Meaning of key person and key relationship\n(1) For this Act, a key person is a person who—\n(a) occupies or acts in a managerial position, or carries out\nmanagerial functions, in relation to operations carried out under\nan interactive gambling licence or the business of the licensed\nprovider; or\n(b) is in a position to control or exercise significant influence over\nthe operations conducted under an interactive gambling licence;\nor\n\n(c) occupies or acts in a position designated in the licensed\nprovider’s approved control system as a key position; or\n(d) occupies a position with, or carries out functions for, a licensed\nprovider that makes the person a key person under criteria\nprescribed under the regulations; or\n(e) is a business or executive associate of a licensed provider\ndesignated by the commission, by written notice given to the\nlicensed provider, as a key person.\n(2) Subsection (1) (a) and (b) applies in relation to a position only if the\nposition is designated by the commission by written notice given to\nthe licensed provider as a key position.\n(3) Subsection (1) (a) applies in relation to functions only if the functions\nare designated by the commission by written notice given to the\nlicensed provider as key functions.\n(4) For this Act, a key relationship is a relationship, other than a familial\nrelationship, between a licensed provider and another person as a\nresult of which the other person is a key person.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of agent","content":"6 Meaning of agent\n(1) For this Act, a person is an agent for a licensed provider if the person\ncarries out, whether within or outside the ACT, any specified function\non behalf of the licensed provider.\n(2) For this Act, a person is an agent for an external provider if the person\ncarries out, within the ACT, any specified function on behalf of the\nexternal provider.\nspecified function means—\n(a) registering a player; or\n(b) establishing a player’s account; or\n\nPreliminary Part 1\n(c) accepting a deposit for, or authorising a withdrawal from, a\nplayer’s account; or\n(d) carrying out any other function that is classified as an agency\nfunction by the regulations.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Incorporation of Control Act","content":"7 Incorporation of Control Act\nThe Control Act is incorporated and must be read as one with this\nAct.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Extraterritorial application of Act","content":"8 Extraterritorial application of Act\nSo far as the legislative power of the Assembly permits, this Act\napplies according to its tenor to—\n(a) persons; and\n(b) acts done, transactions entered into, events occurring and\nmatters arising;\nwithin or outside the ACT.\n\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Declaration of participating jurisdictions and","content":"9 Declaration of participating jurisdictions and\ncorresponding laws\n(1) If the Minister is satisfied a law of a State or another Territory is\ncompatible with this Act, the Minister may declare that—\n(a) that State or Territory is a participating jurisdiction; and\n(b) the relevant law of that State or Territory is a corresponding law.\n(2) A declaration is not to be made under this section unless the Territory\nhas entered into an agreement with the prospective participating\nregulator that makes, in the Minister’s opinion, adequate provision\nfor the following matters:\n(a) the taxation of authorised games on a uniform or consistent\nbasis;\n(b) collaboration between the commission and gaming officers of\nthe Territory and authorities and gaming officers of the other\njurisdiction engaged in the administration of the relevant law of\nthe other jurisdiction;\n(c) mutual recognition of licences and administrative acts between\njurisdictions;\n(d) sharing of tax revenue derived from interactive gambling on an\nequitable basis.\n(3) A declaration under subsection (1) is a disallowable instrument.\n\nAuthorised providers and authorised games Division 2.2\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Authorised providers and authorised","content":"Division 2.2 Authorised providers and authorised\ngames\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Authorised games","content":"10 Authorised games\n(1) Subject to this section, an interactive game is, for this Act, an\nauthorised game if—\n(a) a licensed provider is authorised to conduct it under this\ndivision; or\n(b) subject to this section, an external provider is authorised to\nconduct it under the corresponding law of the participating\njurisdiction where the provider is licensed.\n(2) A game that an external provider is authorised to conduct under a\ncorresponding law (an externally authorised game) is not an\nauthorised game if the external provider is prohibited from\nconducting the game in the ACT by a prohibition under\nsubsection (3).\n(3) The Minister, if satisfied that the conduct of an externally authorised\ngame in the ACT is contrary to the public interest, may, by written\nnotice given to the external provider authorised under the\ncorresponding law to conduct the game, prohibit the conduct of the\ngame in the ACT.\n(4) The Minister must not give a notice under subsection (3) unless the\n(a) given to the external provider and the relevant participating\nregulator written notice of the proposed prohibition and the\nreasons for it; and\n(b) allowed each of them a reasonable opportunity to make\n\nDivision 2.2 Authorised providers and authorised games\n(5) The Minister must give to the relevant participating regulator a copy\nof a notice under subsection (3).\n(6) If a notice under subsection (3) has been given in relation to an\ninteractive game, the game ceases to be an authorised game.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Authorisation to conduct interactive games","content":"11 Authorisation to conduct interactive games\n(1) The Minister may, on written application by a licensed provider,\nauthorise the provider to conduct an interactive game on conditions\nstated in the authorisation.\n(2) If the Minister refuses an application, the Minister must give the\napplicant written notice of the decision and the reasons for it.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Change to conditions of authorisation","content":"12 Change to conditions of authorisation\n(1) The Minister may, by written notice given to a licensed provider,\nchange a condition on which an interactive game is authorised if the\nMinister is satisfied on reasonable grounds that—\n(a) the conditions are not stringent enough to prevent a\ncontravention of this Act; or\n(b) compliance with the conditions cannot be effectively monitored\nor enforced; or\n(c) it is in the public interest that the conditions be changed.\n(2) The Minister must not give a notice under subsection (1) unless the\n(a) given the licensed provider written notice of the proposed\nchange of condition and the reasons for it; and\n(b) allowed the licensed provider a reasonable opportunity to make\n\nAuthorised providers and authorised games Division 2.2\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Revocation of authorisation","content":"13 Revocation of authorisation\n(1) The Minister may, by written notice given to a licensed provider,\nrevoke the authorisation to provide a particular interactive game if the\nMinister is satisfied on reasonable grounds that—\n(a) the conditions are not stringent enough to prevent a\ncontravention of this Act; or\n(b) compliance with the conditions cannot be effectively monitored\nor enforced; or\n(c) it is in the public interest that the authorisation be revoked.\n(2) The Minister must not give a notice under subsection (1) unless the\n(a) given to the licensed provider written notice of the proposed\nrevocation and the reasons for it; and\n(b) allowed the licensed provider a reasonable opportunity to make\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Conducting, or participating in, unauthorised interactive","content":"14 Conducting, or participating in, unauthorised interactive\ngambling\n(1) A person other than an authorised provider must not—\n(a) conduct an interactive game wholly or partly in the ACT; or\n(b) knowingly allow another person who is in the ACT to participate\nin an interactive game;\nunless the game is an authorised game.\n(2) A person in the ACT must not—\n(a) participate in an interactive game; or\n\n(b) aid or abet the participation by another person in an interactive\ngame;\nknowing that the game is not an authorised game.\nauthorised game includes a game authorised under a scheme\napproved under division 2.5.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Only players may participate in authorised games","content":"15 Only players may participate in authorised games\n(1) A licensed provider must not permit a person other than a player to\nparticipate in an authorised game.\n(2) A person must not participate in an authorised game with a licensed\nprovider unless the person is a player.\nMaximum penalty: 4 penalty units.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Wagers must be covered by amount in player’s account","content":"16 Wagers must be covered by amount in player’s account\nA licensed provider must not accept a wager from a player in an\nauthorised game unless a player’s account has been established in the\nname of the player with the provider and there are adequate funds in\nthe account to cover the amount of the wager.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Provisional registration of players","content":"17 Provisional registration of players\n(1) A person who applies to a licensed provider to be provisionally\nregistered as a player must provide (by electronic or other means)—\n(a) the person’s name and address; and\n\nRegistration of players Division 2.3\n(b) details of the person’s account with an approved credit provider;\nand\n(c) a statement that the person is at least 18 years old; and\n(d) a statement that the law of the place where the person is does not\nprevent or disqualify the person from playing authorised games\nwith the provider.\n(2) A person must not provide false or misleading information in an\napplication under this section.\nMaximum penalty: 30 penalty units.\n(3) The licensed provider must not provisionally register the person as a\nplayer if—\n(a) the person is an excluded person or a disqualified person; or\n(b) the person is not in good standing with the approved credit\n(4) The licensed provider must cease to provisionally register a person—\n(a) after 30 days; or\n(b) if the provider registers the person under section 18; or\n(c) if it comes to the notice of the provider that—\n(i) the person is an excluded person; or\n(ii) the person is not in good standing with the approved credit\nprovider;\nwhichever occurs first.\n\napproved credit provider means a provider of credit approved in\nwriting by the commission for this section.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Registration","content":"18 Registration\n(1) A person may apply, in writing, to a licensed provider to be registered\nas a player.\n(2) The application must—\n(a) provide evidence of a kind prescribed under the regulations—\n(i) of the applicant’s identity; and\n(ii) of the applicant’s place of residence; and\n(iii) that the applicant is more than 18 years old; and\n(b) contain a statement that the law of the place where the applicant\nis does not prevent or disqualify the applicant from playing\nauthorised games with the provider.\n(3) A person must not provide false or misleading information in an\napplication under this section.\nMaximum penalty: 30 penalty units.\n(4) A licensed provider must not register the person unless—\n(a) the person’s identity has been verified in accordance with the\nprovider’s approved control system; and\n(b) the other statements made by the applicant have been verified in\na way approved by the commission; and\n(c) the person is not a disqualified person.\n\nRegistration of players Division 2.3\n","sortOrder":18},{"sectionNumber":"18A","sectionType":"section","heading":"Players’ accounts","content":"18A Players’ accounts\n(1) If a licensed provider has registered or provisionally registered a\nplayer, the provider must establish an account in the name of the\nplayer (the player’s account).\n(2) The provider has a right to debit the amount of a wager from the\nplayer’s account.\n(3) The player may have direct recourse to the account only—\n(a) to ascertain the balance of funds in the account or to close the\naccount; or\n(b) to obtain the whole or part of an amount paid into the account as\na prize in an authorised game; or\n(c) as authorised by the licensed provider or the commission.\n(4) The provider must not accept more than $100 in total deposits to the\nplayer’s account of a provisionally registered player.\n","sortOrder":19},{"sectionNumber":"18B","sectionType":"section","heading":"Lists of excluded persons and disqualified persons","content":"18B Lists of excluded persons and disqualified persons\n(1) A person is a disqualified person if the person—\n(a) is subject to a notice under section 102; or\n(b) has been convicted of an offence against this division within the\nprevious 5 years.\n(2) A person is an excluded person if the person—\n(a) has been provisionally registered as a player with a licensed\nprovider within the previous 12 months; and\n(b) has not been registered as a player with that or another licensed\nprovider within the previous 12 months.\n\n(3) The commission must maintain current lists of disqualified and\nexcluded persons and must provide the lists from time to time to each\n(4) A person must not disclose information on a list under this section\nexcept as required for the operation of this Act or as otherwise\nrequired by law.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n","sortOrder":20},{"sectionNumber":"18C","sectionType":"section","heading":"Players names","content":"18C Players names\nFor the purposes of playing an authorised game, a licensed provider\nmay allow a registered or provisionally registered person to be\nidentified by a nickname approved by the provider.\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Player bound by rules of game","content":"19 Player bound by rules of game\nA player who participates in an authorised game must comply with\nrules of the game as notified to the player under the conditions on\nwhich the game is authorised.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Use of premises for interactive gambling","content":"20 Use of premises for interactive gambling\nA person must not—\n(a) advertise that premises are available for playing interactive\ngames; or\n(b) knowingly seek to obtain a commercial advantage from the use\nof premises for playing interactive games.\n\nExemption schemes Division 2.5\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Meaning of exempted provider and exemption scheme","content":"21 Meaning of exempted provider and exemption scheme\nexempted provider means a licensed provider in relation to whom an\nexemption scheme has been approved.\nexemption scheme means a scheme that, if approved by the Minister,\nwill exempt a licensed provider authorised to conduct games under\nthe scheme from the application of provisions of this Act specified in\nthe scheme to the extent specified in the scheme.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Approval of exemption schemes","content":"22 Approval of exemption schemes\n(1) The Minister may approve an exemption scheme if the Minister is\nsatisfied, on the written application by a licensed provider or an\napplicant for an interactive gambling licence, that—\n(a) the exemption scheme complies with the criteria for approval of\nexemption schemes; and\n(b) the approval of the exemption scheme is warranted in the\ncircumstances of the case.\n(2) An exemption scheme complies with the criteria for approval of\nexemption schemes if, and only if, the Minister is satisfied that—\n(a) the standards of probity required under this Act for providers of\ninteractive games and those involved in the conduct of\ninteractive games will not be compromised by the approval of\nthe scheme; and\n(b) adequate and appropriate safeguards will exist to ensure the\nfairness of the interactive games to be conducted under the\nscheme and to protect the interests of players; and\n\n(c) adequate and appropriate safeguards will exist to prevent\nparticipation in the interactive games to be conducted under the\nscheme by persons under 18 years old; and\n(d) the scheme provides for other adequate and appropriate\nsafeguards to ensure that the public interest is not affected in an\nadverse and material way by the conduct of interactive games\nunder the scheme.\n(3) An exemption scheme approved under this section is a notifiable\ninstrument.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Cancellation of approval","content":"23 Cancellation of approval\n(1) The Minister may cancel the approval of an exemption scheme if the\nMinister is of the opinion that the scheme no longer complies with\nthe criteria for approval of exemption schemes.\n(2) The Minister must not cancel the approval of an approved exemption\nscheme unless the Minister has—\n(a) given the exempted provider written notice of the proposed\ncancellation and the reasons for it; and\n(b) allowed the exempted provider a reasonable opportunity to\nmake representations; and\n(3) The Minister must give written notice of a cancellation to the\nexempted provider.\n(4) A cancellation is a notifiable instrument.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Ending of approved exemption scheme","content":"24 Ending of approved exemption scheme\nAn approved exemption scheme ends—\n(a) when the Minister cancels the approval under this division; or\n\nExemption schemes Division 2.5\n(b) if the approval was given for a specified period and has not been\ncancelled before the end of that period—at the end of that\nperiod.\n\n","sortOrder":27},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 Applications for, and issue of,","content":"Division 3.1 Applications for, and issue of,\ninteractive gambling licences\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Application for interactive gambling licence","content":"26 Application for interactive gambling licence\n(1) A person may apply to the commission for an interactive gambling\nlicence.\n(2) An application by an individual must be accompanied by—\n(a) a written police report about the applicant’s character and\ncriminal history (if any); and\n(b) the imprints of the fingers and palms of both hands of the\napplicant; and\n(c) a recent photograph of the applicant’s face.\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Consideration of application","content":"27 Consideration of application\n(1) Subject to this section, the Minister must consider an application that\ncomplies with section 26 and either grant or refuse it.\n(2) The Minister may, by written notice given to the applicant, require\nthe applicant to supply to the Minister further information or\ndocumentation that the Minister may reasonably require to give\nproper consideration to the application.\n(3) If a notice under subsection (2) has been given, the Minister is not\nrequired to determine the application until the notice has been\ncomplied with.\n(4) The Minister is not required to consider an application for an\ninteractive gambling licence by an individual until the applicant\nsatisfies the requirements of the regulations relating to satisfactory\nevidence of the applicant’s identity.\n\nApplications for, and issue of, interactive gambling licences Division 3.1\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Criteria for granting application","content":"28 Criteria for granting application\n(1) The Minister must not grant an application for an interactive\ngambling licence unless satisfied—\n(a) the applicant is a suitable person to hold an interactive gambling\nlicence; and\n(b) each business or executive associate of the applicant is a suitable\nperson to be associated with a licensed provider’s operations.\n(2) The Minister may refuse to grant an application even if satisfied of\nthe matters mentioned in subsection (1).\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Suitability of applicant to hold interactive gambling","content":"29 Suitability of applicant to hold interactive gambling\n(1) For the purpose of deciding whether an applicant is a suitable person\nto hold an interactive gambling licence, the Minister must have regard\nto the following matters:\n(a) the applicant’s character and business reputation;\n(b) the applicant’s current financial position and financial\n(c) if the applicant is not an individual—whether the applicant has,\nor has arranged, a satisfactory ownership, trust or corporate\nstructure;\n(d) whether the applicant has, or is able to obtain, appropriate\nresources and appropriate services;\n(e) whether the applicant has the appropriate business ability to\nconduct interactive games successfully under an interactive\ngambling licence;\n(f) if the applicant has a business association with another entity—\n(i) the entity’s character or business reputation; and\n\n(ii) the entity’s current financial position and financial\n(g) any other prescribed matter.\n(2) In this section:\nappropriate resources means financial resources that—\n(a) are adequate, in the Minister’s opinion, to ensure the financial\nviability of operations conducted under an interactive gambling\nlicence; and\n(b) are available from a source that is not, in the Minister’s opinion,\ntainted with illegality.\nappropriate services means the services of persons who have\nappropriate experience to ensure the proper and successful conduct of\ninteractive games.\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Suitability of business and executive associates","content":"30 Suitability of business and executive associates\nIn deciding whether a business or executive associate of an applicant\nfor an interactive gambling licence is a suitable person to be\nassociated with a licensed provider’s operations, the Minister must\nhave regard to the following matters:\n(a) the person’s character and business reputation;\n(b) the person’s current financial position and financial background;\n(c) if the person has a business association with another entity—\n(i) the entity’s character or business reputation; and\n(ii) the entity’s current financial position and financial\n(d) any other prescribed matter.\n\nApplications for, and issue of, interactive gambling licences Division 3.1\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Procedure on decision","content":"31 Procedure on decision\nIf the Minister grants an application for an interactive gambling\nlicence, the Minister must promptly issue an interactive gambling\nlicence to the applicant.\n","sortOrder":34},{"sectionNumber":"31A","sectionType":"section","heading":"Licensed provider must comply with code of practice","content":"31A Licensed provider must comply with code of practice\nA licensed provider must comply with the relevant code of practice\n(if any) prescribed under the Control Act.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Conditions of licence","content":"32 Conditions of licence\nAn interactive gambling licence may be issued subject to the\nconditions the Minister considers necessary or desirable—\n(b) in the public interest.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Changing or adding conditions","content":"33 Changing or adding conditions\n(1) If the Minister considers it necessary or desirable to do so—\n(b) in the public interest;\nthe Minister may, subject to subsection (2), by written notice to the\nlicensed provider, change or delete a condition to which an interactive\ngambling licence is subject, or add a condition.\n(2) If a condition of an interactive gambling licence is designated in the\nlicence as a condition that may be changed only by agreement\nbetween the Minister and the licensed provider, the condition may be\nchanged or deleted only by agreement between those persons.\n\n(3) A change of conditions takes effect on a day agreed between the\nMinister and the licensed provider or, in the absence of an agreement,\nthe later of the following:\n(a) the day the notice under subsection (1) is given to the licensed\nprovider;\n(b) if a later day is stated in the notice—the later day.\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Return of licence for endorsement of changed conditions","content":"34 Return of licence for endorsement of changed conditions\n(1) A licensed provider must not fail, without reasonable excuse, to\nreturn the licence to the Minister within 7 days of receiving a notice\nunder section 33 (1).\n(2) On receiving a licence under subsection (1), the Minister must—\n(a) amend the licence appropriately and return it to the licensed\nprovider; or\n(b) if the Minister does not consider it is practicable to amend the\nlicence—issue a replacement licence, incorporating the changes\nto the conditions, to the licensed provider.\n(3) A change of conditions does not depend on the interactive gambling\nlicence being amended to record the change or a replacement licence\nbeing issued.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Particulars to be included in interactive gambling licence","content":"35 Particulars to be included in interactive gambling licence\nAn interactive gambling licence must contain the following\nparticulars:\n(a) the licensed provider’s name;\n(b) the date of issue of the licence;\n(c) the period for which the licence is issued;\n(d) the conditions that the licence is subject to;\n\nGeneral provisions about interactive gambling licences Division 3.2\n(e) any other particulars prescribed under the regulations.\nDivision 3.2 General provisions about interactive\ngambling licences\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Interactive gambling licence not transferable","content":"36 Interactive gambling licence not transferable\nSubject to section 37, an interactive gambling licence may not be\ntransferred.\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Mortgage and assignment of interactive gambling licence","content":"37 Mortgage and assignment of interactive gambling licence\n(1) The Minister may, in writing, approve a mortgage, charge or other\nencumbrance over an interactive gambling licence.\n(2) A right to sell or transfer an interactive gambling licence that arises\nfrom a mortgage, charge or encumbrance approved under\nsubsection (1) may only be exercised in favour of a person approved\nin writing by the Minister.\n(3) The Minister must not approve a person under subsection (2) unless\nsatisfied that—\n(a) the proposed transferee is a suitable person to hold an interactive\ngambling licence; and\n(b) each business or executive associate of the proposed transferee\nis a suitable person to be associated with a licensed provider’s\noperations.\n(4) For the purpose of making a decision under subsection (3), the\nMinister may require the proposed transferee of an interactive\ngambling licence to submit an application for the licence and may\ndeal with the application, and investigate the suitability of the\nproposed transferee and the proposed transferee’s business and\nexecutive associates, in the same way as if the application were an\napplication for a new interactive gambling licence.\n\n(5) If a person has, under or because of, a mortgage, charge or\nencumbrance, a power to appoint a receiver or manager of the\nbusiness conducted under an interactive gambling licence, the power\nmay not be exercised unless the Minister has approved the proposed\nreceiver or manager in writing.\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Surrender of interactive gambling licence","content":"38 Surrender of interactive gambling licence\n(1) A licensed provider may surrender the licence by written notice given\nto the Minister.\n(2) The surrender takes effect—\n(a) if paragraph (b) does not apply—\n(i) 3 months after the notice is given; or\n(ii) if a later day of effect is stated in the notice—on the later\nday; or\n(b) if the Minister, by written notice, approves a day of effect that is\nearlier than 3 months after the notice is given—on the day of\neffect approved by the Minister.\n(3) A person who has surrendered a licence under this section must not\nfail, without reasonable excuse, to return the licence to the Minister\nwithin 7 days after the day when the surrender takes effect.\nDivision 3.3 Suspension and cancellation of\ninteractive gambling licences\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"39 Grounds for suspension or cancellation\n(1) For this division, a ground for suspending or cancelling an interactive\ngambling licence exists if—\n(a) the licensed provider is not, or is no longer, a suitable person to\nhold an interactive gambling licence; or\n\n(b) a business or executive associate of the licensed provider is not,\nor is no longer, a suitable person to be associated with the\nlicensed provider’s operations; or\n(c) the licensed provider has been convicted of an offence against\nthis Act, a tax law or a corresponding law; or\n(d) the licensed provider has been convicted, in Australia or\nelsewhere, of an offence that is punishable on conviction by\nimprisonment for not less than 12 months; or\n(e) the licensed provider has contravened a condition of the licence;\nor\n(f) the licensed provider has contravened a provision of this Act or\na corresponding law, being a provision the contravention of\nwhich does not constitute an offence; or\n(g) the licensed provider has failed to discharge a financial\ncommitment for the licensed provider’s operations; or\n(h) the licensed provider is bankrupt or personally insolvent; or\n(i) the licensed provider is affected by control action under the\nCorporations Act; or\n(j) the interactive gambling licence was obtained by a materially\nfalse or misleading representation or in some other improper\nway.\n(2) When considering whether the ground referred to in\nsubsection (1) (a) exists, the Minister may have regard to the matters\nto which the Minister may have regard in deciding whether an\napplicant is a suitable person to hold an interactive gambling licence.\n(3) When considering whether the ground referred to in\nsubsection (1) (b) exists, the Minister may have regard to the matters\nto which the Minister may have regard in deciding whether a business\nor executive associate of an applicant is a suitable person to be\nassociated with a licensed provider’s operations.\n\n(4) For subsection (1) (i), a licensed provider is affected by control action\nunder the Corporations Act if the licensed provider—\n(a) has executed a deed of company arrangement under the\nCorporations Act; or\n(b) is the subject of a winding-up, whether voluntary or under a\ncourt order, under the Corporations Act; or\n(c) is the subject of an appointment of an administrator, liquidator,\nreceiver or receiver and manager under the Corporations Act.\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Direction to rectify","content":"40 Direction to rectify\n(a) the Minister is satisfied on reasonable grounds that—\n(i) a ground referred to in section 39 (1) exists; and\n(ii) it is appropriate to give to the licensed provider an\nopportunity to rectify the matter or matters that give rise to\nthe Minister’s belief; and\n(b) the licensed provider has been given—\n(i) written notice that the Minister proposes to give a direction\nunder this section; and\n(ii) a reasonable opportunity to make representations about the\nproposed direction under subsection (2).\n(2) The Minister may, by written notice given to the licensed provider,\ndirect the licensed provider to rectify the matter or matters specified\nin the notice in a way specified in the notice within the period\nspecified in the notice, being a period that is reasonable having regard\nto the nature of the matter or matters to be rectified.\n(3) A notice under this section must state the reasons for the decision to\ngive the direction.\n\n(4) A licensed provider must comply with a direction under this section.\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Immediate suspension","content":"41 Immediate suspension\n(1) The Minister may suspend an interactive gambling licence under this\nsection if the Minister is satisfied on reasonable grounds that—\n(a) a ground referred to in section 39 (1) exists; and\n(b) the urgency of the matter does not permit the taking of action\nunder section 40; and\n(c) the circumstances require that the licence be suspended to\nensure that—\n(i) the public interest is not affected in an adverse and material\nway; or\n(ii) the integrity of the conduct of interactive games by the\nlicensed provider is not jeopardised in any way.\n(2) A suspension under this section—\n(a) must be effected by written notice given to the licensed provider;\nand\n(b) takes effect when the notice is given; and\n(c) is for the period specified in the notice.\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Suspension after notice","content":"42 Suspension after notice\n(1) The Minister may suspend an interactive gambling licence under this\nsection if a direction under section 40 has not been complied with.\n(2) A suspension under this section—\n(a) must be effected by written notice given to the licensed provider;\nand\n(b) takes effect when the notice is given; and\n\n(c) is for the period specified in the notice.\n","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Cancellation of licence","content":"43 Cancellation of licence\n(1) Subject to this section, the Minister may, by written notice to the\nholder of an interactive gambling licence, cancel the licence if—\n(a) the Minister is satisfied on reasonable grounds that—\n(i) a ground referred to in section 39 (1) exists; and\n(ii) the circumstances on which the ground is based are of a\nserious and fundamental nature; or\n(b) a direction under section 40 has not been complied with, being\na direction given on grounds based on circumstances of a serious\nand fundamental nature.\n(2) The Minister must not cancel a licence under subsection (1) (a) unless\nthe Minister is satisfied that, unless the licence is cancelled—\n(a) the integrity of the conduct of interactive games by the licensed\nprovider may be jeopardised in a material way; or\n(b) the public interest may be affected in an adverse or material way.\n(3) Cancellation of a licence takes effect when the notice is given or, if\nthe notice specifies a later day, on the later day.\n(4) A person whose licence has been cancelled must not fail, without\nreasonable excuse, to return the licence to the commission within\n7 days after the day the surrender takes effect.\n\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Appointment of administrator","content":"44 Appointment of administrator\n(1) If the Minister is satisfied on reasonable grounds that—\n(a) a ground referred to in section 39 (1) exists; and\n(b) it is appropriate in the public interest to appoint an administrator\nto conduct operations under an interactive gambling licence;\nthe Minister may, by notice given to the licensed provider, appoint an\nadministrator.\nNote 1 For laws about appointments, see the Legislation Act, pt 19.3.\nNote 2 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) An appointment under subsection (1) takes effect when the notice is\ngiven to the licensed provider or, if a later date is specified in the\nnotice, on the later date.\n(3) An administrator—\n(a) has full control of, and responsibility for, the operations of the\nlicensed provider conducted under the interactive gambling\nlicence, including authorised games that had been begun, but not\ncompleted, at the time of the administrator’s appointment; and\n(b) subject to any directions by the Minister, must conduct the\noperations as required by this Act as if the administrator were\nthe licensed provider.\n\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"45 Cancellation or reduction of period of suspension\nThe Minister may, by written notice to a licensed provider whose\nlicense is, or is to be, suspended—\n(a) cancel the suspension; or\n(b) reduce the remaining period of the suspension by a period\nspecified in the notice.\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Security related decisions","content":"46 Security related decisions\nIf—\n(a) the Minister makes a decision under this part; and\n(b) that decision is based wholly or in part on a matter relating to\nthe security of interactive gambling operations or of an\nauthorised game;\nthe Minister must sign a certificate to that effect.\n\nRequirement for key persons to be licensed Division 4.1\n","sortOrder":50},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 Requirement for key persons to be","content":"Division 4.1 Requirement for key persons to be\nlicensed\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Obligation to hold licence","content":"47 Obligation to hold licence\n(1) A person must not, without reasonable excuse—\n(a) accept employment as a key person; or\n(b) agree to carry out as an employee the duties of a key person;\nunless the person is a key person licensee.\n(2) A licensed provider must not employ a person to carry out the\nfunctions of a key person, unless the person is a key person licensee.\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Requirement that unlicensed key person end role","content":"48 Requirement that unlicensed key person end role\n(a) a person has applied for a key person licence; and\n(b) the application has been refused.\nto the person referred to in subsection (1), require the person to end\nthe relevant key relationship within the period stated in the notice.\n(3) A person must not, without reasonable excuse, fail to comply with a\nrequirement under subsection (2) within the period stated in the\nnotice.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n\n(4) A person does not incur any liability as a result of action taken to\ncomply with a notice under this section.\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Requirement to end key person’s role","content":"49 Requirement to end key person’s role\n(1) This section applies if a requirement is made of a person under section\n48 and—\n(a) the person fails to comply with the requirement; or\n(b) the commission refuses to approve an application for a key\nperson licence made by the person.\nto the licensed provider with whom the key relationship is believed\nto exist, require the licensed provider to take any necessary action to\nend the key relationship within the period stated in the notice.\n(3) The licensed provider must comply with a requirement under\n(4) A licensed provider does not incur any liability because of action\ntaken to comply with a requirement under this section.\n(5) This section applies in relation to a licensed provider despite any\nother Act or law.\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Application for key person licence","content":"50 Application for key person licence\n(1) An individual may apply to the commission for a key person licence.\n(2) An application must be accompanied by—\n(a) a written police report about the applicant’s character and\ncriminal history (if any); and\n(b) the imprints of the fingers and palms of both hands of the\napplicant; and\n\n(c) a recent photograph of the applicant’s face; and\n(d) any other document prescribed under the regulations.\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Consideration of application","content":"51 Consideration of application\n(1) On receipt of an application for a key person licence the commission\nmust, subject to this section—\n(a) grant the application; or\n(b) refuse to grant it.\n(2) The commission may grant an application only if—\n(a) if the application discloses that a key relationship exists or is\nproposed to exist with a licensed provider—the commission is\nsatisfied of the existence or the proposed existence of the\nrelationship; and\n(b) the commission is satisfied that the applicant is a suitable person\nto hold a key person licence.\n(3) In deciding whether an applicant is a suitable person to hold a key\nperson licence, the commission may require the applicant to supply a\nwritten police report about the applicant’s criminal history and may\nhave regard to—\n(a) the application and the documents submitted with it; and\n(b) the applicant’s character; and\n(c) the applicant’s current financial position and financial\nbackground; and\n(d) the applicant’s general suitability to carry out functions for a\nlicensed provider as a key person.\n(4) The commission is not required to consider an application for a key\nperson licence until the applicant satisfies the requirements of the\nregulations relating to satisfactory evidence of the applicant’s\nidentity.\n\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Decision on application","content":"52 Decision on application\n(1) If the commission decides to grant an application for a key person\nlicence, the commission must, as soon as practicable—\n(a) issue a key person licence to the applicant; and\n(b) give written notice of the issue of the licence to any relevant\n(2) If the commission decides to refuse to grant an application for a key\nperson licence, the commission must, as soon as practicable—\n(a) notify the applicant in writing of the decision and the reasons for\nthe decision; and\n(b) if the commission believes that a key relationship is in existence\nbetween the applicant and a licensed provider—give a copy of\nthe notice to the licensed provider.\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Particulars to be included in key person licence","content":"53 Particulars to be included in key person licence\nA key person licence must contain the following particulars:\n(a) the licensee’s name;\n(b) the date of issue of the licence;\n(c) the conditions that the licence is subject to;\n(d) a recent photograph of the applicant’s face;\n(e) any other particulars prescribed under the regulations.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Conditions","content":"54 Conditions\n(1) A key person licence may be issued subject to the conditions the\ncommission considers necessary or desirable—\n(b) in the public interest.\n\n(2) If a licence has been issued subject to a condition, the commission\nmust, as soon as practicable, notify in writing any relevant licensed\nprovider of the condition.\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Changing conditions","content":"55 Changing conditions\n(1) If the commission considers it necessary or desirable—\n(b) in the public interest;\nthe commission may, by written notice to the key person licensee—\n(c) alter a condition of the licence; or\n(d) omit a condition; or\n(e) add a condition to the licence.\n(2) If—\n(a) a notice under subsection (1) has been given; and\n(b) the commission believes that there is in existence a key\nrelationship between the licensee and a licensed provider;\nthe commission must give a copy of the notice to the licensed\n(3) A key person licensee who has received a notice under subsection (1)\ncommits an offence if the licensee fails, without reasonable excuse,\nto return the licence to the commission within 7 days of receiving the\nnotice.\n(4) On receiving a licence under subsection (3), the commission must—\n(a) amend the licence in an appropriate way and return the amended\nlicence to the key person licensee; or\n\n(b) if the commission does not consider it practicable to amend the\nlicence—issue another key person licence, incorporating the\nchanges to the conditions, to the key person licensee to replace\nthe licence returned to the commission;\nas soon as practicable.\n(5) An alteration, omission or addition of a condition takes effect—\n(a) subject to paragraph (b), on the day the notice under\nsubsection (1) is given to the key person licensee; or\n(b) if a later day of effect is stated in the notice—on the later day.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Term of key person licence","content":"56 Term of key person licence\nA key person licence remains in force until it lapses or is cancelled or\nsurrendered or a replacement licence is issued for it.\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Lapsing of key person licence","content":"57 Lapsing of key person licence\nA key person licence lapses if there has been no key relationship\nbetween the key person licensee and a licensed provider for a\ncontinuous period of 1 year.\n","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Replacement of key person licence","content":"58 Replacement of key person licence\n(1) If—\n(a) written application is made to the commission for the\nreplacement of a key person licence; and\n(b) the commission is satisfied that the licence has been lost, stolen,\ndestroyed or damaged in a way that warrants replacement;\nthe commission may issue a replacement licence to the key person\nlicensee.\n(2) A replacement licence must be on the same terms, and be subject to\nthe same conditions, as the licence it replaces.\n\n(3) If—\n(a) the commission has refused an application for the replacement\nof a key person licence; and\n(b) the commission believes that a key relationship exists between\nthe key person licensee and a licensed provider;\nthe commission must, as soon as practicable, give a copy of the notice\nby which the decision has been notified to the applicant to the licensed\n","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Surrender of key person licence","content":"59 Surrender of key person licence\n(1) A key person licensee may surrender the licence by written notice\ngiven to the commission.\n(2) The surrender takes effect on—\n(a) the day the notice is given to the commission; or\n(b) if a later day of effect is stated in the notice—the later day.\n(3) If the commission believes that a key relationship existed between the\nkey person licensee and a licensed provider at the time of the\nsurrender, the commission must promptly give notice of the surrender\nto the licensed provider.\n(4) A person who has surrendered a licence under this section must not\nfail, without reasonable excuse, to return the licence to the\ncommission within 7 days after the day the surrender takes effect.\n\n","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"60 Grounds for suspension or cancellation\nEach of the following is a ground for suspending or cancelling a key\nperson licence:\n(a) that the licensee is not, or is no longer, a suitable person to hold\na key person licence;\n(b) the licensee has been convicted of an offence against this Act, a\ntax law or a corresponding law;\n(c) the licensee has been convicted of an indictable offence;\n(d) the licensee has contravened a condition of the licence;\n(e) the licensee has contravened a provision of this Act or a\ncorresponding law, being a provision a contravention of which\ndoes not constitute an offence;\n(f) the licence was obtained by a materially false or misleading\nrepresentation or declaration or in any other improper way.\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Commission’s belief about suitability","content":"61 Commission’s belief about suitability\nFor the purpose of forming a belief that the ground referred to in\nsection 60 (1) (a) exists, the commission may have regard to the same\nmatters as those to which the commission may have regard to when\ndeciding whether an applicant for a key person licence is a suitable\nperson to hold a key person licence.\n","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Suspension of licence","content":"62 Suspension of licence\n(1) The commission may, by written notice to the holder of a key person\nlicence, suspend the licence if satisfied on reasonable grounds that—\n(a) a ground referred to in section 60 exists; and\n\nDisciplinary action Division 4.3\n(b) it is necessary to suspend the licence in the public interest or to\nensure that the integrity of the conduct of interactive games is\nnot jeopardised.\n(2) A notice under subsection (1) must state the date until which the\nlicence is suspended.\n(3) The suspension takes effect when the notice under this section is\ngiven.\n(4) If the commission believes that a key relationship exists between the\nof a notice under this section, the commission must promptly give\nnotice of the suspension to the licensed provider.\n","sortOrder":67},{"sectionNumber":"63","sectionType":"section","heading":"Directions to rectify","content":"63 Directions to rectify\n(1) This section applies if the commission believes on reasonable\ngrounds that—\n(a) a ground referred to in section 60 exists; and\n(b) it is appropriate to give the key person licensee an opportunity\nto rectify a matter on which the ground is based.\n(2) If this section applies, the commission may, by notice to the key\nperson licensee in accordance with this section, direct the licensee to\ntake the action specified in the notice to rectify the matter.\n(3) A notice under subsection (2) must—\n(a) be in writing; and\n(b) state the basis for the formation of the commission’s belief; and\n(c) specify a period that is reasonable in the circumstances within\nwhich the licensee must comply with the notice.\n\n(4) The commission must not give a notice under subsection (2) unless,\nbefore doing so, the commission has—\n(a) notified the key person licensee in writing of the grounds that\nmay cause the commission to issue a direction to rectify a\nspecified matter and that the key person licensee may show\ncause, within a specified period after the date of the notice,\n(being a period that is reasonable in the circumstances) why the\ndirection should not be issued; and\n(b) considered any representation made within that period.\n(5) If the commission believes that a key relationship exists between the\nof a notice under subsection (2), the commission must promptly give\na copy of the notice to the licensed provider.\n(6) A key person licensee must comply with a direction under this\nsection.\nMaximum penalty (subsection (6)): 20 penalty units.\n","sortOrder":68},{"sectionNumber":"64","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"64 Cancellation or reduction of period of suspension\n(1) The commission may at any time, by written notice to a key person\nlicensee whose licence is under suspension—\n(a) cancel the remaining period of the suspension; or\n(b) reduce the remaining period of suspension by a period specified\nin the notice.\n(2) The commission must give a copy of a notice under subsection (1) to\nany licensed provider to whom a notice under section 62 (4) was\ngiven when the relevant licence was suspended.\n\nNotification of key person licensees Division 4.4\n","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Cancellation of key person licence","content":"65 Cancellation of key person licence\n(1) The commission may, by written notice to the holder of a key person\nlicence, cancel the licence if—\n(a) the commission is satisfied on reasonable grounds that—\n(i) a ground referred to in section 60 exists; and\n(ii) it is necessary to cancel the licence in the public interest or\nto ensure that the conduct of interactive games is not\njeopardised; or\n(b) a direction under section 63 has not been complied with.\n(2) A cancellation under this section takes effect on the day when the\nnotice is given or, if the notice specifies a later day, on the later day.\n(3) If the commission believes that a key relationship exists between the\nof a notice under subsection (1), the commission must promptly give\na copy of the notice to the licensed provider.\n(4) A person whose licence has been cancelled under this section must\nnot fail, without reasonable excuse, to return the licence to the\ncommission within 7 days after the day the surrender takes effect.\nDivision 4.4 Notification of key person licensees\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Notice of commencement of key person licensee","content":"66 Notice of commencement of key person licensee\nWithin 7 days after a key person licensee commences to carry out\nfunctions for a licensed provider, the licensed provider must notify\nthe commission in writing of the commencement.\n\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Returns about licensees","content":"67 Returns about licensees\n(1) A licensed provider must, within 14 days after each return day, give\na return to the commission that describes the functions being\nperformed on the return day by each key person licensee.\nMaximum penalty: 10 penalty units.\n(2) For this section, each of the following is a return day for a licensed\nprovider:\n(a) the day 6 months after the day of issue of the licence;\n(b) a day that is a multiple of 6 months after the day mentioned in\nparagraph (a);\n(c) a day specified in a written notice given by the commission to\nthe provider.\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Notice of end of key relationship","content":"68 Notice of end of key relationship\nWithin 7 days after a key relationship between a licensed provider\nand another person ends, the licensed provider must notify the\ncommission in writing of the end of the relationship.\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Requirement to end key relationship","content":"69 Requirement to end key relationship\n(a) a key relationship exists between a licensed provider and a key\nperson licensee; and\n(b) the key person licence is suspended or the key person licensee\nceases to hold a key person licence because of cancellation or\nfor any other reason.\n\nRequirements about key relationships Division 4.5\nto the licensed provider, require the licensed provider to end the key\nrelationship within the period stated in the notice.\n(3) A licensed provider must comply with a requirement under\n(4) This section has effect despite another Act or law or any industrial\naward or agreement.\n(5) A licensed provider does not incur any liability under another Act or\nlaw or any industrial award or agreement by complying with a\nrequirement of the commission under this section.\n\n","sortOrder":74},{"sectionNumber":"70","sectionType":"section","heading":"Conditions for entering into agency agreement","content":"70 Conditions for entering into agency agreement\n(1) A licensed provider must not appoint a person as the provider’s agent\nunless—\n(a) the person is—\n(i) for an individual—at least 18 years old; and\n(ii) eligible to be an agent under criteria prescribed by the\nregulations; and\n(b) the appointment is made under an agency agreement that\nincludes any provision required by the commission; and\n(c) the provider—\n(i) has made inquiries about the person and each associated\nperson; and\n(ii) is satisfied on reasonable grounds—\n(A) that the person is of good business reputation; and\n(B) that each associated person is of good character and\nis in a sound financial position; and\n(C) as to any other prescribed matters.\n(2) The commission must not require the inclusion of a provision in an\nagency agreement unless the commission believes on reasonable\ngrounds that the inclusion of the provision is reasonably necessary to\nensure—\n(a) that the integrity of the conduct of interactive games is not\njeopardised in a material way; or\n\nAgency agreements Division 5.1\n(b) that the public interest is not affected in an adverse and material\nway.\n(3) A licensed provider must not—\n(a) appoint; or\n(b) purport to appoint;\na person as an agent otherwise than in accordance with this section.\n(4) In this section:\nassociated person, in relation to a proposed agent, means—\n(a) if the proposed agent is an individual—the person; and\n(b) if the proposed agent is a body corporate—each director; and\n(c) each business associate of the proposed agent.\n","sortOrder":75},{"sectionNumber":"71","sectionType":"section","heading":"Notice of agency agreement","content":"71 Notice of agency agreement\nWithin 7 days after entering into an agency agreement, a licensed\nprovider must give to the commission a copy of the agreement.\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Amendment of agency agreement","content":"72 Amendment of agency agreement\n(1) An agency agreement may only be amended if the commission has\ngiven written approval to the amendment.\n(2) The commission may withhold approval of a proposed amendment\nonly if it is necessary to do so in the public interest or to protect proper\nstandards of integrity in the conduct of interactive games.\n\n","sortOrder":77},{"sectionNumber":"73","sectionType":"section","heading":"Returns about agents","content":"73 Returns about agents\n(1) A licensed provider must, within 14 days after each return day, give\na return to the commission that lists the provider’s agents on the return\nday.\nMaximum penalty: 10 penalty units.\n(2) For this section, each of the following is a return day of a licensee:\n(a) the day 6 months after the commencement of this section;\n(b) a day that is a multiple of 6 months after the day mentioned in\nparagraph (a).\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"Grounds for disciplinary action","content":"74 Grounds for disciplinary action\nEach of the following is a ground for disciplinary action in relation to\nan agent for this division:\n(a) that the agent is not, or is no longer, eligible to be an agent for a\nlicensed provider;\n(b) that the agent is not, or is no longer, a suitable person to be an\nagent;\n(c) that a business or executive associate of the agent is not, or is no\nlonger, a suitable person to be associated with an agent’s\noperations;\n(d) that the agent has been convicted of an offence against this Act,\na tax law or a corresponding law;\n(e) that the agent has been convicted, in Australia or elsewhere, of\nany other offence punishable on conviction by imprisonment for\nnot less than 12 months;\n\nDisciplinary action Division 5.2\n(f) that the agent has contravened a provision of this Act or a\ncorresponding law, being a provision a contravention of which\ndoes not constitute an offence.\n","sortOrder":79},{"sectionNumber":"75","sectionType":"section","heading":"Formation of commission’s beliefs","content":"75 Formation of commission’s beliefs\n(1) For the purpose of forming a belief that the ground mentioned in\nsection 74 (1) (b) exists, the commission may have regard to—\n(a) the agent’s character or business reputation; and\n(b) the agent’s current financial position and financial background;\nand\n(c) the agent’s general suitability to act as an agent for a licensed\n(2) For forming a belief that the ground mentioned in section 74 (1) (c)\nexists, the commission may have regard to the business or executive\nassociate’s character or business reputation, current financial position\nand financial background.\n","sortOrder":80},{"sectionNumber":"76","sectionType":"section","heading":"Commission’s notice to end agreement","content":"76 Commission’s notice to end agreement\nIf the commission is satisfied on reasonable grounds—\n(a) that a ground for disciplinary action exists in relation to an agent;\nand\n(b) that the ground is based on serious and fundamental\ncircumstances; and\n(c) that—\n(i) the integrity of the conduct of interactive games by the\nrelevant licensed provider may be jeopardised; or\n\n(ii) the public interest may be affected adversely;\nlicensed provider, direct the licensed provider to end the agency\nagreement between them within a period specified in the notice.\n","sortOrder":81},{"sectionNumber":"77","sectionType":"section","heading":"Suspension of agent’s operations","content":"77 Suspension of agent’s operations\n(1) If the commission is satisfied on reasonable grounds—\n(a) that a ground for disciplinary action exists in relation to an agent;\nand\n(b) that it is necessary to suspend an agent’s operations—\n(i) to ensure that the integrity of the conduct of interactive\ngames by the relevant licensed provider is not jeopardised;\nor\n(ii) in the public interest;\nlicensed provider, direct the agent to carry out no functions under the\nagency agreement between them for the period specified in the notice.\n(2) An agent to whom a notice under this section has been given must not\ncarry out any functions in contravention of the notice.\n\nDisciplinary action Division 5.2\n","sortOrder":82},{"sectionNumber":"78","sectionType":"section","heading":"Direction to rectify","content":"78 Direction to rectify\n(1) If the commission is satisfied on reasonable grounds that—\n(a) a ground for disciplinary action exists in relation to an agent;\nand\n(b) it is appropriate to give the agent an opportunity to rectify the\nmatter on which the disciplinary ground is founded;\nrelevant licensed provider, direct the agent to rectify a matter\nspecified in the notice within the period specified in the notice.\n(2) An agent to whom a notice under this section has been given must\ncomply with the notice.\n","sortOrder":83},{"sectionNumber":"79","sectionType":"section","heading":"Ending of agreement","content":"79 Ending of agreement\n(1) A licensed provider who has been given a notice under section 76 to\nend an agency agreement must—\n(a) end the agreement within the period stated in the notice; and\n(b) notify the commission in writing of the ending of the agreement\nwithin 7 days after ending it.\n(2) If the licensed provider does not end the agency agreement as\nrequired by subsection (1), the agreement is ended, by this subsection,\nat the end of the period stated in the notice.\n(3) The Territory does not incur any liability if an agency agreement is\nended by a licensed provider under subsection (1) or by\n(4) A licensed provider does not incur any liability because the licensed\nprovider ends an agency agreement under subsection (1).\n\n","sortOrder":84},{"sectionNumber":"80","sectionType":"section","heading":"Notice of ending of agreement","content":"80 Notice of ending of agreement\n(1) This section applies if an agency agreement is ended otherwise than\nbecause of a direction to end the agreement given to the licensed\nprovider by the commission.\n(2) If this section applies, the licensed provider must notify the\ncommission in writing of the ending of the agreement within 7 days\nafter the agreement is ended.\n\nLicence fees and tax Part 6\nPreliminary Division 6.1\n","sortOrder":85},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Preliminary","content":"Division 6.1 Preliminary\n","sortOrder":86},{"sectionNumber":"81","sectionType":"section","heading":"Meaning of interactive gambling tax","content":"81 Meaning of interactive gambling tax\nIn this part:\ninteractive gambling tax means the tax payable under section 83.\nDivision 6.2 Licence fees\n","sortOrder":87},{"sectionNumber":"82","sectionType":"section","heading":"Liability to licence fee","content":"82 Liability to licence fee\n(1) A licensed provider must pay to the commission the fee (the licence\nfee) payable for the licence issued to the provider.\n(2) The licence fee is payable—\n(a) on the day the provider is granted the licence; and\n(b) on each anniversary of that day.\n(3) The licence is suspended if a licence fee that is payable has not been\npaid.\n","sortOrder":88},{"sectionNumber":"83","sectionType":"section","heading":"Liability to tax","content":"83 Liability to tax\n(1) A licensed provider must pay to the Territory a tax for each authorised\ngame conducted by the licensed provider.\n(2) Interactive gambling tax is to be calculated and paid in accordance\nwith the regulations.\n\n","sortOrder":89},{"sectionNumber":"84","sectionType":"section","heading":"Returns for calculation of tax","content":"84 Returns for calculation of tax\nWithin 7 days after the end of each month, a licensed provider must\ngive the commission a return containing—\n(a) the information for calculating interactive gambling tax on\ngames conducted by the licensed provider during the relevant\nmonth that is prescribed; and\n(b) the other information prescribed for this paragraph.\n\nRules and directions Division 7.1\n","sortOrder":90},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 Rules and directions","content":"Division 7.1 Rules and directions\n","sortOrder":91},{"sectionNumber":"85","sectionType":"section","heading":"Rules","content":"85 Rules\n(1) The Minister may determine rules relating to—\n(a) the conduct of authorised games by licensed providers; or\n(b) prizes in authorised games conducted by licensed providers; or\n(c) the other matters relating to interactive gambling the Minister\nconsiders necessary.\n(2) A determination is a disallowable instrument.\n","sortOrder":92},{"sectionNumber":"86","sectionType":"section","heading":"Directions","content":"86 Directions\nThe commission may, by written notice given to—\n(a) a licensed provider; or\n(b) licensed providers specified in the notice; or\n(c) all licensed providers;\ngive directions about the conduct of authorised games by that\nprovider, the specified providers or all providers.\n","sortOrder":93},{"sectionNumber":"87","sectionType":"section","heading":"General responsibilities of licensed provider","content":"87 General responsibilities of licensed provider\nA licensed provider must comply with—\n(a) the rules determined by the Minister under this division; and\n(b) any direction given by the commission under this division.\n\n","sortOrder":94},{"sectionNumber":"88","sectionType":"section","heading":"Responsibility of licensed provider to ensure compliance","content":"88 Responsibility of licensed provider to ensure compliance\nby agent\nA licensed provider must ensure that every person who is an agent for\nthe provider—\n(a) is aware of the requirements of the rules, and any directions,\nunder this division; and\n(b) complies with those rules and directions.\n","sortOrder":95},{"sectionNumber":"89","sectionType":"section","heading":"Responsibility of agent","content":"89 Responsibility of agent\n(1) An agent must comply with—\n(a) rules determined by the Minister under this division; and\n(b) any direction given by the commission under this division.\n(2) It is a defence to a prosecution for a breach of subsection (1) (b) if the\nagent satisfies the court that the agent did not know, and could not\nreasonably be expected to have known, of the requirements of the\ndirection.\n","sortOrder":96},{"sectionNumber":"90","sectionType":"section","heading":"Licensed provider’s place of operation","content":"90 Licensed provider’s place of operation\n(1) A licensed provider must not conduct an authorised game unless the\nplace or places of operation from which the game is conducted—\n(a) is or are approved in writing by the commission; and\n(b) the approval has not been revoked.\n\nControl systems Division 7.3\n(2) A licensed provider must ensure that any regulated interactive\ngambling equipment used by the licensed provider for the conduct of\nauthorised games is situated at a place approved under subsection (1).\n","sortOrder":97},{"sectionNumber":"91","sectionType":"section","heading":"Agent’s place of operation","content":"91 Agent’s place of operation\nAn agent must not carry on operations in the ACT at a place other\nthan a place that—\n(a) is approved in writing by the commission; and\n(b) if the agent is an agent for a licensed provider—is stated in the\nagency agreement as the agent’s place of operation.\n","sortOrder":98},{"sectionNumber":"92","sectionType":"section","heading":"Authorised games to be conducted under approved","content":"92 Authorised games to be conducted under approved\ncontrol system\n(1) A licensed provider may conduct an authorised game only if—\n(a) the licensed provider has obtained approval of a control system\nby the commission; and\n(b) the game is conducted under the system.\n(2) A licensed provider may change the approved control system only—\n(a) with the approval of, or as directed by, the commission; and\n(b) in the way directed or approved by the commission.\n\n","sortOrder":99},{"sectionNumber":"93","sectionType":"section","heading":"Control system submission","content":"93 Control system submission\n(1) A licensed provider may make a submission in accordance with this\nsection to the commission for approval of a proposed control system\n(a control system submission).\n(2) A control system submission must be in writing.\n(3) A control system submission must describe and explain the licensed\nprovider’s proposed control system.\n(4) Without limiting subsection (3), a control system submission must\ninclude information about—\n(a) the following things to be used for the conduct of interactive\ngames:\n(i) accounting systems and procedures and chart of accounts;\n(ii) administrative systems and procedures;\n(iii) computer software;\n(iv) standard forms and terms; and\n(b) the general procedures to be followed for the conduct of\ninteractive games; and\n(c) the procedures and standards for the maintenance, security,\nstorage and transportation of equipment to be used for the\nconduct of interactive games; and\n(d) the procedures for recording and paying prizes won in\ninteractive games; and\n(e) the procedures for using and maintaining security facilities; and\n(f) the positions to be designated as key positions.\n\nControl systems Division 7.3\n","sortOrder":100},{"sectionNumber":"94","sectionType":"section","heading":"Changes to control systems","content":"94 Changes to control systems\n(1) A licensed provider may make a submission to the commission for\napproval to change the licensed provider’s approved control system\n(a control system submission).\n(2) A control system submission under this section must be made in\nwriting—\n(a) at least 90 days before the licensed provider proposes to start\nconducting interactive games under the approved control system\nas proposed to be changed; or\n(b) if the commission considers it appropriate to allow a submission\nto be made at a later time—within the period allowed by the\ncommission.\n(3) A submission under this section must contain particulars of the\nproposed changes of the licensed provider’s approved control system.\n","sortOrder":101},{"sectionNumber":"95","sectionType":"section","heading":"Consideration of, and decisions about, submissions","content":"95 Consideration of, and decisions about, submissions\n(1) The commission must consider a submission and either approve it or\nrefuse to approve it.\n(2) In considering a submission, the commission may, by written notice\ngiven to the licensed provider, require the licensed provider—\n(a) to give the commission the further information about the\nsubmission that is specified in the notice and is necessary and\nreasonable to help the commission to make a decision about the\nsubmission; or\n(b) to allow the commission to submit the proposed control system,\nor the approved control system as proposed to be changed, to\ntests.\n\n(3) In considering whether to give an approval, the commission must\nhave regard to—\n(a) whether the submission satisfies the requirements under this\ndivision; and\n(b) whether the licensed provider’s proposed control system, or\napproved control system as proposed to be changed, is capable\nof providing satisfactory and effective control over the conduct\nof interactive games.\n(4) The commission may refuse to give an approval if the licensed\nprovider fails to comply with a requirement under subsection (2)\nwithout a reasonable excuse.\n(5) The commission must promptly give to the licensed provider a\nwritten notice of the commission’s decision.\n(6) If the commission refuses to give an approval, the notice under\nsubsection (5) must state the reasons for the decision and, if the\ncommission believes that the submission is capable of being easily\nrectified to enable the commission to approve it, the notice must\nalso—\n(a) explain how the submission may be changed; and\n(b) invite the licensed provider to resubmit the submission after\nmaking the appropriate changes.\n(7) In this section:\nsubmission means a submission under section 93 or 94.\n\nDealings involving players’ accounts Division 7.4\n","sortOrder":102},{"sectionNumber":"96","sectionType":"section","heading":"Direction to change approved control system","content":"96 Direction to change approved control system\n(1) The commission may, by written notice given to a licensed provider,\ndirect the provider to change the provider’s approved control system\nwithin the period, and in the way, stated in the notice.\n(2) A licensed provider must comply with a direction under\nsubsection (1).\n(3) If a licensed provider does not comply with a direction under\nsubsection (1), the approval for the licensed provider’s control system\nis, by this subsection, cancelled.\n","sortOrder":103},{"sectionNumber":"96A","sectionType":"section","heading":"Players’ funds must be kept in trust account","content":"96A Players’ funds must be kept in trust account\n(1) A licensed provider must establish 1 or more trust accounts with a\nfinancial institution in a way approved in writing by the commission\n(approved trust accounts).\n(2) The provider must keep all funds in a player’s account in an approved\ntrust account.\n(3) The provider must not keep any other funds in an approved trust\naccount.\n(4) The provider must distribute interest paid on an approved trust\naccount only in a way approved in writing by the commission.\n","sortOrder":104},{"sectionNumber":"97","sectionType":"section","heading":"Funds in player’s accounts to be remitted on demand","content":"97 Funds in player’s accounts to be remitted on demand\n(1) A licensed provider must, at the request of the player in whose name\na player’s account is established, remit funds standing to the credit of\nthe account as directed by the player no later than the first business\nday after the request is received.\n\n(2) In this section:\nbusiness day means a day banks are open for business in the ACT.\n","sortOrder":105},{"sectionNumber":"98","sectionType":"section","heading":"Licensed provider or agent not to act as credit provider","content":"98 Licensed provider or agent not to act as credit provider\n(1) A licensed provider or an agent must not provide credit to a player.\n(2) A licensed provider or an agent must not act as agent for a credit\nprovider to facilitate the provision of credit to a player.\n","sortOrder":106},{"sectionNumber":"99","sectionType":"section","heading":"Licensed providers’ limited recourse to players’ accounts","content":"99 Licensed providers’ limited recourse to players’ accounts\nA licensed provider must not have recourse to funds in a player’s\naccount except—\n(a) to debit to the account a wager made by the player or an amount\nthe player indicates the player wants to wager in the course of\nan authorised game the player is playing or about to play; or\n(b) to remit funds standing to the credit of the account to the player\nat the player’s request; or\n(c) as otherwise authorised under this Act.\n","sortOrder":107},{"sectionNumber":"100","sectionType":"section","heading":"Inactive players’ accounts","content":"100 Inactive players’ accounts\n(1) Subject to subsection (2), if no transaction has been recorded on a\nplayer’s account for the prescribed period, the licensed provider must\npay any remaining balance to the player or, if the player cannot be\nfound, deal with it in accordance with the regulations.\n\nResponsible gambling Division 7.5\n(2) This section does not apply if the player has requested the licensed\nprovider in writing to keep the account open.\n","sortOrder":108},{"sectionNumber":"101","sectionType":"section","heading":"Limitation on amount wagered","content":"101 Limitation on amount wagered\n(1) A player may, by written notice to a licensed provider, set a limit on\nthe amount the player may wager.\n(2) A limit may be set under subsection (1)—\n(a) in relation to a game or any number of single games; or\n(b) by way of a maximum limit that may be wagered over a number\nof games specified in the notice or played during a period\nspecified in the notice; or\n(c) at zero.\n(3) A licensed provider who has received a notice under subsection (1)\nmust not debit a wager to a player’s account in excess of a limit set\nout in the notice.\n(4) A player who has set a limit under this section may change or revoke\nthe limit by written notice given to the licensed provider.\n(5) A notice increasing or revoking a limit does not have effect unless—\n(a) 7 days have passed since the provider received the notice; and\n(b) the player has not notified the provider of an intention to\nwithdraw the notice.\n(6) A notice reducing the limit has effect on its receipt by the licensed\n\n","sortOrder":109},{"sectionNumber":"102","sectionType":"section","heading":"Prohibition of interactive gambling","content":"102 Prohibition of interactive gambling\n(1) Application may be made to the commission for an order—\n(a) prohibiting a person who is resident in the ACT from\nparticipating in authorised games; or\n(b) revoking an order under paragraph (a).\n(2) An application under this section may only be made by—\n(a) a person who seeks a prohibition, or the revocation of a\nprohibition, against themself; or\n(b) a person who satisfies the commission of a close personal\ninterest in the welfare of the person against whom a prohibition\nis sought.\n(3) If the application is made by a person other than the person against\nwhom the prohibition is sought or has been imposed (the affected\nperson), the commission must—\n(a) give to the affected person written notice of the application and\nthe reasons for it; and\n(b) invite the affected person to make representations to the\ncommission about the application within a reasonable period\nstated in the notice.\n(4) The commission must, after considering any representations from the\napplicant, and if the applicant is not the affected person, the affected\nperson—\n(a) if satisfied that the order sought in the application should be\nmade in the interest of the affected person and the public\ninterest—make the order; or\n(b) if not so satisfied—refuse to make the order.\n\nGambling records Division 7.6\n(5) If an order is made on the application, the commission must give\ncopies of the order to—\n(a) all authorised providers; and\n(b) all participating regulators.\n(6) An authorised provider to whom a copy of an order imposing a\nprohibition has been given must not accept a wager from a person, or\nallow a person to participate in any other way in an authorised game,\ncontrary to the prohibition.\n(7) It is a defence to a prosecution for an offence against subsection (6)\nif the defendant believed on reasonable grounds that the person who\nparticipated in the authorised game was not the person subject to the\nprohibition.\n(8) The commission may, on application in writing by an applicant for an\norder under subsection (1), waive any fee payable for the application\nfor the order.\n","sortOrder":110},{"sectionNumber":"103","sectionType":"section","heading":"Definitions for div 7.6","content":"103 Definitions for div 7.6\napproved place means a place approved under section 104 (1) (a).\nexempt gambling record means—\n(a) a record specified under section 104 (1) (b); or\n(b) a record specified under section 104 (1) (c)—\n(i) during the period specified under that paragraph; or\n(ii) while the circumstances specified under that paragraph\nexist.\n\npublic office, in relation to a licensed provider, means the licensed\nprovider’s principal place of business in the ACT or, if the licensed\nprovider is a corporation and has its registered office in the ACT, the\nregistered office.\n","sortOrder":111},{"sectionNumber":"104","sectionType":"section","heading":"Notices about keeping gambling records","content":"104 Notices about keeping gambling records\n(1) The commission may, by written notice given to a licensed\nprovider—\n(a) approve a place nominated in writing by the licensed provider\n(other than the licensed provider’s public office) as a place for\nkeeping the licensed provider’s gambling records; or\n(b) specify a gambling record of the licensed provider that is not\nrequired to be kept at the licensed provider’s public office or an\napproved place; or\n(c) specify a gambling record of the licensed provider that may be\nkept temporarily at a place other than the licensed provider’s\npublic office or an approved place, and the period during which,\nor the circumstances in which, the record may be kept at the\nother place; or\n(d) approve the keeping of information contained in a gambling\nrecord that is no longer being used in a way different from the\nway the information was kept when the record was being used\nby the licensed provider; or\n(e) approve the destruction of a gambling record the commission\nconsiders need not be kept.\n(2) The commission may specify a gambling record for subsection (1) (b)\nonly if the commission considers that there is sufficient reason for the\nrecord to be kept at a place other than the licensed provider’s public\noffice or an approved place.\n\nFinancial accounts, statements and reports Division 7.7\n","sortOrder":112},{"sectionNumber":"105","sectionType":"section","heading":"Gambling records to be kept at certain place","content":"105 Gambling records to be kept at certain place\n(1) A licensed provider must keep the licensed provider’s gambling\nrecords at—\n(a) the licensed provider’s public office; or\n(b) at an approved place for the records.\n(2) Subsection (1) does not apply in relation to an exempt gambling\nrecord.\nDivision 7.7 Financial accounts, statements and\nreports\n","sortOrder":113},{"sectionNumber":"106","sectionType":"section","heading":"Keeping of accounts","content":"106 Keeping of accounts\nA licensed provider must—\n(a) keep accounting records that correctly record and explain the\ntransactions and financial position for the licensed provider’s\noperations conducted under the interactive gambling licence;\nand\n(b) keep the accounting records in a way that allows—\n(i) true and fair financial statements and accounts to be\nprepared from time to time; and\n(ii) the financial statements and accounts to be conveniently\nand properly audited.\n\nDivision 7.7 Financial accounts, statements and reports\n","sortOrder":114},{"sectionNumber":"107","sectionType":"section","heading":"Preparation of financial statements and accounts","content":"107 Preparation of financial statements and accounts\n(1) A licensed provider must prepare financial statements and accounts\nas required by this section giving a true and fair view of the licensed\nprovider’s financial operations conducted under the interactive\ngambling licence.\n(2) The financial statements and accounts must include the following:\n(a) trading accounts, if applicable, for each financial year;\n(b) profit and loss accounts for each financial year;\n(c) a balance sheet as at the end of each financial year.\n","sortOrder":115},{"sectionNumber":"108","sectionType":"section","heading":"Submission of reports","content":"108 Submission of reports\n(1) A licensed provider must give reports to the commission as required\nby this section about the licensed provider’s operations under the\ninteractive gambling licence.\n(2) The reports must be given at the times stated in a written notice given\nto the licensed provider by the commission.\n(3) The commission may, by written notice given to a licensed provider,\nrequire the provider to give to the commission further information\nspecified in the notice within the period stated in the notice, being\ninformation that the commission reasonably requires to acquire a\nproper appreciation of the licensed provider’s operations.\n(4) A licensed provider must not fail, without reasonable excuse, to\ncomply with a notice under subsection (3).\n\nAudit Division 7.8\n(5) A licensed provider must not give to the commission in a report under\nthis section information that the licensed provider knows to be false,\nmisleading or incomplete in a material particular.\nDivision 7.8 Audit\n","sortOrder":116},{"sectionNumber":"109","sectionType":"section","heading":"Audit of licensed provider’s operations","content":"109 Audit of licensed provider’s operations\nAs soon as practicable after the end of a financial year, a licensed\nprovider must, at the provider’s own expense, cause the books,\naccounts and financial statements for the operations conducted under\nthe interactive gambling licence for the financial year to be audited\nby a registered company auditor.\n","sortOrder":117},{"sectionNumber":"110","sectionType":"section","heading":"Audit reports","content":"110 Audit reports\n(1) A licensed provider must give a copy of the report on an audit\nconducted under this division to the commission within 3 months\nafter the end of the financial year to which the audit relates.\n(2) A licensed provider must not, without reasonable excuse, fail to\ncomply with subsection (1).\n","sortOrder":118},{"sectionNumber":"111","sectionType":"section","heading":"Further information following audit","content":"111 Further information following audit\n(1) On receiving a copy of an audit report, the commission may, by\nwritten notice given to the licensed provider, require the licensed\nprovider to give the commission the further information specified in\nthe notice about any matter relating to the licensed provider’s\noperations that is mentioned in the audit report.\n(2) A notice under subsection (1) must specify a period within which the\nnotice is to be complied with.\n\n(3) A licensed provider must not fail, without reasonable excuse, to\ncomply with a notice under this section.\n","sortOrder":119},{"sectionNumber":"112","sectionType":"section","heading":"Meaning of ancillary gambling agreement and related","content":"112 Meaning of ancillary gambling agreement and related\nagreement\nancillary gambling agreement means an agreement, contract, lease\nor arrangement, whether written or unwritten, under which a person\nagrees to provide to a licensed provider a thing or service in return for\na direct or indirect interest in, or percentage or share of—\n(a) amounts received by the licensed provider in the course of the\nlicensed provider’s business; or\n(b) the revenue, profit or earnings derived by the licensed provider\nfrom the licensed provider’s business;\nbut does not include an agency agreement.\nrelated agreement means—\n(a) an agreement, contract, lease or arrangement, whether written or\nunwritten, that—\n(i) is entered into between a licensed provider and another\nperson; and\n(ii) relates to the operations of the licensed provider under the\ninteractive gambling licence; or\n(b) an ancillary gambling agreement.\n\nAncillary and related agreements Division 7.9\n","sortOrder":120},{"sectionNumber":"113","sectionType":"section","heading":"Ancillary gambling agreement","content":"113 Ancillary gambling agreement\n(1) Subject to subsection (2), a licensed provider must not enter into, or\nbe a party to, an ancillary gambling agreement without the written\napproval of the commission.\n(2) Subsection (1) does not apply if—\n(a) the commission considers the agreement to be an agreement of\nminor importance; or\n(b) the agreement is of a class excluded from the application of this\nsection under the regulations.\n","sortOrder":121},{"sectionNumber":"114","sectionType":"section","heading":"Approval of ancillary gambling agreements","content":"114 Approval of ancillary gambling agreements\n(1) A licensed provider may apply to the commission for approval to\nenter into an ancillary gambling agreement.\n(2) The commission may give the approval if the commission considers\nit appropriate or desirable in all the circumstances for the licensed\nprovider to enter into the agreement.\n(3) An approval must be in writing.\n","sortOrder":122},{"sectionNumber":"115","sectionType":"section","heading":"Review of related agreements","content":"115 Review of related agreements\n(1) The commission may, by written notice given to a licensed provider,\nrequire the licensed provider to give to the commission, within the\nperiod stated in the notice—\n(a) the information stated in the notice about a related agreement to\nwhich the licensed provider is a party; and\n(b) if the agreement is in writing—a copy of the agreement.\n\n(2) Without limiting subsection (1), the information that the commission\nmay require to be given about a related agreement includes the\nfollowing:\n(a) the names of the parties;\n(b) a description of any property, goods or other things, or any\nservices, supplied or to be supplied;\n(c) the value or nature of the consideration;\n(d) the term of the agreement.\n(3) A licensed provider to whom a notice under this section has been\ngiven must comply with the requirement within the period stated in\nthe notice, unless the licensed provider has a reasonable excuse.\n","sortOrder":123},{"sectionNumber":"116","sectionType":"section","heading":"Direction to end related agreement","content":"116 Direction to end related agreement\n(1) The commission may direct the ending of a related agreement if the\ncommission believes on reasonable grounds that the continuance of\nthe agreement—\n(a) may jeopardise the integrity of the conduct of interactive games\nby the licensed provider who is a party to the agreement; or\n(b) may affect the public interest adversely.\n(2) A direction under this section must be given by written notice to each\nof the parties to the agreement.\n(3) A notice must state—\n(a) the reasons for the decision to direct the ending of the related\nagreement; and\n(b) the period within which the agreement is required to be ended.\n(4) If an agreement referred to in a notice under this section is not ended\nwithin the period stated in the notice, it is ended at the end of that\nperiod by this subsection.\n\nOfficial supervision Division 7.10\n(5) The ending of the agreement under a direction under this section or\nby subsection (4) does not affect any rights or liabilities acquired or\nincurred by a party to the agreement before the ending of the\nagreement.\n(6) The Territory does not incur any liability because of the ending of an\nagreement under a direction under this section or by subsection (4).\n(7) A party to the agreement does not incur any liability for breach of the\nagreement because of the ending of an agreement under a direction\nunder this section or by subsection (4).\nDivision 7.10 Official supervision\n","sortOrder":124},{"sectionNumber":"117","sectionType":"section","heading":"Monitoring operations","content":"117 Monitoring operations\nA licensed provider must, at the request of the commission, do\nanything reasonably necessary to allow an authorised officer to\nmonitor the licensed provider’s operations.\n","sortOrder":125},{"sectionNumber":"118","sectionType":"section","heading":"Presence of authorised officers at certain operations","content":"118 Presence of authorised officers at certain operations\n(1) The commission may take action under this section to ensure the\nintegrity of the conduct of an authorised game.\n(2) The commission may, by written notice given to a licensed provider,\ndirect the licensed provider—\n(a) to refrain from carrying out any activity specified in the notice;\nor\n(b) to refrain from doing a thing specified in the notice;\nin the conduct of an authorised game unless an authorised officer is\npresent.\n(3) A licensed provider must comply with a direction under this section.\n\n","sortOrder":126},{"sectionNumber":"119","sectionType":"section","heading":"Payment or collection of prizes","content":"119 Payment or collection of prizes\n(1) If a player in an authorised game conducted by a licensed provider\nwins a monetary prize, the licensed provider must immediately credit\nthe amount of the prize to the player’s account.\n(2) If a player in an authorised game conducted by a licensed provider\nwins a non-monetary prize the provider must—\n(a) have the prize delivered personally or by post to the player; or\n(b) give the player written notice of an address in the ACT where\nthe prize may be collected.\n","sortOrder":127},{"sectionNumber":"120","sectionType":"section","heading":"Disposal of unclaimed non-monetary prizes","content":"120 Disposal of unclaimed non-monetary prizes\n(1) This section applies if a non-monetary prize in an authorised game\nconducted by a licensed provider has not been collected within 3\nmonths after notification to the winner of the place where it may be\ncollected.\n(2) If this section applies, the licensed provider—\n(a) may dispose of the prize by public auction or tender or in some\nother way approved by the commission; and\n(b) may pay for the disposal from the proceeds of sale; and\n(c) must—\n(i) pay the remainder of the proceeds into the relevant player’s\naccount; or\n(ii) if there is no current player’s account—remit the remainder\nof the proceeds to the former player; or\n(iii) if there is no current player’s account and the licensed\nprovider is unaware of the whereabouts of the former\nplayer—deal with it in accordance with the regulations.\n\nPrizes Division 7.11\n","sortOrder":128},{"sectionNumber":"121","sectionType":"section","heading":"Claim for prize","content":"121 Claim for prize\n(1) If a claim for a prize in an authorised game is made to a licensed\nprovider within 1 year after the end of the game, the licensed provider\nmust—\n(a) immediately try to resolve the claim; and\n(b) if the licensed provider is not able to resolve the claim—by\nwritten notice (a claim result notice) given to the claimant,\npromptly inform the claimant—\n(i) of the licensed provider’s decision on the claim; and\n(ii) that the person may, within 10 days of receiving the notice,\nask the commission to review the decision.\n(2) If the claim is not resolved, the claimant may ask the commission to\nreview the licensed provider’s decision on the claim.\n(3) If the claimant receives a claim result notice, the claimant must make\nany request to the commission under subsection (2) within 10 days\nafter the day the claimant receives the notice.\n","sortOrder":129},{"sectionNumber":"122","sectionType":"section","heading":"Entitlement to prize lapses if not claimed within 1 year","content":"122 Entitlement to prize lapses if not claimed within 1 year\nIf an unpaid or undelivered prize is not claimed within 1 year after\nthe end of the authorised game in which the prize was won, the\nentitlement to the prize is extinguished and the prize is forfeited to the\nTerritory.\n\n","sortOrder":130},{"sectionNumber":"123","sectionType":"section","heading":"Aborted games","content":"123 Aborted games\n(2) If an authorised game conducted by a licensed provider is started but\nmiscarries because of human error, or a failure of an operating or\ntelecommunication system, the licensed provider—\n(a) must immediately inform the commission of the circumstances\nof the incident; and\n(b) must not conduct a further game if the game is likely to be\naffected by the same error or fault.\n(3) After investigating the incident, the commission may, by written\nnotice to the licensed provider—\n(a) direct the licensed provider to—\n(i) refund the amounts wagered in the game to the players; and\n(ii) if a player has an accrued credit when the game\nmiscarries—pay to the player the monetary value of the\ncredit; or\n(b) give to the licensed provider the other directions the commission\nconsiders appropriate in the circumstances.\n(4) A licensed provider must comply with a direction under\nsubsection (3).\n(5) If a person entitled to a refund or other payment under this section has\na player’s account, the amount of the refund or other payment is to be\npaid into the account.\n","sortOrder":131},{"sectionNumber":"124","sectionType":"section","heading":"Power to withhold prize in certain cases","content":"124 Power to withhold prize in certain cases\n(1) A licensed provider who has reason to believe that the result of an\nauthorised game has been affected by an illegal activity or\nmalfunction of equipment may withhold a prize in the game.\n\nApproval and use of regulated interactive gambling equipment Division 7.13\n(2) If a licensed provider withholds a prize under subsection (1), the\nprovider—\n(a) must immediately inform the commission of the circumstances\nof the incident; and\n(b) must not conduct a further game if a recurrence of the illegality\nor malfunction is likely.\n(3) After investigating the incident, the commission may, by written\nnotice to the licensed provider—\n(a) direct the licensed provider to pay the prize; or\n(b) confirm the licensed provider’s decision to withhold the prize.\n(4) A licensed provider who is directed to withhold a prize under\nsubsection (3) (b) must refund the amounts wagered in the game.\n(5) A licensed provider must comply with a direction under\nsubsection (3) (a).\nDivision 7.13 Approval and use of regulated\ninteractive gambling equipment\n","sortOrder":132},{"sectionNumber":"125","sectionType":"section","heading":"Approval of regulated interactive gambling equipment","content":"125 Approval of regulated interactive gambling equipment\n(1) A licensed provider may apply to the commission—\n(a) for approval of regulated interactive gambling equipment\nproposed to be used in the conduct of authorised games by the\nlicensed provider; or\n(b) for approval to modify regulated interactive gambling\nequipment used in the conduct of authorised games by the\n(2) If the commission believes that, to give proper consideration to the\napplication, it is necessary for the commission to evaluate the\nequipment, or the equipment as proposed to be modified, the\ncommission must carry out the evaluation as soon as practicable.\n\n(3) The commission must approve, or refuse to approve, the equipment\nor modification and give to the applicant written notice of the\ncommission’s decision.\n(4) If the commission decides to refuse an application under this section,\nthe notice under subsection (3) must state the reasons for the decision.\n","sortOrder":133},{"sectionNumber":"126","sectionType":"section","heading":"Use of regulated interactive gambling equipment","content":"126 Use of regulated interactive gambling equipment\n(1) A licensed provider must not use regulated interactive gambling\nequipment in conducting an authorised game unless the equipment is\napproved interactive gambling equipment.\n(2) An agent of a licensed provider must not use regulated interactive\ngambling equipment for the conduct of an authorised game by the\nlicensed provider unless the equipment is approved interactive\ngambling equipment.\n(3) A licensed provider or agent must not modify interactive gambling\nequipment that has been approved under section 125 in a way that has\nnot been approved by the commission in writing.\n","sortOrder":134},{"sectionNumber":"127","sectionType":"section","heading":"Advertising interactive gambling","content":"127 Advertising interactive gambling\n(1) A person must not advertise an interactive game unless the game is\n\nAdvertising Division 7.14\n(2) A person must not advertise an authorised game without the approval\nof the relevant authorised provider.\n","sortOrder":135},{"sectionNumber":"128","sectionType":"section","heading":"Directions about advertising","content":"128 Directions about advertising\n(1) If the commission reasonably believes that an advertisement about an\nauthorised game—\n(a) is indecent or offensive; or\n(b) is not based on fact; or\n(c) is false, deceptive or misleading in a material particular;\nthe commission may direct the person appearing to be responsible for\nauthorising the advertisement to take appropriate steps—\n(d) to stop the advertisement being shown; or\n(e) to change the advertisement.\n(2) A direction under this section—\n(a) must be in writing; and\n(b) must state the grounds for the direction; and\n(c) if it is a direction to change the advertisement—must state how\nthe advertisement is to be changed.\n(3) A person to whom a direction under this section is given must not fail,\nwithout reasonable excuse, to comply with the direction.\n\n","sortOrder":136},{"sectionNumber":"129","sectionType":"section","heading":"Inquiries about complaints","content":"129 Inquiries about complaints\n(1) A licensed provider must inquire into—\n(a) a complaint made to the licensed provider by a person about—\n(i) the conduct of an authorised game by the licensed provider;\nor\n(ii) the conduct of an agent of the licensed provider in\noperations related to an authorised game; or\n(b) a complaint referred to the licensed provider by the commission\nunder subsection (3).\n(2) Within 21 days after a complaint is received by, or referred to, the\nlicensed provider, the licensed provider must give written notice of\nthe result of the inquiry to—\n(a) the complainant; and\n(b) if the complaint was referred to the licensed provider by the\ncommission—the commission.\n(3) If a complaint is made to the commission about the conduct of an\nauthorised game, or the conduct of an agent in operations related to\nan authorised game, the commission must promptly—\n(a) inquire into the complaint; or\n(b) if the commission considers it appropriate—\n(i) refer the complaint to the licensed provider who conducted\nthe game; or\n(ii) if the authorised game is conducted by an external\nprovider—refer the complaint to the relevant participating\nregulator.\n\nComplaints and improper behaviour Division 7.15\n(4) The commission must promptly advise the complainant of—\n(a) the result of the commission’s inquiry; or\n(b) the commission’s decision to refer the complaint to the licensed\nprovider or a participating regulator.\n(5) This section does not apply in relation to a complaint unless the\ncomplaint—\n(a) is in writing; and\n(b) states the complainant’s name and address; and\n(c) gives appropriate details of the complaint.\n","sortOrder":137},{"sectionNumber":"130","sectionType":"section","heading":"Reporting improper behaviour","content":"130 Reporting improper behaviour\n(1) An authorised provider, within 3 days of becoming aware, or\nsuspecting on reasonable grounds, that—\n(a) a person, by a dishonest or unlawful act affecting the conduct or\nplaying of an authorised game in the ACT, has obtained a benefit\nfor the person or another person; or\n(b) there has been an unlawful act affecting the conduct or playing\nof an authorised game in the ACT;\nmust give the commission a written notice advising the commission\nof all facts known to the authorised provider about the matter.\n(2) An agent, within 3 days of becoming aware, or suspecting on\nreasonable grounds, that—\n(a) a person, by a dishonest or unlawful act affecting the conduct or\nplaying of an authorised game in the ACT, has obtained a benefit\nfor the person or another person; or\n\n(b) there has been an unlawful act affecting the conduct or playing\nof an authorised game in the ACT;\nmust give the commission a written notice advising the commission\nof all facts known to the agent about the matter.\n(3) A person must not—\n(a) refuse to employ; or\n(b) dismiss from employment; or\n(c) in the course of employment, penalise; or\n(d) in any way prejudice the career of;\nanother person because the other person has given, or may give, a\nnotice under this section.\n(4) It is a defence to a prosecution for a breach of subsection (3) that—\n(a) the defendant had another ground for engaging in the conduct\nalleged; and\n(b) that ground is a reasonable one.\ndishonest act means fraud, misrepresentation or theft.\n\n","sortOrder":138},{"sectionNumber":"131","sectionType":"section","heading":"Cheating","content":"131 Cheating\n(1) A person must not, in relation to an authorised game, dishonestly\nobtain a benefit by—\n(a) an act, practice or scheme; or\n(b) the use of a thing.\n(2) For subsection (1), a person obtains a benefit if the person—\n(a) obtains for themself or another person; or\n(b) induces a person to deliver, give or credit to the firstmentioned\nperson or another person;\nany money, benefit, advantage, valuable consideration or security.\n","sortOrder":139},{"sectionNumber":"132","sectionType":"section","heading":"Impersonating certain persons","content":"132 Impersonating certain persons\nA person must not pretend to be a licensed provider, an agent or a key\nperson licensee.\n","sortOrder":140},{"sectionNumber":"133","sectionType":"section","heading":"Participation in authorised games by employees of","content":"133 Participation in authorised games by employees of\nlicensed providers\n(1) An employee (whether a key person licensee or not) of a licensed\nprovider must not take part in an authorised game.\n\n(2) In addition to any penalty imposed under subsection (1), a court that\nconvicts a person of an offence against that subsection must order that\nthe convicted person pay to the Territory a penalty equal to any\namount that the person may have won by way of prize in any game in\nrelation to the participation in which the person has been convicted.\n","sortOrder":141},{"sectionNumber":"134","sectionType":"section","heading":"Participation by children in conduct of approved games","content":"134 Participation by children in conduct of approved games\nprohibited\n(1) A licensed provider or an agent must not allow a person who is under\n18 years old to participate in the conduct of an authorised game.\nif the defendant believed on reasonable grounds that the person in\nrelation to whom the alleged offence relates was over 18 years old.\n(3) A person who is under 18 years old must not, without reasonable\nexcuse, participate in the conduct of an authorised game.\n","sortOrder":142},{"sectionNumber":"135","sectionType":"section","heading":"Participation by children as players prohibited","content":"135 Participation by children as players prohibited\n(1) A person involved in the conduct of an authorised game must not\nallow a person who is under 18 years old to participate as a player in\nif the defendant believed on reasonable grounds that the person in\nrelation to whom the alleged offence relates was over 18 years old.\n(3) A person who is under 18 years old must not, without reasonable\nexcuse, participate as a player in an authorised game.\n\n(4) In addition to any penalty imposed under subsection (1), a court that\nconvicts a person of an offence against that subsection must order that\nthe convicted person pay to the Territory a penalty equal to any\namount that the person may have won by way of prize in any game in\nrelation to the participation in which the person has been convicted.\n","sortOrder":143},{"sectionNumber":"136","sectionType":"section","heading":"Offensive names prohibited","content":"136 Offensive names prohibited\nA person must not participate in an authorised game under a name or\ndesignation that is obscene, indecent or offensive.\n","sortOrder":144},{"sectionNumber":"137","sectionType":"section","heading":"Interference with conduct of authorised games","content":"137 Interference with conduct of authorised games\nA person must not, without the commission’s written authorisation,\ninterfere in the conduct of an authorised game.\n","sortOrder":145},{"sectionNumber":"138","sectionType":"section","heading":"Offences by certain persons","content":"138 Offences by certain persons\n(1) A person, other than an authorised person, must not, for the person’s\ngain or reward—\n(a) induce anyone else to take part in an authorised game; or\n(b) offer to anyone else an opportunity to take part in an authorised\ngame; or\n(c) distribute or supply forms for registration as a player in an\nauthorised game (a player registration form); or\n(d) cause player registration forms to be distributed or supplied to\npersons other than authorised providers or agents.\n(2) A person, other than an authorised person, must not—\n(a) advertise; or\n\n(b) publicly promote subscription to, or taking part in;\n(3) A person must not charge an amount for—\n(a) filling in a player registration form; or\n(b) depositing a player registration form, directly or indirectly, with\na licensed provider or an agent; or\n(c) submitting, or arranging for the submission of, a player\nregistration form to a licensed provider or an agent; or\n(d) collecting or distributing prizes in an authorised game.\n(4) A person must not hold themself out to be available to perform a\nservice mentioned in subsection (2).\nauthorised person means—\n(a) a licensed provider; or\n(b) an agent of a licensed provider, acting within the scope of the\nagent’s authority; or\n(c) a party to an ancillary gambling agreement acting under the\nagreement.\n\n","sortOrder":146},{"sectionNumber":"139","sectionType":"section","heading":"Licensed providers not to publish identity of players in","content":"139 Licensed providers not to publish identity of players in\ncertain cases\n(1) A licensed provider, an employee of a licensed provider or any other\nperson engaged in duties related to the conduct of an authorised game\nmust not—\n(a) disclose information about the name, or other identifying\nparticulars, of a player; or\n(b) use information about a player for a purpose other than the\npurpose for which the information was given.\nif the defendant proves that the disclosure or use was—\n(a) authorised by the relevant player; or\n(b) required for the administration or enforcement of this Act, the\nTaxation Administration Act 1999 or a corresponding law; or\n(c) otherwise required by law.\n\nPart 8 Notification and review of decisions\nPart 8 Notification and review of\ndecisions\n140 Definitions—pt 8\nIn this part:\nprimary decision means a decision by the Minister mentioned in\nschedule 1, part 1.1, column 3, under a provision of this Act\nmentioned in column 2 in relation to the decision.\nreviewable decision means—\n(a) a primary decision in relation to which the Minister has not\nsigned a certificate under section 46 (Security related decisions);\nor\n(b) a decision by the commission mentioned in schedule 1, part 1.2,\ncolumn 3, under a provision of this Act mentioned in column 2\nin relation to the decision\n","sortOrder":147},{"sectionNumber":"141","sectionType":"section","heading":"Reviewable decision notices","content":"141 Reviewable decision notices\nIf an entity makes a reviewable decision, the entity must give a\nreviewable decision notice to each entity mentioned in schedule 1,\npart 1.2, column 4 in relation to the decision\nNote The entity must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":148},{"sectionNumber":"142","sectionType":"section","heading":"Applications for review","content":"142 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) for a primary decision in relation to which the Minister has not\nsigned a certificate under section 46—an entity mentioned in\nschedule 1, part 1.1, column 4 in relation to the decision;\n\nNotification and review of decisions Part 8\n(b) for any other reviewable decision—an entity mentioned in\nschedule 1, part 1.2, column 4 in relation to the decision;\n(c) any other person whose interests are affected by the decision.\n\n","sortOrder":149},{"sectionNumber":"143","sectionType":"section","heading":"Destruction of prints and photographs","content":"143 Destruction of prints and photographs\nIf—\n(a) an application by a person to the Minister or the commission for\na licence under this Act is refused; or\n(b) a licence held by a person is surrendered or cancelled;\nand the person had lodged with the Minister or the commission, in\nconnection with the application referred to in paragraph (a) or the\napplication for the licence referred to in paragraph (b), the imprint of\nthe finger prints or palm prints or a photograph of the person, the\nMinister or commission must destroy—\n(c) the imprint of the finger prints and palm prints, and the\nphotograph, of that person, that accompanied that application or\nthe application for that licence; and\n(d) any copy of that imprint, or those imprints, and of that\nphotograph, that is in the possession or control of the Minister\nor commission for a purpose connected with that application, or\nthe application for that licence.\n","sortOrder":150},{"sectionNumber":"144","sectionType":"section","heading":"Acts and omissions of representatives","content":"144 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\n\nMiscellaneous Part 9\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":151},{"sectionNumber":"145","sectionType":"section","heading":"Determination of fees","content":"145 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n\n","sortOrder":152},{"sectionNumber":"146","sectionType":"section","heading":"Register of interactive gambling licences","content":"146 Register of interactive gambling licences\n(1) The commission must establish and maintain, in the form the\ncommission considers appropriate, a register of interactive gambling\nlicences issued under this Act on which there must be entered—\n(a) particulars of the person to whom the licence has been issued;\nand\n(b) particulars of the issue and any suspension, cancellation or\nsurrender of the licence; and\n(c) particulars of any conditions to which the licence is subject; and\n(d) any other particulars that the commission considers appropriate.\n(2) A person may inspect and make copies of the register under this\nsection at the office of the commission during ordinary business\nhours.\n","sortOrder":153},{"sectionNumber":"147","sectionType":"section","heading":"Regulation-making power","content":"147 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\nPrimary decisions Part 1.1\n","sortOrder":154},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 8)\n","sortOrder":155},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Primary decisions","content":"Part 1.1 Primary decisions\nitem\n1 27 (1) refuse to grant\napplication for\napplicant for licence\n2 32 impose condition on\napplicant for licence\n3 33 (1) change condition on\n4 33 (1) add condition to\n5 37 (1) refuse to approve\nmortgage, charge or\nother encumbrance\nover interactive\napplicant for approval\n6 37 (2) refuse to approve sale\nor transfer of\napplicant for approval\n7 40 (2) direct the notification\nof a stated matter\n8 41 (1) suspend interactive\n\nSchedule 1 Reviewable decisions\nPart 1.1 Primary decisions\nitem\n9 42 (1) suspend interactive\n10 43 (1) cancel interactive\ncancelled\n11 44 (1) appoint administrator licensed provider\n12 45 (a) refuse to cancel\nsuspension of\n13 45 (b) refuse to reduce\nremaining period of\nsuspension of\n\nReviewable decisions Schedule 1\nReviewable decisions—commission Part 1.2\nPart 1.2 Reviewable decisions—\ncommission\nitem\n1 54 (1) impose condition on\nkey person licence\napplicant for key person\n2 55 (1) (c) alter condition of ley\n3 55 (1) (d) omit condition from\nkey person licence\n4 55 (1) (e) add condition to key\n5 58 (1) refuse to issue\nreplacement key\n6 62 (1) suspend key person\n7 65 (1) cancel key person\ncancelled\n8 72 (1) direct agency\nagreement be amended\n9 102 (4) (a) prohibit person from\nparticipating in\nauthorised games\nperson prohibited\n10 102 (4) (b) refuse to make order applicant for order\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• bankrupt or personally insolvent\n• contravention\n• Corporations Act\n• entity\n• indictable offence\n• individual\n• person\n• reviewable decision notice\n• State\n• the Territory.\nNote 3 The Control Act contains definitions relevant to this Act. For example,\nthe following terms are defined in the Control Act, dictionary:\n• authorised officer\n• code of practice\n• commission\n• gaming officer.\nagency agreement means an agreement between a licensed provider\nand another person—\n(a) appointing the other person as an agent of the licensed provider;\nand\n(b) dealing with the agent’s authority; and\n(c) stating the conditions under which the agent acts as, and\nremains, an agent of the licensed provider.\nagent—see section 6.\n\nancillary gambling agreement, for division 7.9 (Ancillary and\nrelated agreements)—see section 112.\napproved control system means a control system approved by the\ncommission under section 95, and includes an approved control\nsystem changed with the approval, or under a direction, of the\ncommission.\napproved place, for division 7.6 (Gambling records)—see\nsection 103.\nauthorised game—see section 10.\nauthorised provider means a licensed provider or an external\nbusiness associate—see section 4.\nControl Act means the Gambling and Racing Control Act 1999.\ncontrol system means a system of internal controls and administrative\nand accounting procedures for the conduct of interactive games by a\ncorresponding law means a law declared to be a corresponding law\nunder section 9 (1) (b).\ndisqualified person—see section 18B.\nexcluded person—see section 18B.\nexecutive associate—see section 4.\nexempted provider, for division 2.5 (Exemption schemes)—see\nsection 21.\nexempt gambling record, for division 7.6 (Gambling records)—see\nsection 103.\nexemption scheme, for division 2.5 (Exemption schemes)—see\nsection 21.\nexternal provider means a person who is licensed under a\ncorresponding law to conduct interactive games.\n\nfinancial institution means—\n(a) a bank; or\n(b) a building society; or\n(c) a credit union; or\n(d) a friendly society; or\n(e) another entity prescribed by the regulations.\ngame includes a scheme or arrangement.\ninteractive gambling means gambling that is—\n(a) conducted by means of interactive games in which a person\nparticipates by means of the internet or any other\ntelecommunication medium; and\n(b) not regulated by another gambling law.\ninteractive gambling tax, for part 6 (Licence fees and tax)—see\nsection 81.\ninteractive game means a game in which—\n(a) a prize consisting of money or anything else of value is offered\nor can be won under the rules of the game; and\n(b) a person—\n(i) enters the game or takes any step in the game by means of\na telecommunication device; and\n(ii) gives, or undertakes to give, a monetary payment or other\nvaluable consideration to enter, in the course of, or for, the\ngame; and\n(c) the winner of the prize is decided—\n(i) wholly or partly by chance; or\n\n(ii) by a competition or other activity in which the outcome is\nwholly or partly dependent on the skill of the person or\nanother person.\nintergovernmental agreement means an agreement referred to in\nsection 9 (2).\nkey person—see section 5.\nkey person licence means a licence issued under section 52.\nkey person licensee means a person who holds a key person licence.\nkey relationship—see section 5.\nlicensed provider means a person who is licensed under this Act to\nconduct interactive games.\nparticipating jurisdiction means a State or another Territory declared\nto be a participating jurisdiction under section 9 (1) (a).\nparticipating regulator means the Minister of State in the\ngovernment of a participating jurisdiction who is responsible for the\nadministration of a corresponding law.\nplayer, for a licensed provider, means a person who is—\n(a) registered under section 18; or\n(b) provisionally registered under section 17;\nwith the provider.\nplayer’s account—see section 18A.\nprimary decision, for part 8 (Notification and review of decisions)—\nsee section 140.\npublic office, for division 7.6 (Gambling records)—see section 103.\nregulated interactive gambling equipment means gambling\nequipment declared by the regulations to be regulated interactive\ngambling equipment.\n\nrelated agreement, for division 7.9 (Ancillary and related\nagreements)—see section 112.\nreviewable decision, for part 8 (Notification and review of\ndecisions)—see section 140.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nInteractive Gambling Act 1998 A1998-24\nnotified 10 July 1998 (Gaz 1998 No S190)\ns 1, s 2 commenced 10 July 1998 (s 2 (1))\nremainder commenced 24 September 1998 (s 2 (2) and Gaz 1998\nNo 38)\nas amended by\nTaxation Administration (Consequential and Transitional Provisions)\nAct 1999 A1999-5 sch 2\nnotified 1 March 1999 (Gaz 1999 No S8)\ncommenced 1 March 1999 (s 2)\nGambling and Racing Control (Consequential Provisions) Act 1999\nA1999-47 sch\nnotified 17 September 1999 (Gaz 1999 No S54)\ns 1, s 2 commenced 17 September 1999 (s 2 (1))\nsch commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)\nGambling Legislation Amendment Act 1999 A1999-56 pt 4\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\npt 4 commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 195\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 195 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.24\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.24 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2004 A2004-42 sch 1 pt 1.2, sch 3 pt 3.12\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 1 pt 1.2, sch 3 pt 3.12 commenced 25 August 2004 (s 2 (1))\n\nLegislation history 3\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.35\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.35 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.57\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.57 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.40\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.40 commenced 17 December 2009 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.25\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.25 commenced 1 March 2011 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.12\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.12 commenced 25 November 2013 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.24\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.24 commenced 24 August 2022 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.100\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.100 commenced 16 December 2025 (s 2 (6))\n\ns 2 om A2001-44 amdt 1.2213\nins A2004-42 amdt 3.60\nNotes\ns 3 defs reloc to dict A2004-42 amdt 3.59\nsub A2004-42 amdt 3.60\ndef agent om A2004-42 amdt 3.58\ndef approved form om A2001-44 amdt 1.2214\ndef authorised game om A2004-42 amdt 3.58\ndef authorised tax officer sub A1999-5 sch 2\nom A1999-47 sch\ndef business associate om A2004-42 amdt 3.58\ndef commissioner sub A1999-5 sch 2\nom A1999-47 sch\ndef determined fee om A2001-44 amdt 1.2214\ndef executive associate om A2004-42 amdt 3.58\ndef tax law om A1999-5 sch 2\nMeaning of business associate and executive associate\ns 4 am A2022-14 amdt 3.123\nMeaning of key person and key relationship\ns 5 am A1999-47 sch\nMeaning of agent\ns 6 am A1999-47 sch; A2022-14 amdt 3.123\nIncorporation of Control Act\ns 7 sub A1999-5 sch 2; A1999-47 sch\nam A2011-3 amdt 3.244\nThe cooperative scheme\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA\nDeclaration of participating jurisdictions and corresponding laws\ns 9 am A1999-47 sch; A2001-44 amdt 1.2215, amdt 1.2216;\nA2004-42 amdt 3.61, amdt 3.62; A2011-3 amdt 3.245;\nA2022-14 amdt 3.124; A2025-29 amdt 4.100\nAuthorised providers and authorised games\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA\nAuthorised games\ns 10 am A2011-3 amdt 3.246; A2022-14 amdt 3.125, amdt 3.126\nAuthorisation to conduct interactive games\ns 11 am A1999-56 s 72; ss renum R2 LA; A2004-42 amdt 3.63;\nA2011-3 amdt 3.246; A2022-14 amdt 3.126\n\nChange to conditions of authorisation\ns 12 am A2011-3 amdt 3.246; A2022-14 amdt 3.126\nRevocation of authorisation\ns 13 am A2011-3 amdt 3.246; A2022-14 amdt 3.126\nConducting, or participating in, unauthorised interactive gambling\ns 14 am A2004-42 amdt 1.5; A2011-3 amdt 3.246\nRegistration of players\ndiv 2.3 hdg (prev pt 2 div 3 hdg) sub A1999-56 s 73\nrenum R2 LA\nOnly players may participate in authorised games\ns 15 sub A1999-56 s 73\nWagers must be covered by amount in player’s account\ns 16 am A1999-47 sch\nsub A1999-56 s 73\nProvisional registration of players\ns 17 sub A1999-56 s 73\nRegistration\ns 18 sub A1999-56 s 73; A2001-44 amdt 1.2217; ss renum R2 LA\n(see A2001-44 amdt 1.2218)\nPlayers’ accounts\ns 18A ins A1999-56 s 73\nLists of excluded persons and disqualified persons\ns 18B ins A1999-56 s 73\nam A2022-14 amdt 3.127\nPlayers names\ns 18C ins A1999-56 s 73\nPlayer bound by rules of game\ns 19 sub A1999-56 s 73\nRestriction of gambling venues\ndiv 2.4 hdg (prev pt 2 div 4 hdg) renum R2 LA\nUse of premises for interactive gambling\ns 20 am A2011-3 amdt 3.246\nExemption schemes\ndiv 2.5 hdg (prev pt 2 div 5 hdg) renum R2 LA\nApproval of exemption schemes\ns 22 am A2001-44 amdt 1.2219; A2011-3 amdt 3.247; A2025-29\n\nCancellation of approval\ns 23 am A2001-44 amdt 1.2220, amdt 1.2221; A2011-3\namdt 3.248, amdt 3.249; A2022-14 amdt 3.128; A2025-29\nGazette notice\ns 25 om A2001-44 amdt 1.2222\nApplications for, and issue of, interactive gambling licences\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA\nApplication for interactive gambling licence\ns 26 sub A2001-44 amdt 1.2223\nConsideration of application\ns 27 am A2011-3 amdt 3.250; A2022-14 amdt 3.129\nCriteria for granting application\ns 28 am A2011-3 amdt 3.250\nSuitability of applicant to hold interactive gambling licence\ns 29 am A2004-42 amdt 3.64; A2011-3 amdt 3.250\nSuitability of business and executive associates\ns 30 am A2004-42 amdt 3.65, amdt 3.66; A2011-3 amdt 3.250\nProcedure on decision\ns 31 am A2008-37 amdt 1.246; A2011-3 amdt 3.250; A2022-14\namdt 3.130\nLicensed provider must comply with code of practice\ns 31A ins A1999-56 s 74\nChanging or adding conditions\ns 33 am A2022-14 amdt 3.130\nReturn of licence for endorsement of changed conditions\ns 34 am A2011-3 amdt 3.250\nParticulars to be included in interactive gambling licence\ns 35 sub A2001-44 amdt 1.2224\nGeneral provisions about interactive gambling licences\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA\nMortgage and assignment of interactive gambling licence\ns 37 am A2011-3 amdt 3.250\nSurrender of interactive gambling licence\ns 38 am A2011-3 amdt 3.250\n\nSuspension and cancellation of interactive gambling licences\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R2 LA\nGrounds for suspension or cancellation\ns 39 am A2008-28 amdt 3.100; A2009-49 amdt 3.95\nDirection to rectify\ns 40 am A2011-3 amdt 3.250\nImmediate suspension\ns 41 am A2011-3 amdt 3.250\nSuspension after notice\ns 42 am A2011-3 amdt 3.250\nCancellation of licence\ns 43 am A1999-47 sch; A2011-3 amdt 3.250; A2022-14 amdt 3.130\nAppointment of administrator\ns 44 am A2004-42 amdt 3.67; A2011-3 amdt 3.250; A2022-14\namdt 3.130, amdt 3.131\nSecurity certificates\ndiv 3.4 hdg (prev pt 3 div 4 hdg) renum R2 LA\nSecurity related decisions\ns 46 am A2011-3 amdt 3.250\nRequirement for key persons to be licensed\ndiv 4.1 hdg (prev pt 4 div 1 hdg) renum R2 LA\nObligation to hold licence\ns 47 am A2011-3 amdt 3.250\nRequirement that unlicensed key person end role\ns 48 am A1999-47 sch; A2011-3 amdt 3.250; A2022-14 amdt 3.132\nRequirement to end key person’s role\ns 49 am A1999-47 sch; A2011-3 amdt 3.250\nIssue of key person licences\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R2 LA\nApplication for key person licence\ns 50 am A1999-47 sch\nsub A2001-44 amdt 1.2225\nConsideration of application\ns 51 am A1999-47 sch; A2011-3 amdt 3.250; A2022-14 amdt 3.133\nDecision on application\ns 52 am A1999-47 sch; A2011-3 amdt 3.250\n\nParticulars to be included in key person licence\ns 53 sub A2001-44 amdt 1.2226\nConditions\ns 54 am A1999-47 sch; A2011-3 amdt 3.250\nChanging conditions\ns 55 am A1999-47 sch; A2011-3 amdt 3.250; A2022-14 amdt 3.134\nReplacement of key person licence\ns 58 am A1999-47 sch; A2001-44 amdts 1.2227-1.2229; A2011-3\namdt 3.250; A2025-29 amdt 4.100\nSurrender of key person licence\ns 59 am A1999-47 sch; A2011-3 amdt 3.250\nDisciplinary action\ndiv 4.3 hdg (prev pt 4 div 3 hdg) renum R2 LA\nCommission’s belief about suitability\ns 61 hdg am A1999-47 notes\ns 61 am A1999-47 sch\nSuspension of licence\ns 62 am A1999-47 sch; A2011-3 amdt 3.250\nDirections to rectify\ns 63 am A1999-47 sch; A2011-3 amdt 3.250\nCancellation or reduction of period of suspension\ns 64 am A1999-47 sch; A2011-3 amdt 3.250\nCancellation of key person licence\ns 65 am A1999-47 sch; A2011-3 amdt 3.250\nNotification of key person licencees\ndiv 4.4 hdg (prev pt 4 div 4 hdg) renum R2 LA\nNotice of commencement of key person licensee\ns 66 am A1999-47 sch; A2001-44 amdt 1.2230, amdt 1.2231;\nReturns about licensees\ns 67 am A1999-47 sch\nsub A1999-56 s 75\nam A2001-44 amdt 1.2232, amdt 1.2233; A2025-29\nRequirements about key relationships\ndiv 4.5 hdg (prev pt 4 div 5 hdg) renum R2 LA\n\nNotice of end of key relationship\ns 68 am A1999-47 sch; A2001-44 amdt 1.2234, amdt 1.2235;\nRequirement to end key relationship\ns 69 am A1999-47 sch; A2011-3 amdt 3.250\nAgency agreements\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R2 LA\nConditions for entering into agency agreement\ns 70 am A1999-47 sch; A1999-56 s 76; A2001-44 amdt 1.2236,\namdt 1.2237; A2011-3 amdt 3.250; A2022-14 amdt 3.135;\nA2025-29 amdt 4.100\nNotice of agency agreement\ns 71 am A1999-47 sch; A2011-3 amdt 3.250\nAmendment of agency agreement\ns 72 am A1999-47 sch\nReturns about agents\ns 73 am A1999-47 sch\nsub A1999-56 s 77\nDisciplinary action\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R2 LA\nFormation of commission’s beliefs\ns 75 hdg am A1999-47 notes\ns 75 am A1999-47 sch\nCommission’s notice to end agreement\ns 76 hdg am A1999-47 notes\ns 76 am A1999-47 sch\nSuspension of agent’s operations\ns 77 am A1999-47 sch; A2011-3 amdt 3.250\nDirection to rectify\ns 78 am A1999-47 sch; A2011-3 amdt 3.250\nEnding of agreement\ns 79 am A1999-47 sch; A2001-44 amdt 1.2238, amdt 1.2239;\nNotice of ending of agreement\ns 80 am A1999-47 sch; A2011-3 amdt 3.250\nPreliminary\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R2 LA\nLicence fees\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R2 LA\n\nLiability to licence fee\ns 82 sub A1999-56 s 78\nam A2001-44 amdt 1.2240; A2004-42 amdt 3.68, amdt 3.69\nInteractive gambling tax\ndiv 6.3 hdg (prev pt 6 div 3 hdg) renum R2 LA\nLiability to tax\ns 83 am A2011-3 amdt 3.250\nReturns for calculation of tax\ns 84 am A1999-47 sch; A2001-44 amdt 1.2241, amdt 1.2242;\nRules and directions\ndiv 7.1 hdg (prev pt 7 div 1 hdg) renum R2 LA\nRules\ns 85 am A2001-44 amdt 1.2243, amdt 1.2244; A2011-3\namdt 3.251; A2025-29 amdt 4.100\nDirections\ns 86 am A1999-47 sch\nGeneral responsibilities of licensed provider\ns 87 am A1999-47 sch; A2011-3 amdt 3.252\nResponsibility of licensed provider to ensure compliance by agent\ns 88 am A2011-3 amdt 3.252\nResponsibility of agent\ns 89 am A1999-47 sch; A2011-3 amdt 3.252; A2022-14 amdt 3.136\nPlace of operation\ndiv 7.2 hdg (prev pt 7 div 2 hdg) renum R2 LA\nLicensed provider’s place of operation\ns 90 am A1999-47 sch; A2011-3 amdt 3.252\nAgent’s place of operation\ns 91 am A1999-56 s 79; A2011-3 amdt 3.252\nControl systems\ndiv 7.3 hdg (prev pt 7 div 3 hdg) renum R2 LA\nAuthorised games to be conducted under approved control system\ns 92 am A1999-47 sch\nControl system submission\ns 93 am A1999-47 sch; A1999-56 s 80; A2011-3\namdts 3.253-3.255\nChanges to control systems\ns 94 am A1999-47 sch; A2011-3 amdt 3.256, amdt 3.257\n\nConsideration of, and decisions about, submissions\ns 95 am A1999-47 sch; A2011-3 amdt 3.258\nDirection to change approved control system\ns 96 am A1999-47 sch; A2011-3 amdt 3.258\nDealings involving players’ accounts\ndiv 7.4 hdg (prev pt 7 div 4 hdg) renum R2 LA\nPlayers’ funds must be kept in trust account\ns 96A ins A1999-56 s 81\nFunds in player’s accounts to be remitted on demand\ns 97 am A1999-56 s 82; A2011-3 amdt 3.258\nLicensed provider or agent not to act as credit provider\ns 98 am; A2011-3 amdt 3.258\nLicensed providers’ limited recourse to players’ accounts\ns 99 am; A2011-3 amdt 3.258\nInactive players’ accounts\ns 100 am A2011-3 amdt 3.259\nResponsible gambling\ndiv 7.5 hdg (prev pt 7 div 5 hdg) renum R2 LA\nLimitation on amount wagered\ns 101 am A1999-56 s 83; A2013-44 amdt 3.99\nProhibition of interactive gambling\ns 102 am A1999-47 sch; A1999-56 s 84; A2001-44 amdts 1.2245-\n1.2249; A2008-37 amdt 1.247; ss renum R6 LA; A2011-3\namdt 3.260; A2022-14 amdt 3.137; A2025-29 amdt 4.100\nGambling records\ndiv 7.6 hdg (prev pt 7 div 6 hdg) renum R2 LA\nNotices about keeping gambling records\ns 104 am A1999-47 sch\nGambling records to be kept at certain place\ns 105 am A2011-3 amdt 3.260\nFinancial accounts, statements and reports\ndiv 7.7 hdg (prev pt 7 div 7 hdg) renum R2 LA\nKeeping of accounts\ns 106 am A2011-3 amdt 3.260\nPreparation of financial statements and accounts\ns 107 am A2011-3 amdt 3.260\n\nSubmission of reports\ns 108 am A1999-47 sch; A2001-44 amdt 1.2250, amdt 1.2251; ss\nrenum R2 LA (see A2001-44 amdt 1.2252); A2011-3\namdt 3.260; A2025-29 amdt 4.100\nAudit\ndiv 7.8 hdg (prev pt 7 div 8 hdg) renum R2 LA\nAudit of licensed provider’s operations\ns 109 am A2011-3 amdt 3.260; A2022-14 amdt 3.138\nAudit reports\ns 110 am A1999-47 sch; A2011-3 amdt 3.260\nFurther information following audit\ns 111 am A1999-47 sch; A2011-3 amdt 3.260\nAncillary and related agreements\ndiv 7.9 hdg (prev pt 7 div 9 hdg) renum R2 LA\nAncillary gambling agreement\ns 113 am A1999-47 sch; A2011-3 amdt 3.260\nApproval of ancillary gambling agreements\ns 114 am A1999-47 sch; A2011-3 amdt 3.260\nReview of related agreements\ns 115 am A1999-47 sch; A2011-3 amdt 3.260\nDirection to end related agreement\ns 116 am A1999-47 sch; A2011-3 amdt 3.260\nOfficial supervision\ndiv 7.10 hdg (prev pt 7 div 10 hdg) renum R2 LA\nMonitoring operations\ns 117 am A1999-47 sch; A2011-3 amdt 3.260\nPresence of authorised officers at certain operations\ns 118 hdg am A1999-47 notes\ns 118 am A1999-47 sch; A2011-3 amdt 3.260\nPrizes\ndiv 7.11 hdg (prev pt 7 div 11 hdg) renum R2 LA\nPayment or collection of prizes\ns 119 am A1999-56 s 85; A2011-3 amdt 3.260\nDisposal of unclaimed non-monetary prizes\ns 120 am A1999-47 sch; A2011-3 amdt 3.260\nClaim for prize\ns 121 am A1999-47 sch; A1999-56 s 86; A2004-42 amdt 3.70;\nA2011-3 amdt 3.260; A2025-29 amdt 4.100\n\nEntitlement to prize lapses if not claimed within 1 year\ns 122 am A1999-56 s 87\nAborted games\ndiv 7.12 hdg (prev pt 7 div 12 hdg) renum R2 LA\nAborted games\ns 123 am A1999-47 sch; A1999-56 s 88; A2011-3 amdt 3.260\nPower to withhold prize in certain cases\ns 124 am A1999-47 sch; A2011-3 amdt 3.260; A2022-14 amdt 3.139\nApproval and use of regulated interactive gambling equipment\ndiv 7.13 hdg (prev pt 7 div 13 hdg) renum R2 LA\nApproval of regulated interactive gambling equipment\ns 125 am A1999-47 sch; A2001-44 amdts 1.2253-1.2255; A2011-3\namdt 3.260; A2025-29 amdt 4.100\nUse of regulated interactive gambling equipment\ns 126 am A1999-47 sch; A2011-3 amdt 3.260\nAdvertising\ndiv 7.14 hdg (prev pt 7 div 14 hdg) renum R2 LA\nAdvertising interactive gambling\ns 127 am A2011-3 amdt 3.260\nDirections about advertising\ns 128 am A1999-47 sch; A2011-3 amdt 3.260; A2022-14 amdt 3.140\nComplaints and improper behaviour\ndiv 7.15 hdg (prev pt 7 div 15 hdg) renum R2 LA\nInquiries about complaints\ns 129 am A1999-47 sch; A2011-3 amdt 3.260\nReporting improper behaviour\ns 130 am A1999-47 sch; A2011-3 amdt 3.260\nGambling offences\ndiv 7.16 hdg (prev pt 7 div 16 hdg) renum R2 LA\nCheating\ns 131 am A2011-3 amdt 3.260; A2022-14 amdt 3.141\nImpersonating certain persons\ns 132 am A2011-3 amdt 3.260\nParticipation in authorised games by employees of licensed providers\ns 133 am A2011-3 amdt 3.260; A2022-14 amdt 3.142\nParticipation by children in conduct of approved games prohibited\ns 134 am A2011-3 amdt 3.260\n\nParticipation by children as players prohibited\ns 135 am A2011-3 amdt 3.260; A2022-14 amdt 3.142\nOffensive names prohibited\ns 136 am A2011-3 amdt 3.260\nInterference with conduct of authorised games\ns 137 am A1999-47 sch; A2011-3 amdt 3.260\nOffences by certain persons\ns 138 am A1999-56 s 89; A2011-3 amdt 3.260; A2022-14\namdt 3.143, amdt 3.144\nLicensed providers not to publish identity of players in certain cases\ns 139 am A1999-5 sch 2; A2011-3 amdt 3.260\nNotifications and review of decisions\npt 8 hdg sub A2008-37 amdt 1.248\nDefinitions–pt 8\ns 140 sub A2008-37 amdt 1.248\ndef primary decision sub A2008-37 amdt 1.248\ndef reviewable decision sub A2008-37 amdt 1.248\nReviewable decisions notices\ns 141 sub A2008-37 amdt 1.248\nApplications for review\ns 142 hdg am A1999-47 notes\ns 142 am A1999-47 sch\nsub A2008-37 amdt 1.248\nDestruction of prints and photographs\ns 143 am A1999-47 sch; A2011-3 amdt 3.260; A2022-14 amdt 3.145\nActs and omissions of representatives\ns 144 sub A2004-15 amdt 1.28\nDetermination of fees\ns 145 sub A2001-44 amdt 1.2256\nam A2011-3 amdt 3.261; A2025-29 amdt 4.100\nRegister of interactive gambling licences\ns 146 am A1999-47 sch; A2004-42 amdt 3.71; A2011-3 amdt 3.262\nRegulation-making power\ns 147 am A1999-47 sch\nsub A2001-44 amdt 1.2257\n\nRegulation-making power\ns 148 om A2001-44 amdt 1.2257\nAmendment of the Taxation (Administration) Act\ns 149 om A1999-47 sch\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.249\ndict ins A2004-42 amdt 3.72\nam A2008-37 amdt 1.250, amdt 1.251; A2009-49 amdt 3.96;\nA2013-44 amdt 3.100\ndef agency agreement reloc from s 3 A2004-42 amdt 3.59\ndef agent ins A2004-42 amdt 3.72\ndef ancillary gambling agreement ins A2004-42 amdt 3.72\ndef approved control system am A1999-47 sch\ndef approved place ins A2004-42 amdt 3.72\ndef authorised game ins A2004-42 amdt 3.72\ndef authorised provider reloc from s 3 A2004-42 amdt 3.59\ndef business associate ins A2004-42 amdt 3.72\ndef Control Act ins A1999-47 sch\ndef control system reloc from s 3 A2004-42 amdt 3.59\ndef corresponding law reloc from s 3 A2004-42 amdt 3.59\ndef disqualified person ins A1999-56 s 71\ndef excluded person ins A1999-56 s 71\ndef executive associate ins A2004-42 amdt 3.72\ndef exempted provider ins A2004-42 amdt 3.72\ndef exempt gambling record ins A2004-42 amdt 3.72\ndef exemption scheme ins A2004-42 amdt 3.72\ndef external provider reloc from s 3 A2004-42 amdt 3.59\ndef financial institution reloc from s 3 A2004-42 amdt 3.59\ndef game reloc from s 3 A2004-42 amdt 3.59\ndef interactive gambling sub A1999-56 s 71\ndef interactive gambling tax ins A2004-42 amdt 3.72\ndef interactive game am A1999-56 s 71\ndef intergovernmental agreement reloc from s 3 A2004-42\ndef key person ins A2004-42 amdt 3.72\ndef key person licence reloc from s 3 A2004-42 amdt 3.59\ndef key person licensee reloc from s 3 A2004-42 amdt 3.59\ndef key relationship ins A2004-42 amdt 3.72\ndef licensed provider reloc from s 3 A2004-42 amdt 3.59\n\ndef participating jurisdiction reloc from s 3 A2004-42\ndef participating regulator reloc from s 3 A2004-42\ndef player sub A1999-56 s 71\ndef player’s account am A1999-47 sch\nsub A1999-56 s 71\ndef primary decision ins A2004-42 amdt 3.72\nsub A2008-37 amdt 1.252\ndef public office ins A2004-42 amdt 3.72\ndef regulated interactive gambling equipment reloc from\ns 3 A2004-42 amdt 3.59\ndef related agreement ins A2004-42 amdt 3.72\ndef reviewable decision ins A2004-42 amdt 3.72\nsub A2008-37 amdt 1.252\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1999-56 9 June 2000\n2 A2001-44 14 May 2002\n3 A2004-15 9 April 2004\n4 A2004-42 25 August 2004\n5 A2008-28 26 August 2008\n6 A2008-37 2 February 2009\n7 A2009-49 17 December 2009\n8 A2011-3 1 March 2011\n9 A2013-44 25 November 2013\n10 A2022-14 24 August 2022","sortOrder":156}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act now sets out a far more detailed, interventionist licensing and supervision regime than a simple prohibition model. Over successive amendments it incorporates cross-jurisdiction recognition, explicit tax and fee obligations, trust-account rules for player funds, formal key-person and agent licensing, and granular control-system, reporting and audit requirements (see ss 9, 26, 47, 70, 83, 96A). These additions expand administrative reach and compliance duties for providers and related parties."},"complexity_factors":["Breadth and length of the statute—many Parts and detailed operational requirements across licensing, agents, key persons, control systems, records, audits and offences (whole Act).","Extensive executive and administrative discretion—Minister may authorise, change, revoke games and set licence conditions; commission issues directions, approves control systems and can suspend/cancel licences (see ss 11–13, 32–35, 40–46, 85–86).","Cross-jurisdictional scheme—provisions for recognising corresponding laws and declaring participating jurisdictions, requiring inter-jurisdictional agreements and revenue-sharing (s 9).","Multiple regulated actors and layered approvals—licensed providers, external providers, agents, key person licensees and ancillary parties each subject to distinct criteria and approval processes (ss 6, 26, 50, 70, 112).","Operational compliance burden—detailed requirements for control system approvals, place of operation, approved equipment, trust accounts, player registration, reporting, audits and record-keeping (ss 90–96, 96A, 97, 103–111).","Financial and tax regime—licence fees, monthly returns for interactive gambling tax and suspension consequences for non-payment (ss 82–84).","Enforcement and sanctioning complexity—wide range of criminal and civil penalties, directions to rectify, immediate suspension, appointment of administrators and review/appeal mechanisms (ss 14, 39–45, 60–65, pt 8 & schedule 1).","Regulatory instruments and delegation—use of disallowable/notifiable instruments, regulations and codes (ss 22, 85, 145, 147) increases normative detail outside the Act text.","Interlocking definitions and incorporated legislation—the Control Act is incorporated and many terms cross-refer, increasing interpretive complexity (s 7; dictionary)."],"plain_english_summary":"This Act creates a comprehensive regulatory scheme for interactive gambling in the ACT. It requires providers and certain staff to be licensed, mandates player registration and trust accounts, imposes reporting, audit and record-keeping duties, and gives the Minister and the commission powers to authorise, condition, suspend or cancel operations. It affects licensed providers, agents, key personnel, players and participating jurisdictions, and matters for who pays (providers fees/tax), who decides (Minister/commission) and how compliance and enforcement are carried out."},"kimi_summary":{"_metrics":{"completionTokens":707},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating interactive gambling. While it has been amended multiple times since 1998 (11 republications), the core scope remains controlling online gambling through licensing, player protection, and compliance frameworks. The cooperative scheme with other jurisdictions and exemption schemes were likely original features or early additions rather than scope creep."},"complexity_factors":["Multiple licence types with overlapping requirements (provider, key person, agent)","Extensive cross-referencing to the Gambling and Racing Control Act 1999 ('Control Act') which is incorporated by reference","Nested conditional logic for suitability assessments (sections 28–30, 51)","Detailed procedural requirements with multiple steps and timeframes (e.g., 90-day notice periods for control system changes)","Numerous defined terms (47+ entries in dictionary) with signpost definitions pointing to other sections","Exceptions and exemptions including 'exemption schemes' that can modify Act application (Division 2.5)","Security certificate provisions that exclude certain decisions from review (section 46)","Extraterritorial application clause extending ACT law to acts outside the territory (section 8)"],"plain_english_summary":"This Act creates a licensing regime for interactive (online/telecom) gambling in the ACT, covering operators, key persons and agents, and makes unlicensed services unlawful. It protects players by requiring ID/age checks, safeguarding player funds, banning credit, and enabling responsible‑gaming controls. The Gambling and Racing Control Commission and the Minister enforce compliance, with audits, reporting and substantial penalties; the law also supports mutual recognition with other jurisdictions."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/interactive-gambling-act-1998","history":"/api/acts/interactive-gambling-act-1998/history","analysis":"/api/acts/interactive-gambling-act-1998/analysis","conflicts":"/api/acts/interactive-gambling-act-1998/conflicts","importantCases":"/api/acts/interactive-gambling-act-1998/important-cases","documents":"/api/acts/interactive-gambling-act-1998/documents"}}