{"id":"qld:act-1998-014","name":"Interactive Gambling (Player Protection) Act 1998","slug":"interactive-gambling-player-protection-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"14 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104660,"registerId":"qld-act-1998-014-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Formal provisions","content":"## Formal provisions","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Interactive Gambling (Player Protection) Act 1998 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objects","content":"## Objects","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object","content":"### sec.3 Object\n\nThe overarching object of this Act is to ensure that, on balance, the State and the community as a whole benefit from interactive gambling.\nThe balance is achieved by allowing interactive gambling subject to a system of regulation and control designed to protect players and the community through—\nensuring the integrity and fairness of games; and\nensuring the probity of those involved in the conduct of interactive gambling; and\nminimising the potential for harm from interactive gambling.\nWithin the overarching object, the following objects are included—\nto establish and maintain an appropriate system of regulation and control for interactive gambling;\nto provide protection for players of interactive games;\nto provide a basis for implementing an interjurisdictional regulatory scheme for—\nthe reciprocal recognition between participating jurisdictions of licences, authorisations and other administrative acts; and\nthe regulation and control of interactive gambling in the participating jurisdictions on a cooperative basis; and\nthe sharing of tax derived from interactive gambling on an equitable basis.\ns 3 sub 2000 No. 51 s 86\n(sec.3-ssec.1) The overarching object of this Act is to ensure that, on balance, the State and the community as a whole benefit from interactive gambling.\n(sec.3-ssec.2) The balance is achieved by allowing interactive gambling subject to a system of regulation and control designed to protect players and the community through— ensuring the integrity and fairness of games; and ensuring the probity of those involved in the conduct of interactive gambling; and minimising the potential for harm from interactive gambling.\n(sec.3-ssec.3) Within the overarching object, the following objects are included— to establish and maintain an appropriate system of regulation and control for interactive gambling; to provide protection for players of interactive games; to provide a basis for implementing an interjurisdictional regulatory scheme for— the reciprocal recognition between participating jurisdictions of licences, authorisations and other administrative acts; and the regulation and control of interactive gambling in the participating jurisdictions on a cooperative basis; and the sharing of tax derived from interactive gambling on an equitable basis.\n- (a) ensuring the integrity and fairness of games; and\n- (b) ensuring the probity of those involved in the conduct of interactive gambling; and\n- (c) minimising the potential for harm from interactive gambling.\n- (a) to establish and maintain an appropriate system of regulation and control for interactive gambling;\n- (b) to provide protection for players of interactive games;\n- (c) to provide a basis for implementing an interjurisdictional regulatory scheme for— (i) the reciprocal recognition between participating jurisdictions of licences, authorisations and other administrative acts; and (ii) the regulation and control of interactive gambling in the participating jurisdictions on a cooperative basis; and (iii) the sharing of tax derived from interactive gambling on an equitable basis.\n- (i) the reciprocal recognition between participating jurisdictions of licences, authorisations and other administrative acts; and\n- (ii) the regulation and control of interactive gambling in the participating jurisdictions on a cooperative basis; and\n- (iii) the sharing of tax derived from interactive gambling on an equitable basis.\n- (i) the reciprocal recognition between participating jurisdictions of licences, authorisations and other administrative acts; and\n- (ii) the regulation and control of interactive gambling in the participating jurisdictions on a cooperative basis; and\n- (iii) the sharing of tax derived from interactive gambling on an equitable basis.","sortOrder":5},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Basic concepts and definitions","content":"## Basic concepts and definitions","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of game","content":"### sec.4 Meaning of game\n\nA game includes a scheme or arrangement.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of player","content":"### sec.5 Meaning of player\n\nA player is a person who participates in an interactive game.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of interactive game","content":"### sec.6 Meaning of interactive game\n\nAn interactive game is a game in which—\na prize consisting of money or something else of value is offered or can be won under the rules of the game; and\na player—\nenters the game or takes any step in the game by means of a telecommunication device; and\ngives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and\nthe winner of a prize is decided—\nwholly or partly by chance; or\nby a competition or other activity in which the outcome is wholly or partly dependent on the player’s skill.\nHowever, the following are not interactive games—\nwagering conducted under the Racing Integrity Act 2016 if—\na person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and\neither—\nwhen the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or\nthe racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ;\nwagering conducted under a wagering licence under the Wagering Act 1998 ;\na game under the Charitable and Non-Profit Gaming Act 1999 , unless the game is declared by a regulation made under subsection (3) to be an interactive game despite this exclusion;\na lottery, other than the lottery known as ‘instant scratch-its’ or another instant lottery, conducted under a lottery operator’s licence under the Lotteries Act 1997 ;\na game authorised under a gaming Act in which the players may participate by means of telecommunication devices but only from designated commercial sites connected to a telecommunication network.\nA game that would, but for the exclusion in subsection (2) (c) , be an interactive game is taken to be an interactive game despite the exclusion if—\nhaving regard to the nature, value, or frequency of prizes offered in the game and other matters the Minister considers relevant, the Minister considers the game should be brought within the ambit of this Act; and\na regulation is made, on the Minister’s recommendation, declaring the game to be an interactive game despite the exclusion.\ns 6 amd 1999 No. 26 s 196 sch 1 ; 1999 No. 38 s 66 ; 2004 No. 21 s 62 ; 2007 No. 22 s 67 sch 2 ; 2012 No. 42 s 4 ; 2016 No. 12 s 389 sch 2 pt 2\n(sec.6-ssec.1) An interactive game is a game in which— a prize consisting of money or something else of value is offered or can be won under the rules of the game; and a player— enters the game or takes any step in the game by means of a telecommunication device; and gives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and the winner of a prize is decided— wholly or partly by chance; or by a competition or other activity in which the outcome is wholly or partly dependent on the player’s skill.\n(sec.6-ssec.2) However, the following are not interactive games— wagering conducted under the Racing Integrity Act 2016 if— a person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and either— when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ; wagering conducted under a wagering licence under the Wagering Act 1998 ; a game under the Charitable and Non-Profit Gaming Act 1999 , unless the game is declared by a regulation made under subsection (3) to be an interactive game despite this exclusion; a lottery, other than the lottery known as ‘instant scratch-its’ or another instant lottery, conducted under a lottery operator’s licence under the Lotteries Act 1997 ; a game authorised under a gaming Act in which the players may participate by means of telecommunication devices but only from designated commercial sites connected to a telecommunication network.\n(sec.6-ssec.3) A game that would, but for the exclusion in subsection (2) (c) , be an interactive game is taken to be an interactive game despite the exclusion if— having regard to the nature, value, or frequency of prizes offered in the game and other matters the Minister considers relevant, the Minister considers the game should be brought within the ambit of this Act; and a regulation is made, on the Minister’s recommendation, declaring the game to be an interactive game despite the exclusion.\n- (a) a prize consisting of money or something else of value is offered or can be won under the rules of the game; and\n- (b) a player— (i) enters the game or takes any step in the game by means of a telecommunication device; and (ii) gives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and\n- (i) enters the game or takes any step in the game by means of a telecommunication device; and\n- (ii) gives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and\n- (c) the winner of a prize is decided— (i) wholly or partly by chance; or (ii) by a competition or other activity in which the outcome is wholly or partly dependent on the player’s skill.\n- (i) wholly or partly by chance; or\n- (ii) by a competition or other activity in which the outcome is wholly or partly dependent on the player’s skill.\n- (i) enters the game or takes any step in the game by means of a telecommunication device; and\n- (ii) gives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and\n- (i) wholly or partly by chance; or\n- (ii) by a competition or other activity in which the outcome is wholly or partly dependent on the player’s skill.\n- (a) wagering conducted under the Racing Integrity Act 2016 if— (i) a person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and (ii) either— (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ;\n- (i) a person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and\n- (ii) either— (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ;\n- (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or\n- (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ;\n- (b) wagering conducted under a wagering licence under the Wagering Act 1998 ;\n- (c) a game under the Charitable and Non-Profit Gaming Act 1999 , unless the game is declared by a regulation made under subsection (3) to be an interactive game despite this exclusion;\n- (d) a lottery, other than the lottery known as ‘instant scratch-its’ or another instant lottery, conducted under a lottery operator’s licence under the Lotteries Act 1997 ;\n- (e) a game authorised under a gaming Act in which the players may participate by means of telecommunication devices but only from designated commercial sites connected to a telecommunication network.\n- (i) a person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and\n- (ii) either— (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ;\n- (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or\n- (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ;\n- (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002 ; or\n- (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016 ;\n- (a) having regard to the nature, value, or frequency of prizes offered in the game and other matters the Minister considers relevant, the Minister considers the game should be brought within the ambit of this Act; and\n- (b) a regulation is made, on the Minister’s recommendation, declaring the game to be an interactive game despite the exclusion.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Dictionary","content":"### sec.7 Dictionary\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":10},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Territorial application","content":"## Territorial application","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Territorial application of this Act","content":"### sec.8 Territorial application of this Act\n\nThis Act applies both within and outside Queensland.\nThis Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\n(sec.8-ssec.1) This Act applies both within and outside Queensland.\n(sec.8-ssec.2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interactive gambling","content":"# Interactive gambling","sortOrder":13},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"The cooperative scheme","content":"## The cooperative scheme","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"General features of the regulatory scheme","content":"### sec.9 General features of the regulatory scheme\n\nThis Act contemplates a cooperative scheme between Queensland and other jurisdictions for the regulation and control of interactive gambling.\nHowever, this Act is not dependent on participation by any other jurisdiction in the regulatory scheme.\nThe regulation and control of interactive gambling is to be achieved through a statutory scheme consisting of this Act and the corresponding laws of participating jurisdictions for the licensing and control of persons who conduct, or exercise an important role in the conduct of, interactive games.\n(sec.9-ssec.1) This Act contemplates a cooperative scheme between Queensland and other jurisdictions for the regulation and control of interactive gambling.\n(sec.9-ssec.2) However, this Act is not dependent on participation by any other jurisdiction in the regulatory scheme.\n(sec.9-ssec.3) The regulation and control of interactive gambling is to be achieved through a statutory scheme consisting of this Act and the corresponding laws of participating jurisdictions for the licensing and control of persons who conduct, or exercise an important role in the conduct of, interactive games.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Declaration of participating jurisdictions and corresponding law","content":"### sec.10 Declaration of participating jurisdictions and corresponding law\n\nIf the Minister is satisfied the law of another jurisdiction is compatible with this Act, the Governor in Council may, on the Minister’s recommendation, declare—\nthe other jurisdiction is to be regarded under this Act as a participating jurisdiction; and\nthe relevant law of the other jurisdiction (including the law as amended or substituted from time to time) is to be regarded as a corresponding law.\nHowever, a declaration is not to be made under this section unless the Minister has entered into an agreement (an intergovernmental agreement ) with the prospective participating regulator that makes, in the Minister’s opinion, adequate provision for the following matters—\nthe taxation of authorised games on a uniform or consistent basis;\ncollaboration between gaming officials and officers of the other jurisdiction engaged in the administration of the relevant law of the other jurisdiction;\nmutual recognition of licences and administrative acts between jurisdictions;\nsharing of tax revenue derived from interactive gambling on an equitable basis.\nIf the Minister considers the law of a participating jurisdiction is no longer compatible with this Act, or the intergovernmental agreement with the participating jurisdiction is not operating satisfactorily, the Governor in Council may, on the Minister’s recommendation, declare—\nthe other jurisdiction is, as from a specified date, no longer to be regarded as a participating jurisdiction; and\nthe relevant law of the other jurisdiction is, as from a specified date, no longer to be regarded as a corresponding law.\nA declaration under this section is to be made by regulation.\n(sec.10-ssec.1) If the Minister is satisfied the law of another jurisdiction is compatible with this Act, the Governor in Council may, on the Minister’s recommendation, declare— the other jurisdiction is to be regarded under this Act as a participating jurisdiction; and the relevant law of the other jurisdiction (including the law as amended or substituted from time to time) is to be regarded as a corresponding law.\n(sec.10-ssec.2) However, a declaration is not to be made under this section unless the Minister has entered into an agreement (an intergovernmental agreement ) with the prospective participating regulator that makes, in the Minister’s opinion, adequate provision for the following matters— the taxation of authorised games on a uniform or consistent basis; collaboration between gaming officials and officers of the other jurisdiction engaged in the administration of the relevant law of the other jurisdiction; mutual recognition of licences and administrative acts between jurisdictions; sharing of tax revenue derived from interactive gambling on an equitable basis.\n(sec.10-ssec.3) If the Minister considers the law of a participating jurisdiction is no longer compatible with this Act, or the intergovernmental agreement with the participating jurisdiction is not operating satisfactorily, the Governor in Council may, on the Minister’s recommendation, declare— the other jurisdiction is, as from a specified date, no longer to be regarded as a participating jurisdiction; and the relevant law of the other jurisdiction is, as from a specified date, no longer to be regarded as a corresponding law.\n(sec.10-ssec.4) A declaration under this section is to be made by regulation.\n- (a) the other jurisdiction is to be regarded under this Act as a participating jurisdiction; and\n- (b) the relevant law of the other jurisdiction (including the law as amended or substituted from time to time) is to be regarded as a corresponding law.\n- (a) the taxation of authorised games on a uniform or consistent basis;\n- (b) collaboration between gaming officials and officers of the other jurisdiction engaged in the administration of the relevant law of the other jurisdiction;\n- (c) mutual recognition of licences and administrative acts between jurisdictions;\n- (d) sharing of tax revenue derived from interactive gambling on an equitable basis.\n- (a) the other jurisdiction is, as from a specified date, no longer to be regarded as a participating jurisdiction; and\n- (b) the relevant law of the other jurisdiction is, as from a specified date, no longer to be regarded as a corresponding law.","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Authorised providers and authorised games","content":"## Authorised providers and authorised games","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of licensed provider , external provider and authorised provider","content":"### sec.11 Meaning of licensed provider , external provider and authorised provider\n\nA licensed provider means a person who is licensed under this Act to conduct interactive games.\nAn external provider is a person who is licensed under the corresponding law of a participating jurisdiction to conduct interactive games.\nAn authorised provider is a person who is licensed under this Act, or under the corresponding law of a participating jurisdiction, to conduct interactive games.\n(sec.11-ssec.1) A licensed provider means a person who is licensed under this Act to conduct interactive games.\n(sec.11-ssec.2) An external provider is a person who is licensed under the corresponding law of a participating jurisdiction to conduct interactive games.\n(sec.11-ssec.3) An authorised provider is a person who is licensed under this Act, or under the corresponding law of a participating jurisdiction, to conduct interactive games.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of authorised game","content":"### sec.12 Meaning of authorised game\n\nAn authorised game is an interactive game that—\na licensed provider is authorised to conduct under this division; or\nan external provider is authorised to conduct under the corresponding law of the participating jurisdiction in which the provider is licensed.\nHowever, a game that an external provider is authorised to conduct under a corresponding law (an externally authorised game ) is not to be regarded as an authorised game if the external provider is prohibited from conducting the game in Queensland by order under subsection (3) .\nIf the Minister believes the conduct of an externally authorised game in Queensland is contrary to the public interest, the Minister may, by written notice given to the external provider authorised under the corresponding law to conduct the game, prohibit conduct of the game in Queensland.\nThe Minister may only impose a prohibition under subsection (3) after giving the external provider and the relevant participating regulator written notice of the proposed prohibition and the reasons for it and allowing each of them a reasonable opportunity to make representations.\nIf the Minister imposes a prohibition under subsection (3) the Minister must promptly give the relevant participating regulator a copy of the notice imposing the prohibition.\n(sec.12-ssec.1) An authorised game is an interactive game that— a licensed provider is authorised to conduct under this division; or an external provider is authorised to conduct under the corresponding law of the participating jurisdiction in which the provider is licensed.\n(sec.12-ssec.2) However, a game that an external provider is authorised to conduct under a corresponding law (an externally authorised game ) is not to be regarded as an authorised game if the external provider is prohibited from conducting the game in Queensland by order under subsection (3) .\n(sec.12-ssec.3) If the Minister believes the conduct of an externally authorised game in Queensland is contrary to the public interest, the Minister may, by written notice given to the external provider authorised under the corresponding law to conduct the game, prohibit conduct of the game in Queensland.\n(sec.12-ssec.4) The Minister may only impose a prohibition under subsection (3) after giving the external provider and the relevant participating regulator written notice of the proposed prohibition and the reasons for it and allowing each of them a reasonable opportunity to make representations.\n(sec.12-ssec.5) If the Minister imposes a prohibition under subsection (3) the Minister must promptly give the relevant participating regulator a copy of the notice imposing the prohibition.\n- (a) a licensed provider is authorised to conduct under this division; or\n- (b) an external provider is authorised to conduct under the corresponding law of the participating jurisdiction in which the provider is licensed.","sortOrder":19},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Meaning of exempt game","content":"### sec.12A Meaning of exempt game\n\nWagering that is an interactive game is an exempt game if—\nit is conducted by a betting operator under a licence or other authority, or an exemption, under a law of another State or the Commonwealth; and\na person places a wager with or through the betting operator using a telecommunication device; and\nthe betting operator does not directly or indirectly make available, or in any way facilitate the provision of, the telecommunication device used to place the wager.\nIn this section—\nbetting operator see the Betting Tax Act 2018 , section 12 .\ns 12A ins 2018 No. 13 s 72\n(sec.12A-ssec.1) Wagering that is an interactive game is an exempt game if— it is conducted by a betting operator under a licence or other authority, or an exemption, under a law of another State or the Commonwealth; and a person places a wager with or through the betting operator using a telecommunication device; and the betting operator does not directly or indirectly make available, or in any way facilitate the provision of, the telecommunication device used to place the wager.\n(sec.12A-ssec.2) In this section— betting operator see the Betting Tax Act 2018 , section 12 . s 12A ins 2018 No. 13 s 72\n- (a) it is conducted by a betting operator under a licence or other authority, or an exemption, under a law of another State or the Commonwealth; and\n- (b) a person places a wager with or through the betting operator using a telecommunication device; and\n- (c) the betting operator does not directly or indirectly make available, or in any way facilitate the provision of, the telecommunication device used to place the wager.","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":"Authorisation to conduct interactive games","content":"### sec.13 Authorisation to conduct interactive games\n\nThe Minister may, on application by a licensed provider, authorise the provider to conduct a particular interactive game on conditions stated in the instrument of approval.\nThe conditions of authorisation apply to the conduct of the game both within and outside Queensland.\nThe Minister has an absolute discretion to refuse to authorise an interactive game for which the Minister’s authorisation is sought.\nIf the Minister decides to refuse an application, the Minister must promptly give the applicant written notice of the decision and the reasons for it.\n(sec.13-ssec.1) The Minister may, on application by a licensed provider, authorise the provider to conduct a particular interactive game on conditions stated in the instrument of approval.\n(sec.13-ssec.2) The conditions of authorisation apply to the conduct of the game both within and outside Queensland.\n(sec.13-ssec.3) The Minister has an absolute discretion to refuse to authorise an interactive game for which the Minister’s authorisation is sought.\n(sec.13-ssec.4) If the Minister decides to refuse an application, the Minister must promptly give the applicant written notice of the decision and the reasons for it.","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Change to conditions of authorisation","content":"### sec.14 Change to conditions of authorisation\n\nThe Minister may, by written notice given to a licensed provider, change the conditions on which a particular interactive game is authorised if the Minister is of the opinion—\nthe conditions are not stringent enough to prevent cheating or other contravention of this Act; or\ncompliance with the conditions can not be effectively monitored or enforced; or\nthere is some other good reason to change the conditions.\nHowever, the Minister may only change the conditions of an authorisation under this section after giving the licensed provider written notice of the proposed change of conditions and the reasons for it and allowing the licensed provider a reasonable opportunity to make representations.\n(sec.14-ssec.1) The Minister may, by written notice given to a licensed provider, change the conditions on which a particular interactive game is authorised if the Minister is of the opinion— the conditions are not stringent enough to prevent cheating or other contravention of this Act; or compliance with the conditions can not be effectively monitored or enforced; or there is some other good reason to change the conditions.\n(sec.14-ssec.2) However, the Minister may only change the conditions of an authorisation under this section after giving the licensed provider written notice of the proposed change of conditions and the reasons for it and allowing the licensed provider a reasonable opportunity to make representations.\n- (a) the conditions are not stringent enough to prevent cheating or other contravention of this Act; or\n- (b) compliance with the conditions can not be effectively monitored or enforced; or\n- (c) there is some other good reason to change the conditions.","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Revocation of authorisation","content":"### sec.15 Revocation of authorisation\n\nThe Minister may, by written notice given to a licensed provider, revoke the authorisation for a particular interactive game if the Minister is of the opinion—\nthe licensed provider has contravened a condition of the authorisation; or\ncompliance with the conditions of the authorisation can not be effectively monitored or enforced; or\nthere is some other good reason to revoke the authorisation.\nHowever, the Minister may only revoke an authorisation under this section after giving the licensed provider written notice of the proposed revocation and the reasons for it and allowing the licensed provider a reasonable opportunity to make representations.\n(sec.15-ssec.1) The Minister may, by written notice given to a licensed provider, revoke the authorisation for a particular interactive game if the Minister is of the opinion— the licensed provider has contravened a condition of the authorisation; or compliance with the conditions of the authorisation can not be effectively monitored or enforced; or there is some other good reason to revoke the authorisation.\n(sec.15-ssec.2) However, the Minister may only revoke an authorisation under this section after giving the licensed provider written notice of the proposed revocation and the reasons for it and allowing the licensed provider a reasonable opportunity to make representations.\n- (a) the licensed provider has contravened a condition of the authorisation; or\n- (b) compliance with the conditions of the authorisation can not be effectively monitored or enforced; or\n- (c) there is some other good reason to revoke the authorisation.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Penalty for conduct of, or participation in, unauthorised interactive gambling","content":"### sec.16 Penalty for conduct of, or participation in, unauthorised interactive gambling\n\nA person must not conduct an interactive game wholly or partly in Queensland, or allow a person who is in Queensland to participate in an interactive game, unless—\nboth of the following apply—\nthe game is an authorised game;\nthe person is authorised under this Act or a corresponding law to conduct the game; or\nthe game is an exempt game.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person in Queensland must not participate in, or encourage or facilitate participation by another in, an interactive game knowing that the game is not an authorised game or an exempt game.\nMaximum penalty for subsection (2) —40 penalty units.\ns 16 amd 2018 No. 13 s 73\n(sec.16-ssec.1) A person must not conduct an interactive game wholly or partly in Queensland, or allow a person who is in Queensland to participate in an interactive game, unless— both of the following apply— the game is an authorised game; the person is authorised under this Act or a corresponding law to conduct the game; or the game is an exempt game. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.16-ssec.2) A person in Queensland must not participate in, or encourage or facilitate participation by another in, an interactive game knowing that the game is not an authorised game or an exempt game. Maximum penalty for subsection (2) —40 penalty units.\n- (a) both of the following apply— (i) the game is an authorised game; (ii) the person is authorised under this Act or a corresponding law to conduct the game; or\n- (i) the game is an authorised game;\n- (ii) the person is authorised under this Act or a corresponding law to conduct the game; or\n- (b) the game is an exempt game.\n- (i) the game is an authorised game;\n- (ii) the person is authorised under this Act or a corresponding law to conduct the game; or","sortOrder":24},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Conduct of authorised games","content":"## Conduct of authorised games","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Player registration","content":"### sec.17 Player registration\n\nA licensed provider must not permit a person to participate as a player in an authorised game unless the person is registered with the provider as a player.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not participate as a player in an authorised game unless the person is registered with the authorised provider who conducts the game as a player.\nMaximum penalty—40 penalty units.\n(sec.17-ssec.1) A licensed provider must not permit a person to participate as a player in an authorised game unless the person is registered with the provider as a player. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.17-ssec.2) A person must not participate as a player in an authorised game unless the person is registered with the authorised provider who conducts the game as a player. Maximum penalty—40 penalty units.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Procedure for registration","content":"### sec.18 Procedure for registration\n\nA licensed provider (or agent) may only register a person as a player on receipt of an application for registration in an approved form.\nA person is not eligible for registration as a player unless the person produces evidence of a kind required by the chief executive—\nof the person’s—\nidentity; and\nplace of residence; and\nthat the person is at least 18 years of age.\nA person may be registered as an unrestricted or restricted player.\nA person who is registered as a restricted player may subsequently be registered as an unrestricted player.\nIf a person registered as a restricted player is subsequently registered as an unrestricted player, the person’s registration as a restricted player is cancelled.\nUnless sooner cancelled under subsection (5) , a person’s registration as a restricted player ceases to have effect at the end of—\nthe period prescribed under a regulation; or\nif the chief executive extends the period—the period as extended.\ns 18 amd 1999 No. 77 s 171\n(sec.18-ssec.1) A licensed provider (or agent) may only register a person as a player on receipt of an application for registration in an approved form.\n(sec.18-ssec.2) A person is not eligible for registration as a player unless the person produces evidence of a kind required by the chief executive— of the person’s— identity; and place of residence; and that the person is at least 18 years of age.\n(sec.18-ssec.3) A person may be registered as an unrestricted or restricted player.\n(sec.18-ssec.4) A person who is registered as a restricted player may subsequently be registered as an unrestricted player.\n(sec.18-ssec.5) If a person registered as a restricted player is subsequently registered as an unrestricted player, the person’s registration as a restricted player is cancelled.\n(sec.18-ssec.6) Unless sooner cancelled under subsection (5) , a person’s registration as a restricted player ceases to have effect at the end of— the period prescribed under a regulation; or if the chief executive extends the period—the period as extended.\n- (a) of the person’s— (i) identity; and (ii) place of residence; and\n- (i) identity; and\n- (ii) place of residence; and\n- (b) that the person is at least 18 years of age.\n- (i) identity; and\n- (ii) place of residence; and\n- (a) the period prescribed under a regulation; or\n- (b) if the chief executive extends the period—the period as extended.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Restrictions for registration","content":"### sec.19 Restrictions for registration\n\nA licensed provider, or an agent of a licensed provider, must not register a person as an unrestricted player unless—\nthe person’s identity has been authenticated under the licensed provider’s control system; and\nthe person’s place of residence has been verified under the licensed provider’s control system; and\nthe person’s age has been verified under the licensed provider’s control system to be at least 18.\nMaximum penalty—200 penalty units.\nA licensed provider, or an agent of a licensed provider, must not register a person as a restricted player unless—\nthe registration is carried out in accordance with the licensed provider’s control system; and\nthe licensed provider has informed the person in writing of the effect of sections 20 (4) , 20A and 22A .\nMaximum penalty—200 penalty units.\ns 19 sub 1999 No. 77 s 172\namd 2013 No. 25 s 100\n(sec.19-ssec.1) A licensed provider, or an agent of a licensed provider, must not register a person as an unrestricted player unless— the person’s identity has been authenticated under the licensed provider’s control system; and the person’s place of residence has been verified under the licensed provider’s control system; and the person’s age has been verified under the licensed provider’s control system to be at least 18. Maximum penalty—200 penalty units.\n(sec.19-ssec.2) A licensed provider, or an agent of a licensed provider, must not register a person as a restricted player unless— the registration is carried out in accordance with the licensed provider’s control system; and the licensed provider has informed the person in writing of the effect of sections 20 (4) , 20A and 22A . Maximum penalty—200 penalty units.\n- (a) the person’s identity has been authenticated under the licensed provider’s control system; and\n- (b) the person’s place of residence has been verified under the licensed provider’s control system; and\n- (c) the person’s age has been verified under the licensed provider’s control system to be at least 18.\n- (a) the registration is carried out in accordance with the licensed provider’s control system; and\n- (b) the licensed provider has informed the person in writing of the effect of sections 20 (4) , 20A and 22A .","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Player’s account","content":"### sec.20 Player’s account\n\nA player’s account is an account—\nin the name of the player—\nat a financial institution; or\nwith a body prescribed under a regulation; and\nagainst which the licensed provider has a right to debit the amount of a wager.\nA player’s account must be established on the basis mentioned in this section.\nA player’s account must be established on a basis under which, while the player is an unrestricted player, the player may only have direct recourse to the funds in the account—\nto obtain the balance of funds in the account and close the account; or\nto obtain the whole or part of the amount paid into the account as a prize in an authorised game; or\nas authorised by the licensed provider or chief executive.\nAlso, a player’s account must be established on a basis under which, while the player is a restricted player, the player may not—\nhave recourse to funds in the account to obtain the whole or part of the balance of the funds in the account; or\nclose the account if there is a balance standing to the credit of the account.\nSubsection (4) applies whether the balance—\nconsists of amounts deposited into the account by the player ( deposited amounts ); or\nconsists of amounts paid into the account as prizes in authorised games ( winnings ); or\nconsists partly of deposited amounts and partly of winnings.\ns 20 amd 1999 No. 77 s 173\n(sec.20-ssec.1) A player’s account is an account— in the name of the player— at a financial institution; or with a body prescribed under a regulation; and against which the licensed provider has a right to debit the amount of a wager.\n(sec.20-ssec.2) A player’s account must be established on the basis mentioned in this section.\n(sec.20-ssec.3) A player’s account must be established on a basis under which, while the player is an unrestricted player, the player may only have direct recourse to the funds in the account— to obtain the balance of funds in the account and close the account; or to obtain the whole or part of the amount paid into the account as a prize in an authorised game; or as authorised by the licensed provider or chief executive.\n(sec.20-ssec.4) Also, a player’s account must be established on a basis under which, while the player is a restricted player, the player may not— have recourse to funds in the account to obtain the whole or part of the balance of the funds in the account; or close the account if there is a balance standing to the credit of the account.\n(sec.20-ssec.5) Subsection (4) applies whether the balance— consists of amounts deposited into the account by the player ( deposited amounts ); or consists of amounts paid into the account as prizes in authorised games ( winnings ); or consists partly of deposited amounts and partly of winnings.\n- (a) in the name of the player— (i) at a financial institution; or (ii) with a body prescribed under a regulation; and\n- (i) at a financial institution; or\n- (ii) with a body prescribed under a regulation; and\n- (b) against which the licensed provider has a right to debit the amount of a wager.\n- (i) at a financial institution; or\n- (ii) with a body prescribed under a regulation; and\n- (a) to obtain the balance of funds in the account and close the account; or\n- (b) to obtain the whole or part of the amount paid into the account as a prize in an authorised game; or\n- (c) as authorised by the licensed provider or chief executive.\n- (a) have recourse to funds in the account to obtain the whole or part of the balance of the funds in the account; or\n- (b) close the account if there is a balance standing to the credit of the account.\n- (a) consists of amounts deposited into the account by the player ( deposited amounts ); or\n- (b) consists of amounts paid into the account as prizes in authorised games ( winnings ); or\n- (c) consists partly of deposited amounts and partly of winnings.","sortOrder":29},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Restrictions on deposits for player’s account","content":"### sec.20A Restrictions on deposits for player’s account\n\nA licensed provider must not, for the player’s account of a restricted player, permit the player—\nto make a deposit that is more than the amount prescribed under a regulation (the fixed amount ); or\nin a period prescribed under a regulation, to make deposits totalling more than the fixed amount.\nMaximum penalty—200 penalty units.\ns 20A ins 1999 No. 77 s 174\n- (a) to make a deposit that is more than the amount prescribed under a regulation (the fixed amount ); or\n- (b) in a period prescribed under a regulation, to make deposits totalling more than the fixed amount.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Acceptance of wagers","content":"### sec.21 Acceptance of wagers\n\nA licensed provider must not accept a wager from a player in an authorised game unless—\na player’s account has been established in the name of the player and there are adequate funds in the account to cover the amount of the wager; or\nthe funds necessary to cover the amount of the wager are provided in a way authorised under a regulation.\n- (a) a player’s account has been established in the name of the player and there are adequate funds in the account to cover the amount of the wager; or\n- (b) the funds necessary to cover the amount of the wager are provided in a way authorised under a regulation.","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Player to be bound by rules of the game","content":"### sec.22 Player to be bound by rules of the game\n\nA player who participates in an authorised game must comply with rules of the game as notified to the player under the conditions on which the game is authorised.\nMaximum penalty—40 penalty units.","sortOrder":32},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Accounting for account balances for restricted players","content":"### sec.22A Accounting for account balances for restricted players\n\nThis section applies if—\na person’s registration as a restricted player ceases to have effect because of section 18 (6) ; and\nwhen the registration ceases to have effect, an amount (the account balance ) is standing to the credit of a player’s account established in the name of the person.\nThe licensed provider must pay the account balance to the chief executive.\nIf an amount of the account balance is not paid by the licensed provider, the State may recover the amount from the provider as a debt.\ns 22A ins 1999 No. 77 s 175\n(sec.22A-ssec.1) This section applies if— a person’s registration as a restricted player ceases to have effect because of section 18 (6) ; and when the registration ceases to have effect, an amount (the account balance ) is standing to the credit of a player’s account established in the name of the person.\n(sec.22A-ssec.2) The licensed provider must pay the account balance to the chief executive.\n(sec.22A-ssec.3) If an amount of the account balance is not paid by the licensed provider, the State may recover the amount from the provider as a debt.\n- (a) a person’s registration as a restricted player ceases to have effect because of section 18 (6) ; and\n- (b) when the registration ceases to have effect, an amount (the account balance ) is standing to the credit of a player’s account established in the name of the person.","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Restriction of gambling venues","content":"## Restriction of gambling venues","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Use of premises for interactive gambling","content":"### sec.23 Use of premises for interactive gambling\n\nA person must not—\nadvertise that premises are available for playing interactive games; or\nseek to obtain a commercial advantage from the use of premises for playing interactive games.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n- (a) advertise that premises are available for playing interactive games; or\n- (b) seek to obtain a commercial advantage from the use of premises for playing interactive games.","sortOrder":35},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Exemption schemes","content":"## Exemption schemes","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Meaning of exemption scheme","content":"### sec.24 Meaning of exemption scheme\n\nAn exemption scheme is a scheme exempting the licensed provider authorised to conduct interactive games under the scheme (the exempted provider ) from the application of specified provisions of this Act to an extent prescribed in the scheme.","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Approval of exemption scheme","content":"### sec.25 Approval of exemption scheme\n\nThe Minister may approve an exemption scheme if the Minister is satisfied, on application by a licensed provider or an applicant for an interactive gambling licence—\nthe exemption scheme complies with the criteria for approval of exemption schemes; and\nthe approval of the exemption scheme is warranted in the circumstances of the particular case.\nThe Minister may consider an exemption scheme warranted if the interactive games are to be conducted by or for the benefit of a charity and the proceeds are to be devoted to charitable purposes.\nThe Minister may consider an exemption scheme warranted if a game authorised under another Act involves interactive elements (and therefore falls within the definition of an interactive game) but is to be substantially conducted under the other Act.\nAn exemption scheme complies with the criteria for approval of exemption schemes if (and only if) the Minister is satisfied—\nthe standards of probity required under this Act for providers of interactive games and those involved in the conduct of interactive games will not be compromised by the approval of the scheme; and\nadequate and appropriate safeguards will exist to ensure the fairness of the interactive games to be conducted under the scheme and to protect the interests of players; and\nadequate and appropriate safeguards will exist to prevent participation in the interactive games to be conducted under the scheme by minors; and\nthe scheme provides for other adequate and appropriate safeguards to ensure that the public interest is not affected in an adverse and material way by the conduct of interactive games under the scheme.\nFor this Act, a game authorised under an approved exemption scheme is an authorised game.\n(sec.25-ssec.1) The Minister may approve an exemption scheme if the Minister is satisfied, on application by a licensed provider or an applicant for an interactive gambling licence— the exemption scheme complies with the criteria for approval of exemption schemes; and the approval of the exemption scheme is warranted in the circumstances of the particular case. The Minister may consider an exemption scheme warranted if the interactive games are to be conducted by or for the benefit of a charity and the proceeds are to be devoted to charitable purposes. The Minister may consider an exemption scheme warranted if a game authorised under another Act involves interactive elements (and therefore falls within the definition of an interactive game) but is to be substantially conducted under the other Act.\n(sec.25-ssec.2) An exemption scheme complies with the criteria for approval of exemption schemes if (and only if) the Minister is satisfied— the standards of probity required under this Act for providers of interactive games and those involved in the conduct of interactive games will not be compromised by the approval of the scheme; and adequate and appropriate safeguards will exist to ensure the fairness of the interactive games to be conducted under the scheme and to protect the interests of players; and adequate and appropriate safeguards will exist to prevent participation in the interactive games to be conducted under the scheme by minors; and the scheme provides for other adequate and appropriate safeguards to ensure that the public interest is not affected in an adverse and material way by the conduct of interactive games under the scheme.\n(sec.25-ssec.3) For this Act, a game authorised under an approved exemption scheme is an authorised game.\n- (a) the exemption scheme complies with the criteria for approval of exemption schemes; and\n- (b) the approval of the exemption scheme is warranted in the circumstances of the particular case.\n- 1 The Minister may consider an exemption scheme warranted if the interactive games are to be conducted by or for the benefit of a charity and the proceeds are to be devoted to charitable purposes.\n- 2 The Minister may consider an exemption scheme warranted if a game authorised under another Act involves interactive elements (and therefore falls within the definition of an interactive game) but is to be substantially conducted under the other Act.\n- (a) the standards of probity required under this Act for providers of interactive games and those involved in the conduct of interactive games will not be compromised by the approval of the scheme; and\n- (b) adequate and appropriate safeguards will exist to ensure the fairness of the interactive games to be conducted under the scheme and to protect the interests of players; and\n- (c) adequate and appropriate safeguards will exist to prevent participation in the interactive games to be conducted under the scheme by minors; and\n- (d) the scheme provides for other adequate and appropriate safeguards to ensure that the public interest is not affected in an adverse and material way by the conduct of interactive games under the scheme.","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Cancellation of approval","content":"### sec.26 Cancellation of approval\n\nThe Minister may, by written notice to an exempted provider, cancel the approval of an exemption scheme if the Minister is of the opinion the scheme no longer complies with the criteria for approval of exemption schemes.\nHowever, the Minister may only cancel the approval of an approved exemption scheme after giving the exempted provider written notice of the proposed cancellation and the reasons for it and allowing the exempted provider a reasonable opportunity to make representations.\n(sec.26-ssec.1) The Minister may, by written notice to an exempted provider, cancel the approval of an exemption scheme if the Minister is of the opinion the scheme no longer complies with the criteria for approval of exemption schemes.\n(sec.26-ssec.2) However, the Minister may only cancel the approval of an approved exemption scheme after giving the exempted provider written notice of the proposed cancellation and the reasons for it and allowing the exempted provider a reasonable opportunity to make representations.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Termination of approved exemption scheme","content":"### sec.27 Termination of approved exemption scheme\n\nAn approved exemption scheme terminates if—\nthe approval was given for a specified period and the period comes to an end; or\nthe Minister cancels the approval under this division.\n- (a) the approval was given for a specified period and the period comes to an end; or\n- (b) the Minister cancels the approval under this division.","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Gazette notice","content":"### sec.28 Gazette notice\n\nThe Minister must have notice published in the gazette of—\nthe approval of an exemption scheme; or\nthe cancellation of the approval of an exemption scheme.\nNotice of the approval of an exemption scheme must state an address at which interested members of the public may inspect, or obtain a copy of, the exemption scheme.\n(sec.28-ssec.1) The Minister must have notice published in the gazette of— the approval of an exemption scheme; or the cancellation of the approval of an exemption scheme.\n(sec.28-ssec.2) Notice of the approval of an exemption scheme must state an address at which interested members of the public may inspect, or obtain a copy of, the exemption scheme.\n- (a) the approval of an exemption scheme; or\n- (b) the cancellation of the approval of an exemption scheme.","sortOrder":41},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"General validation of authorised activities","content":"## General validation of authorised activities","sortOrder":42},{"sectionNumber":"sec.29","sectionType":"section","heading":"Lawful activities","content":"### sec.29 Lawful activities\n\nDespite any other law, the following activities are lawful—\nthe conduct of an authorised game, under this Act, by a person authorised under this Act or a corresponding law to conduct the game;\nthe advertisement and promotion (subject to this Act) of an authorised game;\nactivities of an agent conducted under this Act and the relevant agency agreement;\nparticipation (subject to this Act) as a player in an authorised game;\nthe doing of anything else required or authorised to be done under this Act.\n- (a) the conduct of an authorised game, under this Act, by a person authorised under this Act or a corresponding law to conduct the game;\n- (b) the advertisement and promotion (subject to this Act) of an authorised game;\n- (c) activities of an agent conducted under this Act and the relevant agency agreement;\n- (d) participation (subject to this Act) as a player in an authorised game;\n- (e) the doing of anything else required or authorised to be done under this Act.","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":"Interactive gambling licences","content":"# Interactive gambling licences","sortOrder":44},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Applications for, and issue of, interactive gambling licences","content":"## Applications for, and issue of, interactive gambling licences","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application for interactive gambling licence","content":"### sec.30 Application for interactive gambling licence\n\nAn application for an interactive gambling licence must be in an approved form.\nAn application must be accompanied by any application fee prescribed under a regulation.\nThe Minister may, by written notice given to an applicant for an interactive gambling licence, require the applicant to give the Minister further information or a document that is necessary and reasonable to help the Minister decide the application.\n(sec.30-ssec.1) An application for an interactive gambling licence must be in an approved form.\n(sec.30-ssec.2) An application must be accompanied by any application fee prescribed under a regulation.\n(sec.30-ssec.3) The Minister may, by written notice given to an applicant for an interactive gambling licence, require the applicant to give the Minister further information or a document that is necessary and reasonable to help the Minister decide the application.","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Consideration of application","content":"### sec.31 Consideration of application\n\nThe Minister must consider an application for an interactive gambling licence and either grant or refuse to grant the application.\nDespite subsection (1) , the Minister is required to consider an application for an interactive gambling licence by a natural person only if the applicant agrees to having the applicant’s photograph and fingerprints taken.\n(sec.31-ssec.1) The Minister must consider an application for an interactive gambling licence and either grant or refuse to grant the application.\n(sec.31-ssec.2) Despite subsection (1) , the Minister is required to consider an application for an interactive gambling licence by a natural person only if the applicant agrees to having the applicant’s photograph and fingerprints taken.","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Conditions for granting application","content":"### sec.32 Conditions for granting application\n\nThe Minister may grant an application for an interactive gambling licence only if the Minister is satisfied—\nthe applicant is a suitable person to hold an interactive gambling licence; and\neach business or executive associate of the applicant is a suitable person to be associated with a licensed provider’s operations.\nHowever, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (1) .\n(sec.32-ssec.1) The Minister may grant an application for an interactive gambling licence only if the Minister is satisfied— the applicant is a suitable person to hold an interactive gambling licence; and each business or executive associate of the applicant is a suitable person to be associated with a licensed provider’s operations.\n(sec.32-ssec.2) However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (1) .\n- (a) the applicant is a suitable person to hold an interactive gambling licence; and\n- (b) each business or executive associate of the applicant is a suitable person to be associated with a licensed provider’s operations.","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Suitability of applicant to hold interactive gambling licence","content":"### sec.33 Suitability of applicant to hold interactive gambling licence\n\nIn deciding whether an applicant is a suitable person to hold an interactive gambling licence, the Minister may have regard to the following matters—\nthe applicant’s character or business reputation;\nthe applicant’s current financial position and financial background;\nif the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;\nwhether the applicant has, or is able to obtain, appropriate resources and appropriate services;\nwhether the applicant has the appropriate business ability to conduct interactive games successfully under an interactive gambling licence;\nif the applicant has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nanything else prescribed under a regulation.\nIn subsection (1) —\nappropriate resources means financial resources—\nadequate, in the Minister’s opinion, to ensure the financial viability of operations conducted under an interactive gambling licence; and\navailable from a source that is not, in the Minister’s opinion, tainted with illegality.\nappropriate services means the services of persons who have appropriate experience to ensure the proper and successful conduct of interactive games.\n(sec.33-ssec.1) In deciding whether an applicant is a suitable person to hold an interactive gambling licence, the Minister may have regard to the following matters— the applicant’s character or business reputation; the applicant’s current financial position and financial background; if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; whether the applicant has, or is able to obtain, appropriate resources and appropriate services; whether the applicant has the appropriate business ability to conduct interactive games successfully under an interactive gambling licence; if the applicant has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background; anything else prescribed under a regulation.\n(sec.33-ssec.2) In subsection (1) — appropriate resources means financial resources— adequate, in the Minister’s opinion, to ensure the financial viability of operations conducted under an interactive gambling licence; and available from a source that is not, in the Minister’s opinion, tainted with illegality. appropriate services means the services of persons who have appropriate experience to ensure the proper and successful conduct of interactive games.\n- (a) the applicant’s character or business reputation;\n- (b) the applicant’s current financial position and financial background;\n- (c) if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;\n- (d) whether the applicant has, or is able to obtain, appropriate resources and appropriate services;\n- (e) whether the applicant has the appropriate business ability to conduct interactive games successfully under an interactive gambling licence;\n- (f) if the applicant has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (g) anything else prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (a) adequate, in the Minister’s opinion, to ensure the financial viability of operations conducted under an interactive gambling licence; and\n- (b) available from a source that is not, in the Minister’s opinion, tainted with illegality.","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Suitability of business and executive associates","content":"### sec.34 Suitability of business and executive associates\n\nIn deciding whether a business or executive associate of an applicant for an interactive gambling licence is a suitable person to be associated with a licensed provider’s operations, the Minister may have regard to the following matters—\nthe person’s character or business reputation;\nthe person’s current financial position and financial background;\nif the person has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nanything else prescribed under a regulation.\n- (a) the person’s character or 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— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (d) anything else prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Investigations of suitability of persons","content":"### sec.35 Investigations of suitability of persons\n\nThe chief executive may investigate an applicant for an interactive gambling licence to help the Minister decide whether the applicant is a suitable person to hold an interactive gambling licence.\nThe chief executive may investigate a business or executive associate of an applicant for an interactive gambling licence to help the Minister decide whether the business or executive associate is a suitable person to be associated with a licensed provider’s operations.\n(sec.35-ssec.1) The chief executive may investigate an applicant for an interactive gambling licence to help the Minister decide whether the applicant is a suitable person to hold an interactive gambling licence.\n(sec.35-ssec.2) The chief executive may investigate a business or executive associate of an applicant for an interactive gambling licence to help the Minister decide whether the business or executive associate is a suitable person to be associated with a licensed provider’s operations.","sortOrder":51},{"sectionNumber":"sec.36","sectionType":"section","heading":"Decision on application","content":"### sec.36 Decision on application\n\nIf the Minister decides to grant an application for an interactive gambling licence, the Minister must promptly issue an interactive gambling licence to the applicant.\nIf the Minister decides to refuse to grant an application for an interactive gambling licence, the Minister must promptly give the applicant written notice of the decision.\n(sec.36-ssec.1) If the Minister decides to grant an application for an interactive gambling licence, the Minister must promptly issue an interactive gambling licence to the applicant.\n(sec.36-ssec.2) If the Minister decides to refuse to grant an application for an interactive gambling licence, the Minister must promptly give the applicant written notice of the decision.","sortOrder":52},{"sectionNumber":"sec.37","sectionType":"section","heading":"Conditions of licence","content":"### sec.37 Conditions of licence\n\nThe Minister may issue an interactive gambling licence—\non conditions the Minister considers necessary or desirable for the proper conduct of interactive games; and\non other conditions the Minister considers necessary or desirable in the public interest.\n- (a) on conditions the Minister considers necessary or desirable for the proper conduct of interactive games; and\n- (b) on other conditions the Minister considers necessary or desirable in the public interest.","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Form of licence","content":"### sec.38 Form of licence\n\nAn interactive gambling licence must be in the approved form.\nThe approved form must provide for the inclusion of the following particulars—\nthe licensed provider’s name;\nthe date of issue of the licence;\nthe term for which the licence is (subject to this Act) to remain in force;\nthe conditions of the licence;\nother particulars prescribed under a regulation.\n(sec.38-ssec.1) An interactive gambling licence must be in the approved form.\n(sec.38-ssec.2) The approved form must provide for the inclusion of the following particulars— the licensed provider’s name; the date of issue of the licence; the term for which the licence is (subject to this Act) to remain in force; the conditions of the licence; other particulars prescribed under a regulation.\n- (a) the licensed provider’s name;\n- (b) the date of issue of the licence;\n- (c) the term for which the licence is (subject to this Act) to remain in force;\n- (d) the conditions of the licence;\n- (e) other particulars prescribed under a regulation.","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"Changing conditions of licence","content":"### sec.39 Changing conditions of licence\n\nThe Minister may decide to change the conditions of an interactive gambling licence, if the Minister considers it is necessary or desirable to make the change for the proper conduct of authorised games by the licensed provider or otherwise in the public interest.\nHowever, if a condition of an interactive gambling licence is designated in the licence as a condition that may be changed only by agreement between the Minister and the licensed provider, the condition may be changed only by agreement between those persons.\nIf the Minister decides to change conditions of an interactive gambling licence under this section, the Minister must promptly give the licensed provider written notice of the change (a condition notice ) and the reasons for the change.\nThe power of the Minister under subsection (1) includes the power to add conditions to an unconditional licence.\n(sec.39-ssec.1) The Minister may decide to change the conditions of an interactive gambling licence, if the Minister considers it is necessary or desirable to make the change for the proper conduct of authorised games by the licensed provider or otherwise in the public interest.\n(sec.39-ssec.2) However, if a condition of an interactive gambling licence is designated in the licence as a condition that may be changed only by agreement between the Minister and the licensed provider, the condition may be changed only by agreement between those persons.\n(sec.39-ssec.3) If the Minister decides to change conditions of an interactive gambling licence under this section, the Minister must promptly give the licensed provider written notice of the change (a condition notice ) and the reasons for the change.\n(sec.39-ssec.4) The power of the Minister under subsection (1) includes the power to add conditions to an unconditional licence.","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Return of licence for endorsement of changed conditions","content":"### sec.40 Return of licence for endorsement of changed conditions\n\nThe licensed provider must return the licence to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the licensed provider has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the interactive gambling licence, the Minister must—\namend the licence in an appropriate way and return the amended licence to the licensed provider; or\nif the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions, to the licensed provider.\nA change of conditions does not depend on the interactive gambling licence being amended to record the change or a replacement licence being issued.\nA change of conditions takes effect on a day agreed between the Minister and the licensed provider or, in the absence of an agreement, the later of the following—\nthe day the condition notice notifying the change is given to the licensed provider;\nif a later day is stated in the condition notice—the later day.\n(sec.40-ssec.1) The licensed provider must return the licence to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the licensed provider has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.40-ssec.2) On receiving the interactive gambling licence, the Minister must— amend the licence in an appropriate way and return the amended licence to the licensed provider; or if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions, to the licensed provider.\n(sec.40-ssec.3) A change of conditions does not depend on the interactive gambling licence being amended to record the change or a replacement licence being issued.\n(sec.40-ssec.4) A change of conditions takes effect on a day agreed between the Minister and the licensed provider or, in the absence of an agreement, the later of the following— the day the condition notice notifying the change is given to the licensed provider; if a later day is stated in the condition notice—the later day.\n- (a) amend the licence in an appropriate way and return the amended licence to the licensed provider; or\n- (b) if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions, to the licensed provider.\n- (a) the day the condition notice notifying the change is given to the licensed provider;\n- (b) if a later day is stated in the condition notice—the later day.","sortOrder":56},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"General provisions about interactive gambling licences","content":"## General provisions about interactive gambling licences","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Interactive gambling licence not to be transferable","content":"### sec.41 Interactive gambling licence not to be transferable\n\nAn interactive gambling licence can not be transferred.\nHowever, if an interactive gambling licence is mortgaged, charged or encumbered with the written approval of the Minister, this section does not prevent the transfer of the licence, subject to section 42 , by way of enforcement of the security.\n(sec.41-ssec.1) An interactive gambling licence can not be transferred.\n(sec.41-ssec.2) However, if an interactive gambling licence is mortgaged, charged or encumbered with the written approval of the Minister, this section does not prevent the transfer of the licence, subject to section 42 , by way of enforcement of the security.","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Mortgage and assignment of interactive gambling licence","content":"### sec.42 Mortgage and assignment of interactive gambling licence\n\nA licensed provider must not mortgage, charge or otherwise encumber the licence except with the written approval of the Minister.\nIf a person has a right to sell and transfer an interactive gambling licence under or because of a mortgage, charge or encumbrance, the licence may only be sold and transferred to a person approved by the Minister.\nBefore the Minister approves the transfer of an interactive gambling licence under this section, the Minister must be satisfied that—\nthe proposed transferee is a suitable person to hold an interactive gambling licence; and\neach business and executive associate of the proposed transferee is a suitable person to be associated with a licensed provider’s operations.\nThe Minister may require the proposed transferee of an interactive gambling licence to submit an application for the licence and may deal with the application, and investigate the suitability of the proposed transferee and the proposed transferee’s business and executive associates, in the same way as if the application were an application for a new interactive gambling licence.\nIf a person has under, or because of, a mortgage, charge or encumbrance a power to appoint a receiver or manager of the business conducted under an interactive gambling licence, the power may only be exercised if the Minister first approves the proposed receiver or manager in writing.\n(sec.42-ssec.1) A licensed provider must not mortgage, charge or otherwise encumber the licence except with the written approval of the Minister.\n(sec.42-ssec.2) If a person has a right to sell and transfer an interactive gambling licence under or because of a mortgage, charge or encumbrance, the licence may only be sold and transferred to a person approved by the Minister.\n(sec.42-ssec.3) Before the Minister approves the transfer of an interactive gambling licence under this section, the Minister must be satisfied that— the proposed transferee is a suitable person to hold an interactive gambling licence; and each business and executive associate of the proposed transferee is a suitable person to be associated with a licensed provider’s operations.\n(sec.42-ssec.4) The Minister may require the proposed transferee of an interactive gambling licence to submit an application for the licence and may deal with the application, and investigate the suitability of the proposed transferee and the proposed transferee’s business and executive associates, in the same way as if the application were an application for a new interactive gambling licence.\n(sec.42-ssec.5) If a person has under, or because of, a mortgage, charge or encumbrance a power to appoint a receiver or manager of the business conducted under an interactive gambling licence, the power may only be exercised if the Minister first approves the proposed receiver or manager in writing.\n- (a) the proposed transferee is a suitable person to hold an interactive gambling licence; and\n- (b) each business and executive associate of the proposed transferee is a suitable person to be associated with a licensed provider’s operations.","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Surrender of interactive gambling licence","content":"### sec.43 Surrender of interactive gambling licence\n\nA licensed provider may surrender the licence by written notice given to the Minister.\nThe surrender takes effect—\nif paragraph (b) does not apply—\n3 months after the notice is given; or\nif a later day of effect is stated in the notice—on the later day; or\nif the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\n(sec.43-ssec.1) A licensed provider may surrender the licence by written notice given to the Minister.\n(sec.43-ssec.2) The surrender takes effect— if paragraph (b) does not apply— 3 months after the notice is given; or if a later day of effect is stated in the notice—on the later day; or if the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\n- (a) if paragraph (b) does not apply— (i) 3 months after the notice is given; or (ii) if a later day of effect is stated in the notice—on the later day; or\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 day; or\n- (b) if the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\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 day; or","sortOrder":60},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Suspension and cancellation of interactive gambling licences","content":"## Suspension and cancellation of interactive gambling licences","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.44 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling an interactive gambling licence—\nthe licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence;\na business or executive associate of the licensed provider is not, or is no longer, a suitable person to be associated with a licensed provider’s operations;\na business or executive associate of the licensed provider is a person whom the provider is required to ensure is not a business or executive associate under a regulation under section 263 (4) (b) ;\nthe licensed provider has been convicted of an offence against this Act, a gaming Act or a corresponding law;\nthe licensed provider has been convicted of an indictable offence;\nthe licensed provider has contravened a condition of the interactive gambling licence;\nthe licensed provider has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence);\nthe licensed provider has failed to discharge financial commitments for the licensed provider’s operations;\nthe licensed provider is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;\nthe licensed provider is affected by control action under the Corporations Act ;\nthe interactive gambling licence was obtained by a materially false or misleading representation or in some other improper way.\nFor forming the belief that the ground mentioned in subsection (1) (a) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold an interactive gambling licence.\nFor forming the belief that the ground mentioned in subsection (1) (b) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with a licensed provider’s operations.\nFor subsection (1) (i) , a licensed provider is affected by control action under the Corporations Act if the licensed provider—\nhas executed a deed of company arrangement under that Act; or\nis the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\ns 44 amd 1999 No. 37 s 3 ; 2001 No. 45 s 29 sch 3\n(sec.44-ssec.1) Each of the following is a ground for suspending or cancelling an interactive gambling licence— the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; a business or executive associate of the licensed provider is not, or is no longer, a suitable person to be associated with a licensed provider’s operations; a business or executive associate of the licensed provider is a person whom the provider is required to ensure is not a business or executive associate under a regulation under section 263 (4) (b) ; the licensed provider has been convicted of an offence against this Act, a gaming Act or a corresponding law; the licensed provider has been convicted of an indictable offence; the licensed provider has contravened a condition of the interactive gambling licence; the licensed provider has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence); the licensed provider has failed to discharge financial commitments for the licensed provider’s operations; the licensed provider is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy; the licensed provider is affected by control action under the Corporations Act ; the interactive gambling licence was obtained by a materially false or misleading representation or in some other improper way.\n(sec.44-ssec.2) For forming the belief that the ground mentioned in subsection (1) (a) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold an interactive gambling licence.\n(sec.44-ssec.3) For forming the belief that the ground mentioned in subsection (1) (b) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with a licensed provider’s operations.\n(sec.44-ssec.4) For subsection (1) (i) , a licensed provider is affected by control action under the Corporations Act if the licensed provider— has executed a deed of company arrangement under that Act; or is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\n- (a) the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence;\n- (b) a business or executive associate of the licensed provider is not, or is no longer, a suitable person to be associated with a licensed provider’s operations;\n- (ba) a business or executive associate of the licensed provider is a person whom the provider is required to ensure is not a business or executive associate under a regulation under section 263 (4) (b) ;\n- (c) the licensed provider has been convicted of an offence against this Act, a gaming Act or a corresponding law;\n- (d) the licensed provider has been convicted of an indictable offence;\n- (e) the licensed provider has contravened a condition of the interactive gambling licence;\n- (f) the licensed provider has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence);\n- (g) the licensed provider has failed to discharge financial commitments for the licensed provider’s operations;\n- (h) the licensed provider is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;\n- (i) the licensed provider is affected by control action under the Corporations Act ;\n- (j) the interactive gambling licence was obtained by a materially false or misleading representation or in some other improper way.\n- (a) has executed a deed of company arrangement under that Act; or\n- (b) is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Show cause notice","content":"### sec.45 Show cause notice\n\nThis section applies if the Minister believes—\na ground exists to suspend or cancel an interactive gambling licence; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or\nthe public interest may be affected in an adverse and material way.\nThe Minister must give the licensed provider a written notice (a show cause notice ) that—\nstates the action (the proposed action ) the Minister proposes taking under this division; and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\nif the proposed action is suspension of the interactive gambling licence—states the proposed suspension period; and\ninvites the licensed provider to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the licensed provider.\n(sec.45-ssec.1) This section applies if the Minister believes— a ground exists to suspend or cancel an interactive gambling licence; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.45-ssec.2) The Minister must give the licensed provider a written notice (a show cause notice ) that— states the action (the proposed action ) the Minister proposes taking under this division; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the interactive gambling licence—states the proposed suspension period; and invites the licensed provider to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.45-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the licensed provider.\n- (a) a ground exists to suspend or cancel an interactive gambling licence; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or (ii) the public interest may be affected in an adverse and material way.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (a) states the action (the proposed action ) the Minister proposes taking under this division; and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is suspension of the interactive gambling licence—states the proposed suspension period; and\n- (e) invites the licensed provider to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Copy of show cause notice to be given to interested persons","content":"### sec.46 Copy of show cause notice to be given to interested persons\n\nThe Minister must promptly give a copy of the show cause notice to—\neach participating regulator; and\neach person (an interested person ) the Minister believes has an interest in the interactive gambling licence if the Minister considers—\nthe person’s interest may be affected adversely by the suspension or cancellation of the licence; and\nit is otherwise appropriate in the circumstances to give the copy of the notice to the person.\nIn considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following—\nthe nature of the interested person’s interest;\nwhether the licensed provider’s interest may be improperly prejudiced.\nA person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.\n(sec.46-ssec.1) The Minister must promptly give a copy of the show cause notice to— each participating regulator; and each person (an interested person ) the Minister believes has an interest in the interactive gambling licence if the Minister considers— the person’s interest may be affected adversely by the suspension or cancellation of the licence; and it is otherwise appropriate in the circumstances to give the copy of the notice to the person.\n(sec.46-ssec.2) In considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following— the nature of the interested person’s interest; whether the licensed provider’s interest may be improperly prejudiced.\n(sec.46-ssec.3) A person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.\n- (a) each participating regulator; and\n- (b) each person (an interested person ) the Minister believes has an interest in the interactive gambling licence if the Minister considers— (i) the person’s interest may be affected adversely by the suspension or cancellation of the licence; and (ii) it is otherwise appropriate in the circumstances to give the copy of the notice to the person.\n- (i) the person’s interest may be affected adversely by the suspension or cancellation of the licence; and\n- (ii) it is otherwise appropriate in the circumstances to give the copy of the notice to the person.\n- (i) the person’s interest may be affected adversely by the suspension or cancellation of the licence; and\n- (ii) it is otherwise appropriate in the circumstances to give the copy of the notice to the person.\n- (a) the nature of the interested person’s interest;\n- (b) whether the licensed provider’s interest may be improperly prejudiced.","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Consideration of representations","content":"### sec.47 Consideration of representations\n\nThe Minister must consider all written representations (the accepted representations ) made during the show cause period by—\nthe licensed provider; or\nany participating regulator or interested person to whom a copy of the show cause notice is given.\n- (a) the licensed provider; or\n- (b) any participating regulator or interested person to whom a copy of the show cause notice is given.","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Immediate suspension","content":"### sec.48 Immediate suspension\n\nThe Minister may suspend an interactive gambling licence immediately if the Minister believes—\na ground exists to suspend or cancel the licence; and\nthe circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure—\nthe public interest is not affected in an adverse and material way; or\nthe integrity of the conduct of interactive games by the licensed provider is not jeopardised in a material way.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the licensed provider with a show cause notice; and\noperates immediately the suspension notice is given; and\ncontinues to operate until the show cause notice is finally dealt with.\n(sec.48-ssec.1) The Minister may suspend an interactive gambling licence immediately if the Minister believes— a ground exists to suspend or cancel the licence; and the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure— the public interest is not affected in an adverse and material way; or the integrity of the conduct of interactive games by the licensed provider is not jeopardised in a material way.\n(sec.48-ssec.2) The suspension— must be effected by written notice (a suspension notice ) given to the licensed provider with a show cause notice; and operates immediately the suspension notice is given; and continues to operate until the show cause notice is finally dealt with.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure— (i) the public interest is not affected in an adverse and material way; or (ii) the integrity of the conduct of interactive games by the licensed provider is not jeopardised in a material way.\n- (i) the public interest is not affected in an adverse and material way; or\n- (ii) the integrity of the conduct of interactive games by the licensed provider is not jeopardised in a material way.\n- (i) the public interest is not affected in an adverse and material way; or\n- (ii) the integrity of the conduct of interactive games by the licensed provider is not jeopardised in a material way.\n- (a) must be effected by written notice (a suspension notice ) given to the licensed provider with a show cause notice; and\n- (b) operates immediately the suspension notice is given; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Censuring licensed provider","content":"### sec.49 Censuring licensed provider\n\nThis section applies if the Minister—\nbelieves a ground exists to suspend or cancel an interactive gambling licence; but\ndoes not believe the giving of a show cause notice to the licensed provider is warranted.\nThis section also applies if, after considering the accepted representations for a show cause notice, the Minister—\nstill believes a ground exists to suspend or cancel an interactive gambling licence; but\ndoes not believe suspension or cancellation of the licence is warranted.\nThe Minister may, by written notice given to the licensed provider, censure the licensed provider for a matter relating to the ground for suspension or cancellation.\n(sec.49-ssec.1) This section applies if the Minister— believes a ground exists to suspend or cancel an interactive gambling licence; but does not believe the giving of a show cause notice to the licensed provider is warranted.\n(sec.49-ssec.2) This section also applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to suspend or cancel an interactive gambling licence; but does not believe suspension or cancellation of the licence is warranted.\n(sec.49-ssec.3) The Minister may, by written notice given to the licensed provider, censure the licensed provider for a matter relating to the ground for suspension or cancellation.\n- (a) believes a ground exists to suspend or cancel an interactive gambling licence; but\n- (b) does not believe the giving of a show cause notice to the licensed provider is warranted.\n- (a) still believes a ground exists to suspend or cancel an interactive gambling licence; but\n- (b) does not believe suspension or cancellation of the licence is warranted.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Direction to rectify","content":"### sec.50 Direction to rectify\n\nThis section applies if—\nthe Minister believes—\na ground exists to suspend or cancel an interactive gambling licence; but\nit is appropriate to give the licensed provider an opportunity to rectify the matter without giving a show cause notice; and\nthe licensed provider has been given written notice that the Minister proposes to give a direction under this section and a reasonable opportunity to make representations about the proposed direction.\nThis section also applies if, after considering the accepted representations for a show cause notice, the Minister—\nstill believes a ground exists to suspend or cancel an interactive gambling licence; but\nbelieves it is appropriate to give the licensed provider an opportunity to rectify the matter.\nThe Minister may, by written notice given to the licensed provider, direct the licensed provider to rectify the matter within the period stated in the notice.\nThe notice must state the reasons for the decision to give the direction.\nThe period stated in the notice must be reasonable having regard to the nature of the matter to be rectified.\nA licensed provider must comply with a direction under this section.\nMaximum penalty for subsection (6) —40 penalty units.\n(sec.50-ssec.1) This section applies if— the Minister believes— a ground exists to suspend or cancel an interactive gambling licence; but it is appropriate to give the licensed provider an opportunity to rectify the matter without giving a show cause notice; and the licensed provider has been given written notice that the Minister proposes to give a direction under this section and a reasonable opportunity to make representations about the proposed direction.\n(sec.50-ssec.2) This section also applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to suspend or cancel an interactive gambling licence; but believes it is appropriate to give the licensed provider an opportunity to rectify the matter.\n(sec.50-ssec.3) The Minister may, by written notice given to the licensed provider, direct the licensed provider to rectify the matter within the period stated in the notice.\n(sec.50-ssec.4) The notice must state the reasons for the decision to give the direction.\n(sec.50-ssec.5) The period stated in the notice must be reasonable having regard to the nature of the matter to be rectified.\n(sec.50-ssec.6) A licensed provider must comply with a direction under this section. Maximum penalty for subsection (6) —40 penalty units.\n- (a) the Minister believes— (i) a ground exists to suspend or cancel an interactive gambling licence; but (ii) it is appropriate to give the licensed provider an opportunity to rectify the matter without giving a show cause notice; and\n- (i) a ground exists to suspend or cancel an interactive gambling licence; but\n- (ii) it is appropriate to give the licensed provider an opportunity to rectify the matter without giving a show cause notice; and\n- (b) the licensed provider has been given written notice that the Minister proposes to give a direction under this section and a reasonable opportunity to make representations about the proposed direction.\n- (i) a ground exists to suspend or cancel an interactive gambling licence; but\n- (ii) it is appropriate to give the licensed provider an opportunity to rectify the matter without giving a show cause notice; and\n- (a) still believes a ground exists to suspend or cancel an interactive gambling licence; but\n- (b) believes it is appropriate to give the licensed provider an opportunity to rectify the matter.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notice referring question of disciplinary action to Governor in Council","content":"### sec.51 Notice referring question of disciplinary action to Governor in Council\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes—\na ground exists to suspend or cancel the interactive gambling licence; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or\nthe public interest may be affected in an adverse or material way.\nThis section also applies if, after considering the accepted representations for a show cause notice, the Minister directs the licensed provider to rectify a matter and the licensed provider fails to comply with the direction within the time allowed for compliance.\nThe Minister must forward to the Governor in Council—\nwritten notice of the Minister’s belief or of the licensed provider’s failure to comply with the direction; and\ncopies of the accepted representations for the show cause notice.\n(sec.51-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes— a ground exists to suspend or cancel the interactive gambling licence; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or the public interest may be affected in an adverse or material way.\n(sec.51-ssec.2) This section also applies if, after considering the accepted representations for a show cause notice, the Minister directs the licensed provider to rectify a matter and the licensed provider fails to comply with the direction within the time allowed for compliance.\n(sec.51-ssec.3) The Minister must forward to the Governor in Council— written notice of the Minister’s belief or of the licensed provider’s failure to comply with the direction; and copies of the accepted representations for the show cause notice.\n- (a) a ground exists to suspend or cancel the interactive gambling licence; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or (ii) the public interest may be affected in an adverse or material way.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse or material way.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse or material way.\n- (a) written notice of the Minister’s belief or of the licensed provider’s failure to comply with the direction; and\n- (b) copies of the accepted representations for the show cause notice.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Suspension, cancellation and appointment of administrator","content":"### sec.52 Suspension, cancellation and appointment of administrator\n\nAfter receiving the notice from the Minister under section 51 , the Governor in Council may—\nif the proposed action stated in the show cause notice was to suspend the interactive gambling licence for a stated period—suspend the licence for not longer than the stated period; or\nif the proposed action stated in the show cause notice was to cancel the interactive gambling licence—\nsuspend the licence for a period; or\ncancel the licence; or\nappoint an administrator to conduct the operations of the licensed provider under the licence; or\ndirect the Minister to censure the licensed provider.\nThe Minister must promptly give written notice of the decision of the Governor in Council to the licensed provider.\nA decision to suspend or cancel the licence, or to appoint an administrator, takes effect on the later of the following—\nthe day the notice is given to the licensed provider;\nif a later day is stated in the notice—the later day.\nThis section applies despite the Corporations Act .\ns 52 amd 2001 No. 45 s 29 sch s 2 – 3\n(sec.52-ssec.1) After receiving the notice from the Minister under section 51 , the Governor in Council may— if the proposed action stated in the show cause notice was to suspend the interactive gambling licence for a stated period—suspend the licence for not longer than the stated period; or if the proposed action stated in the show cause notice was to cancel the interactive gambling licence— suspend the licence for a period; or cancel the licence; or appoint an administrator to conduct the operations of the licensed provider under the licence; or direct the Minister to censure the licensed provider.\n(sec.52-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to the licensed provider.\n(sec.52-ssec.3) A decision to suspend or cancel the licence, or to appoint an administrator, takes effect on the later of the following— the day the notice is given to the licensed provider; if a later day is stated in the notice—the later day.\n(sec.52-ssec.4) This section applies despite the Corporations Act .\n- (a) if the proposed action stated in the show cause notice was to suspend the interactive gambling licence for a stated period—suspend the licence for not longer than the stated period; or\n- (b) if the proposed action stated in the show cause notice was to cancel the interactive gambling licence— (i) suspend the licence for a period; or (ii) cancel the licence; or (iii) appoint an administrator to conduct the operations of the licensed provider under the licence; or\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the operations of the licensed provider under the licence; or\n- (c) direct the Minister to censure the licensed provider.\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the operations of the licensed provider under the licence; or\n- (a) the day the notice is given to the licensed provider;\n- (b) if a later day is stated in the notice—the later day.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Terms of appointment, and role, of administrator","content":"### sec.53 Terms of appointment, and role, of administrator\n\nThis section applies to an administrator appointed by the Governor in Council to conduct operations under an interactive gambling licence.\nFor any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.\nThe administrator—\nhas full control of, and responsibility for, the operations of the licensed provider conducted under the interactive gambling licence (including authorised games that had been commenced but not completed as at the time of the administrator’s appointment); and\nsubject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the licensed provider.\nThe costs of and incidental to the conduct and administration of a licensed provider’s operations by an administrator under this section (the costs of administration ) are payable by the licensed provider.\nAny profits derived from the conduct of the licensed provider’s operations by the administrator are, after payment of the costs of administration, to be paid to the licensed provider.\nThis section applies despite the Corporations Act .\ns 53 amd 2001 No. 45 s 29 sch s 2 – 3\n(sec.53-ssec.1) This section applies to an administrator appointed by the Governor in Council to conduct operations under an interactive gambling licence.\n(sec.53-ssec.2) For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.\n(sec.53-ssec.3) The administrator— has full control of, and responsibility for, the operations of the licensed provider conducted under the interactive gambling licence (including authorised games that had been commenced but not completed as at the time of the administrator’s appointment); and subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the licensed provider.\n(sec.53-ssec.4) The costs of and incidental to the conduct and administration of a licensed provider’s operations by an administrator under this section (the costs of administration ) are payable by the licensed provider.\n(sec.53-ssec.5) Any profits derived from the conduct of the licensed provider’s operations by the administrator are, after payment of the costs of administration, to be paid to the licensed provider.\n(sec.53-ssec.6) This section applies despite the Corporations Act .\n- (a) has full control of, and responsibility for, the operations of the licensed provider conducted under the interactive gambling licence (including authorised games that had been commenced but not completed as at the time of the administrator’s appointment); and\n- (b) subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the licensed provider.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.54 Cancellation or reduction of period of suspension\n\nIf an interactive gambling licence is under suspension, the Governor in Council may at any time—\ncancel the suspension; or\nreduce the remaining period of suspension by a stated period.\nThe Minister must promptly give written notice of the decision of the Governor in Council to the licensed provider.\n(sec.54-ssec.1) If an interactive gambling licence is under suspension, the Governor in Council may at any time— cancel the suspension; or reduce the remaining period of suspension by a stated period.\n(sec.54-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to the licensed provider.\n- (a) cancel the suspension; or\n- (b) reduce the remaining period of suspension by a stated period.","sortOrder":72},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Investigations into suitability","content":"## Investigations into suitability","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Audit program","content":"### sec.55 Audit program\n\nThe Minister may approve an audit program for investigating licensed providers and their business or executive associates.\nThe chief executive is responsible for ensuring that investigations under an approved audit program are conducted in accordance with the program.\nA person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.\n(sec.55-ssec.1) The Minister may approve an audit program for investigating licensed providers and their business or executive associates.\n(sec.55-ssec.2) The chief executive is responsible for ensuring that investigations under an approved audit program are conducted in accordance with the program.\n(sec.55-ssec.3) A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"Investigations","content":"### sec.56 Investigations\n\nThe chief executive may investigate a licensed provider to help the Minister decide whether the licensed provider is a suitable person to hold, or to continue to hold, an interactive gambling licence.\nThe chief executive may investigate a business or executive associate of a licensed provider to help the Minister decide whether the person is, or continues to be, a suitable person to be associated with a licensed provider’s operations.\nHowever, the chief executive may investigate a licensed provider only if—\nthe Minister reasonably suspects the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; or\nthe investigation is made under an audit program for licensed providers approved by the Minister.\nAlso, the chief executive may investigate a business or executive associate of a licensed provider only if—\nthe Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a licensed provider’s operations; or\nthe investigation is made under an audit program for associates of licensed providers approved by the Minister; or\nthe person—\nbecame a business or executive associate of the licensed provider after the issue of the interactive gambling licence; and\nhas not been investigated previously under an audit program mentioned in paragraph (b) ; or\nthe person—\nwas a business or executive associate of the licensed provider when the interactive gambling licence was issued; and\nhas not been investigated under section 35 (2) .\ns 56 amd 2002 No. 43 s 82\n(sec.56-ssec.1) The chief executive may investigate a licensed provider to help the Minister decide whether the licensed provider is a suitable person to hold, or to continue to hold, an interactive gambling licence.\n(sec.56-ssec.2) The chief executive may investigate a business or executive associate of a licensed provider to help the Minister decide whether the person is, or continues to be, a suitable person to be associated with a licensed provider’s operations.\n(sec.56-ssec.3) However, the chief executive may investigate a licensed provider only if— the Minister reasonably suspects the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; or the investigation is made under an audit program for licensed providers approved by the Minister.\n(sec.56-ssec.4) Also, the chief executive may investigate a business or executive associate of a licensed provider only if— the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a licensed provider’s operations; or the investigation is made under an audit program for associates of licensed providers approved by the Minister; or the person— became a business or executive associate of the licensed provider after the issue of the interactive gambling licence; and has not been investigated previously under an audit program mentioned in paragraph (b) ; or the person— was a business or executive associate of the licensed provider when the interactive gambling licence was issued; and has not been investigated under section 35 (2) .\n- (a) the Minister reasonably suspects the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; or\n- (b) the investigation is made under an audit program for licensed providers approved by the Minister.\n- (a) the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a licensed provider’s operations; or\n- (b) the investigation is made under an audit program for associates of licensed providers approved by the Minister; or\n- (c) the person— (i) became a business or executive associate of the licensed provider after the issue of the interactive gambling licence; and (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or\n- (i) became a business or executive associate of the licensed provider after the issue of the interactive gambling licence; and\n- (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or\n- (d) the person— (i) was a business or executive associate of the licensed provider when the interactive gambling licence was issued; and (ii) has not been investigated under section 35 (2) .\n- (i) was a business or executive associate of the licensed provider when the interactive gambling licence was issued; and\n- (ii) has not been investigated under section 35 (2) .\n- (i) became a business or executive associate of the licensed provider after the issue of the interactive gambling licence; and\n- (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or\n- (i) was a business or executive associate of the licensed provider when the interactive gambling licence was issued; and\n- (ii) has not been investigated under section 35 (2) .","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.57 Requirement to give information or document for investigation\n\nIn investigating a licensed provider, or a business or executive associate of a licensed provider, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.57-ssec.1) In investigating a licensed provider, or a business or executive associate of a licensed provider, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.57-ssec.2) When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.57-ssec.3) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.57-ssec.4) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.57-ssec.5) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":76},{"sectionNumber":"sec.58","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.58 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation about a person under section 35 or 56 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.58-ssec.1) If the chief executive, in making an investigation about a person under section 35 or 56 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.58-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":77},{"sectionNumber":"sec.59","sectionType":"section","heading":"Decisions about interactive gambling licence not to be justiciable","content":"### sec.59 Decisions about interactive gambling licence not to be justiciable\n\nA decision of the Governor in Council or Minister made, or appearing to be made, under this Act about an interactive gambling licence, a person with an interest or potential interest in an interactive gambling licence, the authorisation (or revocation of the authorisation) of an interactive game or the approval (or cancellation of the approval) of an exemption scheme—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe decision to which subsection (1) applies include, but are not limited to—\na decision of the Governor in Council mentioned in schedule 1 , part 1 ; and\na decision of the Minister mentioned in schedule 1 , part 2 .\nIn this section—\ndecision includes—\nconduct engaged in to make a decision; and\nconduct related to making a decision; and\nfailure to make a decision.\n(sec.59-ssec.1) A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about an interactive gambling licence, a person with an interest or potential interest in an interactive gambling licence, the authorisation (or revocation of the authorisation) of an interactive game or the approval (or cancellation of the approval) of an exemption scheme— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.59-ssec.2) The decision to which subsection (1) applies include, but are not limited to— a decision of the Governor in Council mentioned in schedule 1 , part 1 ; and a decision of the Minister mentioned in schedule 1 , part 2 .\n(sec.59-ssec.3) In this section— decision includes— conduct engaged in to make a decision; and conduct related to making a decision; and failure to make a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) a decision of the Governor in Council mentioned in schedule 1 , part 1 ; and\n- (b) a decision of the Minister mentioned in schedule 1 , part 2 .\n- (a) conduct engaged in to make a decision; and\n- (b) conduct related to making a decision; and\n- (c) failure to make a decision.","sortOrder":78},{"sectionNumber":"pt.4","sectionType":"part","heading":"Key persons","content":"# Key persons","sortOrder":79},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Requirement for key persons to be licensed","content":"## Requirement for key persons to be licensed","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Meaning of key person and key relationship","content":"### sec.60 Meaning of key person and key relationship\n\nA key person is a person who—\noccupies or acts in a managerial position, or carries out managerial functions, in relation to operations carried out under an interactive gambling licence or the business of the licensed provider; or\nis in a position to control or exercise significant influence over the operations conducted under an interactive gambling licence; or\noccupies or acts in a position designated in the licensed provider’s control system as a key position; or\noccupies a position with, or carries out functions for, a licensed provider that make the person a key person under criteria prescribed under a regulation; or\nis a business or executive associate of a licensed provider designated by the chief executive, by written notice given to the licensed provider, as a key person.\nSubsection (1) (a) and (b) applies to a position only if the position is designated by the chief executive by written notice given to the licensed provider as a key position.\nSubsection (1) (a) applies to functions only if the functions are designated by the chief executive by written notice given to the licensed provider as key functions.\nA key relationship is a relationship (other than a familial relationship) between a licensed provider and another person as a result of which the other person is a key person.\ns 60 amd 2013 No. 25 s 101\n(sec.60-ssec.1) A key person is a person who— occupies or acts in a managerial position, or carries out managerial functions, in relation to operations carried out under an interactive gambling licence or the business of the licensed provider; or is in a position to control or exercise significant influence over the operations conducted under an interactive gambling licence; or occupies or acts in a position designated in the licensed provider’s control system as a key position; or occupies a position with, or carries out functions for, a licensed provider that make the person a key person under criteria prescribed under a regulation; or is a business or executive associate of a licensed provider designated by the chief executive, by written notice given to the licensed provider, as a key person.\n(sec.60-ssec.2) Subsection (1) (a) and (b) applies to a position only if the position is designated by the chief executive by written notice given to the licensed provider as a key position.\n(sec.60-ssec.3) Subsection (1) (a) applies to functions only if the functions are designated by the chief executive by written notice given to the licensed provider as key functions.\n(sec.60-ssec.4) A key relationship is a relationship (other than a familial relationship) between a licensed provider and another person as a result of which the other person is a key person.\n- (a) occupies or acts in a managerial position, or carries out managerial functions, in relation to operations carried out under an interactive gambling licence or the business of the licensed provider; or\n- (b) is in a position to control or exercise significant influence over the operations conducted under an interactive gambling licence; or\n- (c) occupies or acts in a position designated in the licensed provider’s control system as a key position; or\n- (d) occupies a position with, or carries out functions for, a licensed provider that make the person a key person under criteria prescribed under a regulation; or\n- (e) is a business or executive associate of a licensed provider designated by the chief executive, by written notice given to the licensed provider, as a key person.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Obligation to hold licence","content":"### sec.61 Obligation to hold licence\n\nA person must not accept employment as a key person, or agree to carry out as an employee the duties of a key person, unless the person is a key person licensee.\nMaximum penalty—40 penalty units.\nA licensed provider must not employ a person to carry out the functions of a key person, unless the person is a key person licensee.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.61-ssec.1) A person must not accept employment as a key person, or agree to carry out as an employee the duties of a key person, unless the person is a key person licensee. Maximum penalty—40 penalty units.\n(sec.61-ssec.2) A licensed provider must not employ a person to carry out the functions of a key person, unless the person is a key person licensee. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Requirement that key person apply for licence or end role","content":"### sec.62 Requirement that key person apply for licence or end role\n\nIf the chief executive reasonably believes a person (other than a key person licensee) is a key person, the chief executive may, by written notice given to the person, require the person either to apply for a key person licence or to terminate the relevant key relationship, within 7 days of receiving the notice.\nThe person must comply with the requirement within 7 days of receiving the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nThe chief executive must give a copy of the notice to the relevant licensed provider.\n(sec.62-ssec.1) If the chief executive reasonably believes a person (other than a key person licensee) is a key person, the chief executive may, by written notice given to the person, require the person either to apply for a key person licence or to terminate the relevant key relationship, within 7 days of receiving the notice.\n(sec.62-ssec.2) The person must comply with the requirement within 7 days of receiving the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.62-ssec.3) The chief executive must give a copy of the notice to the relevant licensed provider.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"Requirement that key person end role","content":"### sec.63 Requirement that key person end role\n\nIf the chief executive refuses to approve an application for a key person licence made by a person of whom a requirement has been made under section 62 , the chief executive may, by written notice given to the person, require the person to terminate the relevant key relationship within the time stated in the notice.\nThe person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nA person does not incur any liability as a result of action taken to comply with a notice under this section.\n(sec.63-ssec.1) If the chief executive refuses to approve an application for a key person licence made by a person of whom a requirement has been made under section 62 , the chief executive may, by written notice given to the person, require the person to terminate the relevant key relationship within the time stated in the notice.\n(sec.63-ssec.2) The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.63-ssec.3) A person does not incur any liability as a result of action taken to comply with a notice under this section.","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"Requirement to end key person’s role","content":"### sec.64 Requirement to end key person’s role\n\nThis section applies if a requirement is made of a person under section 62 and—\nthe person fails to comply with the requirement; or\nthe chief executive refuses to approve an application for a key person licence made by the person.\nThis section also applies if a requirement is made of a person under section 63 and the person fails to comply with the requirement.\nThe chief executive may, by written notice given to the licensed provider with whom the key relationship exists, require the licensed provider to take any necessary action to terminate the key relationship within the time stated in the notice.\nThe licensed provider must comply with the requirement.\nThis section applies to a licensed provider despite another Act or law.\nA licensed provider does not incur any liability because of action taken to comply with a notice under this section.\n(sec.64-ssec.1) This section applies if a requirement is made of a person under section 62 and— the person fails to comply with the requirement; or the chief executive refuses to approve an application for a key person licence made by the person.\n(sec.64-ssec.2) This section also applies if a requirement is made of a person under section 63 and the person fails to comply with the requirement.\n(sec.64-ssec.3) The chief executive may, by written notice given to the licensed provider with whom the key relationship exists, require the licensed provider to take any necessary action to terminate the key relationship within the time stated in the notice.\n(sec.64-ssec.4) The licensed provider must comply with the requirement.\n(sec.64-ssec.5) This section applies to a licensed provider despite another Act or law.\n(sec.64-ssec.6) A licensed provider does not incur any liability because of action taken to comply with a notice under this section.\n- (a) the person fails to comply with the requirement; or\n- (b) the chief executive refuses to approve an application for a key person licence made by the person.","sortOrder":85},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Applications for, and issue of, key person licences","content":"## Applications for, and issue of, key person licences","sortOrder":86},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application for key person licence","content":"### sec.65 Application for key person licence\n\nAn application for a key person licence must be made to the chief executive in the approved form.\nAn application must be accompanied by—\nif a key relationship exists or is proposed with a licensed provider—a letter from the licensed provider addressed to the chief executive confirming the existence or proposed existence of the key relationship; and\nany documents prescribed under a regulation; and\nthe application fee prescribed under a regulation.\nThe chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application.\n(sec.65-ssec.1) An application for a key person licence must be made to the chief executive in the approved form.\n(sec.65-ssec.2) An application must be accompanied by— if a key relationship exists or is proposed with a licensed provider—a letter from the licensed provider addressed to the chief executive confirming the existence or proposed existence of the key relationship; and any documents prescribed under a regulation; and the application fee prescribed under a regulation.\n(sec.65-ssec.3) The chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application.\n- (a) if a key relationship exists or is proposed with a licensed provider—a letter from the licensed provider addressed to the chief executive confirming the existence or proposed existence of the key relationship; and\n- (b) any documents prescribed under a regulation; and\n- (c) the application fee prescribed under a regulation.","sortOrder":87},{"sectionNumber":"sec.66","sectionType":"section","heading":"Consideration of application","content":"### sec.66 Consideration of application\n\nThe chief executive must consider an application for a key person licence and either grant or refuse to grant the application.\nDespite subsection (1) , the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.\n(sec.66-ssec.1) The chief executive must consider an application for a key person licence and either grant or refuse to grant the application.\n(sec.66-ssec.2) Despite subsection (1) , the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Conditions for granting application","content":"### sec.67 Conditions for granting application\n\nThe chief executive may grant an application for a key person licence only if—\nthe applicant’s photograph and fingerprints have been taken; and\nthe chief executive is satisfied the applicant is a suitable person to hold a key person licence.\nIn deciding whether the applicant is a suitable person to hold a key person licence, the chief executive may have regard to the following matters—\nthe applicant’s character;\nthe applicant’s current financial position and financial background;\nthe applicant’s general suitability to carry out functions for a licensed provider as a key person.\n(sec.67-ssec.1) The chief executive may grant an application for a key person licence only if— the applicant’s photograph and fingerprints have been taken; and the chief executive is satisfied the applicant is a suitable person to hold a key person licence.\n(sec.67-ssec.2) In deciding whether the applicant is a suitable person to hold a key person licence, the chief executive may have regard to the following matters— the applicant’s character; the applicant’s current financial position and financial background; the applicant’s general suitability to carry out functions for a licensed provider as a key person.\n- (a) the applicant’s photograph and fingerprints have been taken; and\n- (b) the chief executive is satisfied the applicant is a suitable person to hold a key person licence.\n- (a) the applicant’s character;\n- (b) the applicant’s current financial position and financial background;\n- (c) the applicant’s general suitability to carry out functions for a licensed provider as a key person.","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Investigation of suitability of applicant","content":"### sec.68 Investigation of suitability of applicant\n\nThe chief executive may investigate an applicant for a key person licence to help the chief executive decide whether the applicant is a suitable person to hold a key person licence.","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Decision on application","content":"### sec.69 Decision on application\n\nIf the chief executive decides to grant an application for a key person licence, the chief executive must promptly—\nissue a key person licence to the applicant; and\ngive written notice of the grant of the licence to the relevant licensed provider.\nIf the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly—\ngive the applicant an information notice about the decision; and\ngive written notice of the decision to the relevant licensed provider.\ns 69 amd 2002 No. 43 s 83\n(sec.69-ssec.1) If the chief executive decides to grant an application for a key person licence, the chief executive must promptly— issue a key person licence to the applicant; and give written notice of the grant of the licence to the relevant licensed provider.\n(sec.69-ssec.2) If the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly— give the applicant an information notice about the decision; and give written notice of the decision to the relevant licensed provider.\n- (a) issue a key person licence to the applicant; and\n- (b) give written notice of the grant of the licence to the relevant licensed provider.\n- (a) give the applicant an information notice about the decision; and\n- (b) give written notice of the decision to the relevant licensed provider.","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Form of key person licence","content":"### sec.70 Form of key person licence\n\nA key person licence must be in the approved form.\nThe approved form must provide for the inclusion of the following particulars—\nthe key person licensee’s name;\na recent photograph of the licensee;\nthe date of issue of the licence;\nthe conditions of the licence;\nother particulars prescribed under a regulation.\n(sec.70-ssec.1) A key person licence must be in the approved form.\n(sec.70-ssec.2) The approved form must provide for the inclusion of the following particulars— the key person licensee’s name; a recent photograph of the licensee; the date of issue of the licence; the conditions of the licence; other particulars prescribed under a regulation.\n- (a) the key person licensee’s name;\n- (b) a recent photograph of the licensee;\n- (c) the date of issue of the licence;\n- (d) the conditions of the licence;\n- (e) other particulars prescribed under a regulation.","sortOrder":92},{"sectionNumber":"sec.71","sectionType":"section","heading":"Term of key person licence","content":"### sec.71 Term of key person licence\n\nA key person licence remains in force unless it lapses or is cancelled or surrendered.","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Lapsing of key person licence","content":"### sec.72 Lapsing of key person licence\n\nA key person licence lapses if there has been no key relationship between the key person licensee and a licensed provider for a continuous period of 1 year.","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Conditions","content":"### sec.73 Conditions\n\nThe chief executive may issue a key person licence—\non conditions the chief executive considers necessary or desirable for the proper conduct of interactive games; and\non other conditions the chief executive considers necessary or desirable in the public interest.\nIf the chief executive decides to issue a key person licence on conditions, the chief executive must promptly—\ngive the applicant an information notice about the decision; and\ngive a copy of the notice to the relevant licensed provider.\n(sec.73-ssec.1) The chief executive may issue a key person licence— on conditions the chief executive considers necessary or desirable for the proper conduct of interactive games; and on other conditions the chief executive considers necessary or desirable in the public interest.\n(sec.73-ssec.2) If the chief executive decides to issue a key person licence on conditions, the chief executive must promptly— give the applicant an information notice about the decision; and give a copy of the notice to the relevant licensed provider.\n- (a) on conditions the chief executive considers necessary or desirable for the proper conduct of interactive games; and\n- (b) on other conditions the chief executive considers necessary or desirable in the public interest.\n- (a) give the applicant an information notice about the decision; and\n- (b) give a copy of the notice to the relevant licensed provider.","sortOrder":95},{"sectionNumber":"sec.74","sectionType":"section","heading":"Changing conditions of key person licence","content":"### sec.74 Changing conditions of key person licence\n\nThe chief executive may decide to change the conditions of a key person licence if the chief executive considers it necessary or desirable to make the change for the proper conduct of interactive games or otherwise in the public interest.\nIf the chief executive decides to change the conditions of a key person licence, the chief executive must immediately—\ngive the key person licensee—\nwritten notice of the changed conditions; and\nan information notice about the decision; and\nif the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice.\nThe key person licensee must return the licence to the chief executive within 7 days of receiving the information notice, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the licence, the chief executive must—\namend the licence in an appropriate way and return the amended licence to the key person licensee; or\nif the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive.\nThe change of conditions does not depend on the licence being amended to record the change or a replacement licence being issued.\nThe change of conditions takes effect—\non the day the information notice is given to the key person licensee; or\nif a later day of effect is stated in the notice—on the later day.\nThe power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.\ns 74 amd 2004 No. 21 s 63\n(sec.74-ssec.1) The chief executive may decide to change the conditions of a key person licence if the chief executive considers it necessary or desirable to make the change for the proper conduct of interactive games or otherwise in the public interest.\n(sec.74-ssec.2) If the chief executive decides to change the conditions of a key person licence, the chief executive must immediately— give the key person licensee— written notice of the changed conditions; and an information notice about the decision; and if the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice.\n(sec.74-ssec.3) The key person licensee must return the licence to the chief executive within 7 days of receiving the information notice, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.74-ssec.4) On receiving the licence, the chief executive must— amend the licence in an appropriate way and return the amended licence to the key person licensee; or if the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive.\n(sec.74-ssec.5) The change of conditions does not depend on the licence being amended to record the change or a replacement licence being issued.\n(sec.74-ssec.6) The change of conditions takes effect— on the day the information notice is given to the key person licensee; or if a later day of effect is stated in the notice—on the later day.\n(sec.74-ssec.7) The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.\n- (a) give the key person licensee— (i) written notice of the changed conditions; and (ii) an information notice about the decision; and\n- (i) written notice of the changed conditions; and\n- (ii) an information notice about the decision; and\n- (b) if the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice.\n- (i) written notice of the changed conditions; and\n- (ii) an information notice about the decision; and\n- (a) amend the licence in an appropriate way and return the amended licence to the key person licensee; or\n- (b) if the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive.\n- (a) on the day the information notice 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.","sortOrder":96},{"sectionNumber":"sec.75","sectionType":"section","heading":"Replacement of key person licence","content":"### sec.75 Replacement of key person licence\n\nA key person licensee may apply to the chief executive for the replacement of the licensee’s licence if it has been lost, stolen, destroyed or damaged.\nThe chief executive must consider an application and either grant or refuse to grant the application.\nThe chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.\nIf the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\nIf the chief executive decides to refuse to grant an application, the chief executive must promptly—\ngive the key person licensee an information notice about the decision; and\nif the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice.\n(sec.75-ssec.1) A key person licensee may apply to the chief executive for the replacement of the licensee’s licence if it has been lost, stolen, destroyed or damaged.\n(sec.75-ssec.2) The chief executive must consider an application and either grant or refuse to grant the application.\n(sec.75-ssec.3) The chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.\n(sec.75-ssec.4) If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\n(sec.75-ssec.5) If the chief executive decides to refuse to grant an application, the chief executive must promptly— give the key person licensee an information notice about the decision; and if the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice.\n- (a) give the key person licensee an information notice about the decision; and\n- (b) if the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice.","sortOrder":97},{"sectionNumber":"sec.76","sectionType":"section","heading":"Surrender of key person licence","content":"### sec.76 Surrender of key person licence\n\nA key person licensee may surrender the licence by written notice given to the chief executive.\nThe surrender takes effect on—\nthe day the notice is given to the chief executive; or\nif a later day of effect is stated in the notice—the later day.\nIf the chief executive believes there was a key relationship between the key person licensee and a licensed provider at the time of the surrender, the chief executive must promptly give notice of the surrender to the licensed provider.\n(sec.76-ssec.1) A key person licensee may surrender the licence by written notice given to the chief executive.\n(sec.76-ssec.2) The surrender takes effect on— the day the notice is given to the chief executive; or if a later day of effect is stated in the notice—the later day.\n(sec.76-ssec.3) If the chief executive believes there was a key relationship between the key person licensee and a licensed provider at the time of the surrender, the chief executive must promptly give notice of the surrender to the licensed provider.\n- (a) the day the notice is given to the chief executive; or\n- (b) if a later day of effect is stated in the notice—the later day.","sortOrder":98},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Suspension and cancellation of key person licences, and other action by chief executive","content":"## Suspension and cancellation of key person licences, and other action by chief executive","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Grounds","content":"### sec.77 Grounds\n\nEach of the following is a ground for suspending or cancelling a key person licensee’s key person licence—\nthe key person licensee—\nis not a suitable person to hold a key person licence; or\nacts in a way that is inappropriate for the conduct of interactive games; or\ncontravenes a provision of this Act, or a corresponding law of a participating jurisdiction, other than a provision a contravention of which is an offence against this Act or the corresponding law; or\ncontravenes a condition of the licence;\nthe key person licensee has a conviction, other than a spent conviction, for—\nan offence against this Act, a gaming Act or a corresponding law of a participating jurisdiction; or\nan indictable offence;\nthe key person licence was issued because of a materially false or misleading representation or document.\nFor forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 67 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.\nFor subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of interactive games if the licensee does, or omits to do, an act that results in—\nthe conduct of interactive games by a licensed provider not being conducted under the provider’s control system for the conduct of the games; and\nthe integrity of the conduct of interactive games being jeopardised.\ns 77 sub 2004 No. 21 s 64\namd 2013 No. 25 s 102 ; 2023 No. 23 s 247 sch 1 s 23\n(sec.77-ssec.1) Each of the following is a ground for suspending or cancelling a key person licensee’s key person licence— the key person licensee— is not a suitable person to hold a key person licence; or acts in a way that is inappropriate for the conduct of interactive games; or contravenes a provision of this Act, or a corresponding law of a participating jurisdiction, other than a provision a contravention of which is an offence against this Act or the corresponding law; or contravenes a condition of the licence; the key person licensee has a conviction, other than a spent conviction, for— an offence against this Act, a gaming Act or a corresponding law of a participating jurisdiction; or an indictable offence; the key person licence was issued because of a materially false or misleading representation or document.\n(sec.77-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 67 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.\n(sec.77-ssec.3) For subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of interactive games if the licensee does, or omits to do, an act that results in— the conduct of interactive games by a licensed provider not being conducted under the provider’s control system for the conduct of the games; and the integrity of the conduct of interactive games being jeopardised.\n- (a) the key person licensee— (i) is not a suitable person to hold a key person licence; or (ii) acts in a way that is inappropriate for the conduct of interactive games; or (iii) contravenes a provision of this Act, or a corresponding law of a participating jurisdiction, other than a provision a contravention of which is an offence against this Act or the corresponding law; or (iv) contravenes a condition of the licence;\n- (i) is not a suitable person to hold a key person licence; or\n- (ii) acts in a way that is inappropriate for the conduct of interactive games; or\n- (iii) contravenes a provision of this Act, or a corresponding law of a participating jurisdiction, other than a provision a contravention of which is an offence against this Act or the corresponding law; or\n- (iv) contravenes a condition of the licence;\n- (b) the key person licensee has a conviction, other than a spent conviction, for— (i) an offence against this Act, a gaming Act or a corresponding law of a participating jurisdiction; or (ii) an indictable offence;\n- (i) an offence against this Act, a gaming Act or a corresponding law of a participating jurisdiction; or\n- (ii) an indictable offence;\n- (c) the key person licence was issued because of a materially false or misleading representation or document.\n- (i) is not a suitable person to hold a key person licence; or\n- (ii) acts in a way that is inappropriate for the conduct of interactive games; or\n- (iii) contravenes a provision of this Act, or a corresponding law of a participating jurisdiction, other than a provision a contravention of which is an offence against this Act or the corresponding law; or\n- (iv) contravenes a condition of the licence;\n- (i) an offence against this Act, a gaming Act or a corresponding law of a participating jurisdiction; or\n- (ii) an indictable offence;\n- (a) the conduct of interactive games by a licensed provider not being conducted under the provider’s control system for the conduct of the games; and\n- (b) the integrity of the conduct of interactive games being jeopardised.","sortOrder":100},{"sectionNumber":"sec.78","sectionType":"section","heading":"Show cause notice","content":"### sec.78 Show cause notice\n\nIf the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice ).\nThe show cause notice must state the following—\nthe action the chief executive proposes taking under this subdivision (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence—the proposed suspension period;\nthat the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\nThe show cause period must end at least 21 days after the key person licensee is given the show cause notice.\nSubsection (5) applies if the chief executive believes—\nthere is a key relationship between the key person licensee and a licensed provider; and\nthe existence of the grounds for the proposed action is likely to adversely affect the conduct of interactive games by the licensed provider.\nThe chief executive must immediately give a copy of the show cause notice to the licensed provider.\nThe licensed provider may make written representations about the show cause notice to the chief executive in the show cause period.\ns 78 sub 2004 No. 21 s 64\n(sec.78-ssec.1) If the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice ).\n(sec.78-ssec.2) The show cause notice must state the following— the action the chief executive proposes taking under this subdivision (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n(sec.78-ssec.3) The show cause period must end at least 21 days after the key person licensee is given the show cause notice.\n(sec.78-ssec.4) Subsection (5) applies if the chief executive believes— there is a key relationship between the key person licensee and a licensed provider; and the existence of the grounds for the proposed action is likely to adversely affect the conduct of interactive games by the licensed provider.\n(sec.78-ssec.5) The chief executive must immediately give a copy of the show cause notice to the licensed provider.\n(sec.78-ssec.6) The licensed provider may make written representations about the show cause notice to the chief executive in the show cause period.\n- (a) the action the chief executive proposes taking under this subdivision (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence—the proposed suspension period;\n- (e) that the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n- (a) there is a key relationship between the key person licensee and a licensed provider; and\n- (b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of interactive games by the licensed provider.","sortOrder":101},{"sectionNumber":"sec.79","sectionType":"section","heading":"Consideration of representations","content":"### sec.79 Consideration of representations\n\nThe chief executive must consider all written representations (the accepted representations ) made under section 78 (2) (e) or (6) .\ns 79 sub 2004 No. 21 s 64","sortOrder":102},{"sectionNumber":"sec.80","sectionType":"section","heading":"Immediate suspension","content":"### sec.80 Immediate suspension\n\nThe chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes—\na ground exists to suspend or cancel the licence; and\nit is necessary to suspend the licence immediately—\nin the public interest; or\nto ensure the integrity of the conduct of interactive games is not jeopardised.\nThe suspension—\ncan be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and\noperates immediately the information notice is given to the licensee; and\ncontinues to operate until the show cause notice is finally dealt with.\nIf the chief executive believes there is a key relationship between the key person licensee and a licensed provider, the chief executive must immediately give written notice of the suspension to the licensed provider.\ns 80 sub 2004 No. 21 s 64\n(sec.80-ssec.1) The chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes— a ground exists to suspend or cancel the licence; and it is necessary to suspend the licence immediately— in the public interest; or to ensure the integrity of the conduct of interactive games is not jeopardised.\n(sec.80-ssec.2) The suspension— can be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and operates immediately the information notice is given to the licensee; and continues to operate until the show cause notice is finally dealt with.\n(sec.80-ssec.3) If the chief executive believes there is a key relationship between the key person licensee and a licensed provider, the chief executive must immediately give written notice of the suspension to the licensed provider.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) it is necessary to suspend the licence immediately— (i) in the public interest; or (ii) to ensure the integrity of the conduct of interactive games is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of interactive games is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of interactive games is not jeopardised.\n- (a) can be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and\n- (b) operates immediately the information notice is given to the licensee; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":103},{"sectionNumber":"sec.81","sectionType":"section","heading":"Suspension and cancellation of licence after show cause process","content":"### sec.81 Suspension and cancellation of licence after show cause process\n\nThis section applies if—\nthere are no accepted representations for a show cause notice; or\nafter considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a key person licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThis section also applies if a key person licensee contravenes a direction given to the licensee under section 83A .\nThe chief executive may—\nif the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or\nif the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\nIf the chief executive decides to take action under subsection (3) , the chief executive must immediately—\ngive an information notice about the decision to the key person licensee; and\nif the chief executive believes there is a key relationship between the licensee and a licensed provider—give written notice of the suspension or cancellation to the licensed provider.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the key person licensee;\nthe day of effect stated in the information notice.\nIf the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect.\nMaximum penalty for subsection (6) —40 penalty units.\ns 81 sub 2004 No. 21 s 64\n(sec.81-ssec.1) This section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes suspension or cancellation of the licence is warranted.\n(sec.81-ssec.2) This section also applies if a key person licensee contravenes a direction given to the licensee under section 83A .\n(sec.81-ssec.3) The chief executive may— if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n(sec.81-ssec.4) If the chief executive decides to take action under subsection (3) , the chief executive must immediately— give an information notice about the decision to the key person licensee; and if the chief executive believes there is a key relationship between the licensee and a licensed provider—give written notice of the suspension or cancellation to the licensed provider.\n(sec.81-ssec.5) The decision takes effect on the later of the following— the day the information notice is given to the key person licensee; the day of effect stated in the information notice.\n(sec.81-ssec.6) If the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect. Maximum penalty for subsection (6) —40 penalty units.\n- (a) there are no accepted representations for a show cause notice; or\n- (b) after considering the accepted representations for a show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel a key person licence; and (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel a key person licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel a key person licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (a) if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n- (a) give an information notice about the decision to the key person licensee; and\n- (b) if the chief executive believes there is a key relationship between the licensee and a licensed provider—give written notice of the suspension or cancellation to the licensed provider.\n- (a) the day the information notice is given to the key person licensee;\n- (b) the day of effect stated in the information notice.","sortOrder":104},{"sectionNumber":"sec.82","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.82 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.\nThe chief executive—\nmust not take any further action about the show cause notice; and\nmust give each of the following a written notice stating that no further action is to be taken—\nthe key person licensee;\na licensed provider to whom a copy of the show cause notice was given under section 78 (5) .\ns 82 amd 2002 No. 43 s 84\nsub 2004 No. 21 s 64\n(sec.82-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.\n(sec.82-ssec.2) The chief executive— must not take any further action about the show cause notice; and must give each of the following a written notice stating that no further action is to be taken— the key person licensee; a licensed provider to whom a copy of the show cause notice was given under section 78 (5) .\n- (a) must not take any further action about the show cause notice; and\n- (b) must give each of the following a written notice stating that no further action is to be taken— (i) the key person licensee; (ii) a licensed provider to whom a copy of the show cause notice was given under section 78 (5) .\n- (i) the key person licensee;\n- (ii) a licensed provider to whom a copy of the show cause notice was given under section 78 (5) .\n- (i) the key person licensee;\n- (ii) a licensed provider to whom a copy of the show cause notice was given under section 78 (5) .","sortOrder":105},{"sectionNumber":"sec.83","sectionType":"section","heading":"Censuring key person licensee","content":"### sec.83 Censuring key person licensee\n\nThe chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive—\nbelieves a ground exists to suspend or cancel the licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or\nafter considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.\nThe censure can be effected only by the chief executive giving the key person licensee an information notice about the decision to censure the licensee.\nIf the chief executive believes there is a key relationship between the key person licensee and a licensed provider, the chief executive must immediately give written notice of the censure to the licensed provider.\ns 83 sub 2004 No. 21 s 64\n(sec.83-ssec.1) The chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive— believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.\n(sec.83-ssec.2) The censure can be effected only by the chief executive giving the key person licensee an information notice about the decision to censure the licensee.\n(sec.83-ssec.3) If the chief executive believes there is a key relationship between the key person licensee and a licensed provider, the chief executive must immediately give written notice of the censure to the licensed provider.\n- (a) believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or\n- (b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.","sortOrder":106},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Direction to rectify matter after show cause process","content":"### sec.83A Direction to rectify matter after show cause process\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a key person licence; and\nbelieves a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.\nThe chief executive may direct the key person licensee to rectify the matter.\nIf the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice about the decision.\nThe information notice must state the period for rectifying the matter.\nThe period must be reasonable, having regard to the nature of the matter to be rectified.\nIf the chief executive gave a copy of the show cause notice to a licensed provider under section 78 (5) , the chief executive must give written notice of the direction to the licensed provider immediately after giving the information notice to the key person licensee.\ns 83A ins 2004 No. 21 s 64\n(sec.83A-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.\n(sec.83A-ssec.2) The chief executive may direct the key person licensee to rectify the matter.\n(sec.83A-ssec.3) If the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice about the decision.\n(sec.83A-ssec.4) The information notice must state the period for rectifying the matter.\n(sec.83A-ssec.5) The period must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.83A-ssec.6) If the chief executive gave a copy of the show cause notice to a licensed provider under section 78 (5) , the chief executive must give written notice of the direction to the licensed provider immediately after giving the information notice to the key person licensee.\n- (a) still believes a ground exists to suspend or cancel a key person licence; and\n- (b) believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.","sortOrder":107},{"sectionNumber":"sec.83B","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.83B Cancellation or reduction of period of suspension\n\nIf the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—\ncancel the period; or\nreduce the period by a stated period.\nThe chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.\nThe chief executive must immediately give written notice of the decision to—\nthe key person licensee; and\nif the chief executive believed there was a key relationship between the licensee and a licensed provider when the licence was suspended—the licensed provider.\nSubsection (1) does not apply to an immediate suspension.\ns 83B ins 2004 No. 21 s 64\n(sec.83B-ssec.1) If the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force— cancel the period; or reduce the period by a stated period.\n(sec.83B-ssec.2) The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.\n(sec.83B-ssec.3) The chief executive must immediately give written notice of the decision to— the key person licensee; and if the chief executive believed there was a key relationship between the licensee and a licensed provider when the licence was suspended—the licensed provider.\n(sec.83B-ssec.4) Subsection (1) does not apply to an immediate suspension.\n- (a) cancel the period; or\n- (b) reduce the period by a stated period.\n- (a) the key person licensee; and\n- (b) if the chief executive believed there was a key relationship between the licensee and a licensed provider when the licence was suspended—the licensed provider.","sortOrder":108},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Investigation of key person licensees","content":"## Investigation of key person licensees","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":"Audit program","content":"### sec.84 Audit program\n\nThe chief executive may approve an audit program for investigating key person licensees.\nThe chief executive is responsible for ensuring that investigations of key person licensees are conducted under an approved audit program in accordance with the program.\nA person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.\n(sec.84-ssec.1) The chief executive may approve an audit program for investigating key person licensees.\n(sec.84-ssec.2) The chief executive is responsible for ensuring that investigations of key person licensees are conducted under an approved audit program in accordance with the program.\n(sec.84-ssec.3) A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.","sortOrder":110},{"sectionNumber":"sec.85","sectionType":"section","heading":"Investigations into suitability of key person licensees","content":"### sec.85 Investigations into suitability of key person licensees\n\nThe chief executive may investigate a key person licensee to find out whether the licensee is a suitable person to hold, or to continue to hold, a key person licence.\nHowever, the chief executive may investigate a key person licensee under this section only if—\nthe chief executive reasonably suspects the licensee is not, or is no longer, a suitable person to hold a key person licence; or\nthe investigation is made under an audit program for key person licensees approved by the chief executive.\n(sec.85-ssec.1) The chief executive may investigate a key person licensee to find out whether the licensee is a suitable person to hold, or to continue to hold, a key person licence.\n(sec.85-ssec.2) However, the chief executive may investigate a key person licensee under this section only if— the chief executive reasonably suspects the licensee is not, or is no longer, a suitable person to hold a key person licence; or the investigation is made under an audit program for key person licensees approved by the chief executive.\n- (a) the chief executive reasonably suspects the licensee is not, or is no longer, a suitable person to hold a key person licence; or\n- (b) the investigation is made under an audit program for key person licensees approved by the chief executive.","sortOrder":111},{"sectionNumber":"sec.86","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.86 Requirement to give information or document for investigation\n\nIn investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the key person licensee that it is an offence to fail to comply with the requirement, unless the licensee has a reasonable excuse.\nThe key person licensee must comply with the requirement, unless the licensee has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse if complying with the requirement might tend to incriminate the key person licensee.\nThe key person licensee does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.86-ssec.1) In investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.86-ssec.2) When making the requirement, the chief executive must warn the key person licensee that it is an offence to fail to comply with the requirement, unless the licensee has a reasonable excuse.\n(sec.86-ssec.3) The key person licensee must comply with the requirement, unless the licensee has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.86-ssec.4) It is a reasonable excuse if complying with the requirement might tend to incriminate the key person licensee.\n(sec.86-ssec.5) The key person licensee does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":"Reports about criminal history","content":"### sec.87 Reports about criminal history\n\nIf the chief executive, in making an investigation under section 68 or 85 into the suitability of a person to hold, or to continue to hold, a key person licence, asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.87-ssec.1) If the chief executive, in making an investigation under section 68 or 85 into the suitability of a person to hold, or to continue to hold, a key person licence, asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.87-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":113},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Requirements about employment","content":"## Requirements about employment","sortOrder":114},{"sectionNumber":"sec.88","sectionType":"section","heading":"Notice of start of employee’s employment","content":"### sec.88 Notice of start of employee’s employment\n\nWithin 7 days after a key person licensee starts employment with a licensed provider, the licensed provider must notify the chief executive of the start of the employment by notice in the approved form.\nMaximum penalty—40 penalty units.","sortOrder":115},{"sectionNumber":"sec.89","sectionType":"section","heading":"Returns about employees","content":"### sec.89 Returns about employees\n\nThe chief executive may, by written notice given to a licensed provider, require the licensed provider to give a return under this section.\nThe notice must state the time (not less than 14 days after the notice is given) for giving the return.\nA notice must not be given under this section within 1 month after the giving of a previous notice.\nIf a licensed provider is given a notice under subsection (1) , the licensed provider must give a return as required by this section listing the employees currently employed by the licensed provider (including both those who are key person licensees and those who are not) and the nature of the duties in which each of them is engaged.\nMaximum penalty—40 penalty units.\nThe return must—\nbe in the approved form; and\nbe given to the chief executive within the time stated in the notice.\n(sec.89-ssec.1) The chief executive may, by written notice given to a licensed provider, require the licensed provider to give a return under this section.\n(sec.89-ssec.2) The notice must state the time (not less than 14 days after the notice is given) for giving the return.\n(sec.89-ssec.3) A notice must not be given under this section within 1 month after the giving of a previous notice.\n(sec.89-ssec.4) If a licensed provider is given a notice under subsection (1) , the licensed provider must give a return as required by this section listing the employees currently employed by the licensed provider (including both those who are key person licensees and those who are not) and the nature of the duties in which each of them is engaged. Maximum penalty—40 penalty units.\n(sec.89-ssec.5) The return must— be in the approved form; and be given to the chief executive within the time stated in the notice.\n- (a) be in the approved form; and\n- (b) be given to the chief executive within the time stated in the notice.","sortOrder":116},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Requirements about key relationships","content":"## Requirements about key relationships","sortOrder":117},{"sectionNumber":"sec.90","sectionType":"section","heading":"Notice of end of key relationship","content":"### sec.90 Notice of end of key relationship\n\nWithin 7 days after a key relationship between a licensed provider and another person terminates or is terminated, the licensed provider must notify the chief executive of the end of the relationship by notice in the approved form.\nMaximum penalty—40 penalty units.","sortOrder":118},{"sectionNumber":"sec.91","sectionType":"section","heading":"Requirement to end key relationship","content":"### sec.91 Requirement to end key relationship\n\nThis section applies if—\na key relationship exists between a licensed provider and a key person licensee; and\nthe key person licence is cancelled or suspended, or the key person licensee ceases to hold a key person licence for some other reason.\nThe chief executive may, by written notice given to the licensed provider, require the licensed provider to terminate the key relationship within the time stated in the notice.\nThe licensed provider must comply with the requirement.\nThis section applies to a licensed provider despite another Act or law or any industrial award or agreement.\nA licensed provider does not incur any liability by complying with a requirement of the chief executive under this section.\n(sec.91-ssec.1) This section applies if— a key relationship exists between a licensed provider and a key person licensee; and the key person licence is cancelled or suspended, or the key person licensee ceases to hold a key person licence for some other reason.\n(sec.91-ssec.2) The chief executive may, by written notice given to the licensed provider, require the licensed provider to terminate the key relationship within the time stated in the notice.\n(sec.91-ssec.3) The licensed provider must comply with the requirement.\n(sec.91-ssec.4) This section applies to a licensed provider despite another Act or law or any industrial award or agreement.\n(sec.91-ssec.5) A licensed provider does not incur any liability by complying with a requirement of the chief executive under this section.\n- (a) a key relationship exists between a licensed provider and a key person licensee; and\n- (b) the key person licence is cancelled or suspended, or the key person licensee ceases to hold a key person licence for some other reason.","sortOrder":119},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"General","content":"## General","sortOrder":120},{"sectionNumber":"sec.92","sectionType":"section","heading":"False statements by applicants","content":"### sec.92 False statements by applicants\n\nA person must not, for an application made under this part, state anything the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":"Destruction of fingerprints","content":"### sec.93 Destruction of fingerprints\n\nThis section applies if—\nan application for a key person licence is refused; or\na key person licence is surrendered; or\na key person licence lapses; or\na key person licence is cancelled.\nThe chief executive must have any fingerprints of the applicant or the former key person licensee taken for the application for the key person licence destroyed as soon as practicable.\nHowever, if an application for a key person licence is refused, or a key person licence is cancelled, the fingerprints are not to be destroyed until the end of the time allowed for starting an appeal or, if there is an appeal, until the appeal is decided.\n(sec.93-ssec.1) This section applies if— an application for a key person licence is refused; or a key person licence is surrendered; or a key person licence lapses; or a key person licence is cancelled.\n(sec.93-ssec.2) The chief executive must have any fingerprints of the applicant or the former key person licensee taken for the application for the key person licence destroyed as soon as practicable.\n(sec.93-ssec.3) However, if an application for a key person licence is refused, or a key person licence is cancelled, the fingerprints are not to be destroyed until the end of the time allowed for starting an appeal or, if there is an appeal, until the appeal is decided.\n- (a) an application for a key person licence is refused; or\n- (b) a key person licence is surrendered; or\n- (c) a key person licence lapses; or\n- (d) a key person licence is cancelled.","sortOrder":122},{"sectionNumber":"pt.5","sectionType":"part","heading":"Agents","content":"# Agents","sortOrder":123},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Agency agreements","content":"## Agency agreements","sortOrder":124},{"sectionNumber":"sec.94","sectionType":"section","heading":"Meaning of agent","content":"### sec.94 Meaning of agent\n\nA person is an agent if the person carries out any of the following functions, in or outside Queensland, for a licensed provider—\nregistering a player;\nestablishing a player’s account;\naccepting deposits for, or authorising withdrawals from, a player’s account;\nother functions classified as agency functions under a regulation.\nA particular kind of promotional activity related to interactive games might be classified under a regulation as an agency function.\nA person is also an agent if the person carries out in Queensland any of the functions mentioned in subsection (1) for an external provider.\n(sec.94-ssec.1) A person is an agent if the person carries out any of the following functions, in or outside Queensland, for a licensed provider— registering a player; establishing a player’s account; accepting deposits for, or authorising withdrawals from, a player’s account; other functions classified as agency functions under a regulation. A particular kind of promotional activity related to interactive games might be classified under a regulation as an agency function.\n(sec.94-ssec.2) A person is also an agent if the person carries out in Queensland any of the functions mentioned in subsection (1) for an external provider.\n- (a) registering a player;\n- (b) establishing a player’s account;\n- (c) accepting deposits for, or authorising withdrawals from, a player’s account;\n- (d) other functions classified as agency functions under a regulation.","sortOrder":125},{"sectionNumber":"sec.95","sectionType":"section","heading":"Meaning of agency agreement","content":"### sec.95 Meaning of agency agreement\n\nAn agency agreement is an agreement between a licensed provider and another person—\nappointing the other person as an agent; and\ndealing with the agent’s authority; and\nstating the conditions under which the agent acts as, and remains, an agent of the licensed provider; and\nstating other matters agreed between the agent and the licensed provider.\n- (a) appointing the other person as an agent; and\n- (b) dealing with the agent’s authority; and\n- (c) stating the conditions under which the agent acts as, and remains, an agent of the licensed provider; and\n- (d) stating other matters agreed between the agent and the licensed provider.","sortOrder":126},{"sectionNumber":"sec.96","sectionType":"section","heading":"Conditions for entering into agency agreement","content":"### sec.96 Conditions for entering into agency agreement\n\nA licensed provider may only appoint a person as an agent for the licensed provider if—\nthe person is—\nin the case of an individual—at least 18 years of age; and\neligible to be an agent under criteria prescribed under a regulation; and\nthe appointment is made under an agency agreement—\nin a form approved by the chief executive; and\nstating the agent’s place of operation; and\nincluding any other provisions required by the chief executive.\nThe chief executive must not require the inclusion of a provision in an agency agreement unless the chief executive believes on reasonable grounds that the inclusion of the provision is reasonably necessary to ensure—\nthat the integrity of the conduct of interactive games is not jeopardised in a material way; or\nthe public interest is not affected in an adverse and material way.\nA licensed provider must not appoint, or purport to appoint, a person as an agent otherwise than as permitted by this section.\nMaximum penalty for subsection (3) —200 penalty units or 2 years imprisonment.\n(sec.96-ssec.1) A licensed provider may only appoint a person as an agent for the licensed provider if— the person is— in the case of an individual—at least 18 years of age; and eligible to be an agent under criteria prescribed under a regulation; and the appointment is made under an agency agreement— in a form approved by the chief executive; and stating the agent’s place of operation; and including any other provisions required by the chief executive.\n(sec.96-ssec.2) The chief executive must not require the inclusion of a provision in an agency agreement unless the chief executive believes on reasonable grounds that the inclusion of the provision is reasonably necessary to ensure— that the integrity of the conduct of interactive games is not jeopardised in a material way; or the public interest is not affected in an adverse and material way.\n(sec.96-ssec.3) A licensed provider must not appoint, or purport to appoint, a person as an agent otherwise than as permitted by this section. Maximum penalty for subsection (3) —200 penalty units or 2 years imprisonment.\n- (a) the person is— (i) in the case of an individual—at least 18 years of age; and (ii) eligible to be an agent under criteria prescribed under a regulation; and\n- (i) in the case of an individual—at least 18 years of age; and\n- (ii) eligible to be an agent under criteria prescribed under a regulation; and\n- (b) the appointment is made under an agency agreement— (i) in a form approved by the chief executive; and (ii) stating the agent’s place of operation; and (iii) including any other provisions required by the chief executive.\n- (i) in a form approved by the chief executive; and\n- (ii) stating the agent’s place of operation; and\n- (iii) including any other provisions required by the chief executive.\n- (i) in the case of an individual—at least 18 years of age; and\n- (ii) eligible to be an agent under criteria prescribed under a regulation; and\n- (i) in a form approved by the chief executive; and\n- (ii) stating the agent’s place of operation; and\n- (iii) including any other provisions required by the chief executive.\n- (a) that the integrity of the conduct of interactive games is not jeopardised in a material way; or\n- (b) the public interest is not affected in an adverse and material way.","sortOrder":127},{"sectionNumber":"sec.97","sectionType":"section","heading":"Notice of agency agreement","content":"### sec.97 Notice of agency agreement\n\nWithin 7 days after entering into an agency agreement, the licensed provider must give the chief executive a copy of the agreement.","sortOrder":128},{"sectionNumber":"sec.98","sectionType":"section","heading":"Amendment of agency agreement","content":"### sec.98 Amendment of agency agreement\n\nAn agency agreement may only be amended with the written approval of the chief executive.\nThe chief executive may withhold approval of a proposed amendment only if it is necessary to do so in the public interest or to protect proper standards of integrity in the conduct of interactive games.\n(sec.98-ssec.1) An agency agreement may only be amended with the written approval of the chief executive.\n(sec.98-ssec.2) The chief executive may withhold approval of a proposed amendment only if it is necessary to do so in the public interest or to protect proper standards of integrity in the conduct of interactive games.","sortOrder":129},{"sectionNumber":"sec.99","sectionType":"section","heading":"Returns about agents","content":"### sec.99 Returns about agents\n\nA licensed provider must give a return as required by this section listing the provider’s current agents.\nMaximum penalty—40 penalty units.\nThe return must be in the approved form, and given to the chief executive at least once every 6 months.\n(sec.99-ssec.1) A licensed provider must give a return as required by this section listing the provider’s current agents. Maximum penalty—40 penalty units.\n(sec.99-ssec.2) The return must be in the approved form, and given to the chief executive at least once every 6 months.","sortOrder":130},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Terminating agency agreements","content":"## Terminating agency agreements","sortOrder":131},{"sectionNumber":"sec.100","sectionType":"section","heading":"Grounds for termination","content":"### sec.100 Grounds for termination\n\nEach of the following is a ground for directing the termination of an agency agreement—\nthe agent is not, or is no longer, a suitable person to be an agent;\na business or executive associate of the agent is not, or is no longer, a suitable person to be associated with an agent’s operations;\nthe agent has been convicted of an offence against this Act, a gaming Act or a corresponding law;\nthe agent has been convicted of an indictable offence;\nthe agent has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence).\nAlso, it is a ground for directing the termination of an agency agreement if the agent is not, or is no longer, eligible to be an agent for a licensed provider.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the following issues—\nthe agent’s character or business reputation;\nthe agent’s current financial position and financial background;\nthe agent’s general suitability to act as an agent for a licensed provider.\nFor forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the business or executive associate’s character or business reputation, and current financial position and financial background.\n(sec.100-ssec.1) Each of the following is a ground for directing the termination of an agency agreement— the agent is not, or is no longer, a suitable person to be an agent; a business or executive associate of the agent is not, or is no longer, a suitable person to be associated with an agent’s operations; the agent has been convicted of an offence against this Act, a gaming Act or a corresponding law; the agent has been convicted of an indictable offence; the agent has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence).\n(sec.100-ssec.2) Also, it is a ground for directing the termination of an agency agreement if the agent is not, or is no longer, eligible to be an agent for a licensed provider.\n(sec.100-ssec.3) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the following issues— the agent’s character or business reputation; the agent’s current financial position and financial background; the agent’s general suitability to act as an agent for a licensed provider.\n(sec.100-ssec.4) For forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the business or executive associate’s character or business reputation, and current financial position and financial background.\n- (a) the agent is not, or is no longer, a suitable person to be an agent;\n- (b) a business or executive associate of the agent is not, or is no longer, a suitable person to be associated with an agent’s operations;\n- (c) the agent has been convicted of an offence against this Act, a gaming Act or a corresponding law;\n- (d) the agent has been convicted of an indictable offence;\n- (e) the agent has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence).\n- (a) the agent’s character or business reputation;\n- (b) the agent’s current financial position and financial background;\n- (c) the agent’s general suitability to act as an agent for a licensed provider.","sortOrder":132},{"sectionNumber":"sec.101","sectionType":"section","heading":"Show cause notice","content":"### sec.101 Show cause notice\n\nThis section applies if the chief executive believes—\na ground exists for directing the termination of an agency agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of interactive games by the licensed provider may be jeopardised; or\nthe public interest may be affected adversely.\nThe chief executive must give the agent a written notice (a show cause notice ) that—\nstates that the chief executive proposes to take action (the proposed action ) to direct the licensed provider to terminate the agency agreement; and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\ninvites the agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending not less than 21 days after the show cause notice is given to the agent.\nThe chief executive must promptly give a copy of the show cause notice to the licensed provider.\nA licensed provider to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period.\nThe chief executive must consider all written representations (the accepted representations ) made during the show cause period by—\nthe agent; or\na licensed provider to whom a copy of the show cause notice is given.\n(sec.101-ssec.1) This section applies if the chief executive believes— a ground exists for directing the termination of an agency agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or the public interest may be affected adversely.\n(sec.101-ssec.2) The chief executive must give the agent a written notice (a show cause notice ) that— states that the chief executive proposes to take action (the proposed action ) to direct the licensed provider to terminate the agency agreement; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and invites the agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.101-ssec.3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the agent.\n(sec.101-ssec.4) The chief executive must promptly give a copy of the show cause notice to the licensed provider.\n(sec.101-ssec.5) A licensed provider to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period.\n(sec.101-ssec.6) The chief executive must consider all written representations (the accepted representations ) made during the show cause period by— the agent; or a licensed provider to whom a copy of the show cause notice is given.\n- (a) a ground exists for directing the termination of an agency agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (a) states that the chief executive proposes to take action (the proposed action ) to direct the licensed provider to terminate the agency agreement; and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the grounds; and\n- (d) invites the agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n- (a) the agent; or\n- (b) a licensed provider to whom a copy of the show cause notice is given.","sortOrder":133},{"sectionNumber":"sec.102","sectionType":"section","heading":"Suspending agent’s operations","content":"### sec.102 Suspending agent’s operations\n\nThis section applies if the chief executive believes—\na ground exists to direct the termination of an agency agreement; and\nit is necessary to suspend the agent’s operations—\nin the public interest; or\nto ensure the integrity of the conduct of interactive games by the licensed provider is not jeopardised.\nThe chief executive may suspend the agent’s operations.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the agent with a show cause notice; and\noperates immediately the suspension notice is given; and\ncontinues to operate until the show cause notice is finally dealt with.\nThe suspension notice must state the reason for the decision to suspend the agent’s operations.\nThe chief executive must promptly give a copy of the suspension notice to the licensed provider.\nAn agent must not carry on operations while the agent’s operations are suspended.\nMaximum penalty for subsection (6) —200 penalty units or 2 years imprisonment.\n(sec.102-ssec.1) This section applies if the chief executive believes— a ground exists to direct the termination of an agency agreement; and it is necessary to suspend the agent’s operations— in the public interest; or to ensure the integrity of the conduct of interactive games by the licensed provider is not jeopardised.\n(sec.102-ssec.2) The chief executive may suspend the agent’s operations.\n(sec.102-ssec.3) The suspension— must be effected by written notice (a suspension notice ) given to the agent with a show cause notice; and operates immediately the suspension notice is given; and continues to operate until the show cause notice is finally dealt with.\n(sec.102-ssec.4) The suspension notice must state the reason for the decision to suspend the agent’s operations.\n(sec.102-ssec.5) The chief executive must promptly give a copy of the suspension notice to the licensed provider.\n(sec.102-ssec.6) An agent must not carry on operations while the agent’s operations are suspended. Maximum penalty for subsection (6) —200 penalty units or 2 years imprisonment.\n- (a) a ground exists to direct the termination of an agency agreement; and\n- (b) it is necessary to suspend the agent’s operations— (i) in the public interest; or (ii) to ensure the integrity of the conduct of interactive games by the licensed provider is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of interactive games by the licensed provider is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of interactive games by the licensed provider is not jeopardised.\n- (a) must be effected by written notice (a suspension notice ) given to the agent with a show cause notice; and\n- (b) operates immediately the suspension notice is given; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":134},{"sectionNumber":"sec.103","sectionType":"section","heading":"Censuring agent","content":"### sec.103 Censuring agent\n\nThis section applies if the chief executive—\nbelieves a ground exists to direct the termination of an agency agreement; but\ndoes not believe the giving of a show cause notice to the agent is warranted.\nThis section also applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to direct the termination of the agency agreement; but\ndoes not believe termination of the agreement is warranted.\nThe chief executive may, by written notice given to the agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.\nThe notice must state the reason for the decision to censure the agent.\nThe chief executive must promptly give a copy of the notice to the licensed provider.\n(sec.103-ssec.1) This section applies if the chief executive— believes a ground exists to direct the termination of an agency agreement; but does not believe the giving of a show cause notice to the agent is warranted.\n(sec.103-ssec.2) This section also applies if, after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to direct the termination of the agency agreement; but does not believe termination of the agreement is warranted.\n(sec.103-ssec.3) The chief executive may, by written notice given to the agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.\n(sec.103-ssec.4) The notice must state the reason for the decision to censure the agent.\n(sec.103-ssec.5) The chief executive must promptly give a copy of the notice to the licensed provider.\n- (a) believes a ground exists to direct the termination of an agency agreement; but\n- (b) does not believe the giving of a show cause notice to the agent is warranted.\n- (a) still believes a ground exists to direct the termination of the agency agreement; but\n- (b) does not believe termination of the agreement is warranted.","sortOrder":135},{"sectionNumber":"sec.104","sectionType":"section","heading":"Direction to rectify","content":"### sec.104 Direction to rectify\n\nThis section applies if—\nthe chief executive believes—\na ground exists to direct the termination of the agency agreement; but\nit is appropriate to give the agent an opportunity to rectify the matter without giving a show cause notice; and\nthe agent and the licensed provider by which the agent was appointed have been given written notice that the chief executive proposes to give a direction under this section and a reasonable opportunity to make representations about the proposed direction.\nThis section also applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to direct the termination of the agency agreement; but\nbelieves it is appropriate to give the agent an opportunity to rectify the matter.\nThe chief executive may, by written notice given to the agent, direct the agent to rectify the matter within the period stated in the notice.\nThe notice must state the reasons for the decision to give the direction.\nThe period stated in the notice must be reasonable having regard to the nature of the matter to be rectified.\nThe chief executive must promptly give a copy of the notice to the licensed provider by which the agent was appointed.\nAn agent must comply with a direction under this section.\nMaximum penalty for subsection (7) —20 penalty units.\n(sec.104-ssec.1) This section applies if— the chief executive believes— a ground exists to direct the termination of the agency agreement; but it is appropriate to give the agent an opportunity to rectify the matter without giving a show cause notice; and the agent and the licensed provider by which the agent was appointed have been given written notice that the chief executive proposes to give a direction under this section and a reasonable opportunity to make representations about the proposed direction.\n(sec.104-ssec.2) This section also applies if, after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to direct the termination of the agency agreement; but believes it is appropriate to give the agent an opportunity to rectify the matter.\n(sec.104-ssec.3) The chief executive may, by written notice given to the agent, direct the agent to rectify the matter within the period stated in the notice.\n(sec.104-ssec.4) The notice must state the reasons for the decision to give the direction.\n(sec.104-ssec.5) The period stated in the notice must be reasonable having regard to the nature of the matter to be rectified.\n(sec.104-ssec.6) The chief executive must promptly give a copy of the notice to the licensed provider by which the agent was appointed.\n(sec.104-ssec.7) An agent must comply with a direction under this section. Maximum penalty for subsection (7) —20 penalty units.\n- (a) the chief executive believes— (i) a ground exists to direct the termination of the agency agreement; but (ii) it is appropriate to give the agent an opportunity to rectify the matter without giving a show cause notice; and\n- (i) a ground exists to direct the termination of the agency agreement; but\n- (ii) it is appropriate to give the agent an opportunity to rectify the matter without giving a show cause notice; and\n- (b) the agent and the licensed provider by which the agent was appointed have been given written notice that the chief executive proposes to give a direction under this section and a reasonable opportunity to make representations about the proposed direction.\n- (i) a ground exists to direct the termination of the agency agreement; but\n- (ii) it is appropriate to give the agent an opportunity to rectify the matter without giving a show cause notice; and\n- (a) still believes a ground exists to direct the termination of the agency agreement; but\n- (b) believes it is appropriate to give the agent an opportunity to rectify the matter.","sortOrder":136},{"sectionNumber":"sec.105","sectionType":"section","heading":"Directions to terminate affecting agents","content":"### sec.105 Directions to terminate affecting agents\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes—\na ground exists to direct the termination of the agency agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of interactive games by the licensed provider may be jeopardised; or\nthe public interest may be affected adversely.\nThis section also applies if, after considering the accepted representations for a show cause notice, the chief executive directs the agent to rectify a matter and the agent fails to comply with the direction within the time allowed for compliance.\nThe chief executive may, by written notice given to the licensed provider, direct the licensed provider to terminate the agreement within the time stated in the notice.\nIf the chief executive decides to give a direction under this section, the chief executive must promptly give written notice of the decision to the agent affected by the decision.\nA notice under subsection (3) or (4) must comply with the QCAT Act , section 157 (2) .\ns 105 amd 2009 No. 24 s 586\n(sec.105-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes— a ground exists to direct the termination of the agency agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or the public interest may be affected adversely.\n(sec.105-ssec.2) This section also applies if, after considering the accepted representations for a show cause notice, the chief executive directs the agent to rectify a matter and the agent fails to comply with the direction within the time allowed for compliance.\n(sec.105-ssec.3) The chief executive may, by written notice given to the licensed provider, direct the licensed provider to terminate the agreement within the time stated in the notice.\n(sec.105-ssec.4) If the chief executive decides to give a direction under this section, the chief executive must promptly give written notice of the decision to the agent affected by the decision.\n(sec.105-ssec.5) A notice under subsection (3) or (4) must comply with the QCAT Act , section 157 (2) .\n- (a) a ground exists to direct the termination of the agency agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised; or\n- (ii) the public interest may be affected adversely.","sortOrder":137},{"sectionNumber":"sec.106","sectionType":"section","heading":"Termination of agreement","content":"### sec.106 Termination of agreement\n\nIf the chief executive directs a licensed provider to terminate an agency agreement, the licensed provider must—\nterminate the agreement within the time stated in the notice giving the direction; and\nnotify the chief executive of the termination in the approved form within 7 days after terminating the agreement.\nIf the licensed provider does not terminate the agency agreement as required by subsection (1) , the agreement is terminated by this Act.\nThe State does not incur any liability if an agency agreement is terminated by a licensed provider under subsection (1) or by this Act.\nA licensed provider does not incur any liability because the licensed provider terminates an agency agreement under subsection (1) .\n(sec.106-ssec.1) If the chief executive directs a licensed provider to terminate an agency agreement, the licensed provider must— terminate the agreement within the time stated in the notice giving the direction; and notify the chief executive of the termination in the approved form within 7 days after terminating the agreement.\n(sec.106-ssec.2) If the licensed provider does not terminate the agency agreement as required by subsection (1) , the agreement is terminated by this Act.\n(sec.106-ssec.3) The State does not incur any liability if an agency agreement is terminated by a licensed provider under subsection (1) or by this Act.\n(sec.106-ssec.4) A licensed provider does not incur any liability because the licensed provider terminates an agency agreement under subsection (1) .\n- (a) terminate the agreement within the time stated in the notice giving the direction; and\n- (b) notify the chief executive of the termination in the approved form within 7 days after terminating the agreement.","sortOrder":138},{"sectionNumber":"sec.107","sectionType":"section","heading":"Notice of termination of agreement","content":"### sec.107 Notice of termination of agreement\n\nThis section applies if an agency agreement is terminated otherwise than because of a direction to terminate the agreement given to the licensed provider by the chief executive.\nThe licensed provider must notify the chief executive in writing of the termination within 7 days after the agreement is terminated.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.107-ssec.1) This section applies if an agency agreement is terminated otherwise than because of a direction to terminate the agreement given to the licensed provider by the chief executive.\n(sec.107-ssec.2) The licensed provider must notify the chief executive in writing of the termination within 7 days after the agreement is terminated. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":139},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Investigations into suitability","content":"## Investigations into suitability","sortOrder":140},{"sectionNumber":"sec.108","sectionType":"section","heading":"Audit program","content":"### sec.108 Audit program\n\nThe chief executive may approve an audit program for investigating agents and their business and executive associates.\nThe chief executive is responsible for ensuring that investigations of agents and their business and executive associates are conducted under an approved audit program in accordance with the program.\nA person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.\n(sec.108-ssec.1) The chief executive may approve an audit program for investigating agents and their business and executive associates.\n(sec.108-ssec.2) The chief executive is responsible for ensuring that investigations of agents and their business and executive associates are conducted under an approved audit program in accordance with the program.\n(sec.108-ssec.3) A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.","sortOrder":141},{"sectionNumber":"sec.109","sectionType":"section","heading":"Investigations","content":"### sec.109 Investigations\n\nThe chief executive may investigate an agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be an agent.\nThe chief executive may investigate a business or executive associate of an agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be associated with an agent’s operations.\nHowever, the chief executive may investigate an agent, or a business or executive associate of an agent, only if—\nthe chief executive reasonably suspects the person is not, or is no longer, a suitable person to be an agent, or to be associated with an agent’s operations; or\nthe investigation is made under an audit program for agents and their business and executive associates approved by the chief executive.\n(sec.109-ssec.1) The chief executive may investigate an agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be an agent.\n(sec.109-ssec.2) The chief executive may investigate a business or executive associate of an agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be associated with an agent’s operations.\n(sec.109-ssec.3) However, the chief executive may investigate an agent, or a business or executive associate of an agent, only if— the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be an agent, or to be associated with an agent’s operations; or the investigation is made under an audit program for agents and their business and executive associates approved by the chief executive.\n- (a) the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be an agent, or to be associated with an agent’s operations; or\n- (b) the investigation is made under an audit program for agents and their business and executive associates approved by the chief executive.","sortOrder":142},{"sectionNumber":"sec.110","sectionType":"section","heading":"Requirement to give information or material for investigation","content":"### sec.110 Requirement to give information or material for investigation\n\nIn investigating an agent or a business or executive associate of an agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.110-ssec.1) In investigating an agent or a business or executive associate of an agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.110-ssec.2) When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.110-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.110-ssec.4) It is a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.110-ssec.5) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":143},{"sectionNumber":"sec.111","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.111 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation under this division about a person, asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.111-ssec.1) If the chief executive, in making an investigation under this division about a person, asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.111-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information that the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":144},{"sectionNumber":"pt.6","sectionType":"part","heading":"Licence fees and tax","content":"# Licence fees and tax","sortOrder":145},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Licence fees","content":"## Licence fees","sortOrder":146},{"sectionNumber":"sec.112","sectionType":"section","heading":"Liability to licence fee","content":"### sec.112 Liability to licence fee\n\nA licensed provider must pay licence fees as required under the conditions of the interactive gambling licence.","sortOrder":147},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Interactive gambling tax","content":"## Interactive gambling tax","sortOrder":148},{"sectionNumber":"sec.113","sectionType":"section","heading":"Liability to tax","content":"### sec.113 Liability to tax\n\nA licensed provider must pay a tax ( interactive gambling tax ) to the chief executive for the authorised games conducted by the licensed provider.\nInteractive gambling tax is to be calculated and paid on a basis fixed under a regulation.\nRates of tax may be fixed having regard to the rates of tax payable under corresponding laws.\ns 113 amd 2000 No. 20 s 29 sch 3\n(sec.113-ssec.1) A licensed provider must pay a tax ( interactive gambling tax ) to the chief executive for the authorised games conducted by the licensed provider.\n(sec.113-ssec.2) Interactive gambling tax is to be calculated and paid on a basis fixed under a regulation.\n(sec.113-ssec.3) Rates of tax may be fixed having regard to the rates of tax payable under corresponding laws.","sortOrder":149},{"sectionNumber":"sec.114","sectionType":"section","heading":"Returns for calculation of tax","content":"### sec.114 Returns for calculation of tax\n\nWithin 7 days after the end of each month, a licensed provider must give the chief executive a return in an approved form containing—\nthe information for calculating interactive gambling tax on games conducted by the licensed provider during the relevant month; and\nother information required under a regulation.\nMaximum penalty—40 penalty units.\n- (a) the information for calculating interactive gambling tax on games conducted by the licensed provider during the relevant month; and\n- (b) other information required under a regulation.","sortOrder":150},{"sectionNumber":"sec.115","sectionType":"section","heading":"Participating jurisdictions tax entitlement","content":"### sec.115 Participating jurisdictions tax entitlement\n\nFrom time to time (as contemplated in the intergovernmental agreement), the Minister must remit to a participating regulator a proportion of the interactive gambling tax collected or recovered from licensed providers ( interactive gambling tax revenue ).\nThe amount to be remitted must reflect—\nthe contribution of players in the participating jurisdiction to the total gambling turnover of licensed providers; and\nthe proportion of interactive gambling tax revenue properly attributable to that contribution.\nAmounts may be remitted under this section without further appropriation.\n(sec.115-ssec.1) From time to time (as contemplated in the intergovernmental agreement), the Minister must remit to a participating regulator a proportion of the interactive gambling tax collected or recovered from licensed providers ( interactive gambling tax revenue ).\n(sec.115-ssec.2) The amount to be remitted must reflect— the contribution of players in the participating jurisdiction to the total gambling turnover of licensed providers; and the proportion of interactive gambling tax revenue properly attributable to that contribution.\n(sec.115-ssec.3) Amounts may be remitted under this section without further appropriation.\n- (a) the contribution of players in the participating jurisdiction to the total gambling turnover of licensed providers; and\n- (b) the proportion of interactive gambling tax revenue properly attributable to that contribution.","sortOrder":151},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 amd 2000 No. 51 s 86A ; 2009 No. 9 s 136 sch 1\nom 2013 No. 25 s 103","sortOrder":152},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Recovery and penalties","content":"## Recovery and penalties","sortOrder":153},{"sectionNumber":"sec.117","sectionType":"section","heading":"Penalty for late payment","content":"### sec.117 Penalty for late payment\n\nA licensed provider must pay to the chief executive a penalty on an amount of interactive gambling tax or licence fee outstanding (the unpaid amount ) as at the end of the period allowed for payment.\nThe penalty is the percentage prescribed under a regulation of the unpaid amount.\nAn additional penalty is payable by the licensed provider to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid—\n1 month after the end of the period allowed for payment of the unpaid amount; and\nat the end of each succeeding month starting—\non the day of the month corresponding to the day mentioned in paragraph (a) ; or\nif there is no corresponding day on the first day of the following month.\nThe additional penalty is the percentage prescribed under a regulation of each unpaid or other amount for which the penalty is payable.\nA penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.\n(sec.117-ssec.1) A licensed provider must pay to the chief executive a penalty on an amount of interactive gambling tax or licence fee outstanding (the unpaid amount ) as at the end of the period allowed for payment.\n(sec.117-ssec.2) The penalty is the percentage prescribed under a regulation of the unpaid amount.\n(sec.117-ssec.3) An additional penalty is payable by the licensed provider to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid— 1 month after the end of the period allowed for payment of the unpaid amount; and at the end of each succeeding month starting— on the day of the month corresponding to the day mentioned in paragraph (a) ; or if there is no corresponding day on the first day of the following month.\n(sec.117-ssec.4) The additional penalty is the percentage prescribed under a regulation of each unpaid or other amount for which the penalty is payable.\n(sec.117-ssec.5) A penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.\n- (a) 1 month after the end of the period allowed for payment of the unpaid amount; and\n- (b) at the end of each succeeding month starting— (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or (ii) if there is no corresponding day on the first day of the following month.\n- (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or\n- (ii) if there is no corresponding day on the first day of the following month.\n- (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or\n- (ii) if there is no corresponding day on the first day of the following month.","sortOrder":154},{"sectionNumber":"sec.118","sectionType":"section","heading":"Recovery of amounts","content":"### sec.118 Recovery of amounts\n\nAn amount of interactive gambling tax, licence fee or penalty payable under this part is a debt payable to the State and may be recovered by action in a court of competent jurisdiction.","sortOrder":155},{"sectionNumber":"sec.119","sectionType":"section","heading":"Revenue offences","content":"### sec.119 Revenue offences\n\nA licensed provider must not—\nevade the payment of an amount payable by the licensed provider as interactive gambling tax or licence fee; or\ngive the chief executive a return containing information the licensed provider knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 247 , to have also committed the offence.\nSubsection (1) (b) does not apply to a licensed provider if the licensed provider, when giving the return—\ninforms the chief executive in writing, to the best of the licensed provider’s ability, how the return is false, misleading or incomplete; and\nif the licensed provider has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state that the document was false, misleading or incomplete to the defendant’s knowledge.\ns 119 amd 2013 No. 51 s 229 sch 1\n(sec.119-ssec.1) A licensed provider must not— evade the payment of an amount payable by the licensed provider as interactive gambling tax or licence fee; or give the chief executive a return containing information the licensed provider knows to be false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units or 2 years imprisonment. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 247 , to have also committed the offence.\n(sec.119-ssec.2) Subsection (1) (b) does not apply to a licensed provider if the licensed provider, when giving the return— informs the chief executive in writing, to the best of the licensed provider’s ability, how the return is false, misleading or incomplete; and if the licensed provider has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.119-ssec.3) It is enough for a complaint for an offence against subsection (1) to state that the document was false, misleading or incomplete to the defendant’s knowledge.\n- (a) evade the payment of an amount payable by the licensed provider as interactive gambling tax or licence fee; or\n- (b) give the chief executive a return containing information the licensed provider knows to be false, misleading or incomplete in a material particular.\n- (a) informs the chief executive in writing, to the best of the licensed provider’s ability, how the return is false, misleading or incomplete; and\n- (b) if the licensed provider has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":156},{"sectionNumber":"pt.7","sectionType":"part","heading":"Compliance requirements","content":"# Compliance requirements","sortOrder":157},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Rules and directions","content":"## Rules and directions","sortOrder":158},{"sectionNumber":"sec.120","sectionType":"section","heading":"Rules","content":"### sec.120 Rules\n\nThe Minister may make rules about the following—\nthe conduct of authorised games by licensed providers;\nprizes in authorised games conducted by licensed providers;\nother matters on which it is appropriate to make rules for this Act.\nThe Minister must notify the making of a rule on the department’s website.\nA rule takes effect—\non the day the making of the rule is notified on the department’s website; or\nif a later day is stated in the Minister’s notice or the rule—on that day.\nA licensed provider may make submissions to the Minister about a rule or proposed rule.\ns 120 amd 2009 No. 41 s 52 ; 2022 No. 23 s 72\n(sec.120-ssec.1) The Minister may make rules about the following— the conduct of authorised games by licensed providers; prizes in authorised games conducted by licensed providers; other matters on which it is appropriate to make rules for this Act.\n(sec.120-ssec.2) The Minister must notify the making of a rule on the department’s website.\n(sec.120-ssec.2A) A rule takes effect— on the day the making of the rule is notified on the department’s website; or if a later day is stated in the Minister’s notice or the rule—on that day.\n(sec.120-ssec.3) A licensed provider may make submissions to the Minister about a rule or proposed rule.\n- (a) the conduct of authorised games by licensed providers;\n- (b) prizes in authorised games conducted by licensed providers;\n- (c) other matters on which it is appropriate to make rules for this Act.\n- (a) on the day the making of the rule is notified on the department’s website; or\n- (b) if a later day is stated in the Minister’s notice or the rule—on that day.","sortOrder":159},{"sectionNumber":"sec.120A","sectionType":"section","heading":"Rules to be made available etc.","content":"### sec.120A Rules to be made available etc.\n\nA licensed provider must, for an authorised game the provider is authorised to conduct under part 2 , division 2 —\nmake a copy of the rules for the game available for public inspection—\nduring ordinary office hours at the provider’s public office; and\non the provider’s website on the internet; and\ngive a copy of the rules for the game to each agent of the provider.\nMaximum penalty—40 penalty units.\ns 120A ins 2009 No. 41 s 53\n- (a) make a copy of the rules for the game available for public inspection— (i) during ordinary office hours at the provider’s public office; and (ii) on the provider’s website on the internet; and\n- (i) during ordinary office hours at the provider’s public office; and\n- (ii) on the provider’s website on the internet; and\n- (b) give a copy of the rules for the game to each agent of the provider.\n- (i) during ordinary office hours at the provider’s public office; and\n- (ii) on the provider’s website on the internet; and","sortOrder":160},{"sectionNumber":"sec.121","sectionType":"section","heading":"Directions","content":"### sec.121 Directions\n\nThe chief executive may, by written notice given to licensed providers, give directions about the conduct of authorised games by licensed providers.\nA licensed provider may make submissions to the chief executive about a direction or proposed direction.\n(sec.121-ssec.1) The chief executive may, by written notice given to licensed providers, give directions about the conduct of authorised games by licensed providers.\n(sec.121-ssec.2) A licensed provider may make submissions to the chief executive about a direction or proposed direction.","sortOrder":161},{"sectionNumber":"sec.122","sectionType":"section","heading":"General responsibilities of licensed provider","content":"### sec.122 General responsibilities of licensed provider\n\nA licensed provider must comply with—\nthe rules; and\nany relevant direction.\nMaximum penalty—40 penalty units.\n- (a) the rules; and\n- (b) any relevant direction.","sortOrder":162},{"sectionNumber":"sec.123","sectionType":"section","heading":"Responsibility of licensed provider to ensure compliance by agent","content":"### sec.123 Responsibility of licensed provider to ensure compliance by agent\n\nThe licensed provider by which an agent was appointed must take reasonable steps to ensure—\nthe agent is aware of the requirements of the rules and any relevant direction; and\nthe agent complies with requirements of the rules and any relevant direction.\nMaximum penalty—40 penalty units.\n- (a) the agent is aware of the requirements of the rules and any relevant direction; and\n- (b) the agent complies with requirements of the rules and any relevant direction.","sortOrder":163},{"sectionNumber":"sec.124","sectionType":"section","heading":"Responsibility of agent","content":"### sec.124 Responsibility of agent\n\nAn agent must comply with the rules and any relevant direction.\nMaximum penalty—40 penalty units.\nHowever, it is a defence to a charge against an agent for noncompliance with a direction to prove that the agent did not know, and could not reasonably be expected to have known, of the requirements of the direction.\n(sec.124-ssec.1) An agent must comply with the rules and any relevant direction. Maximum penalty—40 penalty units.\n(sec.124-ssec.2) However, it is a defence to a charge against an agent for noncompliance with a direction to prove that the agent did not know, and could not reasonably be expected to have known, of the requirements of the direction.","sortOrder":164},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Place of operation","content":"## Place of operation","sortOrder":165},{"sectionNumber":"sec.125","sectionType":"section","heading":"Licensed provider’s place of operation","content":"### sec.125 Licensed provider’s place of operation\n\nA licensed provider must not conduct an authorised game unless the place of operation from which the game is conducted is approved by the chief executive.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA licensed provider must ensure that all regulated interactive gambling equipment used by the licensed provider for the conduct of authorised games is situated at—\nthe approved place of operation; or\nsome other place approved by the chief executive for the purpose.\nMaximum penalty—50 penalty units.\n(sec.125-ssec.1) A licensed provider must not conduct an authorised game unless the place of operation from which the game is conducted is approved by the chief executive. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.125-ssec.2) A licensed provider must ensure that all regulated interactive gambling equipment used by the licensed provider for the conduct of authorised games is situated at— the approved place of operation; or some other place approved by the chief executive for the purpose. Maximum penalty—50 penalty units.\n- (a) the approved place of operation; or\n- (b) some other place approved by the chief executive for the purpose.","sortOrder":166},{"sectionNumber":"sec.126","sectionType":"section","heading":"Agent’s place of operation","content":"### sec.126 Agent’s place of operation\n\nAn agent must not carry on operations in Queensland at a place other than a place that—\nis of a kind prescribed under a regulation as appropriate for an agent; and\nif the agent is an agent for a licensed provider—is stated in the agency agreement as the agent’s place of operation.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n- (a) is of a kind prescribed under a regulation as appropriate for an agent; and\n- (b) if the agent is an agent for a licensed provider—is stated in the agency agreement as the agent’s place of operation.","sortOrder":167},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Control systems","content":"## Control systems","sortOrder":168},{"sectionNumber":"sec.127","sectionType":"section","heading":"Authorised games to be conducted under a control system","content":"### sec.127 Authorised games to be conducted under a control system\n\nA licensed provider must not conduct an authorised game unless the licensed provider has a control system complying with section 128 for the game.\nMaximum penalty—200 penalty units.\nThe licensed provider must not contravene its control system in the conduct of an authorised game.\nMaximum penalty—200 penalty units.\nA licensed provider must, on request by an inspector, make its control system available for inspection by the inspector.\nMaximum penalty—200 penalty units.\ns 127 sub 2002 No. 43 s 85\namd 2013 No. 25 s 104\n(sec.127-ssec.1) A licensed provider must not conduct an authorised game unless the licensed provider has a control system complying with section 128 for the game. Maximum penalty—200 penalty units.\n(sec.127-ssec.2) The licensed provider must not contravene its control system in the conduct of an authorised game. Maximum penalty—200 penalty units.\n(sec.127-ssec.3) A licensed provider must, on request by an inspector, make its control system available for inspection by the inspector. Maximum penalty—200 penalty units.","sortOrder":169},{"sectionNumber":"sec.128","sectionType":"section","heading":"Content of control system","content":"### sec.128 Content of control system\n\nA licensed provider’s control system for an interactive game must—\nbe in writing; and\ninclude details about each matter for the interactive game stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the provider for the following purposes—\nensuring amounts payable by the provider to the State for the interactive game are worked out and paid under this Act;\nprotecting the integrity of the conduct of the interactive game by the provider.\nFor subsection (1) (b) , the matters are—\naccounting systems and procedures; and\nadministrative systems and procedures; and\nprocedures for recording wagers and paying prizes won in the interactive game; and\ncomputer software; and\nsystems and procedures for the maintenance, security, storage and transportation of equipment; and\nsystems and procedures for using and maintaining security facilities; and\nthe general procedures to be followed for the conduct of the interactive game.\ns 128 amd 2004 No. 21 s 65 ; 2005 No. 12 s 88 sch\nsub 2013 No. 25 s 105\n(sec.128-ssec.1) A licensed provider’s control system for an interactive game must— be in writing; and include details about each matter for the interactive game stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the provider for the following purposes— ensuring amounts payable by the provider to the State for the interactive game are worked out and paid under this Act; protecting the integrity of the conduct of the interactive game by the provider.\n(sec.128-ssec.2) For subsection (1) (b) , the matters are— accounting systems and procedures; and administrative systems and procedures; and procedures for recording wagers and paying prizes won in the interactive game; and computer software; and systems and procedures for the maintenance, security, storage and transportation of equipment; and systems and procedures for using and maintaining security facilities; and the general procedures to be followed for the conduct of the interactive game.\n- (a) be in writing; and\n- (b) include details about each matter for the interactive game stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the provider for the following purposes— (i) ensuring amounts payable by the provider to the State for the interactive game are worked out and paid under this Act; (ii) protecting the integrity of the conduct of the interactive game by the provider.\n- (i) ensuring amounts payable by the provider to the State for the interactive game are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the interactive game by the provider.\n- (i) ensuring amounts payable by the provider to the State for the interactive game are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the interactive game by the provider.\n- (a) accounting systems and procedures; and\n- (b) administrative systems and procedures; and\n- (c) procedures for recording wagers and paying prizes won in the interactive game; and\n- (d) computer software; and\n- (e) systems and procedures for the maintenance, security, storage and transportation of equipment; and\n- (f) systems and procedures for using and maintaining security facilities; and\n- (g) the general procedures to be followed for the conduct of the interactive game.","sortOrder":170},{"sectionNumber":"sec.129","sectionType":"section","heading":"Chief executive may give direction about content of control system","content":"### sec.129 Chief executive may give direction about content of control system\n\nThis section applies if the chief executive considers a licensed provider’s control system for an interactive game is insufficient for—\nensuring amounts payable to the State under this Act for the interactive game are properly worked out and paid; or\nprotecting the integrity of the conduct of the interactive game by the provider.\nThe chief executive may, by written notice to the provider, direct the provider to include in its control system additional details about 1 or more matters mentioned in section 128 (2) within the reasonable period, and in the way, stated in the notice.\nIf the provider does not comply with the direction, at the end of the period stated in the notice the provider’s control system is taken to have been changed in the way stated in the notice.\ns 129 amd 2005 No. 12 s 88 sch\nsub 2013 No. 25 s 105\n(sec.129-ssec.1) This section applies if the chief executive considers a licensed provider’s control system for an interactive game is insufficient for— ensuring amounts payable to the State under this Act for the interactive game are properly worked out and paid; or protecting the integrity of the conduct of the interactive game by the provider.\n(sec.129-ssec.2) The chief executive may, by written notice to the provider, direct the provider to include in its control system additional details about 1 or more matters mentioned in section 128 (2) within the reasonable period, and in the way, stated in the notice.\n(sec.129-ssec.3) If the provider does not comply with the direction, at the end of the period stated in the notice the provider’s control system is taken to have been changed in the way stated in the notice.\n- (a) ensuring amounts payable to the State under this Act for the interactive game are properly worked out and paid; or\n- (b) protecting the integrity of the conduct of the interactive game by the provider.","sortOrder":171},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 amd 2005 No. 12 s 54\nom 2013 No. 25 s 105","sortOrder":172},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 amd 2005 No. 12 s 88 sch\nom 2013 No. 25 s 105","sortOrder":173},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Dealings involving players’ accounts","content":"## Dealings involving players’ accounts","sortOrder":174},{"sectionNumber":"sec.132","sectionType":"section","heading":"Funds in player’s account to be remitted on demand","content":"### sec.132 Funds in player’s account to be remitted on demand\n\nA licensed provider must, at the request of an unrestricted player in whose name a player’s account is established, remit funds standing to the credit of the account as directed by the player no later than the first business day after the request is received.\nMaximum penalty—100 penalty units.\ns 132 amd 1999 No. 77 s 176","sortOrder":175},{"sectionNumber":"sec.133","sectionType":"section","heading":"Licensed provider or agent not to act as credit provider","content":"### sec.133 Licensed provider or agent not to act as credit provider\n\nA licensed provider or an agent must not provide credit to a player or a player’s account.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA licensed provider or an agent must not act as agent for a credit provider to facilitate the provision of credit to a player or a player’s account.\nMaximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\n(sec.133-ssec.1) A licensed provider or an agent must not provide credit to a player or a player’s account. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.133-ssec.2) A licensed provider or an agent must not act as agent for a credit provider to facilitate the provision of credit to a player or a player’s account. Maximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.","sortOrder":176},{"sectionNumber":"sec.134","sectionType":"section","heading":"Licensed providers limited recourse to players’ accounts","content":"### sec.134 Licensed providers limited recourse to players’ accounts\n\nA licensed provider must not have recourse to funds in a player’s account except as follows—\nto debit to the account a wager made by the player or an amount the player indicates the player wants to wager in the course of an authorised game the player is playing or about to play;\nto debit to the account amounts authorised under this section to be debited to the account;\nfor an unrestricted player—to remit funds standing to the credit of the account to the player at the player’s request;\nas otherwise authorised under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nThe licensed provider may debit an amount to the account for—\nfees, charges or expenses necessarily incurred by the licensed provider on transactions made on the account; and\nservices supplied by the licensed provider to the player at the player’s request that are additional to the services generally supplied by the licensed provider to players.\nHowever, the licensed provider may debit an amount to the account for a matter mentioned in subsection (2) only if the matter is a matter for which—\nthe player has agreed in writing debits may be made to the account; and\nprovision for debiting players’ accounts is made in the licensed provider’s control system.\nDespite subsection (2) (a) , the licensed provider may not debit an amount to the account for fees payable for maintaining the account.\ns 134 amd 1999 No. 77 s 177 ; 2013 No. 25 s 106\n(sec.134-ssec.1) A licensed provider must not have recourse to funds in a player’s account except as follows— to debit to the account a wager made by the player or an amount the player indicates the player wants to wager in the course of an authorised game the player is playing or about to play; to debit to the account amounts authorised under this section to be debited to the account; for an unrestricted player—to remit funds standing to the credit of the account to the player at the player’s request; as otherwise authorised under this Act. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.134-ssec.2) The licensed provider may debit an amount to the account for— fees, charges or expenses necessarily incurred by the licensed provider on transactions made on the account; and services supplied by the licensed provider to the player at the player’s request that are additional to the services generally supplied by the licensed provider to players.\n(sec.134-ssec.3) However, the licensed provider may debit an amount to the account for a matter mentioned in subsection (2) only if the matter is a matter for which— the player has agreed in writing debits may be made to the account; and provision for debiting players’ accounts is made in the licensed provider’s control system.\n(sec.134-ssec.4) Despite subsection (2) (a) , the licensed provider may not debit an amount to the account for fees payable for maintaining the account.\n- (a) to debit to the account a wager made by the player or an amount the player indicates the player wants to wager in the course of an authorised game the player is playing or about to play;\n- (b) to debit to the account amounts authorised under this section to be debited to the account;\n- (c) for an unrestricted player—to remit funds standing to the credit of the account to the player at the player’s request;\n- (d) as otherwise authorised under this Act.\n- (a) fees, charges or expenses necessarily incurred by the licensed provider on transactions made on the account; and\n- (b) services supplied by the licensed provider to the player at the player’s request that are additional to the services generally supplied by the licensed provider to players.\n- (a) the player has agreed in writing debits may be made to the account; and\n- (b) provision for debiting players’ accounts is made in the licensed provider’s control system.","sortOrder":177},{"sectionNumber":"sec.135","sectionType":"section","heading":"Inactive players’ accounts","content":"### sec.135 Inactive players’ accounts\n\nIf no transaction has been recorded on a player’s account with a licensed provider for a period fixed under a regulation, the licensed provider must remit any remaining balance to—\nthe player; or\nif the player can not be found—an account at the department designated under a regulation as the account to which payments are to be made under this paragraph.\ns 135 amd 1999 No. 8 s 126\n- (a) the player; or\n- (b) if the player can not be found—an account at the department designated under a regulation as the account to which payments are to be made under this paragraph.","sortOrder":178},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Responsible gambling","content":"## Responsible gambling","sortOrder":179},{"sectionNumber":"sec.136","sectionType":"section","heading":"Limitation on amount wagered","content":"### sec.136 Limitation on amount wagered\n\nA registered player may, by written notice to a licensed provider, set a limit on the amount the player may wager.\nThe player might set a limit in relation to a particular game the player is about to play.\nThe player might set a limit by reference to a stated maximum for all games conducted by the licensed provider over a stated period (e.g. a limit of $100 over 1 month).\nThe player might set the limit at zero thus effectively preventing himself or herself from engaging in authorised games conducted by the licensed provider until the limit is relaxed or removed.\nA player who has set a limit under this section may change or revoke the limit by written notice given to the licensed provider.\nA notice increasing or revoking the limit does not have effect unless—\n7 days have passed since the provider received the notice; and\nthe player has not notified the provider of an intention to withdraw the notice.\nA notice reducing the limit has effect on its receipt by the licensed provider.\nA licensed provider must not accept a wager from a player contrary to a limit set for the player under this section.\nMaximum penalty for subsection (5) —100 penalty units.\n(sec.136-ssec.1) A registered player may, by written notice to a licensed provider, set a limit on the amount the player may wager. The player might set a limit in relation to a particular game the player is about to play. The player might set a limit by reference to a stated maximum for all games conducted by the licensed provider over a stated period (e.g. a limit of $100 over 1 month). The player might set the limit at zero thus effectively preventing himself or herself from engaging in authorised games conducted by the licensed provider until the limit is relaxed or removed.\n(sec.136-ssec.2) A player who has set a limit under this section may change or revoke the limit by written notice given to the licensed provider.\n(sec.136-ssec.3) A notice increasing or revoking the limit does not have effect unless— 7 days have passed since the provider received the notice; and the player has not notified the provider of an intention to withdraw the notice.\n(sec.136-ssec.4) A notice reducing the limit has effect on its receipt by the licensed provider.\n(sec.136-ssec.5) A licensed provider must not accept a wager from a player contrary to a limit set for the player under this section. Maximum penalty for subsection (5) —100 penalty units.\n- 1 The player might set a limit in relation to a particular game the player is about to play.\n- 2 The player might set a limit by reference to a stated maximum for all games conducted by the licensed provider over a stated period (e.g. a limit of $100 over 1 month).\n- 3 The player might set the limit at zero thus effectively preventing himself or herself from engaging in authorised games conducted by the licensed provider until the limit is relaxed or removed.\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 withdraw the notice.","sortOrder":180},{"sectionNumber":"sec.136A","sectionType":"section","heading":"Harm minimisation measures","content":"### sec.136A Harm minimisation measures\n\nA regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from interactive gambling, including, for example, measures for any of the following purposes—\ndelaying the start of a process in particular circumstances;\ninterrupting a process in particular circumstances;\nusing particular technology or software;\nproviding particular information to the chief executive or persons participating in interactive gambling;\nenabling a person to access a service that provides help with gambling problems.\nThe Minister may recommend the making of a regulation under subsection (1) only if satisfied—\nthe harm minimisation measure—\nis necessary and appropriate to minimise potential harm from interactive gambling; and\nis consistent with the objects of this Act; or\nit is in the public interest to prescribe the harm minimisation measure.\nA regulation made under subsection (1) may also prescribe the authorised providers and interactive wagering operators that must implement a harm minimisation measure.\nAn entity prescribed under subsection (3) must implement the harm minimisation measure as prescribed.\nMaximum penalty—200 penalty units.\nIn this section—\ninteractive wagering operator see section 166A .\ns 136A ins 2022 No. 23 s 73\n(sec.136A-ssec.1) A regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from interactive gambling, including, for example, measures for any of the following purposes— delaying the start of a process in particular circumstances; interrupting a process in particular circumstances; using particular technology or software; providing particular information to the chief executive or persons participating in interactive gambling; enabling a person to access a service that provides help with gambling problems.\n(sec.136A-ssec.2) The Minister may recommend the making of a regulation under subsection (1) only if satisfied— the harm minimisation measure— is necessary and appropriate to minimise potential harm from interactive gambling; and is consistent with the objects of this Act; or it is in the public interest to prescribe the harm minimisation measure.\n(sec.136A-ssec.3) A regulation made under subsection (1) may also prescribe the authorised providers and interactive wagering operators that must implement a harm minimisation measure.\n(sec.136A-ssec.4) An entity prescribed under subsection (3) must implement the harm minimisation measure as prescribed. Maximum penalty—200 penalty units.\n(sec.136A-ssec.5) In this section— interactive wagering operator see section 166A .\n- (a) delaying the start of a process in particular circumstances;\n- (b) interrupting a process in particular circumstances;\n- (c) using particular technology or software;\n- (d) providing particular information to the chief executive or persons participating in interactive gambling;\n- (e) enabling a person to access a service that provides help with gambling problems.\n- (a) the harm minimisation measure— (i) is necessary and appropriate to minimise potential harm from interactive gambling; and (ii) is consistent with the objects of this Act; or\n- (i) is necessary and appropriate to minimise potential harm from interactive gambling; and\n- (ii) is consistent with the objects of this Act; or\n- (b) it is in the public interest to prescribe the harm minimisation measure.\n- (i) is necessary and appropriate to minimise potential harm from interactive gambling; and\n- (ii) is consistent with the objects of this Act; or","sortOrder":181},{"sectionNumber":"pt.7-div.5A","sectionType":"division","heading":"Excluding persons from participating in authorised games as players","content":"## Excluding persons from participating in authorised games as players","sortOrder":182},{"sectionNumber":"sec.137","sectionType":"section","heading":"Self-exclusion notice","content":"### sec.137 Self-exclusion notice\n\nA person who is registered with a licensed provider as a player may give to the licensed provider a notice in the approved form (a self-exclusion notice ) asking the licensed provider to prohibit the person from participating as a player in authorised games conducted by the licensed provider.\ns 137 amd 1999 No. 8 s 127 ; 1999 No. 77 s 178\nsub 2004 No. 21 s 66","sortOrder":183},{"sectionNumber":"sec.137A","sectionType":"section","heading":"Self-exclusion order","content":"### sec.137A Self-exclusion order\n\nIf a person gives a licensed provider a self-exclusion notice under section 137 , the licensed provider must as soon as practicable give to the person—\na notice in the approved form (a self-exclusion order ) prohibiting the person from participating as a player in authorised games conducted by the licensed provider; and\ndetails, including the name and address, of at least 1 entity that provides counselling services for problem gamblers.\nMaximum penalty—50 penalty units.\nA self-exclusion order has effect for the period—\nstarting when it is given to the person; and\nending on the earlier of the following—\nwhen a revocation notice for the order takes effect under section 137B (3) ;\nthe day that is 5 years after the day the order is given to the person.\ns 137A ins 2004 No. 21 s 66 (amd 2005 No. 12 s 27 (1) )\n(sec.137A-ssec.1) If a person gives a licensed provider a self-exclusion notice under section 137 , the licensed provider must as soon as practicable give to the person— a notice in the approved form (a self-exclusion order ) prohibiting the person from participating as a player in authorised games conducted by the licensed provider; and details, including the name and address, of at least 1 entity that provides counselling services for problem gamblers. Maximum penalty—50 penalty units.\n(sec.137A-ssec.2) A self-exclusion order has effect for the period— starting when it is given to the person; and ending on the earlier of the following— when a revocation notice for the order takes effect under section 137B (3) ; the day that is 5 years after the day the order is given to the person.\n- (a) a notice in the approved form (a self-exclusion order ) prohibiting the person from participating as a player in authorised games conducted by the licensed provider; and\n- (b) details, including the name and address, of at least 1 entity that provides counselling services for problem gamblers.\n- (a) starting when it is given to the person; and\n- (b) ending on the earlier of the following— (i) when a revocation notice for the order takes effect under section 137B (3) ; (ii) the day that is 5 years after the day the order is given to the person.\n- (i) when a revocation notice for the order takes effect under section 137B (3) ;\n- (ii) the day that is 5 years after the day the order is given to the person.\n- (i) when a revocation notice for the order takes effect under section 137B (3) ;\n- (ii) the day that is 5 years after the day the order is given to the person.","sortOrder":184},{"sectionNumber":"sec.137B","sectionType":"section","heading":"Revoking self-exclusion order","content":"### sec.137B Revoking self-exclusion order\n\nA person who is given a self-exclusion order may, by notice in the approved form (a revocation notice ) given to the licensed provider who gave the order, revoke the order.\nHowever, the person may revoke the order only—\nwithin 24 hours after the person receives it; or\nafter 1 year after the person receives it.\nA revocation notice takes effect—\nif the notice is given to the licensed provider under subsection (2) (a) —when it is given to the licensed provider; or\notherwise—28 days after the day it is given to the licensed provider.\ns 137B ins 2004 No. 21 s 66 (amd 2005 No. 12 s 27 (1) )\n(sec.137B-ssec.1) A person who is given a self-exclusion order may, by notice in the approved form (a revocation notice ) given to the licensed provider who gave the order, revoke the order.\n(sec.137B-ssec.2) However, the person may revoke the order only— within 24 hours after the person receives it; or after 1 year after the person receives it.\n(sec.137B-ssec.3) A revocation notice takes effect— if the notice is given to the licensed provider under subsection (2) (a) —when it is given to the licensed provider; or otherwise—28 days after the day it is given to the licensed provider.\n- (a) within 24 hours after the person receives it; or\n- (b) after 1 year after the person receives it.\n- (a) if the notice is given to the licensed provider under subsection (2) (a) —when it is given to the licensed provider; or\n- (b) otherwise—28 days after the day it is given to the licensed provider.","sortOrder":185},{"sectionNumber":"sec.137C","sectionType":"section","heading":"Exclusion direction","content":"### sec.137C Exclusion direction\n\nA licensed provider may give a person who is registered with the licensed provider as a player a notice in the approved form (an exclusion direction ) prohibiting the person from participating as a player in authorised games conducted by the licensed provider.\nThe licensed provider may give the direction only if the licensed provider believes on reasonable grounds the person is a problem gambler.\nIf a licensed provider decides to give a person an exclusion direction, the direction must be accompanied by an information notice about the decision.\ns 137C ins 2004 No. 21 s 66 (amd 2005 No. 12 s 27 (2) )\n(sec.137C-ssec.1) A licensed provider may give a person who is registered with the licensed provider as a player a notice in the approved form (an exclusion direction ) prohibiting the person from participating as a player in authorised games conducted by the licensed provider.\n(sec.137C-ssec.2) The licensed provider may give the direction only if the licensed provider believes on reasonable grounds the person is a problem gambler.\n(sec.137C-ssec.3) If a licensed provider decides to give a person an exclusion direction, the direction must be accompanied by an information notice about the decision.","sortOrder":186},{"sectionNumber":"sec.137D","sectionType":"section","heading":"Duration of exclusion direction","content":"### sec.137D Duration of exclusion direction\n\nAn exclusion direction has effect for the period—\nstarting when it is given to the person concerned; and\nending on the earlier of the following—\nif the decision to give the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;\nif a revocation notice for the direction takes effect under section 137F (6) —when the notice takes effect;\nif a decision, under section 137F , refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;\nthe day that is 5 years after the day the direction is given to the person.\ns 137D ins 2004 No. 21 s 66\namd 2009 No. 24 s 587\n- (a) starting when it is given to the person concerned; and\n- (b) ending on the earlier of the following— (i) if the decision to give the direction is set aside on a review of the decision by the tribunal—when the decision is set aside; (ii) if a revocation notice for the direction takes effect under section 137F (6) —when the notice takes effect; (iii) if a decision, under section 137F , refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside; (iv) the day that is 5 years after the day the direction is given to the person.\n- (i) if the decision to give the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;\n- (ii) if a revocation notice for the direction takes effect under section 137F (6) —when the notice takes effect;\n- (iii) if a decision, under section 137F , refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;\n- (iv) the day that is 5 years after the day the direction is given to the person.\n- (i) if the decision to give the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;\n- (ii) if a revocation notice for the direction takes effect under section 137F (6) —when the notice takes effect;\n- (iii) if a decision, under section 137F , refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;\n- (iv) the day that is 5 years after the day the direction is given to the person.","sortOrder":187},{"sectionNumber":"sec.137E","sectionType":"section","heading":"Application to revoke exclusion direction","content":"### sec.137E Application to revoke exclusion direction\n\nThis section applies if a person is prohibited from participating as a player in authorised games conducted by a licensed provider under an exclusion direction.\nThe person may apply to the licensed provider for revocation of the direction.\nThe application may only be made at least 1 year after the day the person is given the direction.\nThe application must be—\nin the approved form; and\nsupported by enough information to enable the licensed provider to decide the application.\nA person may apply under this section only once each year commencing on the anniversary of the day the person was given the direction.\ns 137E ins 2004 No. 21 s 66\n(sec.137E-ssec.1) This section applies if a person is prohibited from participating as a player in authorised games conducted by a licensed provider under an exclusion direction.\n(sec.137E-ssec.2) The person may apply to the licensed provider for revocation of the direction.\n(sec.137E-ssec.3) The application may only be made at least 1 year after the day the person is given the direction.\n(sec.137E-ssec.4) The application must be— in the approved form; and supported by enough information to enable the licensed provider to decide the application.\n(sec.137E-ssec.5) A person may apply under this section only once each year commencing on the anniversary of the day the person was given the direction.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the licensed provider to decide the application.","sortOrder":188},{"sectionNumber":"sec.137F","sectionType":"section","heading":"Deciding application to revoke exclusion direction","content":"### sec.137F Deciding application to revoke exclusion direction\n\nThis section applies to an application under section 137E for revocation of an exclusion direction.\nThe licensed provider must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.\nIf the licensed provider fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the licensed provider to refuse to revoke the direction.\nIn considering the application, the licensed provider may have regard to the information supporting the application and any other information the licensed provider considers relevant, including, for example, a report of a psychologist.\nIf the licensed provider decides to revoke the direction, the licensed provider must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice ).\nA revocation notice takes effect when it is given to the applicant.\nIf the licensed provider decides to refuse to revoke the direction, the licensed provider must as soon as practicable give the applicant an information notice for the decision.\ns 137F ins 2004 No. 21 s 66 (amd 2005 No. 12 s 27 (3) )\n(sec.137F-ssec.1) This section applies to an application under section 137E for revocation of an exclusion direction.\n(sec.137F-ssec.2) The licensed provider must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.\n(sec.137F-ssec.3) If the licensed provider fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the licensed provider to refuse to revoke the direction.\n(sec.137F-ssec.4) In considering the application, the licensed provider may have regard to the information supporting the application and any other information the licensed provider considers relevant, including, for example, a report of a psychologist.\n(sec.137F-ssec.5) If the licensed provider decides to revoke the direction, the licensed provider must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice ).\n(sec.137F-ssec.6) A revocation notice takes effect when it is given to the applicant.\n(sec.137F-ssec.7) If the licensed provider decides to refuse to revoke the direction, the licensed provider must as soon as practicable give the applicant an information notice for the decision.","sortOrder":189},{"sectionNumber":"sec.137G","sectionType":"section","heading":"Particular persons not to participate in authorised games","content":"### sec.137G Particular persons not to participate in authorised games\n\nA person who is prohibited, under a self-exclusion order or an exclusion direction, from participating as a player in authorised games conducted by a licensed provider must not participate as a player in the games.\nMaximum penalty—40 penalty units.\ns 137G ins 2004 No. 21 s 66","sortOrder":190},{"sectionNumber":"sec.137H","sectionType":"section","heading":"Counselling","content":"### sec.137H Counselling\n\nThis section applies if a court finds a person (the defendant ) guilty of, or accepts a person’s plea of guilty for, an offence against section 137G .\nThe court may, if satisfied the defendant is a problem gambler, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.\nThe agreement—\nmust provide for counselling of a kind that may, in the court’s opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and\nmust provide for counselling over a period, of not more than 12 months, fixed by the court; and\nmust allow the counsellor a discretion to disclose to the court information about the defendant’s participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and\nmust provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.\nTo decide whether the defendant is a problem gambler and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist.\nIf the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty—\nas soon as practicable after the end of the period fixed for the counselling; or\nif, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or\nif, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report.\nIn making its decision on penalty after a postponement under this section, the court—\nmust consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and\nmay, for considering the matters mentioned in paragraph (a) , have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.\ns 137H ins 2004 No. 21 s 66\n(sec.137H-ssec.1) This section applies if a court finds a person (the defendant ) guilty of, or accepts a person’s plea of guilty for, an offence against section 137G .\n(sec.137H-ssec.2) The court may, if satisfied the defendant is a problem gambler, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.\n(sec.137H-ssec.3) The agreement— must provide for counselling of a kind that may, in the court’s opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and must provide for counselling over a period, of not more than 12 months, fixed by the court; and must allow the counsellor a discretion to disclose to the court information about the defendant’s participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.\n(sec.137H-ssec.4) To decide whether the defendant is a problem gambler and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist.\n(sec.137H-ssec.5) If the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty— as soon as practicable after the end of the period fixed for the counselling; or if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report.\n(sec.137H-ssec.6) In making its decision on penalty after a postponement under this section, the court— must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and may, for considering the matters mentioned in paragraph (a) , have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.\n- (a) must provide for counselling of a kind that may, in the court’s opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and\n- (b) must provide for counselling over a period, of not more than 12 months, fixed by the court; and\n- (c) must allow the counsellor a discretion to disclose to the court information about the defendant’s participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and\n- (d) must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.\n- (a) as soon as practicable after the end of the period fixed for the counselling; or\n- (b) if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or\n- (c) if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report.\n- (a) must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and\n- (b) may, for considering the matters mentioned in paragraph (a) , have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.","sortOrder":191},{"sectionNumber":"sec.137I","sectionType":"section","heading":"Obligation to prevent persons from participating in authorised games","content":"### sec.137I Obligation to prevent persons from participating in authorised games\n\nThis section applies to a licensed provider or an employee of the licensed provider if the licensed provider or employee knows that a person is prohibited, under a self-exclusion order or an exclusion direction, from participating as a player in authorised games conducted by the licensed provider.\nThe licensed provider or employee must take reasonable steps to prevent the person from participating as a player in the authorised games.\nMaximum penalty—\nfor a licensed provider—250 penalty units; or\nfor another person—40 penalty units.\ns 137I ins 2004 No. 21 s 66\n(sec.137I-ssec.1) This section applies to a licensed provider or an employee of the licensed provider if the licensed provider or employee knows that a person is prohibited, under a self-exclusion order or an exclusion direction, from participating as a player in authorised games conducted by the licensed provider.\n(sec.137I-ssec.2) The licensed provider or employee must take reasonable steps to prevent the person from participating as a player in the authorised games. Maximum penalty— for a licensed provider—250 penalty units; or for another person—40 penalty units.\n- (a) for a licensed provider—250 penalty units; or\n- (b) for another person—40 penalty units.","sortOrder":192},{"sectionNumber":"sec.137J","sectionType":"section","heading":"Register","content":"### sec.137J Register\n\nA licensed provider must keep a register, in the approved form, of persons who are prohibited from participating as a player in authorised games conducted by the licensed provider under a self-exclusion order or an exclusion direction.\nMaximum penalty—40 penalty units.\nThe licensed provider must keep the register available for inspection by an inspector.\ns 137J ins 2004 No. 21 s 66\n(sec.137J-ssec.1) A licensed provider must keep a register, in the approved form, of persons who are prohibited from participating as a player in authorised games conducted by the licensed provider under a self-exclusion order or an exclusion direction. Maximum penalty—40 penalty units.\n(sec.137J-ssec.2) The licensed provider must keep the register available for inspection by an inspector.","sortOrder":193},{"sectionNumber":"sec.137K","sectionType":"section","heading":"Report about prohibition under order or direction","content":"### sec.137K Report about prohibition under order or direction\n\nA regulation may require a licensed provider to give the chief executive a report about the prohibition of persons from participating as players in authorised games conducted by the provider under a self-exclusion order or an exclusion direction.\nThe report must be in the approved form.\nThe regulation may prescribe the times, and the way in which, the report is to be given to the chief executive.\nThe licensed provider must comply with the regulation.\nMaximum penalty—40 penalty units.\ns 137K ins 2004 No. 21 s 66 (amd 2005 No. 12 s 27 (4) )\n(sec.137K-ssec.1) A regulation may require a licensed provider to give the chief executive a report about the prohibition of persons from participating as players in authorised games conducted by the provider under a self-exclusion order or an exclusion direction.\n(sec.137K-ssec.2) The report must be in the approved form.\n(sec.137K-ssec.3) The regulation may prescribe the times, and the way in which, the report is to be given to the chief executive.\n(sec.137K-ssec.4) The licensed provider must comply with the regulation. Maximum penalty—40 penalty units.","sortOrder":194},{"sectionNumber":"sec.137L","sectionType":"section","heading":"Distributing promotional or advertising material about authorised games","content":"### sec.137L Distributing promotional or advertising material about authorised games\n\nA licensed provider must not distribute promotional or advertising material about authorised games conducted by the provider to persons who the provider knows or ought reasonably to know are prohibited from participating as a player in the authorised games under a self-exclusion order or exclusion direction.\nMaximum penalty—40 penalty units.\ns 137L ins 2009 No. 41 s 54","sortOrder":195},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Gambling records","content":"## Gambling records","sortOrder":196},{"sectionNumber":"sec.138","sectionType":"section","heading":"Notices about keeping gambling records","content":"### sec.138 Notices about keeping gambling records\n\nThe chief executive may, by written notice given to a licensed provider—\napprove a place (the approved place ) nominated by the licensed provider (other than the licensed provider’s public office) as a place for keeping the licensed provider’s gambling records; or\nspecify a gambling record of the licensed provider (an exempt gambling record ) that is not required to be kept at the licensed provider’s public office or an approved place; or\nspecify a gambling record of the licensed provider that may be kept temporarily at a place other than the licensed provider’s public office or an approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or\napprove the keeping of information contained in a gambling record in a way different from the way the information was kept when the record was being used by the licensed provider; or\napprove the destruction of a gambling record the chief executive considers need not be kept.\nA gambling record mentioned in subsection (1) (c) is also an exempt gambling record —\nfor the period stated in the notice; or\nwhile the circumstances stated in the notice exist.\nThe chief executive may specify a gambling record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the record to be kept at a place other than the licensed provider’s public office or an approved place.\nThe exercise of the chief executive’s power under subsection (1) (d) or (e) is subject to any other law about the retention or destruction of the gambling record.\n(sec.138-ssec.1) The chief executive may, by written notice given to a licensed provider— approve a place (the approved place ) nominated by the licensed provider (other than the licensed provider’s public office) as a place for keeping the licensed provider’s gambling records; or specify a gambling record of the licensed provider (an exempt gambling record ) that is not required to be kept at the licensed provider’s public office or an approved place; or specify a gambling record of the licensed provider that may be kept temporarily at a place other than the licensed provider’s public office or an approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or approve the keeping of information contained in a gambling record in a way different from the way the information was kept when the record was being used by the licensed provider; or approve the destruction of a gambling record the chief executive considers need not be kept.\n(sec.138-ssec.2) A gambling record mentioned in subsection (1) (c) is also an exempt gambling record — for the period stated in the notice; or while the circumstances stated in the notice exist.\n(sec.138-ssec.3) The chief executive may specify a gambling record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the record to be kept at a place other than the licensed provider’s public office or an approved place.\n(sec.138-ssec.4) The exercise of the chief executive’s power under subsection (1) (d) or (e) is subject to any other law about the retention or destruction of the gambling record.\n- (a) approve a place (the approved place ) nominated by the licensed provider (other than the licensed provider’s public office) as a place for keeping the licensed provider’s gambling records; or\n- (b) specify a gambling record of the licensed provider (an exempt gambling record ) that is not required to be kept at the licensed provider’s public office or an approved place; or\n- (c) specify a gambling record of the licensed provider that may be kept temporarily at a place other than the licensed provider’s public office or an approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or\n- (d) approve the keeping of information contained in a gambling record in a way different from the way the information was kept when the record was being used by the licensed provider; or\n- (e) approve the destruction of a gambling record the chief executive considers need not be kept.\n- (a) for the period stated in the notice; or\n- (b) while the circumstances stated in the notice exist.","sortOrder":197},{"sectionNumber":"sec.139","sectionType":"section","heading":"Gambling records to be kept at certain place","content":"### sec.139 Gambling records to be kept at certain place\n\nA licensed provider must keep the licensed provider’s gambling records at—\nthe licensed provider’s public office; or\nat an approved place for the records.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to an exempt gambling record.\n(sec.139-ssec.1) A licensed provider must keep the licensed provider’s gambling records at— the licensed provider’s public office; or at an approved place for the records. Maximum penalty—40 penalty units.\n(sec.139-ssec.2) Subsection (1) does not apply to an exempt gambling record.\n- (a) the licensed provider’s public office; or\n- (b) at an approved place for the records.","sortOrder":198},{"sectionNumber":"sec.140","sectionType":"section","heading":"Gambling records to be kept for required period","content":"### sec.140 Gambling records to be kept for required period\n\nA licensed provider must keep a gambling record for 5 years after the end of the transaction to which the record relates.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a gambling record if the information previously contained in the record is kept in another way under an approval of the chief executive.\nAlso, subsection (1) does not apply to a gambling record that has been destroyed under an approval of the chief executive.\nSubsection (1) has effect subject to any other law about the retention or destruction of the gambling record.\n(sec.140-ssec.1) A licensed provider must keep a gambling record for 5 years after the end of the transaction to which the record relates. Maximum penalty—40 penalty units.\n(sec.140-ssec.2) Subsection (1) does not apply to a gambling record if the information previously contained in the record is kept in another way under an approval of the chief executive.\n(sec.140-ssec.3) Also, subsection (1) does not apply to a gambling record that has been destroyed under an approval of the chief executive.\n(sec.140-ssec.4) Subsection (1) has effect subject to any other law about the retention or destruction of the gambling record.","sortOrder":199},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Financial accounts, statements and reports","content":"## Financial accounts, statements and reports","sortOrder":200},{"sectionNumber":"sec.141","sectionType":"section","heading":"Keeping of accounts","content":"### sec.141 Keeping of accounts\n\nA licensed provider must—\nkeep accounting records that correctly record and explain the transactions and financial position for the licensed provider’s operations conducted under the interactive gambling licence; and\nkeep the accounting records in a way that allows—\ntrue and fair financial statements and accounts to be prepared from time to time; and\nthe financial statements and accounts to be conveniently and properly audited.\nMaximum penalty—40 penalty units.\n- (a) keep accounting records that correctly record and explain the transactions and financial position for the licensed provider’s operations conducted under the interactive gambling licence; and\n- (b) keep the accounting records in a way that allows— (i) true and fair financial statements and accounts to be prepared from time to time; and (ii) the financial statements and accounts to be conveniently and properly audited.\n- (i) true and fair financial statements and accounts to be prepared from time to time; and\n- (ii) the financial statements and accounts to be conveniently and properly audited.\n- (i) true and fair financial statements and accounts to be prepared from time to time; and\n- (ii) the financial statements and accounts to be conveniently and properly audited.","sortOrder":201},{"sectionNumber":"sec.142","sectionType":"section","heading":"Preparation of financial statements and accounts","content":"### sec.142 Preparation of financial statements and accounts\n\nA licensed provider must prepare financial statements and accounts as required by this section giving a true and fair view of the licensed provider’s financial operations conducted under the interactive gambling licence.\nMaximum penalty—40 penalty units.\nThe financial statements and accounts must include the following—\ntrading accounts, if applicable, for each financial year;\nprofit and loss accounts for each financial year;\na balance sheet as at the end of each financial year.\n(sec.142-ssec.1) A licensed provider must prepare financial statements and accounts as required by this section giving a true and fair view of the licensed provider’s financial operations conducted under the interactive gambling licence. Maximum penalty—40 penalty units.\n(sec.142-ssec.2) The financial statements and accounts must include the following— trading accounts, if applicable, for each financial year; profit and loss accounts for each financial year; a balance sheet as at the end of each financial year.\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.","sortOrder":202},{"sectionNumber":"sec.143","sectionType":"section","heading":"Submission of reports","content":"### sec.143 Submission of reports\n\nA licensed provider must give reports to the chief executive as required by this section about the licensed provider’s operations under the interactive gambling licence.\nMaximum penalty—40 penalty units.\nThe reports must be given at the times stated in a written notice given to the licensed provider by the chief executive.\nA report must be in the approved form.\nThe chief executive may, by written notice given to a licensed provider, require the provider to give the chief executive further information about a report within the time stated in the notice to help the chief executive acquire a proper appreciation of the licensed provider’s operations.\nA licensed provider must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensed provider has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA licensed provider must not give the chief executive a report containing information, or further information about a report, the licensed provider knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (6) does not apply to a licensed provider if the provider, when giving the report or further information—\ninforms the chief executive in writing, to the best of the provider’s ability, how the return or information is false, misleading or incomplete; and\nif the provider has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint of an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.\n(sec.143-ssec.1) A licensed provider must give reports to the chief executive as required by this section about the licensed provider’s operations under the interactive gambling licence. Maximum penalty—40 penalty units.\n(sec.143-ssec.2) The reports must be given at the times stated in a written notice given to the licensed provider by the chief executive.\n(sec.143-ssec.3) A report must be in the approved form.\n(sec.143-ssec.4) The chief executive may, by written notice given to a licensed provider, require the provider to give the chief executive further information about a report within the time stated in the notice to help the chief executive acquire a proper appreciation of the licensed provider’s operations.\n(sec.143-ssec.5) A licensed provider must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensed provider has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.143-ssec.6) A licensed provider must not give the chief executive a report containing information, or further information about a report, the licensed provider knows to be false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units.\n(sec.143-ssec.7) Subsection (6) does not apply to a licensed provider if the provider, when giving the report or further information— informs the chief executive in writing, to the best of the provider’s ability, how the return or information is false, misleading or incomplete; and if the provider has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.143-ssec.8) It is enough for a complaint of an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.\n- (a) informs the chief executive in writing, to the best of the provider’s ability, how the return or information is false, misleading or incomplete; and\n- (b) if the provider has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":203},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Financial institutions accounts","content":"## Financial institutions accounts","sortOrder":204},{"sectionNumber":"sec.144","sectionType":"section","heading":"Keeping of accounts","content":"### sec.144 Keeping of accounts\n\nA licensed provider must keep a financial institution account, or financial institution accounts, approved by the chief executive for use for all banking or similar transactions for the operations conducted under the interactive gambling licence.\nMaximum penalty—40 penalty units.","sortOrder":205},{"sectionNumber":"sec.145","sectionType":"section","heading":"Use of accounts","content":"### sec.145 Use of accounts\n\nA licensed provider must not use a financial institution account approved by the chief executive other than for a purpose for which it is approved.\nMaximum penalty—40 penalty units.","sortOrder":206},{"sectionNumber":"pt.7-div.9","sectionType":"division","heading":"Audit","content":"## Audit","sortOrder":207},{"sectionNumber":"sec.146","sectionType":"section","heading":"Audit of licensed provider’s operations","content":"### sec.146 Audit of licensed provider’s operations\n\nAs soon as practicable after the end of a financial year, a licensed provider must, at the licensed provider’s own expense, cause the books, accounts and financial statements for the operations conducted under the interactive gambling licence for the financial year to be audited by a registered company auditor.\nMaximum penalty—40 penalty units.","sortOrder":208},{"sectionNumber":"sec.147","sectionType":"section","heading":"Completion of audit","content":"### sec.147 Completion of audit\n\nThe auditor must—\ncomplete the audit within 3 months after the end of the financial year; and\nimmediately after completion of the audit, give a copy of the audit report to the chief executive and the licensed provider.\nMaximum penalty—40 penalty units.\nSubsection (1) (a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.\n(sec.147-ssec.1) The auditor must— complete the audit within 3 months after the end of the financial year; and immediately after completion of the audit, give a copy of the audit report to the chief executive and the licensed provider. Maximum penalty—40 penalty units.\n(sec.147-ssec.2) Subsection (1) (a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.\n- (a) complete the audit within 3 months after the end of the financial year; and\n- (b) immediately after completion of the audit, give a copy of the audit report to the chief executive and the licensed provider.","sortOrder":209},{"sectionNumber":"sec.148","sectionType":"section","heading":"Further information following audit","content":"### sec.148 Further information following audit\n\nOn receiving a copy of the audit report, the chief executive may, by written notice given to the licensed provider, require the licensed provider to give the chief executive further information about a matter relating to the licensed provider’s operations mentioned in the audit report.\nA licensed provider must comply with a requirement under subsection (1) within the time stated in the notice, unless the licensed provider has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.148-ssec.1) On receiving a copy of the audit report, the chief executive may, by written notice given to the licensed provider, require the licensed provider to give the chief executive further information about a matter relating to the licensed provider’s operations mentioned in the audit report.\n(sec.148-ssec.2) A licensed provider must comply with a requirement under subsection (1) within the time stated in the notice, unless the licensed provider has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":210},{"sectionNumber":"pt.7-div.10","sectionType":"division","heading":"Ancillary and related agreements","content":"## Ancillary and related agreements","sortOrder":211},{"sectionNumber":"sec.149","sectionType":"section","heading":"Ancillary gambling agreement","content":"### sec.149 Ancillary gambling agreement\n\nAn ancillary gambling agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to a licensed provider a thing or service in return for a direct or indirect interest in, or percentage or share of—\namounts received by the licensed provider in the course of the licensed provider’s business; or\nthe revenue, profit or earnings derived by the licensed provider from the licensed provider’s business.\nHowever, an ancillary gambling agreement does not include an agency agreement.\nA licensed provider must not enter into, or be a party to, an ancillary gambling agreement without the written approval of the chief executive.\nMaximum penalty—40 penalty units.\nHowever, the chief executive’s approval is not required for an agreement if—\nthe chief executive considers the agreement to be an agreement of minor importance; or\nthe agreement is of a class excluded from the application of this section under a regulation.\n(sec.149-ssec.1) An ancillary gambling agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to a licensed provider a thing or service in return for a direct or indirect interest in, or percentage or share of— amounts received by the licensed provider in the course of the licensed provider’s business; or the revenue, profit or earnings derived by the licensed provider from the licensed provider’s business.\n(sec.149-ssec.2) However, an ancillary gambling agreement does not include an agency agreement.\n(sec.149-ssec.3) A licensed provider must not enter into, or be a party to, an ancillary gambling agreement without the written approval of the chief executive. Maximum penalty—40 penalty units.\n(sec.149-ssec.4) However, the chief executive’s approval is not required for an agreement if— the chief executive considers the agreement to be an agreement of minor importance; or the agreement is of a class excluded from the application of this section under a regulation.\n- (a) amounts received by the licensed provider in the course of the licensed provider’s business; or\n- (b) the revenue, profit or earnings derived by the licensed provider from the licensed provider’s business.\n- (a) the chief executive considers the agreement to be an agreement of minor importance; or\n- (b) the agreement is of a class excluded from the application of this section under a regulation.","sortOrder":212},{"sectionNumber":"sec.150","sectionType":"section","heading":"Approval of ancillary gambling agreements","content":"### sec.150 Approval of ancillary gambling agreements\n\nA licensed provider may apply to the chief executive for approval to enter into an ancillary gambling agreement.\nThe chief executive may give the approval if the chief executive considers it appropriate or desirable in all the circumstances for the licensed provider to enter into the agreement.\nAn approval must be in writing.\n(sec.150-ssec.1) A licensed provider may apply to the chief executive for approval to enter into an ancillary gambling agreement.\n(sec.150-ssec.2) The chief executive may give the approval if the chief executive considers it appropriate or desirable in all the circumstances for the licensed provider to enter into the agreement.\n(sec.150-ssec.3) An approval must be in writing.","sortOrder":213},{"sectionNumber":"sec.151","sectionType":"section","heading":"Review of related agreements","content":"### sec.151 Review of related agreements\n\nThe chief executive may, by written notice given to a licensed provider, require the licensed provider to give to the chief executive, within the time stated in the notice—\nthe information stated in the notice about a related agreement to which the licensed provider is a party; and\nif the agreement is in writing—a copy of the agreement.\nWithout limiting subsection (1) , the information the chief executive may require to be given about a related agreement includes the following—\nthe names of the parties;\na description of any property, goods or other things, or any services, supplied or to be supplied;\nthe value or nature of the consideration;\nthe term of the agreement.\nThe licensed provider must comply with the requirement within the time stated in the notice, unless the licensed provider has a reasonable excuse.\n(sec.151-ssec.1) The chief executive may, by written notice given to a licensed provider, require the licensed provider to give to the chief executive, within the time stated in the notice— the information stated in the notice about a related agreement to which the licensed provider is a party; and if the agreement is in writing—a copy of the agreement.\n(sec.151-ssec.2) Without limiting subsection (1) , the information the chief executive may require to be given about a related agreement includes the following— the names of the parties; a description of any property, goods or other things, or any services, supplied or to be supplied; the value or nature of the consideration; the term of the agreement.\n(sec.151-ssec.3) The licensed provider must comply with the requirement within the time stated in the notice, unless the licensed provider has a reasonable excuse.\n- (a) the information stated in the notice about a related agreement to which the licensed provider is a party; and\n- (b) if the agreement is in writing—a copy of the agreement.\n- (a) the names of the parties;\n- (b) a description of any property, goods or other things, or any services, supplied or to be supplied;\n- (c) the value or nature of the consideration;\n- (d) the term of the agreement.","sortOrder":214},{"sectionNumber":"sec.152","sectionType":"section","heading":"Show cause notice for related agreement","content":"### sec.152 Show cause notice for related agreement\n\nThis section applies if, after considering the information given to the chief executive about a related agreement and, if appropriate, the contents of the agreement, the chief executive believes the continuance of the agreement—\nmay jeopardise the integrity of the conduct of interactive games by the licensed provider who is a party to the agreement; or\nmay affect the public interest adversely.\nThe chief executive must give the licensed provider who is a party to the agreement a written notice (a show cause notice ) that—\nstates that the chief executive proposes to take action to direct the termination of the agreement (the proposed action ); and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\ninvites the licensed provider to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the notice is given.\nThe chief executive must promptly give a copy of the show cause notice to each other person (an interested person ) who is a party to the agreement.\nAn interested person may make representations about the notice to the chief executive in the show cause period.\nThe chief executive must consider all written representations (the accepted representations ) made during the show cause period by the licensed provider or an interested person.\n(sec.152-ssec.1) This section applies if, after considering the information given to the chief executive about a related agreement and, if appropriate, the contents of the agreement, the chief executive believes the continuance of the agreement— may jeopardise the integrity of the conduct of interactive games by the licensed provider who is a party to the agreement; or may affect the public interest adversely.\n(sec.152-ssec.2) The chief executive must give the licensed provider who is a party to the agreement a written notice (a show cause notice ) that— states that the chief executive proposes to take action to direct the termination of the agreement (the proposed action ); and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and invites the licensed provider to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.152-ssec.3) The show cause period must be a period ending at least 21 days after the notice is given.\n(sec.152-ssec.4) The chief executive must promptly give a copy of the show cause notice to each other person (an interested person ) who is a party to the agreement.\n(sec.152-ssec.5) An interested person may make representations about the notice to the chief executive in the show cause period.\n(sec.152-ssec.6) The chief executive must consider all written representations (the accepted representations ) made during the show cause period by the licensed provider or an interested person.\n- (a) may jeopardise the integrity of the conduct of interactive games by the licensed provider who is a party to the agreement; or\n- (b) may affect the public interest adversely.\n- (a) states that the chief executive proposes to take action to direct the termination of the agreement (the proposed action ); and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the grounds; and\n- (d) invites the licensed provider to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":215},{"sectionNumber":"sec.153","sectionType":"section","heading":"Direction to terminate related agreement","content":"### sec.153 Direction to terminate related agreement\n\nThe chief executive may direct the termination of a related agreement if, after considering the accepted representations for a show cause notice, the chief executive still believes the continuance of the agreement—\nmay jeopardise the integrity of the conduct of interactive games by the licensed provider who is a party to the agreement; or\nmay affect the public interest adversely.\nThe direction must be given by written notice to each of the parties to the agreement.\nThe notice must state—\nthe reason for the decision to direct the termination of the related agreement; and\nthe time within which the agreement is required to be terminated.\nIf the agreement is not terminated within the time stated in the notice, it is terminated at the end of the time by this Act.\nThe termination of the agreement under the direction or by this Act does not affect any rights or liabilities acquired or incurred by a party to the agreement before the termination.\nThe State does not incur any liability if the agreement is terminated under the direction or by this Act.\nA party to the agreement does not incur any liability for breach of the agreement because the agreement is terminated under the direction.\n(sec.153-ssec.1) The chief executive may direct the termination of a related agreement if, after considering the accepted representations for a show cause notice, the chief executive still believes the continuance of the agreement— may jeopardise the integrity of the conduct of interactive games by the licensed provider who is a party to the agreement; or may affect the public interest adversely.\n(sec.153-ssec.2) The direction must be given by written notice to each of the parties to the agreement.\n(sec.153-ssec.3) The notice must state— the reason for the decision to direct the termination of the related agreement; and the time within which the agreement is required to be terminated.\n(sec.153-ssec.4) If the agreement is not terminated within the time stated in the notice, it is terminated at the end of the time by this Act.\n(sec.153-ssec.5) The termination of the agreement under the direction or by this Act does not affect any rights or liabilities acquired or incurred by a party to the agreement before the termination.\n(sec.153-ssec.6) The State does not incur any liability if the agreement is terminated under the direction or by this Act.\n(sec.153-ssec.7) A party to the agreement does not incur any liability for breach of the agreement because the agreement is terminated under the direction.\n- (a) may jeopardise the integrity of the conduct of interactive games by the licensed provider who is a party to the agreement; or\n- (b) may affect the public interest adversely.\n- (a) the reason for the decision to direct the termination of the related agreement; and\n- (b) the time within which the agreement is required to be terminated.","sortOrder":216},{"sectionNumber":"pt.7-div.11","sectionType":"division","heading":"Official supervision","content":"## Official supervision","sortOrder":217},{"sectionNumber":"sec.154","sectionType":"section","heading":"Monitoring operations","content":"### sec.154 Monitoring operations\n\nA licensed provider must, at the request of the chief executive, do anything reasonably necessary to allow an inspector to monitor the licensed provider’s operations.","sortOrder":218},{"sectionNumber":"sec.155","sectionType":"section","heading":"Presence of inspector at certain operations","content":"### sec.155 Presence of inspector at certain operations\n\nThe chief executive may take action under this section to ensure the integrity of the conduct of an authorised game.\nThe chief executive may, by written notice given to a licensed provider, direct the licensed provider not to do a stated thing in the conduct of an authorised game unless an inspector is present.\nThe licensed provider must comply with the direction.\nMaximum penalty for subsection (3) —40 penalty units.\n(sec.155-ssec.1) The chief executive may take action under this section to ensure the integrity of the conduct of an authorised game.\n(sec.155-ssec.2) The chief executive may, by written notice given to a licensed provider, direct the licensed provider not to do a stated thing in the conduct of an authorised game unless an inspector is present.\n(sec.155-ssec.3) The licensed provider must comply with the direction. Maximum penalty for subsection (3) —40 penalty units.","sortOrder":219},{"sectionNumber":"pt.7-div.12","sectionType":"division","heading":"Prizes","content":"## Prizes","sortOrder":220},{"sectionNumber":"sec.156","sectionType":"section","heading":"Payment or collection of prizes","content":"### sec.156 Payment or collection of prizes\n\nIf a player in an authorised game conducted by a licensed provider wins a monetary prize, the licensed provider must immediately credit the amount of the prize to the player.\nIf a player in an authorised game conducted by a licensed provider wins a non-monetary prize, or a player without a player’s account wins a monetary prize, the provider must—\nhave the prize delivered personally or by post to the player; or\ngive the player written notice of an address in Queensland at which the prize may be collected.\n(sec.156-ssec.1) If a player in an authorised game conducted by a licensed provider wins a monetary prize, the licensed provider must immediately credit the amount of the prize to the player.\n(sec.156-ssec.2) If a player in an authorised game conducted by a licensed provider wins a non-monetary prize, or a player without a player’s account wins a monetary prize, the provider must— have the prize delivered personally or by post to the player; or give the player written notice of an address in Queensland at which the prize may be collected.\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 Queensland at which the prize may be collected.","sortOrder":221},{"sectionNumber":"sec.157","sectionType":"section","heading":"Disposal of unclaimed non-monetary prizes","content":"### sec.157 Disposal of unclaimed non-monetary prizes\n\nThis section applies to a non-monetary prize in an authorised game conducted by a licensed provider that is not collected within 3 months after notification of the place at which it may be collected.\nThe licensed provider—\nmay dispose of the prize by public auction or tender or in some other way approved by the chief executive; and\nmay pay for the disposal from the proceeds of sale; and\nmust—\npay the remainder of the proceeds into the relevant player’s account; or\nif there is no current player’s account—remit the remainder of the proceeds to the former player; or\nif there is no current player’s account and the licensed provider is unaware of the whereabouts of the former player—pay the remainder of the proceeds into an account at the department designated under a regulation as the account to which payments are to be made under this subparagraph.\n(sec.157-ssec.1) This section applies to a non-monetary prize in an authorised game conducted by a licensed provider that is not collected within 3 months after notification of the place at which it may be collected.\n(sec.157-ssec.2) The licensed provider— may dispose of the prize by public auction or tender or in some other way approved by the chief executive; and may pay for the disposal from the proceeds of sale; and must— pay the remainder of the proceeds into the relevant player’s account; or if there is no current player’s account—remit the remainder of the proceeds to the former player; or if there is no current player’s account and the licensed provider is unaware of the whereabouts of the former player—pay the remainder of the proceeds into an account at the department designated under a regulation as the account to which payments are to be made under this subparagraph.\n- (a) may dispose of the prize by public auction or tender or in some other way approved by the chief executive; and\n- (b) may pay for the disposal from the proceeds of sale; and\n- (c) must— (i) pay the remainder of the proceeds into the relevant player’s account; or (ii) if there is no current player’s account—remit the remainder of the proceeds to the former player; or (iii) if there is no current player’s account and the licensed provider is unaware of the whereabouts of the former player—pay the remainder of the proceeds into an account at the department designated under a regulation as the account to which payments are to be made under this subparagraph.\n- (i) pay the remainder of the proceeds into the relevant player’s account; or\n- (ii) if there is no current player’s account—remit the remainder of the proceeds to the former player; or\n- (iii) if there is no current player’s account and the licensed provider is unaware of the whereabouts of the former player—pay the remainder of the proceeds into an account at the department designated under a regulation as the account to which payments are to be made under this subparagraph.\n- (i) pay the remainder of the proceeds into the relevant player’s account; or\n- (ii) if there is no current player’s account—remit the remainder of the proceeds to the former player; or\n- (iii) if there is no current player’s account and the licensed provider is unaware of the whereabouts of the former player—pay the remainder of the proceeds into an account at the department designated under a regulation as the account to which payments are to be made under this subparagraph.","sortOrder":222},{"sectionNumber":"sec.158","sectionType":"section","heading":"Claims for prize","content":"### sec.158 Claims for prize\n\nIf a claim for a prize in an authorised game is made to a licensed provider within 5 years after the end of the game, the licensed provider must—\nimmediately try to resolve the claim; and\nif the licensed provider is not able to resolve the claim—by written notice (a claim result notice ) given to the claimant, promptly inform the claimant—\nof the licensed provider’s decision on the claim; and\nthat the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\nIf the claim is not resolved, the claimant may ask the chief executive to review the licensed provider’s decision on the claim, or if the claimant has not received a claim result notice, to resolve the claim.\nA request to the chief executive under subsection (2) —\nmust be in the approved form; and\nif the claimant received a claim result notice—must be made within 10 days after receiving the notice.\nIf a request is made to the chief executive, the chief executive—\nmust deal with the request in the way prescribed under a regulation; and\nmay carry out investigations the chief executive considers necessary to resolve matters in dispute.\n(sec.158-ssec.1) If a claim for a prize in an authorised game is made to a licensed provider within 5 years after the end of the game, the licensed provider must— immediately try to resolve the claim; and if the licensed provider is not able to resolve the claim—by written notice (a claim result notice ) given to the claimant, promptly inform the claimant— of the licensed provider’s decision on the claim; and that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\n(sec.158-ssec.2) If the claim is not resolved, the claimant may ask the chief executive to review the licensed provider’s decision on the claim, or if the claimant has not received a claim result notice, to resolve the claim.\n(sec.158-ssec.3) A request to the chief executive under subsection (2) — must be in the approved form; and if the claimant received a claim result notice—must be made within 10 days after receiving the notice.\n(sec.158-ssec.4) If a request is made to the chief executive, the chief executive— must deal with the request in the way prescribed under a regulation; and may carry out investigations the chief executive considers necessary to resolve matters in dispute.\n- (a) immediately try to resolve the claim; and\n- (b) if the licensed provider is not able to resolve the claim—by written notice (a claim result notice ) given to the claimant, promptly inform the claimant— (i) of the licensed provider’s decision on the claim; and (ii) that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\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, ask the chief executive to review the decision.\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, ask the chief executive to review the decision.\n- (a) must be in the approved form; and\n- (b) if the claimant received a claim result notice—must be made within 10 days after receiving the notice.\n- (a) must deal with the request in the way prescribed under a regulation; and\n- (b) may carry out investigations the chief executive considers necessary to resolve matters in dispute.","sortOrder":223},{"sectionNumber":"sec.159","sectionType":"section","heading":"Entitlement to prize lapses if not claimed within 5 years","content":"### sec.159 Entitlement to prize lapses if not claimed within 5 years\n\nIf a prize is not claimed within 5 years after the end of the authorised game in which the prize was won, the entitlement to the prize is extinguished and the prize is forfeited to the State.","sortOrder":224},{"sectionNumber":"pt.7-div.13","sectionType":"division","heading":"Interrupted and aborted games","content":"## Interrupted and aborted games","sortOrder":225},{"sectionNumber":"sec.159A","sectionType":"section","heading":"Interrupted games","content":"### sec.159A Interrupted games\n\nThis section applies if, after making a wager in an authorised game conducted by a licensed provider, a player’s participation in the game is interrupted by a failure of an operating or telecommunication system that prevents the player from continuing with the game.\nThe licensed provider must—\ninform the player the game (the interrupted game ) has not been finished; and\nat any time after operation of the operating or telecommunication system is restored and before the period (the game completion period ) prescribed under a regulation ends, allow the player to continue with the game.\nAlso, the licensed provider must not allow the player—\nto continue with the interrupted game after the end of the game completion period; or\nto participate in another authorised game conducted by the provider until the earlier of the following—\nthe interrupted game is finished;\nthe game completion period for the interrupted game ends.\nIf the interrupted game is not finished in the game completion period, the licensed provider must pay the amount of the wager for the game to the chief executive.\nIf an amount of the wager is not paid by the licensed provider to the chief executive as required under subsection (4) , the State may recover the amount from the provider as a debt.\ns 159A ins 1999 No. 77 s 180\n(sec.159A-ssec.1) This section applies if, after making a wager in an authorised game conducted by a licensed provider, a player’s participation in the game is interrupted by a failure of an operating or telecommunication system that prevents the player from continuing with the game.\n(sec.159A-ssec.2) The licensed provider must— inform the player the game (the interrupted game ) has not been finished; and at any time after operation of the operating or telecommunication system is restored and before the period (the game completion period ) prescribed under a regulation ends, allow the player to continue with the game.\n(sec.159A-ssec.3) Also, the licensed provider must not allow the player— to continue with the interrupted game after the end of the game completion period; or to participate in another authorised game conducted by the provider until the earlier of the following— the interrupted game is finished; the game completion period for the interrupted game ends.\n(sec.159A-ssec.4) If the interrupted game is not finished in the game completion period, the licensed provider must pay the amount of the wager for the game to the chief executive.\n(sec.159A-ssec.5) If an amount of the wager is not paid by the licensed provider to the chief executive as required under subsection (4) , the State may recover the amount from the provider as a debt.\n- (a) inform the player the game (the interrupted game ) has not been finished; and\n- (b) at any time after operation of the operating or telecommunication system is restored and before the period (the game completion period ) prescribed under a regulation ends, allow the player to continue with the game.\n- (a) to continue with the interrupted game after the end of the game completion period; or\n- (b) to participate in another authorised game conducted by the provider until the earlier of the following— (i) the interrupted game is finished; (ii) the game completion period for the interrupted game ends.\n- (i) the interrupted game is finished;\n- (ii) the game completion period for the interrupted game ends.\n- (i) the interrupted game is finished;\n- (ii) the game completion period for the interrupted game ends.","sortOrder":226},{"sectionNumber":"sec.160","sectionType":"section","heading":"Aborted games","content":"### sec.160 Aborted games\n\nIf an authorised game conducted by a licensed provider is started but miscarries because of human error, or a failure of an operating or telecommunication system, the licensed provider—\nmust immediately inform the chief executive of the circumstances of the incident; and\nmust not conduct a further game if the game is likely to be affected by the same error or fault.\nAfter investigating the incident, the chief executive may, by written notice to the licensed provider—\ndirect the licensed provider to—\nrefund the amounts wagered in the game to the players; and\nif a player has an accrued credit at the time the game miscarries—pay to the player the monetary value of the credit; or\ngive the licensed provider other directions the chief executive considers appropriate in the circumstances.\nThe licensed provider must comply with a direction under subsection (3) .\nIf a player entitled to a refund or other payment under this section has a player’s account, the amount must be paid into the account.\ns 160 amd 1999 No. 77 s 181\n(sec.160-ssec.2) If an authorised game conducted by a licensed provider is started but miscarries because of human error, or a failure of an operating or telecommunication system, the licensed provider— must immediately inform the chief executive of the circumstances of the incident; and must not conduct a further game if the game is likely to be affected by the same error or fault.\n(sec.160-ssec.3) After investigating the incident, the chief executive may, by written notice to the licensed provider— direct the licensed provider to— refund the amounts wagered in the game to the players; and if a player has an accrued credit at the time the game miscarries—pay to the player the monetary value of the credit; or give the licensed provider other directions the chief executive considers appropriate in the circumstances.\n(sec.160-ssec.4) The licensed provider must comply with a direction under subsection (3) .\n(sec.160-ssec.5) If a player entitled to a refund or other payment under this section has a player’s account, the amount must be paid into the account.\n- (a) must immediately inform the chief executive of the circumstances of the incident; and\n- (b) must not conduct a further game if the game is likely to be affected by the same error or fault.\n- (a) direct the licensed provider to— (i) refund the amounts wagered in the game to the players; and (ii) if a player has an accrued credit at the time the game miscarries—pay to the player the monetary value of the credit; or\n- (i) refund the amounts wagered in the game to the players; and\n- (ii) if a player has an accrued credit at the time the game miscarries—pay to the player the monetary value of the credit; or\n- (b) give the licensed provider other directions the chief executive considers appropriate in the circumstances.\n- (i) refund the amounts wagered in the game to the players; and\n- (ii) if a player has an accrued credit at the time the game miscarries—pay to the player the monetary value of the credit; or","sortOrder":227},{"sectionNumber":"sec.161","sectionType":"section","heading":"Power to withhold prize in certain cases","content":"### sec.161 Power to withhold prize in certain cases\n\nIf a licensed provider has reason to believe that the result of an authorised game has been affected by an illegal activity or malfunction of equipment, the licensed provider may withhold a prize in the game.\nIf a licensed provider withholds a prize under this section, the licensed provider—\nmust immediately inform the chief executive of the circumstances of the incident; and\nmust not conduct a further game if a recurrence of the illegality or malfunction is likely.\nAfter investigating the incident, the chief executive may, by written notice to the licensed provider—\ndirect the licensed provider to pay the prize; or\nconfirm the licensed provider’s decision to withhold the prize, but direct the licensed provider to refund amounts wagered in the game.\nThe licensed provider must comply with a direction under subsection (3) .\n(sec.161-ssec.1) If a licensed provider has reason to believe that the result of an authorised game has been affected by an illegal activity or malfunction of equipment, the licensed provider may withhold a prize in the game.\n(sec.161-ssec.2) If a licensed provider withholds a prize under this section, the licensed provider— must immediately inform the chief executive of the circumstances of the incident; and must not conduct a further game if a recurrence of the illegality or malfunction is likely.\n(sec.161-ssec.3) After investigating the incident, the chief executive may, by written notice to the licensed provider— direct the licensed provider to pay the prize; or confirm the licensed provider’s decision to withhold the prize, but direct the licensed provider to refund amounts wagered in the game.\n(sec.161-ssec.4) The licensed provider must comply with a direction under subsection (3) .\n- (a) must immediately inform the chief executive of the circumstances of the incident; and\n- (b) must not conduct a further game if a recurrence of the illegality or malfunction is likely.\n- (a) direct the licensed provider to pay the prize; or\n- (b) confirm the licensed provider’s decision to withhold the prize, but direct the licensed provider to refund amounts wagered in the game.","sortOrder":228},{"sectionNumber":"pt.7-div.14","sectionType":"division","heading":"Approval and use of regulated interactive gambling equipment","content":"## Approval and use of regulated interactive gambling equipment","sortOrder":229},{"sectionNumber":"sec.162","sectionType":"section","heading":"Approval of regulated interactive gambling equipment","content":"### sec.162 Approval of regulated interactive gambling equipment\n\nA person may apply to the chief executive—\nfor an approval for regulated interactive gambling equipment proposed to be used in the conduct of authorised games by a licensed provider; or\nfor approval to modify regulated interactive gambling equipment used in the conduct of authorised games by a licensed provider.\nThe chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must—\ncarry out the evaluation; or\ndirect the licensed provider—\nto arrange to have the equipment evaluated by an approved evaluator; and\nto give the chief executive a written report of the evaluation.\nIf the chief executive carries out an evaluation of the equipment—\nthe licensed provider must pay the fee prescribed under a regulation for the evaluation to the chief executive; and\nif an amount of the fee is not paid by the licensed provider, the State may recover the amount from the licensed provider as a debt.\nAfter considering the application and any evaluation of equipment, the chief executive must decide to—\ngrant the approval; or\ngrant the approval with conditions; or\nrefuse to grant the approval.\nThe chief executive may refuse to grant an approval if—\nthe fee payable for an evaluation carried out by the chief executive is not paid; or\nthe licensed provider fails to comply with a direction of the chief executive under subsection (2) (b) .\nWhen the chief executive makes a decision under subsection (4) , the chief executive must—\nfor a decision to grant an approval—immediately give the applicant written notice of the decision; or\nfor a decision to grant an approval with conditions—immediately give the applicant an information notice for the decision; or\nfor a decision to refuse to grant an approval—immediately give the applicant an information notice for the decision.\nThe chief executive may act under subsection (8) only if, having regard to the objects of this Act, the chief executive considers taking the action is—\nnecessary or appropriate for the proper conduct of interactive gambling; or\notherwise in the public interest.\nAt any time after granting an approval, the chief executive may decide to—\nimpose conditions on the approval, whether or not the approval is already subject to conditions; or\nvary a condition of the approval; or\nremove a condition of the approval.\nWhen the chief executive makes a decision under subsection (8) , the chief executive must—\nfor a decision to impose a condition on an approval—give the licensed provider for the approval an information notice for the decision; or\nfor a decision to vary a condition of an approval—give the licensed provider for the approval an information notice for the decision; or\nfor a decision to remove a condition of an approval—give the licensed provider for the approval written notice of the decision.\ns 162 amd 1999 No. 8 s 128 ; 1999 No. 77 s 182 ; 2022 No. 23 s 74\n(sec.162-ssec.1) A person may apply to the chief executive— for an approval for regulated interactive gambling equipment proposed to be used in the conduct of authorised games by a licensed provider; or for approval to modify regulated interactive gambling equipment used in the conduct of authorised games by a licensed provider.\n(sec.162-ssec.2) The chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must— carry out the evaluation; or direct the licensed provider— to arrange to have the equipment evaluated by an approved evaluator; and to give the chief executive a written report of the evaluation.\n(sec.162-ssec.3) If the chief executive carries out an evaluation of the equipment— the licensed provider must pay the fee prescribed under a regulation for the evaluation to the chief executive; and if an amount of the fee is not paid by the licensed provider, the State may recover the amount from the licensed provider as a debt.\n(sec.162-ssec.4) After considering the application and any evaluation of equipment, the chief executive must decide to— grant the approval; or grant the approval with conditions; or refuse to grant the approval.\n(sec.162-ssec.5) The chief executive may refuse to grant an approval if— the fee payable for an evaluation carried out by the chief executive is not paid; or the licensed provider fails to comply with a direction of the chief executive under subsection (2) (b) .\n(sec.162-ssec.6) When the chief executive makes a decision under subsection (4) , the chief executive must— for a decision to grant an approval—immediately give the applicant written notice of the decision; or for a decision to grant an approval with conditions—immediately give the applicant an information notice for the decision; or for a decision to refuse to grant an approval—immediately give the applicant an information notice for the decision.\n(sec.162-ssec.7) The chief executive may act under subsection (8) only if, having regard to the objects of this Act, the chief executive considers taking the action is— necessary or appropriate for the proper conduct of interactive gambling; or otherwise in the public interest.\n(sec.162-ssec.8) At any time after granting an approval, the chief executive may decide to— impose conditions on the approval, whether or not the approval is already subject to conditions; or vary a condition of the approval; or remove a condition of the approval.\n(sec.162-ssec.9) When the chief executive makes a decision under subsection (8) , the chief executive must— for a decision to impose a condition on an approval—give the licensed provider for the approval an information notice for the decision; or for a decision to vary a condition of an approval—give the licensed provider for the approval an information notice for the decision; or for a decision to remove a condition of an approval—give the licensed provider for the approval written notice of the decision.\n- (a) for an approval for regulated interactive gambling equipment proposed to be used in the conduct of authorised games by a licensed provider; or\n- (b) for approval to modify regulated interactive gambling equipment used in the conduct of authorised games by a licensed provider.\n- (a) carry out the evaluation; or\n- (b) direct the licensed provider— (i) to arrange to have the equipment evaluated by an approved evaluator; and (ii) to give the chief executive a written report of the evaluation.\n- (i) to arrange to have the equipment evaluated by an approved evaluator; and\n- (ii) to give the chief executive a written report of the evaluation.\n- (i) to arrange to have the equipment evaluated by an approved evaluator; and\n- (ii) to give the chief executive a written report of the evaluation.\n- (a) the licensed provider must pay the fee prescribed under a regulation for the evaluation to the chief executive; and\n- (b) if an amount of the fee is not paid by the licensed provider, the State may recover the amount from the licensed provider as a debt.\n- (a) grant the approval; or\n- (b) grant the approval with conditions; or\n- (c) refuse to grant the approval.\n- (a) the fee payable for an evaluation carried out by the chief executive is not paid; or\n- (b) the licensed provider fails to comply with a direction of the chief executive under subsection (2) (b) .\n- (a) for a decision to grant an approval—immediately give the applicant written notice of the decision; or\n- (b) for a decision to grant an approval with conditions—immediately give the applicant an information notice for the decision; or\n- (c) for a decision to refuse to grant an approval—immediately give the applicant an information notice for the decision.\n- (a) necessary or appropriate for the proper conduct of interactive gambling; or\n- (b) otherwise in the public interest.\n- (a) impose conditions on the approval, whether or not the approval is already subject to conditions; or\n- (b) vary a condition of the approval; or\n- (c) remove a condition of the approval.\n- (a) for a decision to impose a condition on an approval—give the licensed provider for the approval an information notice for the decision; or\n- (b) for a decision to vary a condition of an approval—give the licensed provider for the approval an information notice for the decision; or\n- (c) for a decision to remove a condition of an approval—give the licensed provider for the approval written notice of the decision.","sortOrder":230},{"sectionNumber":"sec.163","sectionType":"section","heading":"Use of regulated interactive gambling equipment","content":"### sec.163 Use of regulated interactive gambling equipment\n\nA licensed provider must not use any regulated interactive gambling equipment in conducting an authorised game unless the equipment is approved interactive gambling equipment.\nMaximum penalty—200 penalty units.\nAn agent of a licensed provider must not use any regulated interactive gambling equipment for the conduct of an authorised game by the licensed provider unless the equipment is approved interactive gambling equipment.\nMaximum penalty—200 penalty units.\nA licensed provider or agent must not modify approved interactive gambling equipment unless the modification is approved by the chief executive in writing.\nMaximum penalty—200 penalty units.\nA licensed provider or agent must not use approved interactive gambling equipment in conducting an authorised game unless the use is consistent with an approval for the equipment or a modification of the equipment under section 162 , including any conditions of the approval.\nMaximum penalty—200 penalty units.\ns 163 amd 2004 No. 21 s 67 ; 2022 No. 23 s 75\n(sec.163-ssec.1) A licensed provider must not use any regulated interactive gambling equipment in conducting an authorised game unless the equipment is approved interactive gambling equipment. Maximum penalty—200 penalty units.\n(sec.163-ssec.2) An agent of a licensed provider must not use any regulated interactive gambling equipment for the conduct of an authorised game by the licensed provider unless the equipment is approved interactive gambling equipment. Maximum penalty—200 penalty units.\n(sec.163-ssec.3) A licensed provider or agent must not modify approved interactive gambling equipment unless the modification is approved by the chief executive in writing. Maximum penalty—200 penalty units.\n(sec.163-ssec.4) A licensed provider or agent must not use approved interactive gambling equipment in conducting an authorised game unless the use is consistent with an approval for the equipment or a modification of the equipment under section 162 , including any conditions of the approval. Maximum penalty—200 penalty units.","sortOrder":231},{"sectionNumber":"sec.163A","sectionType":"section","heading":"Approved evaluators","content":"### sec.163A Approved evaluators\n\nThe Governor in Council may, under a regulation, declare an entity to be an approved entity for evaluating regulated interactive gambling equipment.\ns 163A ins 1999 No. 77 s 183","sortOrder":232},{"sectionNumber":"pt.7-div.15","sectionType":"division","heading":"Advertising","content":"## Advertising","sortOrder":233},{"sectionNumber":"sec.164","sectionType":"section","heading":"Advertising interactive gambling","content":"### sec.164 Advertising interactive gambling\n\nA person must not advertise an interactive game in Queensland unless the game is an authorised game or an exempt game.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not advertise an authorised game in Queensland without approval of the relevant authorised provider.\nMaximum penalty for subsection (2) —40 penalty units.\ns 164 amd 2018 No. 13 s 74\n(sec.164-ssec.1) A person must not advertise an interactive game in Queensland unless the game is an authorised game or an exempt game. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.164-ssec.2) A person must not advertise an authorised game in Queensland without approval of the relevant authorised provider. Maximum penalty for subsection (2) —40 penalty units. s 164 amd 2018 No. 13 s 74","sortOrder":234},{"sectionNumber":"sec.165","sectionType":"section","heading":"Incidental requirements for advertisements","content":"### sec.165 Incidental requirements for advertisements\n\nA person who advertises an authorised game must take reasonable steps to ensure the advertisement—\nis not indecent or offensive; and\nis based on fact; and\nis not false, deceptive or misleading in a material particular.\n- (a) is not indecent or offensive; and\n- (b) is based on fact; and\n- (c) is not false, deceptive or misleading in a material particular.","sortOrder":235},{"sectionNumber":"sec.166","sectionType":"section","heading":"Directions about advertising","content":"### sec.166 Directions about advertising\n\nIf the chief executive reasonably believes an advertisement about an authorised game does not comply with section 165 , the chief executive may direct the person appearing to be responsible for authorising the advertisement to take the appropriate steps—\nto stop the advertisement being shown; or\nto change the advertisement.\nThe direction must—\nbe in writing; and\nstate the grounds for the direction; and\nif it is a direction to change the advertisement—state how the advertisement is to be changed.\nA person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —40 penalty units.\n(sec.166-ssec.1) If the chief executive reasonably believes an advertisement about an authorised game does not comply with section 165 , the chief executive may direct the person appearing to be responsible for authorising the advertisement to take the appropriate steps— to stop the advertisement being shown; or to change the advertisement.\n(sec.166-ssec.2) The direction must— be in writing; and state the grounds for the direction; and if it is a direction to change the advertisement—state how the advertisement is to be changed.\n(sec.166-ssec.3) A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —40 penalty units.\n- (a) to stop the advertisement being shown; or\n- (b) to change the advertisement.\n- (a) be in writing; and\n- (b) state the grounds for the direction; and\n- (c) if it is a direction to change the advertisement—state how the advertisement is to be changed.","sortOrder":236},{"sectionNumber":"pt.7-div.15A","sectionType":"division","heading":"Interactive gambling inducements and direct marketing","content":"## Interactive gambling inducements and direct marketing","sortOrder":237},{"sectionNumber":"sec.166A","sectionType":"section","heading":"Definitions for division","content":"### sec.166A Definitions for division\n\nIn this division—\ninteractive wagering account , of a person, means an account—\nin the name of the person with an interactive wagering operator; and\nthat is accessible by means of a telecommunication device; and\nagainst which the operator has a right to debit the amount of a wager placed by the person.\ninteractive wagering customer means a person who has an interactive wagering account.\ninteractive wagering operator means a person who—\nis a betting operator under the Betting Tax Act 2018 , section 12 ; and\noffers wagering that is an interactive game with or through the person using a telecommunication device; and\ndoes not directly or indirectly make available, or in any way facilitate the provision of, a telecommunication device used to place a wager.\ns 166A ins 2021 No. 7 s 21\n- (a) in the name of the person with an interactive wagering operator; and\n- (b) that is accessible by means of a telecommunication device; and\n- (c) against which the operator has a right to debit the amount of a wager placed by the person.\n- (a) is a betting operator under the Betting Tax Act 2018 , section 12 ; and\n- (b) offers wagering that is an interactive game with or through the person using a telecommunication device; and\n- (c) does not directly or indirectly make available, or in any way facilitate the provision of, a telecommunication device used to place a wager.","sortOrder":238},{"sectionNumber":"sec.166B","sectionType":"section","heading":"Prohibited inducements","content":"### sec.166B Prohibited inducements\n\nAn interactive wagering operator or a person acting for an interactive wagering operator must not offer, or cause to be offered, to a person who is in Queensland (a relevant person ) any credit, voucher, reward or other benefit as an incentive for the relevant person—\nto open an interactive wagering account with the operator; or\nto refer another person to the operator for the purpose of that person opening an interactive wagering account with the operator; or\nnot to close an interactive wagering account with the operator after the relevant person asks the operator to close the account.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\ns 166B ins 2021 No. 7 s 21\n(sec.166B-ssec) An interactive wagering operator or a person acting for an interactive wagering operator must not offer, or cause to be offered, to a person who is in Queensland (a relevant person ) any credit, voucher, reward or other benefit as an incentive for the relevant person— to open an interactive wagering account with the operator; or to refer another person to the operator for the purpose of that person opening an interactive wagering account with the operator; or not to close an interactive wagering account with the operator after the relevant person asks the operator to close the account. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n- (a) to open an interactive wagering account with the operator; or\n- (b) to refer another person to the operator for the purpose of that person opening an interactive wagering account with the operator; or\n- (c) not to close an interactive wagering account with the operator after the relevant person asks the operator to close the account.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":239},{"sectionNumber":"sec.166C","sectionType":"section","heading":"Wagering using free bets","content":"### sec.166C Wagering using free bets\n\nAn interactive wagering operator or a person acting for an interactive wagering operator must not offer, or cause to be offered, a free bet to an interactive wagering customer who is in Queensland and has an interactive wagering account with the operator unless the customer can withdraw payouts arising from the free bet at any time.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIn this section—\nfree bet see the Betting Tax Act 2018 , section 7 .\ns 166C ins 2021 No. 7 s 21\n(sec.166C-ssec.1) An interactive wagering operator or a person acting for an interactive wagering operator must not offer, or cause to be offered, a free bet to an interactive wagering customer who is in Queensland and has an interactive wagering account with the operator unless the customer can withdraw payouts arising from the free bet at any time. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.166C-ssec.2) In this section— free bet see the Betting Tax Act 2018 , section 7 .\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":240},{"sectionNumber":"sec.166D","sectionType":"section","heading":"Restrictions on direct marketing","content":"### sec.166D Restrictions on direct marketing\n\nAn interactive wagering operator or a person acting for an interactive wagering operator must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless—\nthe relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and\neither—\nthe relevant person has not withdrawn the consent; or\nthe relevant person has withdrawn the consent but the operator or person is not aware of the withdrawal.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIf the relevant person has given consent to receiving promotional or advertising material, the interactive wagering operator or a person acting for the interactive wagering operator—\nmust provide the relevant person with a means to easily withdraw the consent at any time; and\nif the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIf the interactive wagering operator or a person acting for the interactive wagering operator sends promotional or advertising material to the relevant person electronically, the operator or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nFor this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.\ns 166D ins 2021 No. 7 s 21\n(sec.166D-ssec.1) An interactive wagering operator or a person acting for an interactive wagering operator must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless— the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and either— the relevant person has not withdrawn the consent; or the relevant person has withdrawn the consent but the operator or person is not aware of the withdrawal. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.166D-ssec.2) If the relevant person has given consent to receiving promotional or advertising material, the interactive wagering operator or a person acting for the interactive wagering operator— must provide the relevant person with a means to easily withdraw the consent at any time; and if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.166D-ssec.3) If the interactive wagering operator or a person acting for the interactive wagering operator sends promotional or advertising material to the relevant person electronically, the operator or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.166D-ssec.4) For this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.\n- (a) the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and\n- (b) either— (i) the relevant person has not withdrawn the consent; or (ii) the relevant person has withdrawn the consent but the operator or person is not aware of the withdrawal.\n- (i) the relevant person has not withdrawn the consent; or\n- (ii) the relevant person has withdrawn the consent but the operator or person is not aware of the withdrawal.\n- (i) the relevant person has not withdrawn the consent; or\n- (ii) the relevant person has withdrawn the consent but the operator or person is not aware of the withdrawal.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.\n- (a) must provide the relevant person with a means to easily withdraw the consent at any time; and\n- (b) if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":241},{"sectionNumber":"sec.166E","sectionType":"section","heading":"Obligation of interactive wagering operator to identify person’s location","content":"### sec.166E Obligation of interactive wagering operator to identify person’s location\n\nAn interactive wagering operator must, when receiving a wager placed from an interactive wagering account, take reasonable steps to identify the location of the person placing the wager.\nMaximum penalty—100 penalty units.\nFor complying with subsection (1) , the interactive wagering operator may rely on either of the following addresses as being the location of the person placing the wager—\nfor an individual—an address given to the operator by the individual as the individual’s residential address;\nfor a company within the meaning of the Corporations Act —an address given to the operator by or for the company as the company’s principal place of business.\nHowever, subsection (2) does not apply if the interactive wagering operator knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2) (a) or (b) is not the location of the person when the wager is placed.\ns 166E ins 2021 No. 7 s 21\n(sec.166E-ssec.1) An interactive wagering operator must, when receiving a wager placed from an interactive wagering account, take reasonable steps to identify the location of the person placing the wager. Maximum penalty—100 penalty units.\n(sec.166E-ssec.2) For complying with subsection (1) , the interactive wagering operator may rely on either of the following addresses as being the location of the person placing the wager— for an individual—an address given to the operator by the individual as the individual’s residential address; for a company within the meaning of the Corporations Act —an address given to the operator by or for the company as the company’s principal place of business.\n(sec.166E-ssec.3) However, subsection (2) does not apply if the interactive wagering operator knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2) (a) or (b) is not the location of the person when the wager is placed.\n- (a) for an individual—an address given to the operator by the individual as the individual’s residential address;\n- (b) for a company within the meaning of the Corporations Act —an address given to the operator by or for the company as the company’s principal place of business.","sortOrder":242},{"sectionNumber":"pt.7-div.16","sectionType":"division","heading":"Complaints","content":"## Complaints","sortOrder":243},{"sectionNumber":"sec.167","sectionType":"section","heading":"Inquiries about complaints","content":"### sec.167 Inquiries about complaints\n\nA licensed provider must inquire into—\na complaint made to the licensed provider by a person about—\nthe conduct of an authorised game by the licensed provider; or\nthe conduct of an agent of the licensed provider in operations related to an authorised game; or\na complaint referred to the licensed provider by the chief executive under subsection (3) .\nWithin 21 days after the complaint is received by, or referred to, the licensed provider, the licensed provider must give written notice of the result of the inquiry to—\nthe complainant; and\nif the complaint was referred to the licensed provider by the chief executive—the chief executive.\nIf a complaint is made to the chief executive about the conduct of an authorised game, or the conduct of an agent in operations related to an authorised game, the chief executive must promptly—\ninquire into the complaint; or\nif the chief executive considers it appropriate—\nrefer the complaint to the licensed provider who conducted the game; or\nif the authorised game is conducted by an external provider—refer the complaint to the relevant participating regulator.\nThe chief executive must promptly advise the complainant of—\nthe result of the chief executive’s inquiry; or\nthe chief executive’s decision to refer the complaint to the licensed provider or a participating regulator.\nA complaint must—\nbe in writing; and\nstate the complainant’s name and address; and\ngive appropriate details of the complaint.\n(sec.167-ssec.1) A licensed provider must inquire into— a complaint made to the licensed provider by a person about— the conduct of an authorised game by the licensed provider; or the conduct of an agent of the licensed provider in operations related to an authorised game; or a complaint referred to the licensed provider by the chief executive under subsection (3) .\n(sec.167-ssec.2) Within 21 days after the complaint is received by, or referred to, the licensed provider, the licensed provider must give written notice of the result of the inquiry to— the complainant; and if the complaint was referred to the licensed provider by the chief executive—the chief executive.\n(sec.167-ssec.3) If a complaint is made to the chief executive about the conduct of an authorised game, or the conduct of an agent in operations related to an authorised game, the chief executive must promptly— inquire into the complaint; or if the chief executive considers it appropriate— refer the complaint to the licensed provider who conducted the game; or if the authorised game is conducted by an external provider—refer the complaint to the relevant participating regulator.\n(sec.167-ssec.4) The chief executive must promptly advise the complainant of— the result of the chief executive’s inquiry; or the chief executive’s decision to refer the complaint to the licensed provider or a participating regulator.\n(sec.167-ssec.5) A complaint must— be in writing; and state the complainant’s name and address; and give appropriate details of the complaint.\n- (a) a complaint made to the licensed provider by a person about— (i) the conduct of an authorised game by the licensed provider; or (ii) the conduct of an agent of the licensed provider in operations related to an authorised game; or\n- (i) the conduct of an authorised game by the licensed provider; or\n- (ii) the conduct of an agent of the licensed provider in operations related to an authorised game; or\n- (b) a complaint referred to the licensed provider by the chief executive under subsection (3) .\n- (i) the conduct of an authorised game by the licensed provider; or\n- (ii) the conduct of an agent of the licensed provider in operations related to an authorised game; or\n- (a) the complainant; and\n- (b) if the complaint was referred to the licensed provider by the chief executive—the chief executive.\n- (a) inquire into the complaint; or\n- (b) if the chief executive considers it appropriate— (i) refer the complaint to the licensed provider who conducted the game; or (ii) if the authorised game is conducted by an external provider—refer the complaint to the relevant participating regulator.\n- (i) refer the complaint to the licensed provider who conducted the game; or\n- (ii) if the authorised game is conducted by an external provider—refer the complaint to the relevant participating regulator.\n- (i) refer the complaint to the licensed provider who conducted the game; or\n- (ii) if the authorised game is conducted by an external provider—refer the complaint to the relevant participating regulator.\n- (a) the result of the chief executive’s inquiry; or\n- (b) the chief executive’s decision to refer the complaint to the licensed provider or a participating regulator.\n- (a) be in writing; and\n- (b) state the complainant’s name and address; and\n- (c) give appropriate details of the complaint.","sortOrder":244},{"sectionNumber":"sec.168","sectionType":"section","heading":"Reporting improper behaviour","content":"### sec.168 Reporting improper behaviour\n\nThis section applies if an authorised provider becomes aware, or reasonably suspects, that—\na person, by a dishonest or unlawful act affecting the conduct or playing of an authorised game in Queensland, has obtained a benefit for the person or another person; or\nthere has been an unlawful act affecting the conduct or playing of an authorised game in Queensland.\nThis section also applies if an agent becomes aware, or reasonably suspects, that—\na person, by a dishonest or unlawful act affecting the conduct or playing of an authorised game in Queensland, has obtained a benefit for the person or another person; or\nthere has been an unlawful act affecting the conduct or playing of an authorised game in Queensland.\nWithin 3 days of becoming aware of, or suspecting, the dishonest or unlawful act, the authorised provider or agent must give the chief executive a written notice advising the chief executive of all facts known to the authorised provider or agent about the matter.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not mistreat another person because—\nthe other person has given, or may give, a notice under this section; or\nthe person believes the other person has given, or may give, a notice under this section.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\ndishonest act means fraud, misrepresentation or theft.\nmistreat a person means—\nend the person’s employment or prejudice the career of the person in another way; or\nprejudice the safety of the person; or\nintimidate or harass the person.\n(sec.168-ssec.1) This section applies if an authorised provider becomes aware, or reasonably suspects, that— a person, by a dishonest or unlawful act affecting the conduct or playing of an authorised game in Queensland, has obtained a benefit for the person or another person; or there has been an unlawful act affecting the conduct or playing of an authorised game in Queensland.\n(sec.168-ssec.2) This section also applies if an agent becomes aware, or reasonably suspects, that— a person, by a dishonest or unlawful act affecting the conduct or playing of an authorised game in Queensland, has obtained a benefit for the person or another person; or there has been an unlawful act affecting the conduct or playing of an authorised game in Queensland.\n(sec.168-ssec.3) Within 3 days of becoming aware of, or suspecting, the dishonest or unlawful act, the authorised provider or agent must give the chief executive a written notice advising the chief executive of all facts known to the authorised provider or agent about the matter. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.168-ssec.4) A person must not mistreat another person because— the other person has given, or may give, a notice under this section; or the person believes the other person has given, or may give, a notice under this section. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.168-ssec.5) In this section— dishonest act means fraud, misrepresentation or theft. mistreat a person means— end the person’s employment or prejudice the career of the person in another way; or prejudice the safety of the person; or intimidate or harass the person.\n- (a) a person, by a dishonest or unlawful act affecting the conduct or playing of an authorised game in Queensland, has obtained a benefit for the person or another person; or\n- (b) there has been an unlawful act affecting the conduct or playing of an authorised game in Queensland.\n- (a) a person, by a dishonest or unlawful act affecting the conduct or playing of an authorised game in Queensland, has obtained a benefit for the person or another person; or\n- (b) there has been an unlawful act affecting the conduct or playing of an authorised game in Queensland.\n- (a) the other person has given, or may give, a notice under this section; or\n- (b) the person believes the other person has given, or may give, a notice under this section.\n- (a) end the person’s employment or prejudice the career of the person in another way; or\n- (b) prejudice the safety of the person; or\n- (c) intimidate or harass the person.","sortOrder":245},{"sectionNumber":"pt.7-div.17","sectionType":"division","heading":"Gambling offences","content":"## Gambling offences","sortOrder":246},{"sectionNumber":"sec.169","sectionType":"section","heading":"Cheating","content":"### sec.169 Cheating\n\nA person must not, in relation to an authorised game, dishonestly obtain a benefit by—\nan act, practice or scheme; or\nthe use of a thing.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nFor subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.\n(sec.169-ssec.1) A person must not, in relation to an authorised game, dishonestly obtain a benefit by— an act, practice or scheme; or the use of a thing. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.169-ssec.2) For subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.\n- (a) an act, practice or scheme; or\n- (b) the use of a thing.","sortOrder":247},{"sectionNumber":"sec.170","sectionType":"section","heading":"Forgery and deception","content":"### sec.170 Forgery and deception\n\nA person must not—\nforge an official gambling document; or\nknowingly utter a forged official gambling document.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not connive at the commission of an offence against subsection (1) .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person forges a document if the person makes a false document, knowing it to be false, with the intention that—\nit may be used or acted on to the prejudice or benefit of a person; or\na person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\nWithout limiting subsection (3) , a genuine document may become a false document because of—\nan alteration of the document in a material respect; or\nan addition to the body of the document in a material respect; or\nan addition of a false date, signature, attestation, seal or other material matter.\nA person utters a document if the person—\nuses or deals with the document; or\nattempts to use or deal with the document; or\ninduces a person to use, deal with or act on the document; or\nattempts to induce a person to use, deal with or act on the document.\n(sec.170-ssec.1) A person must not— forge an official gambling document; or knowingly utter a forged official gambling document. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.170-ssec.2) A person must not connive at the commission of an offence against subsection (1) . Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.170-ssec.3) A person forges a document if the person makes a false document, knowing it to be false, with the intention that— it may be used or acted on to the prejudice or benefit of a person; or a person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\n(sec.170-ssec.4) Without limiting subsection (3) , a genuine document may become a false document because of— an alteration of the document in a material respect; or an addition to the body of the document in a material respect; or an addition of a false date, signature, attestation, seal or other material matter.\n(sec.170-ssec.5) A person utters a document if the person— uses or deals with the document; or attempts to use or deal with the document; or induces a person to use, deal with or act on the document; or attempts to induce a person to use, deal with or act on the document.\n- (a) forge an official gambling document; or\n- (b) knowingly utter a forged official gambling document.\n- (a) it may be used or acted on to the prejudice or benefit of a person; or\n- (b) a person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\n- (a) an alteration of the document in a material respect; or\n- (b) an addition to the body of the document in a material respect; or\n- (c) an addition of a false date, signature, attestation, seal or other material matter.\n- (a) uses or deals with the document; or\n- (b) attempts to use or deal with the document; or\n- (c) induces a person to use, deal with or act on the document; or\n- (d) attempts to induce a person to use, deal with or act on the document.","sortOrder":248},{"sectionNumber":"sec.171","sectionType":"section","heading":"Impersonating certain persons","content":"### sec.171 Impersonating certain persons\n\nA person must not pretend to be a licensed provider, an agent, a key person licensee or a gaming official.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not connive at the commission of an offence against subsection (1) .\nMaximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\n(sec.171-ssec.1) A person must not pretend to be a licensed provider, an agent, a key person licensee or a gaming official. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.171-ssec.2) A person must not connive at the commission of an offence against subsection (1) . Maximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.","sortOrder":249},{"sectionNumber":"sec.172","sectionType":"section","heading":"Bribery","content":"### sec.172 Bribery\n\nA gaming official must not ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the official or another person for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not give, confer or obtain, or promise or offer to give, confer or obtain, any money, property or benefit of any kind to, on or for a gaming official or another person for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA gaming official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act—\nfor the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or\nbecause of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or\nfor the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by—\nif the act is done by the official—another person; or\nif the act is done by another person—that person or another person.\n(sec.172-ssec.1) A gaming official must not ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the official or another person for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.172-ssec.2) A person must not give, confer or obtain, or promise or offer to give, confer or obtain, any money, property or benefit of any kind to, on or for a gaming official or another person for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.172-ssec.3) A gaming official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act— for the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or because of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or for the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by— if the act is done by the official—another person; or if the act is done by another person—that person or another person.\n- (a) for the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or\n- (b) because of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or\n- (c) for the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by— (i) if the act is done by the official—another person; or (ii) if the act is done by another person—that person or another person.\n- (i) if the act is done by the official—another person; or\n- (ii) if the act is done by another person—that person or another person.\n- (i) if the act is done by the official—another person; or\n- (ii) if the act is done by another person—that person or another person.","sortOrder":250},{"sectionNumber":"sec.173","sectionType":"section","heading":"Participation in authorised games by employees of licensed provider","content":"### sec.173 Participation in authorised games by employees of licensed provider\n\nAn employee (whether a key person licensee or not) of a licensed provider must not take part in an authorised game if directly involved in functions related to the conduct of the game.\nMaximum penalty—40 penalty units.\nA prize won by a person by participation in an authorised game contrary to this section is forfeited to the State.\n(sec.173-ssec.1) An employee (whether a key person licensee or not) of a licensed provider must not take part in an authorised game if directly involved in functions related to the conduct of the game. Maximum penalty—40 penalty units.\n(sec.173-ssec.2) A prize won by a person by participation in an authorised game contrary to this section is forfeited to the State.","sortOrder":251},{"sectionNumber":"sec.174","sectionType":"section","heading":"Chief executive’s power to restrict participation in authorised games by gaming officials","content":"### sec.174 Chief executive’s power to restrict participation in authorised games by gaming officials\n\nThe chief executive may, by written notice given to a gaming official, direct the official—\nnot to participate as a player in an authorised game; or\nnot to participate as a player in an authorised game except in stated circumstances or for stated purposes.\nA gaming official must not participate as a player in an authorised game in contravention of a direction under this section.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.174-ssec.1) The chief executive may, by written notice given to a gaming official, direct the official— not to participate as a player in an authorised game; or not to participate as a player in an authorised game except in stated circumstances or for stated purposes.\n(sec.174-ssec.2) A gaming official must not participate as a player in an authorised game in contravention of a direction under this section. Maximum penalty for subsection (2) —40 penalty units.\n- (a) not to participate as a player in an authorised game; or\n- (b) not to participate as a player in an authorised game except in stated circumstances or for stated purposes.","sortOrder":252},{"sectionNumber":"sec.175","sectionType":"section","heading":"Power to declare gaming official to be a key official","content":"### sec.175 Power to declare gaming official to be a key official\n\nThe chief executive may, by written notice given to a gaming official, declare the official to be a key official.\nA declaration may only be made under this section if the chief executive considers it appropriate to make the declaration in the public interest.\n(sec.175-ssec.1) The chief executive may, by written notice given to a gaming official, declare the official to be a key official.\n(sec.175-ssec.2) A declaration may only be made under this section if the chief executive considers it appropriate to make the declaration in the public interest.","sortOrder":253},{"sectionNumber":"sec.176","sectionType":"section","heading":"Relationship of key officials with authorised providers and agents","content":"### sec.176 Relationship of key officials with authorised providers and agents\n\nA key official must not, without the chief executive’s approval—\naccept or solicit employment from an authorised provider or an agent; or\nbe an employee in any capacity of an authorised provider or an agent; or\nknowingly have, directly or indirectly—\na business or financial association with an authorised provider or an agent; or\na business or financial interest together with an authorised provider or an agent.\nMaximum penalty—40 penalty units.\nA person must not, for 1 year after ceasing to be a key official, without the chief executive’s approval—\naccept or solicit employment from an authorised provider or an agent; or\nbe an employee in any capacity of an authorised provider or an agent; or\nknowingly have, directly or indirectly—\na business or financial association with an authorised provider or an agent; or\na business or financial interest together with an authorised provider or an agent.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.176-ssec.1) A key official must not, without the chief executive’s approval— accept or solicit employment from an authorised provider or an agent; or be an employee in any capacity of an authorised provider or an agent; or knowingly have, directly or indirectly— a business or financial association with an authorised provider or an agent; or a business or financial interest together with an authorised provider or an agent. Maximum penalty—40 penalty units.\n(sec.176-ssec.2) A person must not, for 1 year after ceasing to be a key official, without the chief executive’s approval— accept or solicit employment from an authorised provider or an agent; or be an employee in any capacity of an authorised provider or an agent; or knowingly have, directly or indirectly— a business or financial association with an authorised provider or an agent; or a business or financial interest together with an authorised provider or an agent. Maximum penalty for subsection (2) —40 penalty units.\n- (a) accept or solicit employment from an authorised provider or an agent; or\n- (b) be an employee in any capacity of an authorised provider or an agent; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with an authorised provider or an agent; or (ii) a business or financial interest together with an authorised provider or an agent.\n- (i) a business or financial association with an authorised provider or an agent; or\n- (ii) a business or financial interest together with an authorised provider or an agent.\n- (i) a business or financial association with an authorised provider or an agent; or\n- (ii) a business or financial interest together with an authorised provider or an agent.\n- (a) accept or solicit employment from an authorised provider or an agent; or\n- (b) be an employee in any capacity of an authorised provider or an agent; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with an authorised provider or an agent; or (ii) a business or financial interest together with an authorised provider or an agent.\n- (i) a business or financial association with an authorised provider or an agent; or\n- (ii) a business or financial interest together with an authorised provider or an agent.\n- (i) a business or financial association with an authorised provider or an agent; or\n- (ii) a business or financial interest together with an authorised provider or an agent.","sortOrder":254},{"sectionNumber":"sec.177","sectionType":"section","heading":"Relationship of key officials with prospective licensed providers","content":"### sec.177 Relationship of key officials with prospective licensed providers\n\nThis section applies if a key official knowingly has, directly or indirectly—\na business or financial association with another person who is a prospective licensed provider; or\na business or financial interest together with another person who is a prospective licensed provider.\nImmediately after the key official becomes aware that the other person is a prospective licensed provider, the official must give written notice of the official’s association or interest to the chief executive.\nMaximum penalty—40 penalty units.\nThe chief executive may, by written notice given to the key official, direct the official to end the association, or give up the interest, within the time stated in the notice.\nHowever, the chief executive may give the direction only if the chief executive considers it appropriate to take the action in the public interest.\nA key official to whom a direction is given must comply with the direction within the time stated in the notice.\nMaximum penalty—40 penalty units.\nIn this section—\nprospective licensed provider means a person who has applied for an interactive gambling licence but whose application has not yet been decided.\n(sec.177-ssec.1) This section applies if a key official knowingly has, directly or indirectly— a business or financial association with another person who is a prospective licensed provider; or a business or financial interest together with another person who is a prospective licensed provider.\n(sec.177-ssec.2) Immediately after the key official becomes aware that the other person is a prospective licensed provider, the official must give written notice of the official’s association or interest to the chief executive. Maximum penalty—40 penalty units.\n(sec.177-ssec.3) The chief executive may, by written notice given to the key official, direct the official to end the association, or give up the interest, within the time stated in the notice.\n(sec.177-ssec.4) However, the chief executive may give the direction only if the chief executive considers it appropriate to take the action in the public interest.\n(sec.177-ssec.5) A key official to whom a direction is given must comply with the direction within the time stated in the notice. Maximum penalty—40 penalty units.\n(sec.177-ssec.6) In this section— prospective licensed provider means a person who has applied for an interactive gambling licence but whose application has not yet been decided.\n- (a) a business or financial association with another person who is a prospective licensed provider; or\n- (b) a business or financial interest together with another person who is a prospective licensed provider.","sortOrder":255},{"sectionNumber":"sec.178","sectionType":"section","heading":"Relationship between authorised providers and key officials","content":"### sec.178 Relationship between authorised providers and key officials\n\nAn authorised provider or an agent must not, without the chief executive’s approval—\nemploy a person in any capacity knowing the person to be a key official, or to have been a key official within the preceding period of 1 year; or\nknowingly have, directly or indirectly—\na business or financial association with a person knowing the person to be a key official, or to have been a key official within the preceding period of 1 year; or\na business or financial interest together with a person knowing the person to be a key official or to have been a key official within the preceding period of 1 year.\nMaximum penalty—40 penalty units.\n- (a) employ a person in any capacity knowing the person to be a key official, or to have been a key official within the preceding period of 1 year; or\n- (b) knowingly have, directly or indirectly— (i) a business or financial association with a person knowing the person to be a key official, or to have been a key official within the preceding period of 1 year; or (ii) a business or financial interest together with a person knowing the person to be a key official or to have been a key official within the preceding period of 1 year.\n- (i) a business or financial association with a person knowing the person to be a key official, or to have been a key official within the preceding period of 1 year; or\n- (ii) a business or financial interest together with a person knowing the person to be a key official or to have been a key official within the preceding period of 1 year.\n- (i) a business or financial association with a person knowing the person to be a key official, or to have been a key official within the preceding period of 1 year; or\n- (ii) a business or financial interest together with a person knowing the person to be a key official or to have been a key official within the preceding period of 1 year.","sortOrder":256},{"sectionNumber":"sec.179","sectionType":"section","heading":"Participation by minors in conduct of approved games prohibited","content":"### sec.179 Participation by minors in conduct of approved games prohibited\n\nA licensed provider or an agent must not allow a minor to participate in operations related to the conduct of authorised games.\nMaximum penalty—200 penalty units.\nIt is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person to whom the charge relates was a minor.\nA minor must not participate in operations related to the conduct of authorised games.\nMaximum penalty for subsection (3) —40 penalty units.\n(sec.179-ssec.1) A licensed provider or an agent must not allow a minor to participate in operations related to the conduct of authorised games. Maximum penalty—200 penalty units.\n(sec.179-ssec.2) It is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person to whom the charge relates was a minor.\n(sec.179-ssec.3) A minor must not participate in operations related to the conduct of authorised games. Maximum penalty for subsection (3) —40 penalty units.","sortOrder":257},{"sectionNumber":"sec.180","sectionType":"section","heading":"Participation by minors as players prohibited","content":"### sec.180 Participation by minors as players prohibited\n\nA person involved in the conduct of an authorised game must not allow a minor to participate as a player in an authorised game.\nMaximum penalty—200 penalty units.\nIt is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person to whom the charge relates was a minor.\nA minor must not participate as a player in an authorised game.\nMaximum penalty—40 penalty units.\nA prize won by a minor by participation in an authorised game contrary to subsection (3) is forfeited to the State.\n(sec.180-ssec.1) A person involved in the conduct of an authorised game must not allow a minor to participate as a player in an authorised game. Maximum penalty—200 penalty units.\n(sec.180-ssec.2) It is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person to whom the charge relates was a minor.\n(sec.180-ssec.3) A minor must not participate as a player in an authorised game. Maximum penalty—40 penalty units.\n(sec.180-ssec.4) A prize won by a minor by participation in an authorised game contrary to subsection (3) is forfeited to the State.","sortOrder":258},{"sectionNumber":"sec.181","sectionType":"section","heading":"Obscene etc. terms prohibited","content":"### sec.181 Obscene etc. terms prohibited\n\nA person must not participate in an authorised game under a name or designation that is obscene, indecent or offensive.\nMaximum penalty—20 penalty units.\nA licensed provider or an agent may refuse to register a person as a player in an authorised game under a name that is obscene, indecent or offensive.\n(sec.181-ssec.1) A person must not participate in an authorised game under a name or designation that is obscene, indecent or offensive. Maximum penalty—20 penalty units.\n(sec.181-ssec.2) A licensed provider or an agent may refuse to register a person as a player in an authorised game under a name that is obscene, indecent or offensive.","sortOrder":259},{"sectionNumber":"sec.182","sectionType":"section","heading":"Interference with proper conduct of authorised games","content":"### sec.182 Interference with proper conduct of authorised games\n\nA person must not, without the chief executive’s authorisation, interfere in the proper conduct of an authorised game.\nMaximum penalty—200 penalty units.","sortOrder":260},{"sectionNumber":"sec.183","sectionType":"section","heading":"Offences by certain persons","content":"### sec.183 Offences by certain persons\n\nA person, other than an authorised provider or an agent acting within the scope of the agent’s authority, must not—\nfor the person’s gain or reward—\ninduce anyone else to take part in an authorised game; or\noffer to anyone else an opportunity to take part in an authorised game; or\ndistribute or supply forms for registration as a player in an authorised game (a player registration form ), or cause player registration forms to be distributed or supplied to persons other than authorised providers or agents; or\nadvertise or publicly promote subscription to, or taking part in, an authorised game.\nMaximum penalty—200 penalty units.\nA person must not charge an amount for—\nfilling in a player registration form; or\ndepositing a player registration form, directly or indirectly, with a licensed provider or an agent; or\nsubmitting, or arranging for the submission of, a player registration form to a licensed provider or an agent; or\ncollecting or distributing prizes in an authorised game.\nMaximum penalty—200 penalty units.\nA person must not hold himself or herself out, by advertisement or in another way, to be available to perform a service mentioned in subsection (2) .\nMaximum penalty for subsection (3) —200 penalty units.\n(sec.183-ssec.1) A person, other than an authorised provider or an agent acting within the scope of the agent’s authority, must not— for the person’s gain or reward— induce anyone else to take part in an authorised game; or offer to anyone else an opportunity to take part in an authorised game; or distribute or supply forms for registration as a player in an authorised game (a player registration form ), or cause player registration forms to be distributed or supplied to persons other than authorised providers or agents; or advertise or publicly promote subscription to, or taking part in, an authorised game. Maximum penalty—200 penalty units.\n(sec.183-ssec.2) A person must not charge an amount for— filling in a player registration form; or depositing a player registration form, directly or indirectly, with a licensed provider or an agent; or submitting, or arranging for the submission of, a player registration form to a licensed provider or an agent; or collecting or distributing prizes in an authorised game. Maximum penalty—200 penalty units.\n(sec.183-ssec.3) A person must not hold himself or herself out, by advertisement or in another way, to be available to perform a service mentioned in subsection (2) . Maximum penalty for subsection (3) —200 penalty units.\n- (a) for the person’s gain or reward— (i) induce anyone else to take part in an authorised game; or (ii) offer to anyone else an opportunity to take part in an authorised game; or (iii) distribute or supply forms for registration as a player in an authorised game (a player registration form ), or cause player registration forms to be distributed or supplied to persons other than authorised providers or agents; or\n- (i) induce anyone else to take part in an authorised game; or\n- (ii) offer to anyone else an opportunity to take part in an authorised game; or\n- (iii) distribute or supply forms for registration as a player in an authorised game (a player registration form ), or cause player registration forms to be distributed or supplied to persons other than authorised providers or agents; or\n- (b) advertise or publicly promote subscription to, or taking part in, an authorised game.\n- (i) induce anyone else to take part in an authorised game; or\n- (ii) offer to anyone else an opportunity to take part in an authorised game; or\n- (iii) distribute or supply forms for registration as a player in an authorised game (a player registration form ), or cause player registration forms to be distributed or supplied to persons other than authorised providers or agents; or\n- (a) filling in a player registration form; or\n- (b) depositing a player registration form, directly or indirectly, with a licensed provider or an agent; or\n- (c) submitting, or arranging for the submission of, a player registration form to a licensed provider or an agent; or\n- (d) collecting or distributing prizes in an authorised game.","sortOrder":261},{"sectionNumber":"sec.184","sectionType":"section","heading":"Licensed provider not to publish identity of player in certain cases","content":"### sec.184 Licensed provider not to publish identity of player in certain cases\n\nA licensed provider or an employee or other person engaged in duties related to the conduct of an authorised game must not, without authorisation under subsection (2) —\ndisclose information about the name, or other identifying particulars, of a player; or\nuse information about a player for a purpose other than the purpose for which the information was given.\nMaximum penalty—200 penalty units.\nThe disclosure of information, or its use for a purpose other than the purpose for which it was given, is authorised if the disclosure or use is—\nauthorised by the player; or\nreasonably necessary for the conduct of authorised games; or\nrequired for the administration or enforcement of this Act or a corresponding law; or\notherwise required by law.\n(sec.184-ssec.1) A licensed provider or an employee or other person engaged in duties related to the conduct of an authorised game must not, without authorisation under subsection (2) — disclose information about the name, or other identifying particulars, of a player; or use information about a player for a purpose other than the purpose for which the information was given. Maximum penalty—200 penalty units.\n(sec.184-ssec.2) The disclosure of information, or its use for a purpose other than the purpose for which it was given, is authorised if the disclosure or use is— authorised by the player; or reasonably necessary for the conduct of authorised games; or required for the administration or enforcement of this Act or a corresponding law; or otherwise required by law.\n- (a) disclose information about the name, or other identifying particulars, of a player; or\n- (b) use information about a player for a purpose other than the purpose for which the information was given.\n- (a) authorised by the player; or\n- (b) reasonably necessary for the conduct of authorised games; or\n- (c) required for the administration or enforcement of this Act or a corresponding law; or\n- (d) otherwise required by law.","sortOrder":262},{"sectionNumber":"pt.8","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":263},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":264},{"sectionNumber":"sec.185","sectionType":"section","heading":"Persons who are inspectors","content":"### sec.185 Persons who are inspectors\n\nThe following persons are inspectors for this Act—\na person (an appointed inspector ) holding an appointment as an inspector under this division;\na person (an external inspector ) who holds an appointment as an inspector under a corresponding law and is authorised in writing by the chief executive to act as an inspector under this Act.\ns 185 amd 1999 No. 77 s 210 sch 2 ; 2005 No. 12 s 88 sch\n- (a) a person (an appointed inspector ) holding an appointment as an inspector under this division;\n- (b) a person (an external inspector ) who holds an appointment as an inspector under a corresponding law and is authorised in writing by the chief executive to act as an inspector under this Act.","sortOrder":265},{"sectionNumber":"sec.186","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.186 Appointment and qualifications\n\nThe chief executive may appoint a person as an inspector.\nHowever, a person may be appointed as an inspector only if—\nthe person is—\na public service officer or employee; or\na member of a class of persons prescribed under a regulation; and\nthe chief executive is satisfied the person is qualified for the appointment because—\nthe person has the necessary expertise or experience; or\nthe chief executive considers the person has the ability to quickly acquire the necessary expertise; and\nthe chief executive is satisfied the person is a suitable person to be an inspector, having regard to—\nthe person’s character; and\nthe person’s current financial position and financial background; and\nany other matter the chief executive considers relevant to the person’s suitability to be an inspector.\ns 186 sub 2005 No. 12 s 55\namd 2008 No. 2 s 69\n(sec.186-ssec.1) The chief executive may appoint a person as an inspector.\n(sec.186-ssec.2) However, a person may be appointed as an inspector only if— the person is— a public service officer or employee; or a member of a class of persons prescribed under a regulation; and the chief executive is satisfied the person is qualified for the appointment because— the person has the necessary expertise or experience; or the chief executive considers the person has the ability to quickly acquire the necessary expertise; and the chief executive is satisfied the person is a suitable person to be an inspector, having regard to— the person’s character; and the person’s current financial position and financial background; and any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (a) the person is— (i) a public service officer or employee; or (ii) a member of a class of persons prescribed under a regulation; and\n- (i) a public service officer or employee; or\n- (ii) a member of a class of persons prescribed under a regulation; and\n- (b) the chief executive is satisfied the person is qualified for the appointment because— (i) the person has the necessary expertise or experience; or (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (i) the person has the necessary expertise or experience; or\n- (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (c) the chief executive is satisfied the person is a suitable person to be an inspector, having regard to— (i) the person’s character; and (ii) the person’s current financial position and financial background; and (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (i) the person’s character; and\n- (ii) the person’s current financial position and financial background; and\n- (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (i) a public service officer or employee; or\n- (ii) a member of a class of persons prescribed under a regulation; and\n- (i) the person has the necessary expertise or experience; or\n- (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (i) the person’s character; and\n- (ii) the person’s current financial position and financial background; and\n- (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.","sortOrder":266},{"sectionNumber":"sec.187","sectionType":"section","heading":"Conditions and limit on powers","content":"### sec.187 Conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nfor an appointed inspector—the inspector’s instrument of appointment; or\nfor a person who is an external inspector—the chief executive’s authorisation for the person to act as an inspector under this Act; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, authorisation, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 187 amd 1999 No. 77 s 210 sch 2\nsub 2005 No. 12 s 55\n(sec.187-ssec.1) An inspector holds office on any conditions stated in— for an appointed inspector—the inspector’s instrument of appointment; or for a person who is an external inspector—the chief executive’s authorisation for the person to act as an inspector under this Act; or a signed notice given to the inspector; or a regulation.\n(sec.187-ssec.2) The instrument of appointment, authorisation, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.187-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) for an appointed inspector—the inspector’s instrument of appointment; or\n- (b) for a person who is an external inspector—the chief executive’s authorisation for the person to act as an inspector under this Act; or\n- (c) a signed notice given to the inspector; or\n- (d) a regulation.","sortOrder":267},{"sectionNumber":"sec.188","sectionType":"section","heading":"Issue of identity card","content":"### sec.188 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 188 sub 2005 No. 12 s 55\n(sec.188-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.188-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.188-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":268},{"sectionNumber":"sec.189","sectionType":"section","heading":"Production or display of identity card","content":"### sec.189 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 196 (a) or (d) .\ns 189 sub 2005 No. 12 s 55\n(sec.189-ssec.1) In exercising a power under this Act in relation to a person, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.189-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.189-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 196 (a) or (d) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":269},{"sectionNumber":"sec.190","sectionType":"section","heading":"When appointed inspector ceases to hold office","content":"### sec.190 When appointed inspector ceases to hold office\n\nAn appointed inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 191 takes effect.\nSubsection (1) does not limit the ways an appointed inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the appointed inspector holds office.\ns 190 sub 2005 No. 12 s 55\n(sec.190-ssec.1) An appointed inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 191 takes effect.\n(sec.190-ssec.2) Subsection (1) does not limit the ways an appointed inspector may cease to hold office.\n(sec.190-ssec.3) In this section— condition of office means a condition on which the appointed inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 191 takes effect.","sortOrder":270},{"sectionNumber":"sec.191","sectionType":"section","heading":"Resignation","content":"### sec.191 Resignation\n\nAn appointed inspector may resign by signed notice given to the chief executive.\ns 191 sub 2005 No. 12 s 55","sortOrder":271},{"sectionNumber":"sec.192","sectionType":"section","heading":"Return of identity card","content":"### sec.192 Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive immediately after ceasing to be an inspector unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 192 sub 2005 No. 12 s 55","sortOrder":272},{"sectionNumber":"sec.193","sectionType":"section","heading":"Audit program","content":"### sec.193 Audit program\n\nThe Minister may approve an audit program for investigating appointed inspectors.\nThe chief executive may investigate an appointed inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to—\nthe inspector’s character; and\nthe inspector’s current financial position and financial background; and\nany other matter the chief executive considers relevant to the person’s suitability to be an inspector.\nHowever, the chief executive may investigate an appointed inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\nThe chief executive must ensure the investigation is conducted under the approved audit program.\nIn this section—\napproved audit program means an audit program approved by the Minister under subsection (1) .\ns 193 sub 2005 No. 12 s 55\n(sec.193-ssec.1) The Minister may approve an audit program for investigating appointed inspectors.\n(sec.193-ssec.2) The chief executive may investigate an appointed inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to— the inspector’s character; and the inspector’s current financial position and financial background; and any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n(sec.193-ssec.3) However, the chief executive may investigate an appointed inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\n(sec.193-ssec.4) The chief executive must ensure the investigation is conducted under the approved audit program.\n(sec.193-ssec.5) In this section— approved audit program means an audit program approved by the Minister under subsection (1) .\n- (a) the inspector’s character; and\n- (b) the inspector’s current financial position and financial background; and\n- (c) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.","sortOrder":273},{"sectionNumber":"sec.194","sectionType":"section","heading":"Report about criminal history","content":"### sec.194 Report about criminal history\n\nTo help decide whether a person is a suitable person to be an appointed inspector or continue as an appointed inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\nIf asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.\nThe duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 194 sub 2005 No. 12 s 55\n(sec.194-ssec.1) To help decide whether a person is a suitable person to be an appointed inspector or continue as an appointed inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\n(sec.194-ssec.2) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.\n(sec.194-ssec.3) The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.","sortOrder":274},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":275},{"sectionNumber":"sec.195","sectionType":"section","heading":"General scope of powers","content":"### sec.195 General scope of powers\n\nAn inspector may exercise powers under this Act in relation to matters relevant either to this Act or a corresponding law.","sortOrder":276},{"sectionNumber":"sec.196","sectionType":"section","heading":"Entry without consent or warrant","content":"### sec.196 Entry without consent or warrant\n\nAn inspector may, without the occupier’s consent or a warrant, enter—\na public place; or\na place where an authorised game is being, or is about to be, conducted; or\na place where an authorised provider or an agent carries on business at any time when the place is open for carrying on business or otherwise open for entry; or\nthe land around premises to ask its occupier for consent to enter the premises.\n- (a) a public place; or\n- (b) a place where an authorised game is being, or is about to be, conducted; or\n- (c) a place where an authorised provider or an agent carries on business at any time when the place is open for carrying on business or otherwise open for entry; or\n- (d) the land around premises to ask its occupier for consent to enter the premises.","sortOrder":277},{"sectionNumber":"sec.197","sectionType":"section","heading":"Entry with consent or warrant","content":"### sec.197 Entry with consent or warrant\n\nUnless an inspector is authorised to enter a place under section 196 , an inspector may enter a place only if—\nits occupier consents to the entry; or\nthe entry is authorised by a warrant.\n- (a) its occupier consents to the entry; or\n- (b) the entry is authorised by a warrant.","sortOrder":278},{"sectionNumber":"sec.198","sectionType":"section","heading":"Consent to entry","content":"### sec.198 Consent to entry\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent (a consent acknowledgement ).\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.\n(sec.198-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\n(sec.198-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.198-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent (a consent acknowledgement ).\n(sec.198-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.198-ssec.5) If the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and","sortOrder":279},{"sectionNumber":"sec.199","sectionType":"section","heading":"Evidence of consent","content":"### sec.199 Evidence of consent\n\nSubsection (2) applies if—\nan issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and\na consent acknowledgement is not produced in evidence for the entry; and\nit is not proved the occupier consented to the entry.\nThe court may presume the occupier did not consent.\n(sec.199-ssec.1) Subsection (2) applies if— an issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and a consent acknowledgement is not produced in evidence for the entry; and it is not proved the occupier consented to the entry.\n(sec.199-ssec.2) The court may presume the occupier did not consent.\n- (a) an issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and\n- (b) a consent acknowledgement is not produced in evidence for the entry; and\n- (c) it is not proved the occupier consented to the entry.","sortOrder":280},{"sectionNumber":"sec.200","sectionType":"section","heading":"Application for warrant","content":"### sec.200 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.200-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.200-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.200-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":281},{"sectionNumber":"sec.201","sectionType":"section","heading":"Issue of warrant","content":"### sec.201 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or a corresponding law; and\nthe evidence is at the place, or may be at the place, within the next 7 days.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.201-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or a corresponding law; and the evidence is at the place, or may be at the place, within the next 7 days.\n(sec.201-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or a corresponding law; and\n- (b) the evidence is at the place, or may be at the place, within the next 7 days.\n- (a) that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.","sortOrder":282},{"sectionNumber":"sec.202","sectionType":"section","heading":"Special warrants","content":"### sec.202 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must promptly fax a copy to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspector—\nthe magistrate must tell the inspector—\nwhat the terms of the warrant are; and\nthe date and time the warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe terms of the warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\n(sec.202-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.202-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.202-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.202-ssec.4) After issuing the warrant, the magistrate must promptly fax a copy to the inspector if it is reasonably practicable to fax the copy.\n(sec.202-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the magistrate must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the warrant.\n(sec.202-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\n(sec.202-ssec.7) The inspector must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.202-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.","sortOrder":283},{"sectionNumber":"sec.203","sectionType":"section","heading":"Evidence about special warrants","content":"### sec.203 Evidence about special warrants\n\nSubsection (2) applies if—\nan issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and\nthe warrant is not produced in evidence.\nThe court must presume the exercise of the power was not authorised by a special warrant, unless the contrary is proved.\n(sec.203-ssec.1) Subsection (2) applies if— an issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and the warrant is not produced in evidence.\n(sec.203-ssec.2) The court must presume the exercise of the power was not authorised by a special warrant, unless the contrary is proved.\n- (a) an issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and\n- (b) the warrant is not produced in evidence.","sortOrder":284},{"sectionNumber":"sec.204","sectionType":"section","heading":"General powers after entering places","content":"### sec.204 General powers after entering places\n\nThis section applies to an inspector who enters a place.\nHowever, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act or a corresponding law, the inspector may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place; or\naccess, electronically or in some other way, a system used at the place for conducting an authorised game or other interactive game or for administrative purposes related to the conduct of an authorised game or other interactive game; or\ntake into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\nrequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act or a corresponding law is being complied with.\nWhen making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.204-ssec.1) This section applies to an inspector who enters a place.\n(sec.204-ssec.2) However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\n(sec.204-ssec.3) For monitoring or enforcing compliance with this Act or a corresponding law, the inspector may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or access, electronically or in some other way, a system used at the place for conducting an authorised game or other interactive game or for administrative purposes related to the conduct of an authorised game or other interactive game; or take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act or a corresponding law is being complied with.\n(sec.204-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place; or\n- (e) access, electronically or in some other way, a system used at the place for conducting an authorised game or other interactive game or for administrative purposes related to the conduct of an authorised game or other interactive game; or\n- (f) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or\n- (g) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\n- (h) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act or a corresponding law is being complied with.","sortOrder":285},{"sectionNumber":"sec.205","sectionType":"section","heading":"Failure to help inspector","content":"### sec.205 Failure to help inspector\n\nA person required to give reasonable help under section 204 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act or a corresponding law), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.\n(sec.205-ssec.1) A person required to give reasonable help under section 204 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.205-ssec.2) If the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act or a corresponding law), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.","sortOrder":286},{"sectionNumber":"sec.206","sectionType":"section","heading":"Failure to give information","content":"### sec.206 Failure to give information\n\nA person of whom a requirement is made under section 204 (3) (h) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.206-ssec.1) A person of whom a requirement is made under section 204 (3) (h) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.206-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.","sortOrder":287},{"sectionNumber":"sec.207","sectionType":"section","heading":"Seizing evidence at place that may be entered without consent or warrant","content":"### sec.207 Seizing evidence at place that may be entered without consent or warrant\n\nAn inspector who enters a place that may be entered under this part without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act or a corresponding law.","sortOrder":288},{"sectionNumber":"sec.208","sectionType":"section","heading":"Seizing evidence at places that may only be entered with consent or warrant","content":"### sec.208 Seizing evidence at places that may only be entered with consent or warrant\n\nThis section applies if—\nthe inspector is only authorised to enter the place under this part with the consent of the occupier or a warrant; and\nthe inspector enters the place after obtaining the necessary consent or warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act or a corresponding law; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector may also seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act or a corresponding law; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the inspector may seize a thing at the place if the inspector reasonably believes it is being, has been, or is about to be, used in committing an offence against this Act or a corresponding law.\n(sec.208-ssec.1) This section applies if— the inspector is only authorised to enter the place under this part with the consent of the occupier or a warrant; and the inspector enters the place after obtaining the necessary consent or warrant.\n(sec.208-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence of an offence against this Act or a corresponding law; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.208-ssec.3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.208-ssec.4) The inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act or a corresponding law; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.208-ssec.5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it is being, has been, or is about to be, used in committing an offence against this Act or a corresponding law.\n- (a) the inspector is only authorised to enter the place under this part with the consent of the occupier or a warrant; and\n- (b) the inspector enters the place after obtaining the necessary consent or warrant.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act or a corresponding law; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act or a corresponding law; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":289},{"sectionNumber":"sec.209","sectionType":"section","heading":"Securing things after seizure","content":"### sec.209 Securing things after seizure\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it.\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":290},{"sectionNumber":"sec.210","sectionType":"section","heading":"Tampering with things subject to seizure","content":"### sec.210 Tampering with things subject to seizure\n\nIf an inspector restricts access to a thing subject to seizure, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.\nMaximum penalty—40 penalty units.","sortOrder":291},{"sectionNumber":"sec.211","sectionType":"section","heading":"Powers to support seizure","content":"### sec.211 Powers to support seizure\n\nTo enable a thing to be seized, an inspector may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\nA person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.211-ssec.1) To enable a thing to be seized, an inspector may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.211-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.211-ssec.3) A person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.211-ssec.4) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":292},{"sectionNumber":"sec.212","sectionType":"section","heading":"Receipts to be given on seizure","content":"### sec.212 Receipts to be given on seizure\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).\n(sec.212-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.212-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.212-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.212-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).","sortOrder":293},{"sectionNumber":"sec.213","sectionType":"section","heading":"Forfeiture","content":"### sec.213 Forfeiture\n\nA thing that has been seized under this part is forfeited to the State if the inspector who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act or a corresponding law.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision by written notice.\nSubsection (3) does not apply if—\nthe inspector can not find the owner, after making reasonable inquiries; or\nit is impracticable or would be unreasonable to give the notice.\nThe notice must comply with the QCAT Act , section 157 (2) .\nRegard must be had to a thing’s nature, condition and value—\nin deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts are reasonable; or\nin deciding whether it would be unreasonable to give notice about a thing.\ns 213 amd 2009 No. 24 s 588\n(sec.213-ssec.1) A thing that has been seized under this part is forfeited to the State if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act or a corresponding law.\n(sec.213-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.213-ssec.3) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision by written notice.\n(sec.213-ssec.4) Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice.\n(sec.213-ssec.5) The notice must comply with the QCAT Act , section 157 (2) .\n(sec.213-ssec.6) Regard must be had to a thing’s nature, condition and value— in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts are reasonable; or in deciding whether it would be unreasonable to give notice about a thing.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts; or\n- (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act or a corresponding law.\n- (a) subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) the inspector can not find the owner, after making reasonable inquiries; or\n- (b) it is impracticable or would be unreasonable to give the notice.\n- (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or\n- (b) in deciding whether it would be unreasonable to give notice about a thing.\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or","sortOrder":294},{"sectionNumber":"sec.214","sectionType":"section","heading":"Return of things that have been seized","content":"### sec.214 Return of things that have been seized\n\nIf a thing has been seized but not forfeited, the inspector must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the inspector must promptly return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n(sec.214-ssec.1) If a thing has been seized but not forfeited, the inspector must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.214-ssec.2) Despite subsection (1) , unless the thing has been forfeited, the inspector must promptly return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.","sortOrder":295},{"sectionNumber":"sec.215","sectionType":"section","heading":"Access to things that have been seized","content":"### sec.215 Access to things that have been seized\n\nUntil a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.215-ssec.1) Until a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.215-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":296},{"sectionNumber":"sec.216","sectionType":"section","heading":"Direction to stop using thing","content":"### sec.216 Direction to stop using thing\n\nThis section applies if an inspector reasonably believes—\na thing used in the conduct of an authorised game is unsatisfactory for the purpose for which it is used; and\nthe continued use of the thing may—\njeopardise the integrity of the conduct of authorised games; or\nadversely affect the public interest.\nThe inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using the thing, or allowing the thing to be used, in the conduct of authorised games.\n(sec.216-ssec.1) This section applies if an inspector reasonably believes— a thing used in the conduct of an authorised game is unsatisfactory for the purpose for which it is used; and the continued use of the thing may— jeopardise the integrity of the conduct of authorised games; or adversely affect the public interest.\n(sec.216-ssec.2) The inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using the thing, or allowing the thing to be used, in the conduct of authorised games.\n- (a) a thing used in the conduct of an authorised game is unsatisfactory for the purpose for which it is used; and\n- (b) the continued use of the thing may— (i) jeopardise the integrity of the conduct of authorised games; or (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of authorised games; or\n- (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of authorised games; or\n- (ii) adversely affect the public interest.","sortOrder":297},{"sectionNumber":"sec.217","sectionType":"section","heading":"Requirements about stop directions","content":"### sec.217 Requirements about stop directions\n\nA direction given to a person under section 216 (a stop direction ) may be given orally or by written notice (a stop notice ).\nHowever, if the direction is given orally, it must be confirmed by written notice (also a stop notice ) given to the person as soon as practicable.\nA stop direction may be given for a thing at a place occupied by an authorised provider, an agent or other person involved in Queensland in the conduct of an authorised game.\nA stop direction does not apply to a use of the thing carried out for repairing or testing the thing.\nA stop notice must state—\nthe grounds on which the inspector believes the thing is unsatisfactory; and\nthe circumstances (if any) under which the stop direction may be cancelled.\n(sec.217-ssec.1) A direction given to a person under section 216 (a stop direction ) may be given orally or by written notice (a stop notice ).\n(sec.217-ssec.2) However, if the direction is given orally, it must be confirmed by written notice (also a stop notice ) given to the person as soon as practicable.\n(sec.217-ssec.3) A stop direction may be given for a thing at a place occupied by an authorised provider, an agent or other person involved in Queensland in the conduct of an authorised game.\n(sec.217-ssec.4) A stop direction does not apply to a use of the thing carried out for repairing or testing the thing.\n(sec.217-ssec.5) A stop notice must state— the grounds on which the inspector believes the thing is unsatisfactory; and the circumstances (if any) under which the stop direction may be cancelled.\n- (a) the grounds on which the inspector believes the thing is unsatisfactory; and\n- (b) the circumstances (if any) under which the stop direction may be cancelled.","sortOrder":298},{"sectionNumber":"sec.218","sectionType":"section","heading":"Failure to comply with stop direction","content":"### sec.218 Failure to comply with stop direction\n\nA person to whom a stop direction is given must comply with the direction.\nMaximum penalty—40 penalty units.","sortOrder":299},{"sectionNumber":"sec.219","sectionType":"section","heading":"Power to require name and address","content":"### sec.219 Power to require name and address\n\nThis section applies if—\nan inspector finds a person committing an offence against this Act or a corresponding law; or\nan inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against this Act or a corresponding law.\nThe inspector may require the person to state the person’s name and residential address.\nWhen making the requirement, the inspector must warn the person that it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address to be false.\nA requirement under subsection (2) or (4) is called a personal details requirement .\n(sec.219-ssec.1) This section applies if— an inspector finds a person committing an offence against this Act or a corresponding law; or an inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against this Act or a corresponding law.\n(sec.219-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.219-ssec.3) When making the requirement, the inspector must warn the person that it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.219-ssec.4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address to be false.\n(sec.219-ssec.5) A requirement under subsection (2) or (4) is called a personal details requirement .\n- (a) an inspector finds a person committing an offence against this Act or a corresponding law; or\n- (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against this Act or a corresponding law.","sortOrder":300},{"sectionNumber":"sec.220","sectionType":"section","heading":"Failure to give name or address","content":"### sec.220 Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act or a corresponding law; and\nthe person is not proved to have committed the offence.\n(sec.220-ssec.1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.220-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act or a corresponding law; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act or a corresponding law; and\n- (b) the person is not proved to have committed the offence.","sortOrder":301},{"sectionNumber":"sec.221","sectionType":"section","heading":"Power to require production of documents","content":"### sec.221 Power to require production of documents\n\nAn inspector may require a person to produce or make available for inspection by the inspector (or some other person nominated by the inspector), at a reasonable time and place nominated by the inspector—\na document issued to the person under this Act or a corresponding law; or\na document required to be kept by the person under this Act or a corresponding law; or\nif the person is an authorised provider—a document kept by the authorised provider about the conduct of authorised games by the authorised provider; or\nif the person is an agent—a document kept by the agent about the conduct of authorised games by the authorised provider by whom the agent is appointed.\nThe inspector may keep the document to copy it.\nIf the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe inspector must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\nA requirement under subsection (1) is called a document production requirement .\n(sec.221-ssec.1) An inspector may require a person to produce or make available for inspection by the inspector (or some other person nominated by the inspector), at a reasonable time and place nominated by the inspector— a document issued to the person under this Act or a corresponding law; or a document required to be kept by the person under this Act or a corresponding law; or if the person is an authorised provider—a document kept by the authorised provider about the conduct of authorised games by the authorised provider; or if the person is an agent—a document kept by the agent about the conduct of authorised games by the authorised provider by whom the agent is appointed.\n(sec.221-ssec.2) The inspector may keep the document to copy it.\n(sec.221-ssec.3) If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.221-ssec.4) The inspector must return the document to the person as soon as practicable after copying it.\n(sec.221-ssec.5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\n(sec.221-ssec.6) A requirement under subsection (1) is called a document production requirement .\n- (a) a document issued to the person under this Act or a corresponding law; or\n- (b) a document required to be kept by the person under this Act or a corresponding law; or\n- (c) if the person is an authorised provider—a document kept by the authorised provider about the conduct of authorised games by the authorised provider; or\n- (d) if the person is an agent—a document kept by the agent about the conduct of authorised games by the authorised provider by whom the agent is appointed.","sortOrder":302},{"sectionNumber":"sec.222","sectionType":"section","heading":"Failure to produce document","content":"### sec.222 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.\n(sec.222-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.222-ssec.2) It is a reasonable excuse for a person not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.","sortOrder":303},{"sectionNumber":"sec.223","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.223 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.","sortOrder":304},{"sectionNumber":"sec.224","sectionType":"section","heading":"Power to require attendance of persons","content":"### sec.224 Power to require attendance of persons\n\nAn inspector may require a person, or an executive officer of a corporation, of whom a document production requirement has been made to attend before the inspector to answer questions or give information about the document to which the document production requirement relates.\nAn inspector may require any of the following persons to attend before the inspector to answer questions or give information about the operations of an authorised provider—\nthe authorised provider or, if the authorised provider is a corporation, an executive officer of the authorised provider;\nan employee of the authorised provider;\nan agent for the authorised provider or, if the agent is a corporation, an executive officer of the corporation;\nan employee of an agent mentioned in paragraph (c) ;\nanother person associated with the operations or management of—\nthe authorised provider; or\nan agent mentioned in paragraph (c) .\nAn inspector may require any of the following persons to attend before the inspector to answer questions or give information about an agent’s operations—\nthe agent or, if the agent is a corporation, an executive officer of the agent;\nan employee of the agent;\nthe authorised provider that is the agent’s principal or, if the principal is a corporation, an executive officer of the corporation;\nanother person associated with the operations or management of—\nthe agent; or\nthe authorised provider that is the agent’s principal.\nA requirement made of a person under this section must—\nbe made by written notice given to the person; and\nstate a reasonable time and place for the person’s attendance.\nWhen making the requirement, the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.224-ssec.1) An inspector may require a person, or an executive officer of a corporation, of whom a document production requirement has been made to attend before the inspector to answer questions or give information about the document to which the document production requirement relates.\n(sec.224-ssec.2) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about the operations of an authorised provider— the authorised provider or, if the authorised provider is a corporation, an executive officer of the authorised provider; an employee of the authorised provider; an agent for the authorised provider or, if the agent is a corporation, an executive officer of the corporation; an employee of an agent mentioned in paragraph (c) ; another person associated with the operations or management of— the authorised provider; or an agent mentioned in paragraph (c) .\n(sec.224-ssec.3) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about an agent’s operations— the agent or, if the agent is a corporation, an executive officer of the agent; an employee of the agent; the authorised provider that is the agent’s principal or, if the principal is a corporation, an executive officer of the corporation; another person associated with the operations or management of— the agent; or the authorised provider that is the agent’s principal.\n(sec.224-ssec.4) A requirement made of a person under this section must— be made by written notice given to the person; and state a reasonable time and place for the person’s attendance.\n(sec.224-ssec.5) When making the requirement, the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) the authorised provider or, if the authorised provider is a corporation, an executive officer of the authorised provider;\n- (b) an employee of the authorised provider;\n- (c) an agent for the authorised provider or, if the agent is a corporation, an executive officer of the corporation;\n- (d) an employee of an agent mentioned in paragraph (c) ;\n- (e) another person associated with the operations or management of— (i) the authorised provider; or (ii) an agent mentioned in paragraph (c) .\n- (i) the authorised provider; or\n- (ii) an agent mentioned in paragraph (c) .\n- (i) the authorised provider; or\n- (ii) an agent mentioned in paragraph (c) .\n- (a) the agent or, if the agent is a corporation, an executive officer of the agent;\n- (b) an employee of the agent;\n- (c) the authorised provider that is the agent’s principal or, if the principal is a corporation, an executive officer of the corporation;\n- (d) another person associated with the operations or management of— (i) the agent; or (ii) the authorised provider that is the agent’s principal.\n- (i) the agent; or\n- (ii) the authorised provider that is the agent’s principal.\n- (i) the agent; or\n- (ii) the authorised provider that is the agent’s principal.\n- (a) be made by written notice given to the person; and\n- (b) state a reasonable time and place for the person’s attendance.","sortOrder":305},{"sectionNumber":"sec.225","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.225 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 224 must not, unless the person has a reasonable excuse—\nfail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\nwhen attending before the inspector—\nfail to comply with a requirement to answer a question or give information; or\nstate anything the person knows to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n(sec.225-ssec.1) A person of whom a requirement is made under section 224 must not, unless the person has a reasonable excuse— fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or when attending before the inspector— fail to comply with a requirement to answer a question or give information; or state anything the person knows to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.225-ssec.2) It is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n- (a) fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\n- (b) when attending before the inspector— (i) fail to comply with a requirement to answer a question or give information; or (ii) state anything the person knows to be false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows to be false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows to be false or misleading in a material particular.","sortOrder":306},{"sectionNumber":"sec.226","sectionType":"section","heading":"Power to require financial records","content":"### sec.226 Power to require financial records\n\nThis section applies to a person who is the manager or other principal officer at a place of business of a financial institution at which—\nan authorised provider keeps an account in relation to the authorised provider’s operations; or\nan agent keeps an account in relation to the agent’s operations.\nAn inspector may, by written notice given to the person, require the person to give to the inspector, within the time (not less than 7 days) stated in the notice—\na statement of account for the account; or\ncopies of cheques or other records relevant to the account; or\nother particulars or documents relevant to the account stated in the notice.\nAn inspector may make a requirement under subsection (2) (a financial records requirement ) only with the written approval of the chief executive.\n(sec.226-ssec.1) This section applies to a person who is the manager or other principal officer at a place of business of a financial institution at which— an authorised provider keeps an account in relation to the authorised provider’s operations; or an agent keeps an account in relation to the agent’s operations.\n(sec.226-ssec.2) An inspector may, by written notice given to the person, require the person to give to the inspector, within the time (not less than 7 days) stated in the notice— a statement of account for the account; or copies of cheques or other records relevant to the account; or other particulars or documents relevant to the account stated in the notice.\n(sec.226-ssec.3) An inspector may make a requirement under subsection (2) (a financial records requirement ) only with the written approval of the chief executive.\n- (a) an authorised provider keeps an account in relation to the authorised provider’s operations; or\n- (b) an agent keeps an account in relation to the agent’s operations.\n- (a) a statement of account for the account; or\n- (b) copies of cheques or other records relevant to the account; or\n- (c) other particulars or documents relevant to the account stated in the notice.","sortOrder":307},{"sectionNumber":"sec.227","sectionType":"section","heading":"Effect of compliance with financial records requirement","content":"### sec.227 Effect of compliance with financial records requirement\n\nNo liability for breach of trust or on any other basis attaches to a person who is the manager or other principal officer at a place of business of a financial institution merely because the person complies with a financial records requirement.\nNo liability for breach of trust or on any other basis attaches to a financial institution merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.\n(sec.227-ssec.1) No liability for breach of trust or on any other basis attaches to a person who is the manager or other principal officer at a place of business of a financial institution merely because the person complies with a financial records requirement.\n(sec.227-ssec.2) No liability for breach of trust or on any other basis attaches to a financial institution merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.","sortOrder":308},{"sectionNumber":"sec.228","sectionType":"section","heading":"Failure to comply with financial records requirement","content":"### sec.228 Failure to comply with financial records requirement\n\nA person of whom a financial records requirement is made must comply with the requirement within the time stated in the relevant notice, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.","sortOrder":309},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Powers of Minister","content":"## Powers of Minister","sortOrder":310},{"sectionNumber":"sec.229","sectionType":"section","heading":"Direction about management practice","content":"### sec.229 Direction about management practice\n\nThis section applies if the Minister reasonably believes—\nthe management, supervision or control of a part of the operations of a licensed provider, or an agent for a licensed provider, (the management practice ) is unsatisfactory; and\nthe management practice may—\ncompromise proper standards of integrity in the conduct of authorised games; or\nadversely affect the public interest in some other way.\nThe Minister may direct the licensed provider or the agent to stop, or change, the management practice.\nThe direction must—\nbe in writing; and\nstate the grounds on which the Minister believes the management practice is unsatisfactory; and\nif the person is required to change the management practice—clearly describe how the practice is to be changed; and\nstate when the person is required to comply with the direction.\nA person to whom a direction is given must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.229-ssec.1) This section applies if the Minister reasonably believes— the management, supervision or control of a part of the operations of a licensed provider, or an agent for a licensed provider, (the management practice ) is unsatisfactory; and the management practice may— compromise proper standards of integrity in the conduct of authorised games; or adversely affect the public interest in some other way.\n(sec.229-ssec.2) The Minister may direct the licensed provider or the agent to stop, or change, the management practice.\n(sec.229-ssec.3) The direction must— be in writing; and state the grounds on which the Minister believes the management practice is unsatisfactory; and if the person is required to change the management practice—clearly describe how the practice is to be changed; and state when the person is required to comply with the direction.\n(sec.229-ssec.4) A person to whom a direction is given must comply with the direction unless the person has a reasonable excuse. Maximum penalty for subsection (4) —40 penalty units.\n- (a) the management, supervision or control of a part of the operations of a licensed provider, or an agent for a licensed provider, (the management practice ) is unsatisfactory; and\n- (b) the management practice may— (i) compromise proper standards of integrity in the conduct of authorised games; or (ii) adversely affect the public interest in some other way.\n- (i) compromise proper standards of integrity in the conduct of authorised games; or\n- (ii) adversely affect the public interest in some other way.\n- (i) compromise proper standards of integrity in the conduct of authorised games; or\n- (ii) adversely affect the public interest in some other way.\n- (a) be in writing; and\n- (b) state the grounds on which the Minister believes the management practice is unsatisfactory; and\n- (c) if the person is required to change the management practice—clearly describe how the practice is to be changed; and\n- (d) state when the person is required to comply with the direction.","sortOrder":311},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"General enforcement matters","content":"## General enforcement matters","sortOrder":312},{"sectionNumber":"sec.230","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.230 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized—whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.230-ssec.1) On conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.230-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized—whether or not the thing has been returned to its owner.\n(sec.230-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.230-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized—whether or not the thing has been returned to its owner.","sortOrder":313},{"sectionNumber":"sec.231","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.231 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy the thing.\n(sec.231-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.231-ssec.2) Without limiting subsection (1) , the chief executive may destroy the thing.","sortOrder":314},{"sectionNumber":"sec.232","sectionType":"section","heading":"Notice of damage","content":"### sec.232 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an inspector damages something.\nThe inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the thing.\nIf the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state that belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the inspector reasonably considers trivial.\nIn this section—\nowner , of a thing, includes the person in possession or control of it.\n(sec.232-ssec.1) This section applies if— an inspector damages something when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages something.\n(sec.232-ssec.2) The inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the thing.\n(sec.232-ssec.3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state that belief in the notice.\n(sec.232-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.232-ssec.5) This section does not apply to damage the inspector reasonably considers trivial.\n(sec.232-ssec.6) In this section— owner , of a thing, includes the person in possession or control of it.\n- (a) an inspector damages something when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an inspector damages something.","sortOrder":315},{"sectionNumber":"sec.233","sectionType":"section","heading":"Compensation","content":"### sec.233 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 —\nsubdivision 2 (Power to enter places)\nsubdivision 4 (General powers)\nsubdivision 5 (Power to seize evidence)\nsubdivision 7 (Power to obtain information).\nHowever, if an external inspector exercised or purported to exercise the relevant power, a claim under this section is to be made against—\nthe inspector; or\na person designated under the intergovernmental agreement as a person against whom claims may be made under this section for acts of the inspector.\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.233-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 — subdivision 2 (Power to enter places) subdivision 4 (General powers) subdivision 5 (Power to seize evidence) subdivision 7 (Power to obtain information).\n(sec.233-ssec.2) However, if an external inspector exercised or purported to exercise the relevant power, a claim under this section is to be made against— the inspector; or a person designated under the intergovernmental agreement as a person against whom claims may be made under this section for acts of the inspector.\n(sec.233-ssec.3) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.233-ssec.4) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.233-ssec.5) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.233-ssec.6) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- • subdivision 2 (Power to enter places)\n- • subdivision 4 (General powers)\n- • subdivision 5 (Power to seize evidence)\n- • subdivision 7 (Power to obtain information).\n- (a) the inspector; or\n- (b) a person designated under the intergovernmental agreement as a person against whom claims may be made under this section for acts of the inspector.\n- (a) brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":316},{"sectionNumber":"sec.234","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.234 Protecting officials from liability\n\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\nan inspector; or\na person acting under the direction of an inspector.\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a civil liability attaching to an official (other than an external inspector or a person acting under the direction of an external inspector), the liability attaches instead to the State.\nIf subsection (2) prevents a civil liability attaching to an external inspector or a person acting under the direction of an external inspector, the liability attaches instead to—\na person designated under the intergovernmental agreement as the person to whom liability attaches under this section for acts of the inspector; or\nif no person is so designated—the State.\n(sec.234-ssec.1) In this section— official means— the Minister; or the chief executive; or an inspector; or a person acting under the direction of an inspector.\n(sec.234-ssec.2) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.234-ssec.3) If subsection (2) prevents a civil liability attaching to an official (other than an external inspector or a person acting under the direction of an external inspector), the liability attaches instead to the State.\n(sec.234-ssec.4) If subsection (2) prevents a civil liability attaching to an external inspector or a person acting under the direction of an external inspector, the liability attaches instead to— a person designated under the intergovernmental agreement as the person to whom liability attaches under this section for acts of the inspector; or if no person is so designated—the State.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) an inspector; or\n- (d) a person acting under the direction of an inspector.\n- (a) a person designated under the intergovernmental agreement as the person to whom liability attaches under this section for acts of the inspector; or\n- (b) if no person is so designated—the State.","sortOrder":317},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"General enforcement offences","content":"## General enforcement offences","sortOrder":318},{"sectionNumber":"sec.235","sectionType":"section","heading":"False or misleading statements","content":"### sec.235 False or misleading statements\n\nA person must not state anything to an inspector the person knows to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.235-ssec.1) A person must not state anything to an inspector the person knows to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.235-ssec.2) It is enough for a complaint for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.","sortOrder":319},{"sectionNumber":"sec.236","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.236 False, misleading or incomplete documents\n\nA person must not give an inspector a document containing information the person knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nAlso, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.\n(sec.236-ssec.1) A person must not give an inspector a document containing information the person knows to be false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units.\n(sec.236-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.236-ssec.3) Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units.\n(sec.236-ssec.4) It is enough for a complaint for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.\n- (a) tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":320},{"sectionNumber":"sec.237","sectionType":"section","heading":"Obstructing inspectors","content":"### sec.237 Obstructing inspectors\n\nA person must not obstruct an inspector in the exercise of a power (or someone helping an inspector in the exercise of a power), unless the person has a reasonable excuse for the obstruction.\nMaximum penalty—40 penalty units.\nIf a person has obstructed an inspector (or someone helping an inspector) and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to cause an obstruction, unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction.\n(sec.237-ssec.1) A person must not obstruct an inspector in the exercise of a power (or someone helping an inspector in the exercise of a power), unless the person has a reasonable excuse for the obstruction. Maximum penalty—40 penalty units.\n(sec.237-ssec.2) If a person has obstructed an inspector (or someone helping an inspector) and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to cause an obstruction, unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction.\n- (a) it is an offence to cause an obstruction, unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction.","sortOrder":321},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":322},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":323},{"sectionNumber":"sec.238","sectionType":"section","heading":"Application of division","content":"### sec.238 Application of division\n\nThis division applies to a proceeding under this Act.","sortOrder":324},{"sectionNumber":"sec.239","sectionType":"section","heading":"Appointments and authority","content":"### sec.239 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nan inspector’s appointment; or\nthe authority of the chief executive or an inspector to do anything under this Act.\n- (a) the chief executive’s appointment; or\n- (b) an inspector’s appointment; or\n- (c) the authority of the chief executive or an inspector to do anything under this Act.","sortOrder":325},{"sectionNumber":"sec.240","sectionType":"section","heading":"Signatures","content":"### sec.240 Signatures\n\nA signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.","sortOrder":326},{"sectionNumber":"sec.241","sectionType":"section","heading":"Evidentiary aids","content":"### sec.241 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act or a corresponding law—\nan appointment, approval or decision;\na notice, direction or requirement;\na licence;\na record, or an extract from a record;\na stated document is another document kept under this Act or a corresponding law;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not the holder of a licence;\non a stated day, or during a stated period, a licence—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day—\na licence was suspended for a stated period, surrendered or cancelled; or\nan agency agreement was cancelled;\non a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector) or a stated approval was, or was not, in force for a stated person or thing;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid;\nanything else prescribed under a regulation.\nIn this section—\nlicence means an interactive gambling licence or a key person licence.\n(sec.241-ssec.1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act or a corresponding law— an appointment, approval or decision; a notice, direction or requirement; a licence; a record, or an extract from a record; a stated document is another document kept under this Act or a corresponding law; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, a stated person was or was not the holder of a licence; on a stated day, or during a stated period, a licence— was or was not in force; or was or was not subject to a stated condition; on a stated day— a licence was suspended for a stated period, surrendered or cancelled; or an agency agreement was cancelled; on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector) or a stated approval was, or was not, in force for a stated person or thing; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid; anything else prescribed under a regulation.\n(sec.241-ssec.2) In this section— licence means an interactive gambling licence or a key person licence.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act or a corresponding law— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a licence; (iv) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a licence;\n- (iv) a record, or an extract from a record;\n- (b) a stated document is another document kept under this Act or a corresponding law;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not the holder of a licence;\n- (e) on a stated day, or during a stated period, a licence— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (f) on a stated day— (i) a licence was suspended for a stated period, surrendered or cancelled; or (ii) an agency agreement was cancelled;\n- (i) a licence was suspended for a stated period, surrendered or cancelled; or\n- (ii) an agency agreement was cancelled;\n- (g) on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector) or a stated approval was, or was not, in force for a stated person or thing;\n- (h) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (i) on a stated day, a stated requirement was made of a stated person;\n- (j) a stated amount is payable under this Act by a stated person and has not been paid;\n- (k) anything else prescribed under a regulation.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a licence;\n- (iv) a record, or an extract from a record;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (i) a licence was suspended for a stated period, surrendered or cancelled; or\n- (ii) an agency agreement was cancelled;","sortOrder":327},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":328},{"sectionNumber":"sec.242","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.242 Indictable and summary offences\n\nAn offence against section 169 , 170 or 172 is an indictable offence.\nAny other offence against this Act is a summary offence.\n(sec.242-ssec.1) An offence against section 169 , 170 or 172 is an indictable offence.\n(sec.242-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":329},{"sectionNumber":"sec.243","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.243 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceedings must be disregarded; and\nevidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n(sec.243-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.243-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers the charge should be prosecuted on indictment.\n(sec.243-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceedings must be disregarded; and evidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.243-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceedings must be disregarded; and\n- (c) evidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":330},{"sectionNumber":"sec.244","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.244 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge of an indictable offence; or\nfor an examination of witnesses for a charge of an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.244-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge of an indictable offence; or for an examination of witnesses for a charge of an indictable offence.\n(sec.244-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge of an indictable offence; or\n- (b) for an examination of witnesses for a charge of an indictable offence.","sortOrder":331},{"sectionNumber":"sec.245","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.245 Limitation on time for starting summary proceedings\n\nA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 may start at any time but if started more than 1 year after the commission of the offence must start within 6 months after the offence comes to the complainant’s knowledge.","sortOrder":332},{"sectionNumber":"sec.246","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.246 Responsibility for acts or omissions of representatives\n\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\nSubsections (3) and (4) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.246-ssec.1) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n(sec.246-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.\n(sec.246-ssec.3) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.246-ssec.4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.","sortOrder":333},{"sectionNumber":"sec.247","sectionType":"section","heading":"Executive officer may be taken to have committed offence against s 119 (1)","content":"### sec.247 Executive officer may be taken to have committed offence against s 119 (1)\n\nIf a corporation commits an offence against section 119 (1) , each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against section 119 (1) whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against section 119 (1) ;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 119 (1) .\ns 247 sub 2013 No. 51 s 75\n(sec.247-ssec.1) If a corporation commits an offence against section 119 (1) , each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.247-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 119 (1) whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.247-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 119 (1) ; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 119 (1) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against section 119 (1) ;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 119 (1) .","sortOrder":334},{"sectionNumber":"sec.248","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.248 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nThe maximum penalty for an attempt is one-half the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.248-ssec.1) A person who attempts to commit an offence against this Act commits an offence.\n(sec.248-ssec.2) The maximum penalty for an attempt is one-half the maximum penalty for the completed offence.\n(sec.248-ssec.3) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":335},{"sectionNumber":"pt.10","sectionType":"part","heading":"Reviews by tribunal","content":"# Reviews by tribunal","sortOrder":336},{"sectionNumber":"sec.249","sectionType":"section","heading":"When licensed providers may apply for review","content":"### sec.249 When licensed providers may apply for review\n\nA licensed provider may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive mentioned in schedule 2 , part 1 .\ns 249 sub 2009 No. 24 s 589","sortOrder":337},{"sectionNumber":"sec.250","sectionType":"section","heading":"When applicants for key person licences may apply for review","content":"### sec.250 When applicants for key person licences may apply for review\n\nAn applicant for a key person licence may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive under section 66 to refuse to grant the application.\ns 250 sub 2009 No. 24 s 589","sortOrder":338},{"sectionNumber":"sec.251","sectionType":"section","heading":"When key person licensees may apply for review","content":"### sec.251 When key person licensees may apply for review\n\nA key person licensee may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive mentioned in schedule 2 , part 2 .\ns 251 sub 2009 No. 24 s 589","sortOrder":339},{"sectionNumber":"sec.252","sectionType":"section","heading":"When agents may apply for review","content":"### sec.252 When agents may apply for review\n\nAn agent may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive mentioned in schedule 2 , part 3 .\ns 252 sub 2009 No. 24 s 589","sortOrder":340},{"sectionNumber":"sec.253","sectionType":"section","heading":"When other persons may apply for review","content":"### sec.253 When other persons may apply for review\n\nThe owner of a thing seized by an inspector may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of an inspector under section 213 to forfeit the thing.\nA person may apply, as provided under the QCAT Act , to the tribunal for a review of the following decisions—\na decision of a licensed provider, under section 137C , to give the person an exclusion direction;\na decision of a licensed provider, under section 137F , refusing to revoke an exclusion direction given to the person.\ns 253 amd 2004 No. 21 s 68\nsub 2009 No. 24 s 589\n(sec.253-ssec.1) The owner of a thing seized by an inspector may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of an inspector under section 213 to forfeit the thing.\n(sec.253-ssec.2) A person may apply, as provided under the QCAT Act , to the tribunal for a review of the following decisions— a decision of a licensed provider, under section 137C , to give the person an exclusion direction; a decision of a licensed provider, under section 137F , refusing to revoke an exclusion direction given to the person.\n- (a) a decision of a licensed provider, under section 137C , to give the person an exclusion direction;\n- (b) a decision of a licensed provider, under section 137F , refusing to revoke an exclusion direction given to the person.","sortOrder":341},{"sectionNumber":"sec.254","sectionType":"section","heading":"Tribunal to decide review on evidence before the chief executive","content":"### sec.254 Tribunal to decide review on evidence before the chief executive\n\nIn a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—\nhear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\ndecide the review of the decision in accordance with the same law that applied to the making of the original decision.\nIf the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—\nheard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\ndecided in accordance with the same law that applied to the making of the original decision.\nIn this section—\noriginal decision means the decision of the chief executive to which the proceeding for the review relates.\ns 254 amd 2002 No. 43 s 86\nsub 2009 No. 24 s 589\n(sec.254-ssec.1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n(sec.254-ssec.2) If the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision.\n(sec.254-ssec.3) In this section— original decision means the decision of the chief executive to which the proceeding for the review relates.\n- (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\n- (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n- (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\n- (b) decided in accordance with the same law that applied to the making of the original decision.","sortOrder":342},{"sectionNumber":"sec.255","sectionType":"section","heading":"Tribunal may give leave for review to be decided on new evidence in particular circumstances","content":"### sec.255 Tribunal may give leave for review to be decided on new evidence in particular circumstances\n\nDespite section 254 , the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied—\nthe party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and\nin the circumstances, it would be unfair not to allow the party to present the new evidence.\nIf the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\nIn this section—\nnew evidence means evidence that was not before the chief executive when the decision was made.\ns 255 sub 2009 No. 24 s 589\n(sec.255-ssec.1) Despite section 254 , the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied— the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and in the circumstances, it would be unfair not to allow the party to present the new evidence.\n(sec.255-ssec.2) If the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\n(sec.255-ssec.3) In this section— new evidence means evidence that was not before the chief executive when the decision was made.\n- (a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and\n- (b) in the circumstances, it would be unfair not to allow the party to present the new evidence.","sortOrder":343},{"sectionNumber":"sec.256","sectionType":"section","heading":"Appeals from tribunal only to Court of Appeal on a question of law","content":"### sec.256 Appeals from tribunal only to Court of Appeal on a question of law\n\nThis section applies to a decision of the tribunal (the tribunal decision ) in a proceeding for a review of a decision mentioned in sections 249 to 253 .\nThe QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\nA party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.\nTo remove any doubt, it is declared that the QCAT Act , section 149 does not apply to the tribunal decision.\nSee the QCAT Act , sections 151 to 153 , 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.\ns 256 sub 2009 No. 24 s 589\n(sec.256-ssec.1) This section applies to a decision of the tribunal (the tribunal decision ) in a proceeding for a review of a decision mentioned in sections 249 to 253 .\n(sec.256-ssec.2) The QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\n(sec.256-ssec.3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.\n(sec.256-ssec.4) To remove any doubt, it is declared that the QCAT Act , section 149 does not apply to the tribunal decision. See the QCAT Act , sections 151 to 153 , 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.","sortOrder":344},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 om 2009 No. 24 s 589","sortOrder":345},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 om 2009 No. 24 s 589","sortOrder":346},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 sub 2004 No. 21 s 69\nom 2009 No. 24 s 589","sortOrder":347},{"sectionNumber":"sec.259A","sectionType":"section","heading":null,"content":"### Section sec.259A\n\ns 259A ins 2004 No. 21 s 69\nom 2009 No. 24 s 589","sortOrder":348},{"sectionNumber":"sec.259B","sectionType":"section","heading":null,"content":"### Section sec.259B\n\ns 259B ins 2004 No. 21 s 69\nom 2009 No. 24 s 589","sortOrder":349},{"sectionNumber":"sec.259C","sectionType":"section","heading":null,"content":"### Section sec.259C\n\ns 259C ins 2004 No. 21 s 69\nom 2009 No. 24 s 589","sortOrder":350},{"sectionNumber":"sec.259D","sectionType":"section","heading":null,"content":"### Section sec.259D\n\ns 259D ins 2004 No. 21 s 69\nom 2009 No. 24 s 589","sortOrder":351},{"sectionNumber":"sec.259E","sectionType":"section","heading":null,"content":"### Section sec.259E\n\ns 259E ins 2004 No. 21 s 69\nom 2009 No. 24 s 589","sortOrder":352},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":353},{"sectionNumber":"sec.260","sectionType":"section","heading":"Confidentiality of information","content":"### sec.260 Confidentiality of information\n\nA person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to the disclosure of confidential information by a person—\nfor a purpose under this Act, a gaming Act or a corresponding law; or\nwith a lawful excuse; or\nunder an approval of the chief executive under this section.\nThe chief executive may approve the disclosure of confidential information by a person to—\nan entity prescribed under a regulation; or\nan officer, employee or member of the entity; or\na stated department, person or other entity.\nBefore giving an approval for subsection (3) (c) , the chief executive must—\ngive written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and\ngive the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\nIf confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.\nIn this section—\nconfidential information means information, other than information that is publicly available, about—\na person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or\na person making an application under this Act.\ns 260 amd 2004 No. 21 s 70\n(sec.260-ssec.1) A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.260-ssec.2) Subsection (1) does not apply to the disclosure of confidential information by a person— for a purpose under this Act, a gaming Act or a corresponding law; or with a lawful excuse; or under an approval of the chief executive under this section.\n(sec.260-ssec.3) The chief executive may approve the disclosure of confidential information by a person to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity.\n(sec.260-ssec.4) Before giving an approval for subsection (3) (c) , the chief executive must— give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\n(sec.260-ssec.5) If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.\n(sec.260-ssec.6) In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act.\n- (a) for a purpose under this Act, a gaming Act or a corresponding law; or\n- (b) with a lawful excuse; or\n- (c) under an approval of the chief executive under this section.\n- (a) an entity prescribed under a regulation; or\n- (b) an officer, employee or member of the entity; or\n- (c) a stated department, person or other entity.\n- (a) give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and\n- (b) give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\n- (a) a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or\n- (b) a person making an application under this Act.","sortOrder":354},{"sectionNumber":"sec.261","sectionType":"section","heading":"Delegations","content":"### sec.261 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to—\nthe chief executive; or\nan appropriately qualified appointed inspector or an appropriately qualified officer of the department.\nThe chief executive may delegate the chief executive’s powers under this Act to—\nan appropriately qualified appointed inspector; or\nan appropriately qualified officer of the department.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the public service\ns 261 amd 2002 No. 43 s 87\nsub 2005 No. 12 s 56\n(sec.261-ssec.1) The Minister may delegate the Minister’s powers under this Act to— the chief executive; or an appropriately qualified appointed inspector or an appropriately qualified officer of the department.\n(sec.261-ssec.2) The chief executive may delegate the chief executive’s powers under this Act to— an appropriately qualified appointed inspector; or an appropriately qualified officer of the department.\n(sec.261-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the public service\n- (a) the chief executive; or\n- (b) an appropriately qualified appointed inspector or an appropriately qualified officer of the department.\n- (a) an appropriately qualified appointed inspector; or\n- (b) an appropriately qualified officer of the department.","sortOrder":355},{"sectionNumber":"sec.261A","sectionType":"section","heading":"Cancellation of Gocorp’s interactive gambling licence","content":"### sec.261A Cancellation of Gocorp’s interactive gambling licence\n\nGocorp’s interactive gambling licence is cancelled on the due day unless, before the due day—\nGocorp satisfies the chief executive of all of the following—\nneither Navari nor Topki has a beneficial interest (whether direct or indirect) in Gocorp;\nneither Navari nor Topki is a business or executive associate of Gocorp;\nthere is no disqualified person with a beneficial interest (whether direct or indirect) in Gocorp;\nthere is no disqualified person who is a business or executive associate of Gocorp; and\nthe chief executive, by gazette notice, declares that, having regard to representations made by Gocorp for the purposes of paragraph (a) , the chief executive is satisfied of the matters mentioned in paragraph (a) (i) to (iv) .\nIn this section—\ndue day means the day that is 30 days after the commencement of this section.\nGocorp means GOCORP Limited (ACN 083 201 923).\nNavari means Navari Pty Ltd (ACN 063 913 020).\nTopki means Topki Holdings Pty Ltd (ACN 003 726 841).\ns 261A ins 1999 No. 37 s 4\n(sec.261A-ssec.1) Gocorp’s interactive gambling licence is cancelled on the due day unless, before the due day— Gocorp satisfies the chief executive of all of the following— neither Navari nor Topki has a beneficial interest (whether direct or indirect) in Gocorp; neither Navari nor Topki is a business or executive associate of Gocorp; there is no disqualified person with a beneficial interest (whether direct or indirect) in Gocorp; there is no disqualified person who is a business or executive associate of Gocorp; and the chief executive, by gazette notice, declares that, having regard to representations made by Gocorp for the purposes of paragraph (a) , the chief executive is satisfied of the matters mentioned in paragraph (a) (i) to (iv) .\n(sec.261A-ssec.2) In this section— due day means the day that is 30 days after the commencement of this section. Gocorp means GOCORP Limited (ACN 083 201 923). Navari means Navari Pty Ltd (ACN 063 913 020). Topki means Topki Holdings Pty Ltd (ACN 003 726 841).\n- (a) Gocorp satisfies the chief executive of all of the following— (i) neither Navari nor Topki has a beneficial interest (whether direct or indirect) in Gocorp; (ii) neither Navari nor Topki is a business or executive associate of Gocorp; (iii) there is no disqualified person with a beneficial interest (whether direct or indirect) in Gocorp; (iv) there is no disqualified person who is a business or executive associate of Gocorp; and\n- (i) neither Navari nor Topki has a beneficial interest (whether direct or indirect) in Gocorp;\n- (ii) neither Navari nor Topki is a business or executive associate of Gocorp;\n- (iii) there is no disqualified person with a beneficial interest (whether direct or indirect) in Gocorp;\n- (iv) there is no disqualified person who is a business or executive associate of Gocorp; and\n- (b) the chief executive, by gazette notice, declares that, having regard to representations made by Gocorp for the purposes of paragraph (a) , the chief executive is satisfied of the matters mentioned in paragraph (a) (i) to (iv) .\n- (i) neither Navari nor Topki has a beneficial interest (whether direct or indirect) in Gocorp;\n- (ii) neither Navari nor Topki is a business or executive associate of Gocorp;\n- (iii) there is no disqualified person with a beneficial interest (whether direct or indirect) in Gocorp;\n- (iv) there is no disqualified person who is a business or executive associate of Gocorp; and","sortOrder":356},{"sectionNumber":"sec.261B","sectionType":"section","heading":"Person not to profit from a transaction ending or lessening a prohibited person’s interest in Gocorp","content":"### sec.261B Person not to profit from a transaction ending or lessening a prohibited person’s interest in Gocorp\n\nThis section applies if—\nbefore the due day as defined under section 261A , a person (the first person ) disposes of an interest; and\nbecause of the disposal, a prohibited person—\nno longer has a beneficial interest in Gocorp; or\nhas less of a beneficial interest in Gocorp than the prohibited person had before the disposal; and\nthe consideration received for the interest disposed of is more than the consideration given by the first person in acquiring the interest.\nA disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp. Before the due day, the person sells all or some of the person’s shares in ABC Pty Ltd for more than the person originally paid for them.\nA disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp. Before the due day, ABC Pty Ltd sells all or some of its shares in Gocorp for more than ABC Pty Ltd originally paid for them.\nThe amount of the difference between the consideration received for the interest disposed of and the consideration given by the first person in acquiring the interest is forfeited from the first person to the State.\nIf the consideration received or given consists wholly or partly of something other than money, a reference in subsection (1) or (2) to the consideration is a reference to the monetary value of the consideration.\nIf the first person is a corporation, the first person and its directors are jointly and severally liable for an amount forfeited to the State under subsection (2) .\nThe chief executive may, by written notice given to a person, require the person to give the chief executive, within the reasonable time stated in the notice (but not less than 14 days), information or a document that is necessary and reasonable to help the chief executive decide what amount, if any, is forfeited to the State under subsection (2) .\nA person must comply with a requirement made under subsection (5) .\nMaximum penalty—200 penalty units.\nThe chief executive may recover an amount forfeited under subsection (2) as a debt payable to the State.\nThis section applies to a disposal mentioned in subsection (1) —\nwhether the disposal happened before or after the commencement of this section; and\nwhether the consideration was received before or after the commencement of this section or will be received at any future time.\nThis section has effect despite anything in the Corporations Act .\nIn this section—\nGocorp means GOCORP Limited (ACN 083 201 923).\nprohibited person means Navari Pty Ltd (ACN 063 913 020), Topki Holdings Pty Ltd (ACN 003 726 841) or a disqualified person.\ns 261B ins 1999 No. 37 s 4\namd 2001 No. 45 s 29 sch 3\n(sec.261B-ssec.1) This section applies if— before the due day as defined under section 261A , a person (the first person ) disposes of an interest; and because of the disposal, a prohibited person— no longer has a beneficial interest in Gocorp; or has less of a beneficial interest in Gocorp than the prohibited person had before the disposal; and the consideration received for the interest disposed of is more than the consideration given by the first person in acquiring the interest. A disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp. Before the due day, the person sells all or some of the person’s shares in ABC Pty Ltd for more than the person originally paid for them. A disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp. Before the due day, ABC Pty Ltd sells all or some of its shares in Gocorp for more than ABC Pty Ltd originally paid for them.\n(sec.261B-ssec.2) The amount of the difference between the consideration received for the interest disposed of and the consideration given by the first person in acquiring the interest is forfeited from the first person to the State.\n(sec.261B-ssec.3) If the consideration received or given consists wholly or partly of something other than money, a reference in subsection (1) or (2) to the consideration is a reference to the monetary value of the consideration.\n(sec.261B-ssec.4) If the first person is a corporation, the first person and its directors are jointly and severally liable for an amount forfeited to the State under subsection (2) .\n(sec.261B-ssec.5) The chief executive may, by written notice given to a person, require the person to give the chief executive, within the reasonable time stated in the notice (but not less than 14 days), information or a document that is necessary and reasonable to help the chief executive decide what amount, if any, is forfeited to the State under subsection (2) .\n(sec.261B-ssec.6) A person must comply with a requirement made under subsection (5) . Maximum penalty—200 penalty units.\n(sec.261B-ssec.7) The chief executive may recover an amount forfeited under subsection (2) as a debt payable to the State.\n(sec.261B-ssec.8) This section applies to a disposal mentioned in subsection (1) — whether the disposal happened before or after the commencement of this section; and whether the consideration was received before or after the commencement of this section or will be received at any future time.\n(sec.261B-ssec.9) This section has effect despite anything in the Corporations Act .\n(sec.261B-ssec.10) In this section— Gocorp means GOCORP Limited (ACN 083 201 923). prohibited person means Navari Pty Ltd (ACN 063 913 020), Topki Holdings Pty Ltd (ACN 003 726 841) or a disqualified person.\n- (a) before the due day as defined under section 261A , a person (the first person ) disposes of an interest; and\n- (b) because of the disposal, a prohibited person— (i) no longer has a beneficial interest in Gocorp; or (ii) has less of a beneficial interest in Gocorp than the prohibited person had before the disposal; and\n- (i) no longer has a beneficial interest in Gocorp; or\n- (ii) has less of a beneficial interest in Gocorp than the prohibited person had before the disposal; and\n- (c) the consideration received for the interest disposed of is more than the consideration given by the first person in acquiring the interest.\n- (i) no longer has a beneficial interest in Gocorp; or\n- (ii) has less of a beneficial interest in Gocorp than the prohibited person had before the disposal; and\n- 1 A disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp. Before the due day, the person sells all or some of the person’s shares in ABC Pty Ltd for more than the person originally paid for them.\n- 2 A disqualified person has shares in ABC Pty Ltd, which has shares in Gocorp. Before the due day, ABC Pty Ltd sells all or some of its shares in Gocorp for more than ABC Pty Ltd originally paid for them.\n- (a) whether the disposal happened before or after the commencement of this section; and\n- (b) whether the consideration was received before or after the commencement of this section or will be received at any future time.","sortOrder":357},{"sectionNumber":"sec.261C","sectionType":"section","heading":"State immunity","content":"### sec.261C State immunity\n\nThe State is not civilly liable because of section 261A or 261B or anything done, or omitted to be done, for the purposes of those sections.\nIn this section—\nState includes an employee or agent of the State and a Minister.\ns 261C ins 1999 No. 37 s 4\n(sec.261C-ssec.1) The State is not civilly liable because of section 261A or 261B or anything done, or omitted to be done, for the purposes of those sections.\n(sec.261C-ssec.2) In this section— State includes an employee or agent of the State and a Minister.","sortOrder":358},{"sectionNumber":"sec.261D","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.261D Chief executive may make guidelines\n\nThe chief executive may make guidelines to inform persons about—\nthe attitude the chief executive is likely to adopt on a particular matter; or\nhow the chief executive administers this Act.\nThe chief executive must publish the guidelines on the department’s website.\ns 261D ins 2022 No. 23 s 76\n(sec.261D-ssec.1) The chief executive may make guidelines to inform persons about— the attitude the chief executive is likely to adopt on a particular matter; or how the chief executive administers this Act.\n(sec.261D-ssec.2) The chief executive must publish the guidelines on the department’s website.\n- (a) the attitude the chief executive is likely to adopt on a particular matter; or\n- (b) how the chief executive administers this Act.","sortOrder":359},{"sectionNumber":"sec.262","sectionType":"section","heading":"Approval of forms","content":"### sec.262 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":360},{"sectionNumber":"sec.263","sectionType":"section","heading":"Regulation-making power","content":"### sec.263 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may impose a penalty of not more than 20 penalty units for a contravention of the regulation.\nSubsection (2) does not limit any forfeiture under a regulation.\nA regulation may—\nprohibit a disqualified person from having, or otherwise limit the extent to which a disqualified person may have, a beneficial interest in a licensed corporation; or\nrequire a licensed corporation to ensure that a disqualified person is not a business or executive associate of the corporation; or\nprohibit a disqualified person from holding an interactive gambling licence or key person licence; or\nprovide for fees payable under this Act and the matters for which fees are payable; or\nprovide for the methods of payment used—\nwith regulated interactive gambling equipment; or\nto participate in interactive gambling; or\nfor paying prizes or refunding an amount wagered on an interactive game; or\nfor making a deposit to, or a withdrawal from, a player’s account.\nA regulation under subsection (4) (a) may also provide for any of the following—\nstating the disqualified persons to whom the regulation applies;\nstating when a disqualified person is taken to have a beneficial interest in a licensed corporation;\nrequiring a disqualified person to dispose of a non-complying interest, or otherwise ensure that the person ceases to have a non-complying interest, within a stated time;\nif a person does not comply with a requirement under paragraph (c) —\nif the non-complying interest consists of a shareholding or other property—forfeiting the non-complying interest to the State or another person; or\nif the non-complying interest consists of being a director of a corporation or holding another office—declaring that the person stops being a director of the corporation or stops holding the office, or is disqualified from again becoming a director of the corporation or holding the office;\nproviding for the sale by the State or another person of an interest forfeited to the State or other person and application of the proceeds;\nlimiting the value of the consideration received for an interest on making a compliance disposal of the interest;\nif the consideration received for an interest on making a compliance disposal of the interest is more than the limit under paragraph (f) , forfeiting the excess amount;\nrequiring a person to give to the chief executive information or a document that is necessary and reasonable to help the chief executive decide a matter for the purposes of the regulation, including—\nwhether a person is a disqualified person; and\nwhether an interest is a beneficial interest in a licensed corporation; and\nwhether an interest is a non-complying interest; and\nwhat amount, if any, is liable to be forfeited under the regulation.\nA regulation under subsection (4) has effect despite anything in the Corporations Act .\nThe State is not civilly liable because of a regulation made under subsection (4) or anything done, or omitted to be done, for the purposes of the regulation.\nA regulation may be made in aid of section 261A or 261B , including a regulation under subsection (4) .\nIn this section—\ncompliance disposal , of an interest, means the disposal of the interest, as a result of which a disqualified person—\nno longer has a beneficial interest in a licensed corporation; or\nhas less of a beneficial interest in a licensed corporation than the person had before the disposal.\nnon-complying interest means a beneficial interest in a licensed corporation to the extent to which the interest is held by a person in contravention of a regulation under subsection (4) (a) .\nState includes an employee or agent of the State and a Minister.\ns 263 amd 1999 No. 37 s 5 ; 2001 No. 45 s 29 sch 3 ; 2014 No. 30 s 33 ; 2022 No. 23 s 77\n(sec.263-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.263-ssec.2) A regulation may impose a penalty of not more than 20 penalty units for a contravention of the regulation.\n(sec.263-ssec.3) Subsection (2) does not limit any forfeiture under a regulation.\n(sec.263-ssec.4) A regulation may— prohibit a disqualified person from having, or otherwise limit the extent to which a disqualified person may have, a beneficial interest in a licensed corporation; or require a licensed corporation to ensure that a disqualified person is not a business or executive associate of the corporation; or prohibit a disqualified person from holding an interactive gambling licence or key person licence; or provide for fees payable under this Act and the matters for which fees are payable; or provide for the methods of payment used— with regulated interactive gambling equipment; or to participate in interactive gambling; or for paying prizes or refunding an amount wagered on an interactive game; or for making a deposit to, or a withdrawal from, a player’s account.\n(sec.263-ssec.5) A regulation under subsection (4) (a) may also provide for any of the following— stating the disqualified persons to whom the regulation applies; stating when a disqualified person is taken to have a beneficial interest in a licensed corporation; requiring a disqualified person to dispose of a non-complying interest, or otherwise ensure that the person ceases to have a non-complying interest, within a stated time; if a person does not comply with a requirement under paragraph (c) — if the non-complying interest consists of a shareholding or other property—forfeiting the non-complying interest to the State or another person; or if the non-complying interest consists of being a director of a corporation or holding another office—declaring that the person stops being a director of the corporation or stops holding the office, or is disqualified from again becoming a director of the corporation or holding the office; providing for the sale by the State or another person of an interest forfeited to the State or other person and application of the proceeds; limiting the value of the consideration received for an interest on making a compliance disposal of the interest; if the consideration received for an interest on making a compliance disposal of the interest is more than the limit under paragraph (f) , forfeiting the excess amount; requiring a person to give to the chief executive information or a document that is necessary and reasonable to help the chief executive decide a matter for the purposes of the regulation, including— whether a person is a disqualified person; and whether an interest is a beneficial interest in a licensed corporation; and whether an interest is a non-complying interest; and what amount, if any, is liable to be forfeited under the regulation.\n(sec.263-ssec.6) A regulation under subsection (4) has effect despite anything in the Corporations Act .\n(sec.263-ssec.7) The State is not civilly liable because of a regulation made under subsection (4) or anything done, or omitted to be done, for the purposes of the regulation.\n(sec.263-ssec.8) A regulation may be made in aid of section 261A or 261B , including a regulation under subsection (4) .\n(sec.263-ssec.9) In this section— compliance disposal , of an interest, means the disposal of the interest, as a result of which a disqualified person— no longer has a beneficial interest in a licensed corporation; or has less of a beneficial interest in a licensed corporation than the person had before the disposal. non-complying interest means a beneficial interest in a licensed corporation to the extent to which the interest is held by a person in contravention of a regulation under subsection (4) (a) . State includes an employee or agent of the State and a Minister.\n- (a) prohibit a disqualified person from having, or otherwise limit the extent to which a disqualified person may have, a beneficial interest in a licensed corporation; or\n- (b) require a licensed corporation to ensure that a disqualified person is not a business or executive associate of the corporation; or\n- (c) prohibit a disqualified person from holding an interactive gambling licence or key person licence; or\n- (d) provide for fees payable under this Act and the matters for which fees are payable; or\n- (e) provide for the methods of payment used— (i) with regulated interactive gambling equipment; or (ii) to participate in interactive gambling; or (iii) for paying prizes or refunding an amount wagered on an interactive game; or (iv) for making a deposit to, or a withdrawal from, a player’s account.\n- (i) with regulated interactive gambling equipment; or\n- (ii) to participate in interactive gambling; or\n- (iii) for paying prizes or refunding an amount wagered on an interactive game; or\n- (iv) for making a deposit to, or a withdrawal from, a player’s account.\n- (i) with regulated interactive gambling equipment; or\n- (ii) to participate in interactive gambling; or\n- (iii) for paying prizes or refunding an amount wagered on an interactive game; or\n- (iv) for making a deposit to, or a withdrawal from, a player’s account.\n- (a) stating the disqualified persons to whom the regulation applies;\n- (b) stating when a disqualified person is taken to have a beneficial interest in a licensed corporation;\n- (c) requiring a disqualified person to dispose of a non-complying interest, or otherwise ensure that the person ceases to have a non-complying interest, within a stated time;\n- (d) if a person does not comply with a requirement under paragraph (c) — (i) if the non-complying interest consists of a shareholding or other property—forfeiting the non-complying interest to the State or another person; or (ii) if the non-complying interest consists of being a director of a corporation or holding another office—declaring that the person stops being a director of the corporation or stops holding the office, or is disqualified from again becoming a director of the corporation or holding the office;\n- (i) if the non-complying interest consists of a shareholding or other property—forfeiting the non-complying interest to the State or another person; or\n- (ii) if the non-complying interest consists of being a director of a corporation or holding another office—declaring that the person stops being a director of the corporation or stops holding the office, or is disqualified from again becoming a director of the corporation or holding the office;\n- (e) providing for the sale by the State or another person of an interest forfeited to the State or other person and application of the proceeds;\n- (f) limiting the value of the consideration received for an interest on making a compliance disposal of the interest;\n- (g) if the consideration received for an interest on making a compliance disposal of the interest is more than the limit under paragraph (f) , forfeiting the excess amount;\n- (h) requiring a person to give to the chief executive information or a document that is necessary and reasonable to help the chief executive decide a matter for the purposes of the regulation, including— (i) whether a person is a disqualified person; and (ii) whether an interest is a beneficial interest in a licensed corporation; and (iii) whether an interest is a non-complying interest; and (iv) what amount, if any, is liable to be forfeited under the regulation.\n- (i) whether a person is a disqualified person; and\n- (ii) whether an interest is a beneficial interest in a licensed corporation; and\n- (iii) whether an interest is a non-complying interest; and\n- (iv) what amount, if any, is liable to be forfeited under the regulation.\n- (i) if the non-complying interest consists of a shareholding or other property—forfeiting the non-complying interest to the State or another person; or\n- (ii) if the non-complying interest consists of being a director of a corporation or holding another office—declaring that the person stops being a director of the corporation or stops holding the office, or is disqualified from again becoming a director of the corporation or holding the office;\n- (i) whether a person is a disqualified person; and\n- (ii) whether an interest is a beneficial interest in a licensed corporation; and\n- (iii) whether an interest is a non-complying interest; and\n- (iv) what amount, if any, is liable to be forfeited under the regulation.\n- (a) no longer has a beneficial interest in a licensed corporation; or\n- (b) has less of a beneficial interest in a licensed corporation than the person had before the disposal.","sortOrder":361},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":362},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2004","content":"## Transitional provisions for Gambling Legislation Amendment Act 2004","sortOrder":363},{"sectionNumber":"sec.264","sectionType":"section","heading":"Definitions for div 1","content":"### sec.264 Definitions for div 1\n\nIn this division—\ncommencement means the day this division commences.\npre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004 , part 5 .\ns 264 prev s 264 om 1 October 1998 RA s 40\npres s 264 ins 2004 No. 21 s 71 (amd 2005 No. 12 s 88 sch )","sortOrder":364},{"sectionNumber":"sec.265","sectionType":"section","heading":null,"content":"### Section sec.265\n\ns 265 orig s 265 om 1 October 1998 RA s 40\nprev s 265 ins 2004 No. 21 s 71\nom 2009 No. 24 s 590","sortOrder":365},{"sectionNumber":"sec.266","sectionType":"section","heading":"Direction to rectify under pre-amended Act","content":"### sec.266 Direction to rectify under pre-amended Act\n\nSubsection (2) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 81(3), if—\nthe chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and\nbefore the commencement—\nthe period for rectifying the matter under that Act has not ended; or\nthe period for rectifying the matter under that Act has ended and action has not been taken under section 82 of that Act in relation to a failure to comply with the direction.\nA failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004 , part 5 , had not commenced.\nSubsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 81(3), if—\nthe chief executive gave the direction to the licensee without a show cause notice; and\nbefore the commencement—\nthe period for rectifying the matter under that Act has not ended; or\nthe period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\nA failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.\ns 266 prev s 266 om 1 October 1998 RA s 40\npres s 266 ins 2004 No. 21 s 71\n(sec.266-ssec.1) Subsection (2) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 81(3), if— the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and before the commencement— the period for rectifying the matter under that Act has not ended; or the period for rectifying the matter under that Act has ended and action has not been taken under section 82 of that Act in relation to a failure to comply with the direction.\n(sec.266-ssec.2) A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004 , part 5 , had not commenced.\n(sec.266-ssec.3) Subsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 81(3), if— the chief executive gave the direction to the licensee without a show cause notice; and before the commencement— the period for rectifying the matter under that Act has not ended; or the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\n(sec.266-ssec.4) A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.\n- (a) the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and\n- (b) before the commencement— (i) the period for rectifying the matter under that Act has not ended; or (ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 82 of that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 82 of that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 82 of that Act in relation to a failure to comply with the direction.\n- (a) the chief executive gave the direction to the licensee without a show cause notice; and\n- (b) before the commencement— (i) the period for rectifying the matter under that Act has not ended; or (ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.","sortOrder":366},{"sectionNumber":"sec.267","sectionType":"section","heading":null,"content":"### Section sec.267\n\ns 267 orig s 267 om 1 October 1998 RA s 40\nprev s 267 ins 2004 No. 21 s 71\nom 2009 No. 24 s 591","sortOrder":367},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2005","content":"## Transitional provisions for Gambling Legislation Amendment Act 2005","sortOrder":368},{"sectionNumber":"sec.268","sectionType":"section","heading":"Definitions for div 2","content":"### sec.268 Definitions for div 2\n\nIn this division—\ncommencement means the day the provision in which the term is used commences.\npost-amended Act means this Act as in force immediately after the commencement.\ns 268 prev s 268 om 1 October 1998 RA s 40\npres s 268 ins 2005 No. 12 s 57","sortOrder":369},{"sectionNumber":"sec.269","sectionType":"section","heading":"Inspectors","content":"### sec.269 Inspectors\n\nA person who, immediately before the commencement, held an appointment as an inspector under part 8, division 1, of this Act as in force before the commencement is taken to be an inspector appointed under the post-amended Act, section 186.\ns 269 ins 2005 No. 12 s 57","sortOrder":370},{"sectionNumber":"sec.270","sectionType":"section","heading":"Audit program for inspectors","content":"### sec.270 Audit program for inspectors\n\nThe audit program that, immediately before the commencement, was the audit program approved by the Minister under section 188(1) of this Act as in force before the commencement is taken to be the approved audit program under the post-amended Act, section 193.\ns 270 ins 2005 No. 12 s 57","sortOrder":371},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","content":"## Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","sortOrder":372},{"sectionNumber":"sec.271","sectionType":"section","heading":"Continuation of offence under s 127","content":"### sec.271 Continuation of offence under s 127\n\nThis section applies if a person is alleged to have committed an offence against section 127, as in force immediately before the commencement of this section.\nDespite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 , other than this section, had not commenced.\ns 271 ins 2013 No. 25 s 107\n(sec.271-ssec.1) This section applies if a person is alleged to have committed an offence against section 127, as in force immediately before the commencement of this section.\n(sec.271-ssec.2) Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 , other than this section, had not commenced.","sortOrder":373},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","content":"## Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","sortOrder":374},{"sectionNumber":"sec.272","sectionType":"section","heading":"Interactive wagering accounts established before commencement","content":"### sec.272 Interactive wagering accounts established before commencement\n\nSections 166B, 166C and 166E apply in relation to an interactive wagering customer whether the customer’s interactive wagering account, however called, was established before or after the commencement.\ns 272 ins 2021 No. 7 s 22","sortOrder":375},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Decisions of Governor in Council","content":"# Decisions of Governor in Council","sortOrder":376},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Decisions of Minister","content":"# Decisions of Minister","sortOrder":377},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Decisions affecting licensed providers","content":"# Decisions affecting licensed providers","sortOrder":378},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Decisions affecting key person licensees","content":"# Decisions affecting key person licensees","sortOrder":379},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Decisions affecting agents","content":"# Decisions affecting agents","sortOrder":380}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded materially beyond a basic licensing and integrity regime. Since enactment it has been amended to add detailed financial controls, player‑protection and harm‑minimisation measures, targeted marketing and inducement rules for interactive wagering operators (see ss.136A, 166A–166E), and provisions enabling interjurisdictional tax sharing and mutual recognition (ss.10, 115). The regulation‑making head (s.263) and later insertions (for example s.12A exempt game rules; s.136A for harm minimisation; s.166A–166E in 2021 on inducements and direct marketing) broaden the law’s reach from licensing and probity into active market design, advertising control and consumer transaction mechanics. These later additions increase compliance costs and regulatory reach (affecting marketing, promotions, and product design) compared with the Act’s original core aim of licensing and protecting integrity (s.3)."},"complexity_factors":["Very long Act with many Parts and Divisions spanning licensing, key persons, agents, taxation, compliance, enforcement and transitional provisions","Extensive defined terms and cross‑references (e.g. definitions at s.6 and schedule/dictionary references; many cross‑references across Parts 2–8)","Multiple layers of conditional decision‑making and discretionary powers (Minister, chief executive, Governor in Council) with show‑cause, immediate suspension and Governor‑level referral procedures (ss.13, 31–39, 44–54, 45–52)","Privative clause limiting judicial review of many executive decisions (s.59) creating legal complexity about available remedies","Numerous exceptions and nested rules (e.g. interactive game exclusions in s.6 and Ministerial power to declare otherwise under s.6(3))","Detailed operational requirements with technical sub‑rules (control systems ss.127–129; equipment approval ss.162–163; accounting, audit and reporting ss.141–148)","Multiple enforcement pathways and overlapping offences (criminal, administrative, civil forfeiture) and varied penalties (ss.119, 169–172, 230–231)","Regulation‑making power with broad subject matter (s.263) that allows further complexity by delegation","Interjurisdictional mechanisms (s.10 declarations, s.115 tax sharing) and special transitional/targeted provisions (ss.261A–261C)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a licensing and control regime for interactive gambling (games entered or played by telecommunication where money or other prizes are at stake). (See s.6 for the definition of “interactive game”.)\n- Makes it an offence to run or allow participation in interactive gambling in Queensland unless the game and the operator are authorised (or the game is specifically exempt). (s.16)\n- Creates two linked licensing tracks: interactive gambling licences for providers (Parts 2–3; e.g. ss.30–41) and “key person” licences for managers and influential staff (Part 4; ss.60–76). The Minister and the chief executive have broad powers to grant, condition, change, suspend or cancel licences and authorisations (see ss.13, 31–39, 44–54, 67–81).\n- Requires player registration and age/residence verification, and sets rules for player accounts, deposit limits for restricted players, and when providers can accept wagers (ss.17–22A, 20A, 21).\n- Requires licensed providers to have written control systems and approved places/equipment for operations, to keep accounting records, submit reports, and undergo independent audit; inspectors and the chief executive have robust monitoring and enforcement powers (ss.127–129, 139–148, 146–148, 185–237).\n- Provides consumer protections and responsible-gambling measures: player-set wagering limits and a self-exclusion / provider exclusion system, plus power to prescribe other harm-minimisation measures by regulation (ss.136, 137–137L, 136A).\n- Regulates agents (third parties who register players, handle deposits, etc.): appointment, approval, termination, reporting and supervisory obligations (Part 5; ss.94–107, 100–106).\n- Imposes interactive-gambling tax and licence fees on licensed providers, with rules for returns, penalties and remittance to participating jurisdictions under intergovernmental agreements (Part 6; ss.112–117, 115).\n- Sets advertising, direct-marketing and inducement restrictions for interactive gambling and interactive wagering operators (ss.164–166, ss.166A–166E). These include limits on incentives, free-bet mechanics and consent-based direct marketing.\n- Creates an enforcement framework of offences, inspection powers, seizure, forfeiture, and criminal and civil penalties; also provides limited administrative review channels to the tribunal (Parts 7–9, ss.167–183, 185–237, 249–256). Important procedural limitation: many Minister/Governor-in‑Council decisions are declared final and not subject to judicial review (s.59).\n\n**Who this affects**\n\n- Licensed providers and authorised providers (entities licensed in Queensland or in participating jurisdictions) — they pay fees/taxes, meet control and reporting obligations, and face criminal and civil penalties for breaches (ss.11–13, 112–119, 127–129).\n- External providers (licensed in other participating jurisdictions) — can operate subject to mutual recognition but can be prohibited from operating in Queensland (ss.10, 12).\n- Key persons, managers and executives — must hold key person licences before performing key roles; the chief executive can require termination or licence application (Part 4, ss.60–76).\n- Agents who register players or handle funds — must be appointed under approved agency agreements and are subject to termination and supervisory powers (Part 5, ss.94–107).\n- Players — must register, may set betting limits, can self-exclude, and have protections around accounts, interrupted/aborted games and prize payments (ss.17–22, 132, 136, 137–137L, 159A, 160, 156–159).\n- Financial institutions — may be required to produce records; the Act protects institution officers from liability for complying with such requirements (ss.226–227).\n- Inspectors, the chief executive and Minister — exercise enforcement, licensing and supervisory powers; the Act gives them protection from civil liability when acting honestly and without negligence (ss.185–194, 261, 234).\n\n**Why it matters (stated purpose, and how it operates against costs and incentives)**\n\nStated purpose: s.3 says the Act exists to ensure that, “on balance, the State and the community as a whole benefit from interactive gambling” by (a) protecting integrity and fairness, (b) ensuring probity of operators, and (c) minimising potential harm. The Act implements that purpose through licensing, controls, financial rules, player protections and enforcement (see ss.3, 13, 127–129, 136, 137A, 185 onwards).\n\nCosts, incentives and trade-offs you can see in the mechanics:\n\n- Who pays: licensed providers bear most direct costs (licence fees, audits, tax, compliance systems, approved equipment) and also potential exposure to forfeitures and penalties (ss.112–117, 146–153, 119, 149–153). Players bear indirect costs through constrained payment methods and limits on credit (ss.133–135, 20A).\n- Administrative discretion: the Minister and chief executive have wide discretionary powers to grant/refuse licences and to change or cancel conditions (ss.13, 31–39, 44–52). That concentrates decision power in executive officials and creates legal uncertainty for operators (see also the privative clause in s.59 limiting judicial review).\n- Compliance burden and operational constraints: providers must implement written control systems, approved places and equipment, maintain player accounts, submit regular reports, and support audits and inspections — all measurable costs and operational constraints (ss.127–129, 125–126, 20–22, 139–148, 146–148).\n- Competition and market effects: the Act permits interjurisdictional recognition of licences (s.10) and revenue sharing (s.115). At the same time, it grants the Minister power to prohibit external-authorised games in Queensland (s.12), and the regulation-making head (s.263) can restrict disqualified persons’ ownership interests — both levers that materially affect market access and ownership structures.\n- Consumer protection vs. consumer choice: measures like player-set limits (s.136), self-exclusion (ss.137–137B), deposit limits (s.20A), ban on credit (s.133), and harm-minimisation regulations (s.136A) limit how players can interact with providers — these reduce consumer risk but also restrict the services providers can offer and can affect revenues.\n- Enforcement reach and evidentiary balance: inspectors have broad powers of entry, search, seizure and compelled production (ss.196–224); there are criminal penalties for cheating, forgery, bribery, evasion of tax and abuse of confidential information (ss.169–172, 119, 260). These powers expand enforcement capacity but raise operational and compliance risk for businesses and employees.\n\nImplementation risks and governance trade-offs highlighted by the Act:\n\n- Discretion vs predictability: broad executive discretion (licensing, conditions, exemptions, show‑cause processes) enables flexible regulatory responses (sections noted above) but increases uncertainty and potential for contested administrative decisions. The Act partly mitigates this with review channels to the tribunal for some decisions (Parts 9–10) but also limits reviewability of many executive decisions (s.59).\n- Concentrated benefits, diffuse costs: authorised providers and participating jurisdictions can gain market access and tax revenue (s.115), while costs of compliance and monitoring are borne by providers and, indirectly, by players through service limits and reduced promotional offerings.\n- Potential for substitution and avoidance: the Act defines interactive and exempt games (s.6, s.12A) and gives regulation‑making power to close gaps (s.263). Nevertheless, new product design or cross‑jurisdictional arrangements could create substitution pressures unless regulations keep pace.\n\nKey mechanics to watch (implementation choke points)\n\n- Licensing and conditions: Minister’s absolute discretion in some authorisations (s.13) and broad power to add/change conditions (ss.14, 39).\n- Privative clause: s.59 restricts judicial review of many decisions — this materially affects how disputes about licensing and authorisation are resolved.\n- Control systems and equipment approvals: providers must have approved control systems and approved interactive gambling equipment and may face stop directions, seizure or suspension if these are inadequate (ss.127–129, 162–163, 216–218).\n- Financial controls and reporting: mandatory player‑account rules, prohibition on providing credit, audit and reporting rules, and tax reporting with penalties (ss.20–22A, 133–134, 139–148, 112–119).\n- Responsible-gambling and marketing constraints: player limits, self-exclusion obligations on providers, and a recent, detailed regime for marketing and inducements for interactive wagering operators (ss.136, 137–137L, 166A–166E).\n\nPractical effect in plain terms: the Act creates a comprehensive regulatory wrapper around interactive gambling in Queensland. To operate lawfully a provider must be licensed (or be an authorised external provider), meet strict identity and account rules for players, run games under written control systems and approved equipment, accept heavy reporting and audit obligations, implement harm‑minimisation and self‑exclusion rules, and submit to active inspection and enforcement. The regulator (Minister/chief executive) has significant discretion to shape market participation and conditions (see ss.13, 31–39, 127–129, 162–163, 259–263)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1998 Act was primarily aimed at regulating a nascent online gambling industry with a cooperative national scheme in mind. Over time, amendments significantly expanded its scope: the 2018 insertion of the 'exempt game' concept for betting operators licensed under Commonwealth or other state law created a new carve-out reflecting the growth of national online wagering platforms; the 2016 amendments updated racing wagering exclusions to reflect restructured racing integrity legislation; and 1999 amendments added the restricted player deposit limits and account balance remittance provisions, substantially deepening the player protection mechanisms beyond what the original framework contemplated. The Act evolved from a framework-setting instrument into a detailed operational code."},"complexity_factors":["Multi-layered licensing regime with separate authorisation required for each individual game on top of the base licence","Cooperative interjurisdictional scheme requiring understanding of how Queensland law interacts with corresponding laws of other states","Two-tier player registration system (restricted vs unrestricted) with different financial account rules for each","Complex exclusion and inclusion framework defining what counts as an 'interactive game', with multiple carve-outs referencing separate Acts (Racing Integrity Act 2016, Wagering Act 1998, Lotteries Act 1997, Charitable and Non-Profit Gaming Act 1999)","Extensive ministerial discretionary powers with procedural fairness obligations (show cause notices, representation periods, immediate suspension powers)","Multiple overlapping penalty tiers (40 to 200 penalty units, plus imprisonment) applying differently to operators versus players","Exemption scheme mechanism creating a parallel regulatory track with its own criteria and gazette publication requirements","Cross-referencing to numerous other Queensland Acts and the Commonwealth Corporations Act, requiring readers to consult multiple pieces of legislation","Extraterritorial application provisions adding jurisdictional complexity","Provisions for restricted player account balances to be remitted to the government on expiry of registration — an unusual financial mechanism with debt recovery consequences for operators"],"plain_english_summary":"The Interactive Gambling (Player Protection) Act 1998 regulates online and remote gambling in Queensland, requiring player registration and tightly licensed operators. It affects anyone who gambles online in Queensland, businesses offering interactive games, and some charities or interstate operators under mutual recognition. The law aims to allow taxable, regulated interactive gambling while protecting consumers—especially minors and problem gamblers—through identity checks, account controls and close government oversight of operators and games."},"kimi_summary":{"_metrics":{"completionTokens":853},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1998 scope. Originally focused on casino-style interactive games, it has grown to include: (1) interactive wagering/betting operators (2018, 2021 amendments); (2) harm minimisation measures with technology requirements (2022); (3) detailed direct marketing and inducement restrictions (2021); and (4) complex self-exclusion and problem gambler identification systems (2004 onwards). The 2022 amendments in particular show a shift from pure regulation to active harm reduction intervention."},"complexity_factors":["Multiple overlapping licensing regimes (provider licences, key person licences, equipment approvals)","Extensive cross-referencing to other Queensland gaming Acts and corresponding laws of other jurisdictions","Nested conditional logic throughout (e.g., 11 separate grounds for licence suspension/cancellation in section 44)","Multiple amendment histories showing evolving scope (noted amendments from 1999, 2000, 2001, 2002, 2004, 2005, 2007, 2009, 2012, 2013, 2016, 2018, 2021, 2022, 2023)","Complex player registration system with 'restricted' vs 'unrestricted' status and account restrictions","Intergovernmental cooperative scheme requiring recognition of external licences and revenue sharing calculations","Detailed procedural requirements for show cause notices, representations, and administrative decisions","Broad delegated powers to Minister and chief executive with limited judicial review (section 59 ousts judicial review)","Recent additions for interactive wagering operators creating parallel regulatory tracks"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Interactive Gambling (Player Protection) Act 1998** — a comprehensive scheme regulating online gambling (called \"interactive gambling\" in the Act). It creates a licensing system for gambling providers, protects players from harm, and establishes a cooperative framework with other Australian states and territories.\n\n**Key things the law covers:**\n\n- **Licensing system**: Companies need an \"interactive gambling licence\" from the Minister to legally operate online gambling games in Queensland. The Minister can refuse, suspend, or cancel licences based on suitability criteria including character, financial position, and business reputation.\n\n- **Player protection**: Players must be registered (18+ only), can set betting limits, and can exclude themselves from gambling through \"self-exclusion orders.\" Licensed providers must identify problem gamblers and can issue \"exclusion directions\" to ban them.\n\n- **Key persons**: Senior staff and influential people in gambling businesses must hold \"key person licences\" and meet integrity standards.\n\n- **Agents**: People who register players or handle money for licensed providers must operate under approved agency agreements.\n\n- **Tax and fees**: Licensed providers pay interactive gambling tax and licence fees. Revenue is shared with other participating jurisdictions under cooperative agreements.\n\n- **Equipment and systems**: Gambling software and equipment must be approved, and providers must maintain detailed \"control systems\" ensuring game integrity and proper financial controls.\n\n- **Harm minimisation**: Recent amendments (2022) allow regulations to mandate specific harm reduction measures like cooling-off periods and help services.\n\n- **Advertising restrictions**: Strict rules on how gambling can be advertised, including bans on certain inducements and requirements for consent-based direct marketing.\n\n- **Enforcement**: The chief executive and appointed inspectors have broad powers to investigate, require information, and enforce compliance. Serious offences carry penalties up to 200 penalty units or 2 years imprisonment.\n\n**Who it affects:**\n- Online gambling operators wanting to operate in Queensland\n- Players participating in interactive gambling\n- Staff and agents working in the industry\n- Other Australian jurisdictions participating in the cooperative regulatory scheme\n\n**Why it matters:**\nThe law tries to balance allowing online gambling (which generates revenue and entertainment) with protecting vulnerable people from gambling harm, ensuring games are fair, and preventing criminal involvement in the industry."}},"importantCases":[],"_links":{"self":"/api/acts/interactive-gambling-player-protection-act-1998","history":"/api/acts/interactive-gambling-player-protection-act-1998/history","analysis":"/api/acts/interactive-gambling-player-protection-act-1998/analysis","conflicts":"/api/acts/interactive-gambling-player-protection-act-1998/conflicts","importantCases":"/api/acts/interactive-gambling-player-protection-act-1998/important-cases","documents":"/api/acts/interactive-gambling-player-protection-act-1998/documents"}}