{"id":"qld:act-1996-047","name":"Keno Act 1996","slug":"keno-act-1996","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"47 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104694,"registerId":"qld-act-1996-047-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":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Keno Act 1996 .","sortOrder":2},{"sectionNumber":"sec.1A","sectionType":"section","heading":"Object","content":"### sec.1A Object\n\nThe object of this Act is to ensure that, on balance, the State and the community as a whole benefit from keno gambling.\nThe balance is achieved by allowing keno 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 keno gambling; and\nminimising the potential for harm from keno gambling.\ns 1A ins 2000 No. 51 s 89\n(sec.1A-ssec.1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from keno gambling.\n(sec.1A-ssec.2) The balance is achieved by allowing keno 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 keno gambling; and minimising the potential for harm from keno gambling.\n- (a) ensuring the integrity and fairness of games; and\n- (b) ensuring the probity of those involved in the conduct of keno gambling; and\n- (c) minimising the potential for harm from keno gambling.","sortOrder":3},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions—the dictionary","content":"### sec.2 Definitions—the dictionary\n\nThe dictionary in schedule 4 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.3","sectionType":"section","heading":"References to operations of keno licensees and appointed agents","content":"### sec.3 References to operations of keno licensees and appointed agents\n\nIn this Act, a reference to the operations of a keno licensee is a reference to the licensee’s operations as a keno licensee.\nIn this Act, a reference to the operations of an appointed agent is a reference to the agent’s operations as an appointed agent.\n(sec.3-ssec.1) In this Act, a reference to the operations of a keno licensee is a reference to the licensee’s operations as a keno licensee.\n(sec.3-ssec.2) In this Act, a reference to the operations of an appointed agent is a reference to the agent’s operations as an appointed agent.","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"References to particular agency agreements","content":"### sec.4 References to particular agency agreements\n\nIn this Act, a reference to an agency agreement in association with a reference to a keno agent is a reference to the agency agreement providing for the keno agent’s appointment.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"References to particular approved keno games","content":"### sec.5 References to particular approved keno games\n\nIn this Act, a reference to an approved keno game in association with a reference to a keno licensee is a reference to an approved keno game conducted by the keno licensee.\nIn this Act, a reference to an approved keno game in association with a reference to an appointed agent is a reference to an approved keno game conducted by the principal keno licensee.\n(sec.5-ssec.1) In this Act, a reference to an approved keno game in association with a reference to a keno licensee is a reference to an approved keno game conducted by the keno licensee.\n(sec.5-ssec.2) In this Act, a reference to an approved keno game in association with a reference to an appointed agent is a reference to an approved keno game conducted by the principal keno licensee.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"References to particular associated keno agreements","content":"### sec.6 References to particular associated keno agreements\n\nIn this Act, a reference to an associated keno agreement in association with a reference to a keno licence is a reference to the keno agreement in relation to which the keno licence is issued.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"References to particular keno agents","content":"### sec.7 References to particular keno agents\n\nIn this Act, a reference to a keno agent in association with a reference to an agency agreement is a reference to the keno agent appointed under the agency agreement.\nIn this Act, a reference to a keno agent in association with a reference to a keno subagent is a reference to the keno agent by whom the keno subagent was appointed.\n(sec.7-ssec.1) In this Act, a reference to a keno agent in association with a reference to an agency agreement is a reference to the keno agent appointed under the agency agreement.\n(sec.7-ssec.2) In this Act, a reference to a keno agent in association with a reference to a keno subagent is a reference to the keno agent by whom the keno subagent was appointed.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"References to particular keno employee licences","content":"### sec.8 References to particular keno employee licences\n\nIn this Act, a reference to a keno employee licence in association with a reference to a licensed keno employee is a reference to the keno employee licence held by the licensed keno employee.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"References to particular keno licences","content":"### sec.9 References to particular keno licences\n\nIn this Act, a reference to a keno licence in association with a reference to a keno licensee is a reference to the keno licence held by the keno licensee.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"References to particular keno licensees","content":"### sec.10 References to particular keno licensees\n\nIn this Act, a reference to a keno licensee in association with a reference to a keno licence is a reference to the keno licensee who holds the keno licence.\nIn this Act, a reference to a keno licensee in association with a reference to a keno agent is a reference to the keno licensee by whom the keno agent was appointed.\nIn this Act, a reference to a principal keno licensee in association with a reference to a keno subagent is a reference to the keno licensee who is the principal keno licensee for the keno subagent.\nIn this Act, a reference to a keno licensee in association with a reference to an agency agreement is a reference to the keno licensee by whom a keno agent is appointed under the agreement.\n(sec.10-ssec.1) In this Act, a reference to a keno licensee in association with a reference to a keno licence is a reference to the keno licensee who holds the keno licence.\n(sec.10-ssec.2) In this Act, a reference to a keno licensee in association with a reference to a keno agent is a reference to the keno licensee by whom the keno agent was appointed.\n(sec.10-ssec.3) In this Act, a reference to a principal keno licensee in association with a reference to a keno subagent is a reference to the keno licensee who is the principal keno licensee for the keno subagent.\n(sec.10-ssec.4) In this Act, a reference to a keno licensee in association with a reference to an agency agreement is a reference to the keno licensee by whom a keno agent is appointed under the agreement.","sortOrder":13},{"sectionNumber":"pt.2","sectionType":"part","heading":"Lawfulness of keno games","content":"# Lawfulness of keno games","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Lawful activities","content":"### sec.11 Lawful activities\n\nThe following activities are lawful—\nthe conduct of a keno game by a keno licensee under a keno licence in accordance with this Act and the associated keno agreement;\nthe carrying on of operations as an appointed agent in accordance with this Act and any agency agreement in relation to a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;\nthe playing of a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;\nthe use by a keno licensee of keno equipment in the conduct of a keno game by the licensee under the keno licence;\nthe use by an appointed agent of keno equipment in the conduct, or purported conduct, of a keno game by a keno licensee under a keno licence;\nthe use of keno equipment in playing a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;\nthe doing of anything else required or authorised to be done under this Act.\n- (a) the conduct of a keno game by a keno licensee under a keno licence in accordance with this Act and the associated keno agreement;\n- (b) the carrying on of operations as an appointed agent in accordance with this Act and any agency agreement in relation to a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;\n- (c) the playing of a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;\n- (d) the use by a keno licensee of keno equipment in the conduct of a keno game by the licensee under the keno licence;\n- (e) the use by an appointed agent of keno equipment in the conduct, or purported conduct, of a keno game by a keno licensee under a keno licence;\n- (f) the use of keno equipment in playing a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;\n- (g) the doing of anything else required or authorised to be done under this Act.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Relationship with other laws","content":"### sec.12 Relationship with other laws\n\nSection 11 has effect despite any other law dealing with gaming.","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Keno licensees","content":"# Keno licensees","sortOrder":17},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Issue of keno licences","content":"## Issue of keno licences","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Minister may issue licence","content":"### sec.13 Minister may issue licence\n\nThe Minister may issue a keno licence to a person.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Issue of licence conditional on keno agreement","content":"### sec.14 Issue of licence conditional on keno agreement\n\nThe Minister may issue a keno licence to a person only if—\na written agreement (a keno agreement ) has been entered into between the Minister on behalf of the State and the person about the proposed conduct of keno games by the person under a keno licence; and\nany terms or conditions stated in the agreement or this Act required to be complied with by the person before a keno licence is issued have been complied with.\n- (a) a written agreement (a keno agreement ) has been entered into between the Minister on behalf of the State and the person about the proposed conduct of keno games by the person under a keno licence; and\n- (b) any terms or conditions stated in the agreement or this Act required to be complied with by the person before a keno licence is issued have been complied with.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Conditions for entering into keno agreement","content":"### sec.15 Conditions for entering into keno agreement\n\nBefore entering into a keno agreement, the Minister must be satisfied that—\nthe person with whom the agreement is proposed to be entered into (the proposed keno licensee ) is a suitable person to hold a keno licence; and\neach business and executive associate of the proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.\n- (a) the person with whom the agreement is proposed to be entered into (the proposed keno licensee ) is a suitable person to hold a keno licence; and\n- (b) each business and executive associate of the proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Suitability of proposed keno licensee","content":"### sec.16 Suitability of proposed keno licensee\n\nIn deciding whether a proposed keno licensee is a suitable person to hold a keno licence, the Minister may have regard to the following issues—\nthe person’s character;\nthe person’s financial position and background;\nif the person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;\nwhether the person has, or is able to obtain, appropriate resources and appropriate services;\nwhether the person has the appropriate business ability to successfully conduct keno games under a keno licence;\nif the person has a business association with another entity—the entity’s character and financial position and background;\nany other issues prescribed under a regulation.\nIn subsection (1) —\nappropriate resources means financial resources the Minister considers are adequate to ensure the financial viability of operations conducted under a keno licence.\nappropriate services means the services of persons who have appropriate experience—\nin the conduct or operation of keno games; or\nto enable keno games to be successfully conducted or operated.\n(sec.16-ssec.1) In deciding whether a proposed keno licensee is a suitable person to hold a keno licence, the Minister may have regard to the following issues— the person’s character; the person’s financial position and background; if the person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure; whether the person has, or is able to obtain, appropriate resources and appropriate services; whether the person has the appropriate business ability to successfully conduct keno games under a keno licence; if the person has a business association with another entity—the entity’s character and financial position and background; any other issues prescribed under a regulation.\n(sec.16-ssec.2) In subsection (1) — appropriate resources means financial resources the Minister considers are adequate to ensure the financial viability of operations conducted under a keno licence. appropriate services means the services of persons who have appropriate experience— in the conduct or operation of keno games; or to enable keno games to be successfully conducted or operated.\n- (a) the person’s character;\n- (b) the person’s financial position and background;\n- (c) if the person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;\n- (d) whether the person has, or is able to obtain, appropriate resources and appropriate services;\n- (e) whether the person has the appropriate business ability to successfully conduct keno games under a keno licence;\n- (f) if the person has a business association with another entity—the entity’s character and financial position and background;\n- (g) any other issues prescribed under a regulation.\n- (a) in the conduct or operation of keno games; or\n- (b) to enable keno games to be successfully conducted or operated.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Suitability of business and executive associates","content":"### sec.17 Suitability of business and executive associates\n\nIn deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee’s operations, the Minister may have regard to the following issues—\nthe person’s character and financial position and background;\nif the person has a business association with another entity—the entity’s character and financial position and background;\nany other issues prescribed under a regulation.\n- (a) the person’s character and financial position and background;\n- (b) if the person has a business association with another entity—the entity’s character and financial position and background;\n- (c) any other issues prescribed under a regulation.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Investigations about suitability of persons","content":"### sec.18 Investigations about suitability of persons\n\nThe chief executive may make investigations about a proposed keno licensee to help the Minister to decide whether the person is a suitable person to hold a keno licence.\nThe chief executive may make investigations about a business or executive associate of a proposed keno licensee to help the Minister to decide whether the person is a suitable person to be associated with a keno licensee’s operations.\n(sec.18-ssec.1) The chief executive may make investigations about a proposed keno licensee to help the Minister to decide whether the person is a suitable person to hold a keno licence.\n(sec.18-ssec.2) The chief executive may make investigations about a business or executive associate of a proposed keno licensee to help the Minister to decide whether the person is a suitable person to be associated with a keno licensee’s operations.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Conditions of licence","content":"### sec.19 Conditions of licence\n\nThe Minister may issue a keno licence on conditions the Minister considers necessary or desirable—\nin the public interest; or\nfor the proper conduct of keno games by the keno licensee.\n- (a) in the public interest; or\n- (b) for the proper conduct of keno games by the keno licensee.","sortOrder":25},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Dealings with keno licences","content":"## Dealings with keno licences","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Transfer of licence prohibited","content":"### sec.20 Transfer of licence prohibited\n\nA keno licensee must not transfer the keno licence to another person.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Mortgage of licence prohibited","content":"### sec.21 Mortgage of licence prohibited\n\nA keno licensee must not mortgage, or encumber in another way, the keno licence, or the rights or benefits under the associated keno agreement.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Amendment of licence","content":"### sec.22 Amendment of licence\n\nThis section applies if, after the issue of a keno licence, the parties to the associated keno agreement amend the agreement in a way that affects the accuracy of a matter stated in the licence.\nThe keno licensee must return the licence to the Minister for amendment.\nThe Minister must return the amended licence to the licensee after making the appropriate amendment.\n(sec.22-ssec.1) This section applies if, after the issue of a keno licence, the parties to the associated keno agreement amend the agreement in a way that affects the accuracy of a matter stated in the licence.\n(sec.22-ssec.2) The keno licensee must return the licence to the Minister for amendment.\n(sec.22-ssec.3) The Minister must return the amended licence to the licensee after making the appropriate amendment.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Surrender of licence","content":"### sec.23 Surrender of licence\n\nA keno licensee may surrender the keno licence only after giving written notice of the proposed surrender to the Minister—\nat least 3 months before the surrender; or\nif the Minister, by written notice given to the licensee approves a shorter period of notice—before the time approved by the Minister.\n- (a) at least 3 months before the surrender; or\n- (b) if the Minister, by written notice given to the licensee approves a shorter period of notice—before the time approved by the Minister.","sortOrder":30},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Suspension and cancellation of keno licences","content":"## Suspension and cancellation of keno licences","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.24 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a keno licence—\nthe keno licensee is not, or is no longer, a suitable person to hold a keno licence;\na business or executive associate of the keno licensee is not, or is no longer, a suitable person to be associated with a keno licensee’s operations;\nthe keno licensee has been convicted of an offence against this Act or a gaming Act;\nthe keno licensee has been convicted of an indictable offence;\nthe keno licensee has breached the associated keno agreement in a way that entitles the State to terminate the agreement;\nthe keno licensee has contravened a condition of the licence;\nthe keno licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act);\nthe associated keno agreement was entered into by the Minister on behalf of the State because of a materially false or misleading representation or declaration;\nthe keno licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations;\nthe keno licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;\nthe keno licensee is the subject of a winding-up, either voluntarily or under a court order, appointment of a liquidator or appointment of a receiver or receiver and manager under the Corporations Act .\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a proposed keno licensee is a suitable person to hold a keno licence.\nFor forming a belief that the ground mentioned in subsection (1) (b) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.\ns 24 amd 2001 No. 45 s 29 sch 3\n(sec.24-ssec.1) Each of the following is a ground for suspending or cancelling a keno licence— the keno licensee is not, or is no longer, a suitable person to hold a keno licence; a business or executive associate of the keno licensee is not, or is no longer, a suitable person to be associated with a keno licensee’s operations; the keno licensee has been convicted of an offence against this Act or a gaming Act; the keno licensee has been convicted of an indictable offence; the keno licensee has breached the associated keno agreement in a way that entitles the State to terminate the agreement; the keno licensee has contravened a condition of the licence; the keno licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act); the associated keno agreement was entered into by the Minister on behalf of the State because of a materially false or misleading representation or declaration; the keno licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations; the keno licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy; the keno licensee is the subject of a winding-up, either voluntarily or under a court order, appointment of a liquidator or appointment of a receiver or receiver and manager under the Corporations Act .\n(sec.24-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a proposed keno licensee is a suitable person to hold a keno licence.\n(sec.24-ssec.3) For forming a belief that the ground mentioned in subsection (1) (b) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.\n- (a) the keno licensee is not, or is no longer, a suitable person to hold a keno licence;\n- (b) a business or executive associate of the keno licensee is not, or is no longer, a suitable person to be associated with a keno licensee’s operations;\n- (c) the keno licensee has been convicted of an offence against this Act or a gaming Act;\n- (d) the keno licensee has been convicted of an indictable offence;\n- (e) the keno licensee has breached the associated keno agreement in a way that entitles the State to terminate the agreement;\n- (f) the keno licensee has contravened a condition of the licence;\n- (g) the keno licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act);\n- (h) the associated keno agreement was entered into by the Minister on behalf of the State because of a materially false or misleading representation or declaration;\n- (i) the keno licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations;\n- (j) the keno licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;\n- (k) the keno licensee is the subject of a winding-up, either voluntarily or under a court order, appointment of a liquidator or appointment of a receiver or receiver and manager under the Corporations Act .","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Show cause notice","content":"### sec.25 Show cause notice\n\nThis section applies if the Minister believes—\na ground exists to suspend or cancel a keno 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 keno games by the keno licensee 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 keno licensee 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 licence—states the proposed suspension period; and\ninvites the licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must end not less than 21 days after the show cause notice is given to the keno licensee.\n(sec.25-ssec.1) This section applies if the Minister believes— a ground exists to suspend or cancel a keno 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 keno games by the keno licensee may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.25-ssec.2) The Minister must give the keno licensee 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 licence—states the proposed suspension period; and invites the licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.25-ssec.3) The show cause period must end not less than 21 days after the show cause notice is given to the keno licensee.\n- (a) a ground exists to suspend or cancel a keno 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 keno games by the keno licensee 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 keno games by the keno licensee 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 keno games by the keno licensee 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 licence—states the proposed suspension period; and\n- (e) invites the licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Copy of show cause notice to be given to interested persons","content":"### sec.26 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 each person (an interested person ) the Minister believes has an interest in the keno 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 keno licensee’s interest may be improperly prejudiced.\nAn interested 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.26-ssec.1) The Minister must promptly give a copy of the show cause notice to each person (an interested person ) the Minister believes has an interest in the keno 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.26-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 keno licensee’s interest may be improperly prejudiced.\n(sec.26-ssec.3) An interested 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) the person’s interest may be affected adversely by the suspension or cancellation of the licence; and\n- (b) it is otherwise appropriate in the circumstances to give the copy of the notice to the person.\n- (a) the nature of the interested person’s interest;\n- (b) whether the keno licensee’s interest may be improperly prejudiced.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Consideration of representations","content":"### sec.27 Consideration of representations\n\nThe Minister must consider all written representations (the accepted representations ) made during the show cause period by—\nthe keno licensee; or\nan interested person to whom a copy of the show cause notice is given.\n- (a) the keno licensee; or\n- (b) an interested person to whom a copy of the show cause notice is given.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Immediate suspension","content":"### sec.28 Immediate suspension\n\nThe Minister may suspend a keno 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 keno games by the keno licensee is not jeopardised in a material way.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the keno licensee with a show cause notice; and\noperates immediately the suspension notice is given; and\ncontinues to operate until the show cause notice is finally dealt with.\n(sec.28-ssec.1) The Minister may suspend a keno 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 keno games by the keno licensee is not jeopardised in a material way.\n(sec.28-ssec.2) The suspension— must be effected by written notice (a suspension notice ) given to the keno licensee with a show cause notice; and operates immediately the suspension notice is given; and continues to operate until the show cause notice is finally dealt with.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure— (i) the public interest is not affected in an adverse and material way; or (ii) the integrity of the conduct of keno games by the keno licensee 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 keno games by the keno licensee 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 keno games by the keno licensee is not jeopardised in a material way.\n- (a) must be effected by written notice (a suspension notice ) given to the keno licensee with a show cause notice; and\n- (b) operates immediately the suspension notice is given; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Censuring keno licensee","content":"### sec.29 Censuring keno licensee\n\nThis section applies if the Minister—\nbelieves a ground exists to suspend or cancel a keno licence; but\ndoes not believe the giving of a show cause notice to the keno licensee 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 a keno licence; but\ndoes not believe suspension or cancellation of the licence is warranted.\nThe Minister may, by written notice given to the keno licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.\n(sec.29-ssec.1) This section applies if the Minister— believes a ground exists to suspend or cancel a keno licence; but does not believe the giving of a show cause notice to the keno licensee is warranted.\n(sec.29-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 a keno licence; but does not believe suspension or cancellation of the licence is warranted.\n(sec.29-ssec.3) The Minister may, by written notice given to the keno licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.\n- (a) believes a ground exists to suspend or cancel a keno licence; but\n- (b) does not believe the giving of a show cause notice to the keno licensee is warranted.\n- (a) still believes a ground exists to suspend or cancel a keno licence; but\n- (b) does not believe suspension or cancellation of the licence is warranted.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Direction to rectify","content":"### sec.30 Direction to rectify\n\nThis section applies if, after considering the accepted representations for a show cause notice, the Minister—\nstill believes a ground exists to suspend or cancel a keno licence; but\nconsiders a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the keno licensee an opportunity to rectify the matter.\nThe Minister may, by written notice given to the keno licensee, direct the licensee to rectify the matter within the period stated in the notice.\nThe period stated must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.30-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to suspend or cancel a keno licence; but considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the keno licensee an opportunity to rectify the matter.\n(sec.30-ssec.2) The Minister may, by written notice given to the keno licensee, direct the licensee to rectify the matter within the period stated in the notice.\n(sec.30-ssec.3) The period stated must be reasonable, having regard to the nature of the matter to be rectified.\n- (a) still believes a ground exists to suspend or cancel a keno licence; but\n- (b) considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the keno licensee an opportunity to rectify the matter.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Notice by Minister","content":"### sec.31 Notice by Minister\n\nThis section applies if, after considering the accepted representations for a show cause notice, the Minister still believes—\na ground exists to suspend or cancel a keno 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 keno games by the keno licensee may be jeopardised in a material way; or\nthe public interest may be affected in an adverse and material way.\nThis section also applies if a keno licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\nThe Minister must give written notice of the Minister’s belief, or of the keno licensee’s failure to comply with the direction, to the Governor in Council.\n(sec.31-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the Minister still believes— a ground exists to suspend or cancel a keno 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 keno games by the keno licensee may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.31-ssec.2) This section also applies if a keno licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\n(sec.31-ssec.3) The Minister must give written notice of the Minister’s belief, or of the keno licensee’s failure to comply with the direction, to the Governor in Council.\n- (a) a ground exists to suspend or cancel a keno 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 keno games by the keno licensee 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 keno games by the keno licensee 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 keno games by the keno licensee may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Suspension, cancellation and appointment of administrator","content":"### sec.32 Suspension, cancellation and appointment of administrator\n\nIf a notice is given by the Minister under section 31 , the Governor in Council may—\nif the proposed action stated in the show cause notice was to suspend the keno 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 keno licence—\nsuspend the licence for a period; or\ncancel the licence; or\nappoint an administrator to conduct the operations of the keno licensee under the licence.\nThe Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.\nThe decision takes effect on the later of the following—\nthe day the notice is given to the keno licensee;\nthe day of effect stated in the notice.\n(sec.32-ssec.1) If a notice is given by the Minister under section 31 , the Governor in Council may— if the proposed action stated in the show cause notice was to suspend the keno 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 keno licence— suspend the licence for a period; or cancel the licence; or appoint an administrator to conduct the operations of the keno licensee under the licence.\n(sec.32-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.\n(sec.32-ssec.3) The decision takes effect on the later of the following— the day the notice is given to the keno licensee; the day of effect stated in the notice.\n- (a) if the proposed action stated in the show cause notice was to suspend the keno 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 keno licence— (i) suspend the licence for a period; or (ii) cancel the licence; or (iii) appoint an administrator to conduct the operations of the keno licensee under the licence.\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the operations of the keno licensee under the licence.\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the operations of the keno licensee under the licence.\n- (a) the day the notice is given to the keno licensee;\n- (b) the day of effect stated in the notice.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Terms of appointment, and role, of administrator","content":"### sec.33 Terms of appointment, and role, of administrator\n\nThis section applies to an administrator appointed by the Governor in Council to conduct operations under a keno 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 keno licensee conducted under the keno licence; and\nsubject to any directions of the Minister, must conduct the operations in accordance with this Act and the associated keno agreement as if the administrator were the keno licensee.\nThe costs of and incidental to the conduct and administration of a keno licensee’s operations by an administrator under this section are payable by the keno licensee.\nThis section and section 32 (1) (b) (iii) apply despite the Corporations Act .\ns 33 amd 2001 No. 45 s 29 sch s 2 – 3\n(sec.33-ssec.1) This section applies to an administrator appointed by the Governor in Council to conduct operations under a keno licence.\n(sec.33-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.33-ssec.3) The administrator— has full control of, and responsibility for, the operations of the keno licensee conducted under the keno licence; and subject to any directions of the Minister, must conduct the operations in accordance with this Act and the associated keno agreement as if the administrator were the keno licensee.\n(sec.33-ssec.4) The costs of and incidental to the conduct and administration of a keno licensee’s operations by an administrator under this section are payable by the keno licensee.\n(sec.33-ssec.5) This section and section 32 (1) (b) (iii) apply despite the Corporations Act .\n- (a) has full control of, and responsibility for, the operations of the keno licensee conducted under the keno licence; and\n- (b) subject to any directions of the Minister, must conduct the operations in accordance with this Act and the associated keno agreement as if the administrator were the keno licensee.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.34 Cancellation or reduction of period of suspension\n\nIf a keno licence is suspended, at any time the suspension is in force, the Governor in Council may, for any remaining period of suspension—\ncancel the period; or\nreduce the period by a stated period.\nThe Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.\n(sec.34-ssec.1) If a keno licence is suspended, at any time the suspension is in force, the Governor in Council may, for any remaining period of suspension— cancel the period; or reduce the period by a stated period.\n(sec.34-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.\n- (a) cancel the period; or\n- (b) reduce the period by a stated period.","sortOrder":42},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Investigations about suitability of persons","content":"## Investigations about suitability of persons","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Audit program","content":"### sec.35 Audit program\n\nThe Minister may approve an audit program for investigating keno licensees, or business or executive associates of keno licensees.\nThe chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program.\nA person may be investigated under an audit program only once every 2 years.\n(sec.35-ssec.1) The Minister may approve an audit program for investigating keno licensees, or business or executive associates of keno licensees.\n(sec.35-ssec.2) The chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program.\n(sec.35-ssec.3) A person may be investigated under an audit program only once every 2 years.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Investigations","content":"### sec.36 Investigations\n\nThe chief executive may investigate a keno licensee to help the Minister to decide whether the person is a suitable person to hold, or to continue to hold, a keno licence.\nThe chief executive may investigate a business or executive associate of a keno licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with a keno licensee’s operations.\nHowever, the chief executive may investigate a keno licensee only if—\nthe Minister reasonably suspects the licensee is not, or is no longer, a suitable person to hold a keno licence; or\nthe investigation is made under an audit program for keno licensees approved by the Minister.\nAlso, the chief executive may investigate a business or executive associate of a keno licensee only if—\nthe Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a keno licensee’s operations; or\nthe investigation is made under an audit program for business and executive associates of keno licensees approved by the Minister; or\nthe person—\nbecame a business or executive associate of the licensee after the issue of the keno 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 licensee when the keno licence was issued; and\nhas not been investigated under section 18 (2) .\ns 36 amd 2002 No. 43 s 89\n(sec.36-ssec.1) The chief executive may investigate a keno licensee to help the Minister to decide whether the person is a suitable person to hold, or to continue to hold, a keno licence.\n(sec.36-ssec.2) The chief executive may investigate a business or executive associate of a keno licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with a keno licensee’s operations.\n(sec.36-ssec.3) However, the chief executive may investigate a keno licensee only if— the Minister reasonably suspects the licensee is not, or is no longer, a suitable person to hold a keno licence; or the investigation is made under an audit program for keno licensees approved by the Minister.\n(sec.36-ssec.4) Also, the chief executive may investigate a business or executive associate of a keno licensee only if— the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a keno licensee’s operations; or the investigation is made under an audit program for business and executive associates of keno licensees approved by the Minister; or the person— became a business or executive associate of the licensee after the issue of the keno 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 licensee when the keno licence was issued; and has not been investigated under section 18 (2) .\n- (a) the Minister reasonably suspects the licensee is not, or is no longer, a suitable person to hold a keno licence; or\n- (b) the investigation is made under an audit program for keno licensees 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 keno licensee’s operations; or\n- (b) the investigation is made under an audit program for business and executive associates of keno licensees approved by the Minister; or\n- (c) the person— (i) became a business or executive associate of the licensee after the issue of the keno 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 licensee after the issue of the keno 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 licensee when the keno licence was issued; and (ii) has not been investigated under section 18 (2) .\n- (i) was a business or executive associate of the licensee when the keno licence was issued; and\n- (ii) has not been investigated under section 18 (2) .\n- (i) became a business or executive associate of the licensee after the issue of the keno 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 licensee when the keno licence was issued; and\n- (ii) has not been investigated under section 18 (2) .","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Requirement to give information or material for investigation","content":"### sec.37 Requirement to give information or material for investigation\n\nIn investigating a keno licensee, or business or executive associate of a keno licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\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 material sought by the chief executive is not in fact relevant to the investigation.\n(sec.37-ssec.1) In investigating a keno licensee, or business or executive associate of a keno licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.\n(sec.37-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.37-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.37-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.37-ssec.5) The person does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.","sortOrder":46},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"General provisions about keno licences","content":"## General provisions about keno licences","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Form of licence","content":"### sec.38 Form of licence\n\nA keno licence must be in the approved form.\nThe approved form must provide for the inclusion of the following particulars—\nthe date of issue of the licence;\nthe name of the keno licensee;\nthe conditions of the licence;\nother particulars prescribed under a regulation.\n(sec.38-ssec.1) A keno 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 date of issue of the licence; the name of the keno licensee; the conditions of the licence; other particulars prescribed under a regulation.\n- (a) the date of issue of the licence;\n- (b) the name of the keno licensee;\n- (c) the conditions of the licence;\n- (d) other particulars prescribed under a regulation.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Term of licence","content":"### sec.39 Term of licence\n\nA keno licence is for the term stated in the associated keno agreement.\nSubsection (1) applies subject to this Act.\n(sec.39-ssec.1) A keno licence is for the term stated in the associated keno agreement.\n(sec.39-ssec.2) Subsection (1) applies subject to this Act.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.40 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation about a person under section 18 or 36 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.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.40-ssec.1) If the chief executive, in making an investigation about a person under section 18 or 36 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.40-ssec.2) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Justiciability of decisions about licence","content":"### sec.41 Justiciability of decisions about licence\n\nA decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a keno licence, or person with an interest or potential interest in a keno licence—\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 decisions 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.41-ssec.1) A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a keno licence, or person with an interest or potential interest in a keno licence— 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.41-ssec.2) The decisions 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.41-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":51},{"sectionNumber":"pt.4","sectionType":"part","heading":"Licensed keno employees","content":"# Licensed keno employees","sortOrder":52},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Licensing requirements","content":"## Licensing requirements","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Exempt keno employee","content":"### sec.42 Exempt keno employee\n\nThe chief executive may declare—\na keno employee to be an exempt keno employee; or\na class of keno employees to be an exempt class of keno employees.\nThe chief executive may make a declaration only if the chief executive is satisfied—\nthe functions of the employee, or of each employee included in the class, relating to the conduct of approved keno games, are minor; and\nthe licensing of the employee, or of each employee included in the class, is not warranted.\nA declaration must be made in writing.\n(sec.42-ssec.1) The chief executive may declare— a keno employee to be an exempt keno employee; or a class of keno employees to be an exempt class of keno employees.\n(sec.42-ssec.2) The chief executive may make a declaration only if the chief executive is satisfied— the functions of the employee, or of each employee included in the class, relating to the conduct of approved keno games, are minor; and the licensing of the employee, or of each employee included in the class, is not warranted.\n(sec.42-ssec.3) A declaration must be made in writing.\n- (a) a keno employee to be an exempt keno employee; or\n- (b) a class of keno employees to be an exempt class of keno employees.\n- (a) the functions of the employee, or of each employee included in the class, relating to the conduct of approved keno games, are minor; and\n- (b) the licensing of the employee, or of each employee included in the class, is not warranted.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Carrying out functions as keno employee","content":"### sec.43 Carrying out functions as keno employee\n\nA person must not, as an employee of a keno licensee, carry out functions relating to the conduct of approved keno games unless—\nthe person is a licensed keno employee; or\nin relation to the functions, the person is an exempt keno employee.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\n- (a) the person is a licensed keno employee; or\n- (b) in relation to the functions, the person is an exempt keno employee.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Employing keno employees","content":"### sec.44 Employing keno employees\n\nA keno licensee must not employ a person as a keno employee unless—\nthe person is a licensed keno employee; or\nin relation to the person’s functions, the person is an exempt keno employee.\n- (a) the person is a licensed keno employee; or\n- (b) in relation to the person’s functions, the person is an exempt keno employee.","sortOrder":56},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Key operators","content":"## Key operators","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Requirement that key operator apply for licence or end role","content":"### sec.45 Requirement that key operator apply for licence or end role\n\nIf the chief executive reasonably believes a person is a key operator for a keno licensee, the chief executive may, by written notice given to the person, require the person either to apply for a keno employee licence, or to stop being a key operator of the licensee, within 7 days after receiving the notice.\nThe person must comply with the requirement within 7 days after 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 keno licensee.\nA requirement under this section is called a key operator’s requirement .\ns 45 amd 2004 No. 21 s 123 sch\n(sec.45-ssec.1) If the chief executive reasonably believes a person is a key operator for a keno licensee, the chief executive may, by written notice given to the person, require the person either to apply for a keno employee licence, or to stop being a key operator of the licensee, within 7 days after receiving the notice.\n(sec.45-ssec.2) The person must comply with the requirement within 7 days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.45-ssec.3) The chief executive must give a copy of the notice to the keno licensee.\n(sec.45-ssec.4) A requirement under this section is called a key operator’s requirement .","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Requirement that key operator end role","content":"### sec.46 Requirement that key operator end role\n\nIf the chief executive refuses to approve an application for a keno employee licence made by a person of whom a key operator’s requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the keno licensee 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 for subsection (2) —100 penalty units or 1 year’s imprisonment.\n(sec.46-ssec.1) If the chief executive refuses to approve an application for a keno employee licence made by a person of whom a key operator’s requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the keno licensee within the time stated in the notice.\n(sec.46-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 for subsection (2) —100 penalty units or 1 year’s imprisonment.","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Requirement to end key operator’s role","content":"### sec.47 Requirement to end key operator’s role\n\nThis section applies if a key operator’s requirement is made of a person and—\nthe person fails to comply with the requirement; or\nthe chief executive refuses to approve an application for a keno employee licence made by the person.\nThe chief executive may, by written notice given to the keno licensee for whom the person is a key operator, require the licensee to end the association with the person within the time stated in the notice.\nThe keno licensee must comply with the requirement.\nThis section applies to a keno licensee despite another Act or law.\nA keno licensee does not incur any liability because the licensee ends an association with a person under this section.\n(sec.47-ssec.1) This section applies if a key operator’s requirement is made of a person and— the person fails to comply with the requirement; or the chief executive refuses to approve an application for a keno employee licence made by the person.\n(sec.47-ssec.2) The chief executive may, by written notice given to the keno licensee for whom the person is a key operator, require the licensee to end the association with the person within the time stated in the notice.\n(sec.47-ssec.3) The keno licensee must comply with the requirement.\n(sec.47-ssec.4) This section applies to a keno licensee despite another Act or law.\n(sec.47-ssec.5) A keno licensee does not incur any liability because the licensee ends an association with a person 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 keno employee licence made by the person.","sortOrder":60},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Applications for, and issue of, keno employee licences","content":"## Applications for, and issue of, keno employee licences","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of subdivision","content":"### sec.48 Application of subdivision\n\nThis subdivision does not apply to an application for a keno employee licence to which subdivision 2 applies.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application for licence","content":"### sec.49 Application for licence\n\nAn application for a keno employee licence must be made to the chief executive in the approved form.\nAn application must be accompanied by—\na letter from a keno licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence; and\nany documents prescribed under a regulation; and\nthe application fee prescribed under a regulation.\nSubsection (2) (a) does not apply to an application made by a person of whom a key operator’s requirement has been made.\n(sec.49-ssec.1) An application for a keno employee licence must be made to the chief executive in the approved form.\n(sec.49-ssec.2) An application must be accompanied by— a letter from a keno licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence; and any documents prescribed under a regulation; and the application fee prescribed under a regulation.\n(sec.49-ssec.3) Subsection (2) (a) does not apply to an application made by a person of whom a key operator’s requirement has been made.\n- (a) a letter from a keno licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence; and\n- (b) any documents prescribed under a regulation; and\n- (c) the application fee prescribed under a regulation.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Consideration of application","content":"### sec.50 Consideration of application\n\nThe chief executive must consider an application for a keno employee 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.50-ssec.1) The chief executive must consider an application for a keno employee licence and either grant or refuse to grant the application.\n(sec.50-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":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Conditions for granting application","content":"### sec.51 Conditions for granting application\n\nThe chief executive may grant an application for a keno employee 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 keno employee licence.\nIn deciding whether the applicant is a suitable person to hold a keno employee licence, the chief executive may have regard to the following issues—\nthe applicant’s character;\nthe applicant’s financial position and background;\nthe applicant’s general suitability to carry out the functions of a keno employee or to be a key operator for a keno licensee.\n(sec.51-ssec.1) The chief executive may grant an application for a keno employee 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 keno employee licence.\n(sec.51-ssec.2) In deciding whether the applicant is a suitable person to hold a keno employee licence, the chief executive may have regard to the following issues— the applicant’s character; the applicant’s financial position and background; the applicant’s general suitability to carry out the functions of a keno employee or to be a key operator for a keno licensee.\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 keno employee licence.\n- (a) the applicant’s character;\n- (b) the applicant’s financial position and background;\n- (c) the applicant’s general suitability to carry out the functions of a keno employee or to be a key operator for a keno licensee.","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Investigation about suitability of applicant","content":"### sec.52 Investigation about suitability of applicant\n\nThe chief executive may make investigations about an applicant for a keno employee licence to help the chief executive to decide whether the applicant is a suitable person to hold a keno employee licence.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"Decision about application","content":"### sec.53 Decision about application\n\nIf the chief executive decides to grant an application for a keno employee licence, the chief executive must promptly issue the licence to the applicant.\nIf the chief executive decides to refuse to grant an application for a keno employee licence, the chief executive must—\npromptly give the applicant an information notice about the decision; and\nas soon as practicable—\ngive written notice of the decision to the relevant keno licensee; and\ndestroy the applicant’s fingerprints taken for the application.\nIn this section—\nrelevant keno licensee means—\nfor an applicant who is a key operator for a keno licensee—the keno licensee; or\nfor another applicant—the keno licensee who intends to employ the applicant as a keno employee.\ns 53 amd 1997 No. 57 s 25 ; 2002 No. 43 s 90\n(sec.53-ssec.1) If the chief executive decides to grant an application for a keno employee licence, the chief executive must promptly issue the licence to the applicant.\n(sec.53-ssec.2) If the chief executive decides to refuse to grant an application for a keno employee licence, the chief executive must— promptly give the applicant an information notice about the decision; and as soon as practicable— give written notice of the decision to the relevant keno licensee; and destroy the applicant’s fingerprints taken for the application.\n(sec.53-ssec.3) In this section— relevant keno licensee means— for an applicant who is a key operator for a keno licensee—the keno licensee; or for another applicant—the keno licensee who intends to employ the applicant as a keno employee.\n- (a) promptly give the applicant an information notice about the decision; and\n- (b) as soon as practicable— (i) give written notice of the decision to the relevant keno licensee; and (ii) destroy the applicant’s fingerprints taken for the application.\n- (i) give written notice of the decision to the relevant keno licensee; and\n- (ii) destroy the applicant’s fingerprints taken for the application.\n- (i) give written notice of the decision to the relevant keno licensee; and\n- (ii) destroy the applicant’s fingerprints taken for the application.\n- (a) for an applicant who is a key operator for a keno licensee—the keno licensee; or\n- (b) for another applicant—the keno licensee who intends to employ the applicant as a keno employee.","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application of subdivision","content":"### sec.54 Application of subdivision\n\nThis subdivision applies to an application for a keno employee licence if—\nthe application is made by a person who is a licensed casino employee; and\nthe casino key employee licence or casino employee licence held by the licensed casino employee is not suspended.\n- (a) the application is made by a person who is a licensed casino employee; and\n- (b) the casino key employee licence or casino employee licence held by the licensed casino employee is not suspended.","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application for licence","content":"### sec.55 Application for licence\n\nAn application for a keno employee licence must—\nbe made to the chief executive; and\nbe in the approved form; and\nbe accompanied by a letter from a keno licensee addressed to the chief executive stating the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence.\n- (a) be made to the chief executive; and\n- (b) be in the approved form; and\n- (c) be accompanied by a letter from a keno licensee addressed to the chief executive stating the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Issue of licence","content":"### sec.56 Issue of licence\n\nOn an application being made under this subdivision, the chief executive must promptly issue a keno employee licence to the applicant.","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Conditions","content":"### sec.57 Conditions\n\nThe chief executive may issue a keno employee licence on conditions the chief executive considers necessary or desirable—\nin the public interest; or\nfor the proper conduct of keno games by a keno licensee.\nIf the chief executive decides to issue a keno employee licence on conditions, the chief executive must promptly give the applicant an information notice about the decision.\n(sec.57-ssec.1) The chief executive may issue a keno employee licence on conditions the chief executive considers necessary or desirable— in the public interest; or for the proper conduct of keno games by a keno licensee.\n(sec.57-ssec.2) If the chief executive decides to issue a keno employee licence on conditions, the chief executive must promptly give the applicant an information notice about the decision.\n- (a) in the public interest; or\n- (b) for the proper conduct of keno games by a keno licensee.","sortOrder":71},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Dealings with keno employee licences","content":"## Dealings with keno employee licences","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Changing conditions of licence","content":"### sec.58 Changing conditions of licence\n\nThe chief executive may decide to change the conditions of a keno employee licence if the chief executive considers it is necessary or desirable to make the change—\nin the public interest; or\nfor the proper conduct of keno games by a keno licensee.\nIf the chief executive decides to change the conditions, the chief executive must immediately give the licensed keno employee—\nwritten notice of the changed conditions; and\nan information notice about the decision.\nThe licensed keno employee must return the licence to the chief executive within 7 days after receiving the information notice, unless the employee 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 licensed keno employee; or\nif the chief executive does not consider it is practical to amend the licence—issue another keno employee licence, incorporating the changed conditions, to the licensed keno employee to replace the licence returned to the chief executive.\nThe change of the conditions of a keno employee licence under this section does not depend on the licence being amended to record the change or a replacement licence being issued.\nThe power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.\ns 58 amd 2004 No. 21 s 75\n(sec.58-ssec.1) The chief executive may decide to change the conditions of a keno employee licence if the chief executive considers it is necessary or desirable to make the change— in the public interest; or for the proper conduct of keno games by a keno licensee.\n(sec.58-ssec.2) If the chief executive decides to change the conditions, the chief executive must immediately give the licensed keno employee— written notice of the changed conditions; and an information notice about the decision.\n(sec.58-ssec.3) The licensed keno employee must return the licence to the chief executive within 7 days after receiving the information notice, unless the employee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.58-ssec.4) On receiving the licence, the chief executive must— amend the licence in an appropriate way and return the amended licence to the licensed keno employee; or if the chief executive does not consider it is practical to amend the licence—issue another keno employee licence, incorporating the changed conditions, to the licensed keno employee to replace the licence returned to the chief executive.\n(sec.58-ssec.5) The change of the conditions of a keno employee licence under this section does not depend on the licence being amended to record the change or a replacement licence being issued.\n(sec.58-ssec.6) The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.\n- (a) in the public interest; or\n- (b) for the proper conduct of keno games by a keno licensee.\n- (a) written notice of the changed conditions; and\n- (b) an information notice about the decision.\n- (a) amend the licence in an appropriate way and return the amended licence to the licensed keno employee; or\n- (b) if the chief executive does not consider it is practical to amend the licence—issue another keno employee licence, incorporating the changed conditions, to the licensed keno employee to replace the licence returned to the chief executive.","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Replacement of licence","content":"### sec.59 Replacement of licence\n\nA licensed keno employee may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged keno employee licence.\nThe chief executive must consider an application and either grant or refuse to grant the application.\nThe chief executive must grant an 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 keno employee 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 give the applicant an information notice about the decision.\n(sec.59-ssec.1) A licensed keno employee may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged keno employee licence.\n(sec.59-ssec.2) The chief executive must consider an application and either grant or refuse to grant the application.\n(sec.59-ssec.3) The chief executive must grant an 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.59-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 keno employee licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\n(sec.59-ssec.5) If the chief executive decides to refuse to grant an application, the chief executive must promptly give the applicant an information notice about the decision.","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Surrender of licence","content":"### sec.60 Surrender of licence\n\nA licensed keno employee may surrender the keno employee licence by written notice given to the chief executive.\nThe surrender takes effect on the later of the following—\nthe day the notice is given to the chief executive;\nthe day of effect stated in the notice.\nIf, at the time of the surrender, the chief executive believes the licensed keno employee was employed by a keno licensee, the chief executive must give written notice of the surrender to the licensee.\n(sec.60-ssec.1) A licensed keno employee may surrender the keno employee licence by written notice given to the chief executive.\n(sec.60-ssec.2) The surrender takes effect on the later of the following— the day the notice is given to the chief executive; the day of effect stated in the notice.\n(sec.60-ssec.3) If, at the time of the surrender, the chief executive believes the licensed keno employee was employed by a keno licensee, the chief executive must give written notice of the surrender to the licensee.\n- (a) the day the notice is given to the chief executive;\n- (b) the day of effect stated in the notice.","sortOrder":75},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Suspension and cancellation of keno employee licences, and other action by chief executive","content":"## Suspension and cancellation of keno employee licences, and other action by chief executive","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":"Grounds","content":"### sec.61 Grounds\n\nEach of the following is a ground for suspending or cancelling a licensed keno employee’s keno employee licence—\nthe licensed keno employee—\nis not a suitable person to hold a keno employee licence; or\nacts in a way that is inappropriate for the conduct of approved keno games; or\ncontravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or\ncontravenes a condition of the licence;\nthe licensed keno employee has a conviction, other than a spent conviction, for—\nan offence against this Act or a gaming Act; or\nan indictable offence;\nthe keno employee 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 issues to which the chief executive may have regard under section 51 (2) in deciding whether an applicant for a keno employee licence is a suitable person to hold the licence.\nFor subsection (1) (a) (ii) , a licensed keno employee acts in a way that is inappropriate for the conduct of approved keno games if the employee does, or omits to do, an act that results in—\nthe conduct of approved keno games at the keno gaming place at which the employee is employed not being conducted under the relevant keno licensee’s control system for the conduct of the games; and\nthe integrity of the conduct of approved keno games being jeopardised.\ns 61 sub 2004 No. 21 s 76\namd 2013 No. 25 s 111 ; 2023 No. 23 s 247 sch 1 s 25\n(sec.61-ssec.1) Each of the following is a ground for suspending or cancelling a licensed keno employee’s keno employee licence— the licensed keno employee— is not a suitable person to hold a keno employee licence; or acts in a way that is inappropriate for the conduct of approved keno games; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a condition of the licence; the licensed keno employee has a conviction, other than a spent conviction, for— an offence against this Act or a gaming Act; or an indictable offence; the keno employee licence was issued because of a materially false or misleading representation or document.\n(sec.61-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 issues to which the chief executive may have regard under section 51 (2) in deciding whether an applicant for a keno employee licence is a suitable person to hold the licence.\n(sec.61-ssec.3) For subsection (1) (a) (ii) , a licensed keno employee acts in a way that is inappropriate for the conduct of approved keno games if the employee does, or omits to do, an act that results in— the conduct of approved keno games at the keno gaming place at which the employee is employed not being conducted under the relevant keno licensee’s control system for the conduct of the games; and the integrity of the conduct of approved keno games being jeopardised.\n- (a) the licensed keno employee— (i) is not a suitable person to hold a keno employee licence; or (ii) acts in a way that is inappropriate for the conduct of approved keno games; or (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iv) contravenes a condition of the licence;\n- (i) is not a suitable person to hold a keno employee licence; or\n- (ii) acts in a way that is inappropriate for the conduct of approved keno games; or\n- (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or\n- (iv) contravenes a condition of the licence;\n- (b) the licensed keno employee has a conviction, other than a spent conviction, for— (i) an offence against this Act or a gaming Act; or (ii) an indictable offence;\n- (i) an offence against this Act or a gaming Act; or\n- (ii) an indictable offence;\n- (c) the keno employee licence was issued because of a materially false or misleading representation or document.\n- (i) is not a suitable person to hold a keno employee licence; or\n- (ii) acts in a way that is inappropriate for the conduct of approved keno games; or\n- (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or\n- (iv) contravenes a condition of the licence;\n- (i) an offence against this Act or a gaming Act; or\n- (ii) an indictable offence;\n- (a) the conduct of approved keno games at the keno gaming place at which the employee is employed not being conducted under the relevant keno licensee’s control system for the conduct of the games; and\n- (b) the integrity of the conduct of approved keno games being jeopardised.","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Show cause notice","content":"### sec.62 Show cause notice\n\nIf the chief executive believes a ground exists to suspend or cancel a keno employee licence, the chief executive must before taking action to suspend or cancel the licence give the licensed keno employee 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 licensed keno employee 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 licensed keno employee is given the show cause notice.\nSubsection (5) applies if the chief executive believes—\nthe licensed keno employee is employed by, or a key operator of, a keno licensee; and\nthe existence of the grounds for the proposed action is likely to adversely affect the conduct of approved keno games by the keno licensee.\nThe chief executive must immediately give a copy of the show cause notice to the keno licensee.\nThe keno licensee may make written representations about the show cause notice to the chief executive in the show cause period.\ns 62 sub 2004 No. 21 s 76\n(sec.62-ssec.1) If the chief executive believes a ground exists to suspend or cancel a keno employee licence, the chief executive must before taking action to suspend or cancel the licence give the licensed keno employee a written notice (a show cause notice ).\n(sec.62-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 licensed keno employee 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.62-ssec.3) The show cause period must end at least 21 days after the licensed keno employee is given the show cause notice.\n(sec.62-ssec.4) Subsection (5) applies if the chief executive believes— the licensed keno employee is employed by, or a key operator of, a keno licensee; and the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved keno games by the keno licensee.\n(sec.62-ssec.5) The chief executive must immediately give a copy of the show cause notice to the keno licensee.\n(sec.62-ssec.6) The keno licensee 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 licensed keno employee 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) the licensed keno employee is employed by, or a key operator of, a keno licensee; and\n- (b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved keno games by the keno licensee.","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Consideration of representations","content":"### sec.63 Consideration of representations\n\nThe chief executive must consider all written representations (the accepted representations ) made under section 62 (2) (e) or (6) .\ns 63 sub 2004 No. 21 s 76","sortOrder":79},{"sectionNumber":"sec.64","sectionType":"section","heading":"Immediate suspension","content":"### sec.64 Immediate suspension\n\nThe chief executive may suspend a licensed keno employee’s keno employee 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 approved keno games is not jeopardised.\nThe suspension—\ncan be effected only by the chief executive giving the licensed keno employee 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 employee; and\ncontinues to operate until the show cause notice is finally dealt with.\nIf the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the suspension to the keno licensee.\ns 64 sub 2004 No. 21 s 76\n(sec.64-ssec.1) The chief executive may suspend a licensed keno employee’s keno employee 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 approved keno games is not jeopardised.\n(sec.64-ssec.2) The suspension— can be effected only by the chief executive giving the licensed keno employee 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 employee; and continues to operate until the show cause notice is finally dealt with.\n(sec.64-ssec.3) If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the suspension to the keno licensee.\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 approved keno games is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of approved keno games is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of approved keno games is not jeopardised.\n- (a) can be effected only by the chief executive giving the licensed keno employee 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 employee; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"Suspension and cancellation of licence after show cause process","content":"### sec.65 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 keno employee licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThis section also applies if a licensed keno employee contravenes a direction given to the employee under section 67A .\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 licensed keno employee; and\nif the chief executive believes the employee is employed by, or a key operator of, a keno licensee—give written notice of the suspension or cancellation to the licensee.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the licensed keno employee;\nthe day of effect stated in the information notice.\nIf the chief executive cancels the licence, the licensed keno employee 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 65 sub 2004 No. 21 s 76\n(sec.65-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 keno employee licence; and believes suspension or cancellation of the licence is warranted.\n(sec.65-ssec.2) This section also applies if a licensed keno employee contravenes a direction given to the employee under section 67A .\n(sec.65-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.65-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 licensed keno employee; and if the chief executive believes the employee is employed by, or a key operator of, a keno licensee—give written notice of the suspension or cancellation to the licensee.\n(sec.65-ssec.5) The decision takes effect on the later of the following— the day the information notice is given to the licensed keno employee; the day of effect stated in the information notice.\n(sec.65-ssec.6) If the chief executive cancels the licence, the licensed keno employee 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 keno employee licence; and (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel a keno employee 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 keno employee 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 licensed keno employee; and\n- (b) if the chief executive believes the employee is employed by, or a key operator of, a keno licensee—give written notice of the suspension or cancellation to the licensee.\n- (a) the day the information notice is given to the licensed keno employee;\n- (b) the day of effect stated in the information notice.","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.66 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 keno employee 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 licensed keno employee;\na keno licensee to whom a copy of the show cause notice was given under section 62 (5) .\ns 66 amd 2002 No. 43 s 91\nsub 2004 No. 21 s 76\n(sec.66-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 keno employee licence.\n(sec.66-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 licensed keno employee; a keno licensee to whom a copy of the show cause notice was given under section 62 (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 licensed keno employee; (ii) a keno licensee to whom a copy of the show cause notice was given under section 62 (5) .\n- (i) the licensed keno employee;\n- (ii) a keno licensee to whom a copy of the show cause notice was given under section 62 (5) .\n- (i) the licensed keno employee;\n- (ii) a keno licensee to whom a copy of the show cause notice was given under section 62 (5) .","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Censuring licensed keno employee","content":"### sec.67 Censuring licensed keno employee\n\nThe chief executive may censure a licensed keno employee for a matter relating to a ground for suspension or cancellation if the chief executive—\nbelieves a ground exists to suspend or cancel the employee’s keno employee licence but does not believe that giving a show cause notice to the employee is warranted; or\nafter considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the employee’s keno employee 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 licensed keno employee an information notice about the decision to censure the employee.\nIf the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the censure to the keno licensee.\ns 67 sub 2004 No. 21 s 76\n(sec.67-ssec.1) The chief executive may censure a licensed keno employee for a matter relating to a ground for suspension or cancellation if the chief executive— believes a ground exists to suspend or cancel the employee’s keno employee licence but does not believe that giving a show cause notice to the employee is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the employee’s keno employee licence but does not believe suspension or cancellation of the licence is warranted.\n(sec.67-ssec.2) The censure can be effected only by the chief executive giving the licensed keno employee an information notice about the decision to censure the employee.\n(sec.67-ssec.3) If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the censure to the keno licensee.\n- (a) believes a ground exists to suspend or cancel the employee’s keno employee licence but does not believe that giving a show cause notice to the employee 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 employee’s keno employee licence but does not believe suspension or cancellation of the licence is warranted.","sortOrder":83},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Direction to rectify matter after show cause process","content":"### sec.67A 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 keno employee 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 licensed keno employee an opportunity to rectify the matter.\nThe chief executive may direct the licensed keno employee to rectify the matter.\nIf the chief executive decides to give a licensed keno employee a direction under this section, the direction can be effected only by the chief executive giving the employee 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 keno licensee under section 62 (5) , the chief executive must give written notice of the direction to the keno licensee immediately after giving the information notice to the licensed keno employee.\ns 67A ins 2004 No. 21 s 76\n(sec.67A-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 keno employee 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 licensed keno employee an opportunity to rectify the matter.\n(sec.67A-ssec.2) The chief executive may direct the licensed keno employee to rectify the matter.\n(sec.67A-ssec.3) If the chief executive decides to give a licensed keno employee a direction under this section, the direction can be effected only by the chief executive giving the employee an information notice about the decision.\n(sec.67A-ssec.4) The information notice must state the period for rectifying the matter.\n(sec.67A-ssec.5) The period must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.67A-ssec.6) If the chief executive gave a copy of the show cause notice to a keno licensee under section 62 (5) , the chief executive must give written notice of the direction to the keno licensee immediately after giving the information notice to the licensed keno employee.\n- (a) still believes a ground exists to suspend or cancel a keno employee 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 licensed keno employee an opportunity to rectify the matter.","sortOrder":84},{"sectionNumber":"sec.67B","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.67B Cancellation or reduction of period of suspension\n\nIf the chief executive suspends a keno employee 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 licensed keno employee; and\nif the chief executive believed the licensed keno employee was employed by, or a key operator of, a keno licensee when the licence was suspended—the keno licensee.\nSubsection (1) does not apply to an immediate suspension.\ns 67B ins 2004 No. 21 s 76\n(sec.67B-ssec.1) If the chief executive suspends a keno employee 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.67B-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.67B-ssec.3) The chief executive must immediately give written notice of the decision to— the licensed keno employee; and if the chief executive believed the licensed keno employee was employed by, or a key operator of, a keno licensee when the licence was suspended—the keno licensee.\n(sec.67B-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 licensed keno employee; and\n- (b) if the chief executive believed the licensed keno employee was employed by, or a key operator of, a keno licensee when the licence was suspended—the keno licensee.","sortOrder":85},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Investigation of licensed keno employees","content":"## Investigation of licensed keno employees","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Audit program","content":"### sec.68 Audit program\n\nThe chief executive may approve an audit program for investigating licensed keno employees.\nThe chief executive is responsible for ensuring an investigation of a licensed keno employee under an approved audit program is conducted in accordance with the program.\nA licensed keno employee may be investigated under an audit program only once every 2 years.\n(sec.68-ssec.1) The chief executive may approve an audit program for investigating licensed keno employees.\n(sec.68-ssec.2) The chief executive is responsible for ensuring an investigation of a licensed keno employee under an approved audit program is conducted in accordance with the program.\n(sec.68-ssec.3) A licensed keno employee may be investigated under an audit program only once every 2 years.","sortOrder":87},{"sectionNumber":"sec.69","sectionType":"section","heading":"Investigations about suitability of licensed keno employees","content":"### sec.69 Investigations about suitability of licensed keno employees\n\nThe chief executive may investigate a licensed keno employee to help the chief executive to decide whether the employee is a suitable person to hold, or to continue to hold, a keno employee licence.\nHowever, the chief executive may investigate a licensed keno employee only if—\nthe chief executive reasonably suspects the employee is not, or is no longer, a suitable person to hold a keno employee licence; or\nthe investigation is made under an audit program for licensed keno employees approved by the chief executive.\n(sec.69-ssec.1) The chief executive may investigate a licensed keno employee to help the chief executive to decide whether the employee is a suitable person to hold, or to continue to hold, a keno employee licence.\n(sec.69-ssec.2) However, the chief executive may investigate a licensed keno employee only if— the chief executive reasonably suspects the employee is not, or is no longer, a suitable person to hold a keno employee licence; or the investigation is made under an audit program for licensed keno employees approved by the chief executive.\n- (a) the chief executive reasonably suspects the employee is not, or is no longer, a suitable person to hold a keno employee licence; or\n- (b) the investigation is made under an audit program for licensed keno employees approved by the chief executive.","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Requirement to give information or material for investigation","content":"### sec.70 Requirement to give information or material for investigation\n\nIn investigating a licensed keno employee, the chief executive may, by written notice given to the employee, require the employee to give the chief executive information or material the chief executive considers is relevant to the investigation.\nWhen making the requirement, the chief executive must warn the employee it is an offence to fail to comply with the requirement, unless the employee has a reasonable excuse.\nThe employee must comply with the requirement, unless the employee has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse for the employee not to comply with the requirement if complying with the requirement might tend to incriminate the employee.\nThe employee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.\n(sec.70-ssec.1) In investigating a licensed keno employee, the chief executive may, by written notice given to the employee, require the employee to give the chief executive information or material the chief executive considers is relevant to the investigation.\n(sec.70-ssec.2) When making the requirement, the chief executive must warn the employee it is an offence to fail to comply with the requirement, unless the employee has a reasonable excuse.\n(sec.70-ssec.3) The employee must comply with the requirement, unless the employee has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.70-ssec.4) It is a reasonable excuse for the employee not to comply with the requirement if complying with the requirement might tend to incriminate the employee.\n(sec.70-ssec.5) The employee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.","sortOrder":89},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"General provisions about keno employee licences","content":"## General provisions about keno employee licences","sortOrder":90},{"sectionNumber":"sec.71","sectionType":"section","heading":"Requirement for additional information or documents to support applications","content":"### sec.71 Requirement for additional information or documents to support applications\n\nThe chief executive may, by written notice given to an applicant under this part, require the applicant to give the chief executive further information or another document about the application.\nThe requirement must relate to information or a document the giving of which is necessary and reasonable to help the chief executive decide the application.\nThe chief executive may refuse to grant the application if the applicant fails to comply with the requirement without a reasonable excuse.\n(sec.71-ssec.1) The chief executive may, by written notice given to an applicant under this part, require the applicant to give the chief executive further information or another document about the application.\n(sec.71-ssec.2) The requirement must relate to information or a document the giving of which is necessary and reasonable to help the chief executive decide the application.\n(sec.71-ssec.3) The chief executive may refuse to grant the application if the applicant fails to comply with the requirement without a reasonable excuse.","sortOrder":91},{"sectionNumber":"sec.72","sectionType":"section","heading":"Form of licence","content":"### sec.72 Form of licence\n\nA keno employee licence must be in the approved form.\nThe approved form must provide for the inclusion of the following particulars—\nthe employee’s name;\na recent photograph of the employee;\nthe date of issue of the licence;\nthe conditions of the licence;\nother particulars prescribed under a regulation.\n(sec.72-ssec.1) A keno employee licence must be in the approved form.\n(sec.72-ssec.2) The approved form must provide for the inclusion of the following particulars— the employee’s name; a recent photograph of the employee; the date of issue of the licence; the conditions of the licence; other particulars prescribed under a regulation.\n- (a) the employee’s name;\n- (b) a recent photograph of the employee;\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.73","sectionType":"section","heading":"Term of licence","content":"### sec.73 Term of licence\n\nA keno employee licence remains in force unless it lapses or is cancelled or surrendered.","sortOrder":93},{"sectionNumber":"sec.74","sectionType":"section","heading":"Lapsing of licence","content":"### sec.74 Lapsing of licence\n\nA keno employee licence held by a keno employee lapses—\n1 year after the licensed keno employee last ceased to be employed as a keno employee by a keno licensee; or\nif the licensed keno employee is not employed as a keno employee by a keno licensee for 1 year after being issued with the licence—at the end of the year.\nA keno employee licence held by a key operator lapses 1 year after the key operator last ceased to be a key operator for a keno licensee.\n(sec.74-ssec.1) A keno employee licence held by a keno employee lapses— 1 year after the licensed keno employee last ceased to be employed as a keno employee by a keno licensee; or if the licensed keno employee is not employed as a keno employee by a keno licensee for 1 year after being issued with the licence—at the end of the year.\n(sec.74-ssec.2) A keno employee licence held by a key operator lapses 1 year after the key operator last ceased to be a key operator for a keno licensee.\n- (a) 1 year after the licensed keno employee last ceased to be employed as a keno employee by a keno licensee; or\n- (b) if the licensed keno employee is not employed as a keno employee by a keno licensee for 1 year after being issued with the licence—at the end of the year.","sortOrder":94},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Destruction of fingerprints of former licence holders","content":"### sec.74A Destruction of fingerprints of former licence holders\n\nThis section applies if—\na person ceases to be a licensed keno employee; and\nthe keno employee licence was issued under section 53 .\nAs soon as practicable after the person ceases to be a licensed keno employee, the chief executive must cause the fingerprints of the person taken under section 51 (1) for the person’s application for the keno employee licence to be destroyed.\ns 74A ins 1997 No. 57 s 26\n(sec.74A-ssec.1) This section applies if— a person ceases to be a licensed keno employee; and the keno employee licence was issued under section 53 .\n(sec.74A-ssec.2) As soon as practicable after the person ceases to be a licensed keno employee, the chief executive must cause the fingerprints of the person taken under section 51 (1) for the person’s application for the keno employee licence to be destroyed.\n- (a) a person ceases to be a licensed keno employee; and\n- (b) the keno employee licence was issued under section 53 .","sortOrder":95},{"sectionNumber":"sec.75","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.75 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation about a person under section 52 or 69 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.75-ssec.1) If the chief executive, in making an investigation about a person under section 52 or 69 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.75-ssec.2) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":96},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Requirements about employment of keno employees","content":"## Requirements about employment of keno employees","sortOrder":97},{"sectionNumber":"sec.76","sectionType":"section","heading":"Notice of start of keno employee’s employment","content":"### sec.76 Notice of start of keno employee’s employment\n\nWithin 7 days after a licensed or exempt keno employee starts employment with a keno licensee, the licensee must notify the chief executive of the start of the employment by notice in the approved form.\nMaximum penalty—40 penalty units.","sortOrder":98},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 om 2014 No. 30 s 35","sortOrder":99},{"sectionNumber":"sec.78","sectionType":"section","heading":"Notice of end of keno employee’s employment","content":"### sec.78 Notice of end of keno employee’s employment\n\nThis section applies if—\na keno licensee ends the employment of a licensed or exempt keno employee; or\na licensed or exempt keno employee ends the employee’s employment with a keno licensee; or\na licensed or exempt keno employee otherwise ceases to be employed by a keno licensee.\nWithin 7 days after the licensed or exempt keno employee stops being employed by the keno licensee, the licensee must notify the chief executive of the end of the employment by notice in the approved form.\nMaximum penalty—40 penalty units.\n(sec.78-ssec.1) This section applies if— a keno licensee ends the employment of a licensed or exempt keno employee; or a licensed or exempt keno employee ends the employee’s employment with a keno licensee; or a licensed or exempt keno employee otherwise ceases to be employed by a keno licensee.\n(sec.78-ssec.2) Within 7 days after the licensed or exempt keno employee stops being employed by the keno licensee, the licensee must notify the chief executive of the end of the employment by notice in the approved form. Maximum penalty—40 penalty units.\n- (a) a keno licensee ends the employment of a licensed or exempt keno employee; or\n- (b) a licensed or exempt keno employee ends the employee’s employment with a keno licensee; or\n- (c) a licensed or exempt keno employee otherwise ceases to be employed by a keno licensee.","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Requirement to end licensed keno employee’s employment","content":"### sec.79 Requirement to end licensed keno employee’s employment\n\nThis section applies if—\na keno employee licence held by a keno employee employed by a keno licensee is cancelled or suspended; or\na keno employee employed by a keno licensee ceases to hold a keno employee licence for another reason.\nThe chief executive may, by written notice given to the keno licensee, require the licensee to end the keno employee’s employment as a keno employee within the time stated in the notice.\nThe keno licensee must comply with the requirement.\nThis section applies to a keno licensee despite another Act or law or any industrial award or agreement.\nA keno licensee does not incur any liability because the licensee ends the employment of a person under this section.\n(sec.79-ssec.1) This section applies if— a keno employee licence held by a keno employee employed by a keno licensee is cancelled or suspended; or a keno employee employed by a keno licensee ceases to hold a keno employee licence for another reason.\n(sec.79-ssec.2) The chief executive may, by written notice given to the keno licensee, require the licensee to end the keno employee’s employment as a keno employee within the time stated in the notice.\n(sec.79-ssec.3) The keno licensee must comply with the requirement.\n(sec.79-ssec.4) This section applies to a keno licensee despite another Act or law or any industrial award or agreement.\n(sec.79-ssec.5) A keno licensee does not incur any liability because the licensee ends the employment of a person under this section.\n- (a) a keno employee licence held by a keno employee employed by a keno licensee is cancelled or suspended; or\n- (b) a keno employee employed by a keno licensee ceases to hold a keno employee licence for another reason.","sortOrder":101},{"sectionNumber":"pt.4-div.9","sectionType":"division","heading":"Requirements about association with key operators","content":"## Requirements about association with key operators","sortOrder":102},{"sectionNumber":"sec.80","sectionType":"section","heading":"Notice of end of key operator’s role","content":"### sec.80 Notice of end of key operator’s role\n\nThis section applies if a person holds a keno employee licence as a key operator and the person stops being a key operator for a keno licensee.\nWithin 7 days after the person stops being a key operator for the keno licensee, the licensee must notify the chief executive of that fact by notice in the approved form.\nMaximum penalty—40 penalty units.\n(sec.80-ssec.1) This section applies if a person holds a keno employee licence as a key operator and the person stops being a key operator for a keno licensee.\n(sec.80-ssec.2) Within 7 days after the person stops being a key operator for the keno licensee, the licensee must notify the chief executive of that fact by notice in the approved form. Maximum penalty—40 penalty units.","sortOrder":103},{"sectionNumber":"sec.81","sectionType":"section","heading":"Requirement to end key operator’s role","content":"### sec.81 Requirement to end key operator’s role\n\nThis section applies if—\na keno employee licence held by a person as a key operator of a keno licensee is cancelled or suspended; or\na key operator of a keno licensee ceases to hold a keno employee licence for another reason.\nThe chief executive may, by written notice given to the keno licensee, require the licensee to end the association with the person within the time stated in the notice.\nThe keno licensee must comply with the requirement.\nThis section applies to a keno licensee despite another Act or law.\nA keno licensee does not incur any liability because the licensee ends an association with a person under this section.\n(sec.81-ssec.1) This section applies if— a keno employee licence held by a person as a key operator of a keno licensee is cancelled or suspended; or a key operator of a keno licensee ceases to hold a keno employee licence for another reason.\n(sec.81-ssec.2) The chief executive may, by written notice given to the keno licensee, require the licensee to end the association with the person within the time stated in the notice.\n(sec.81-ssec.3) The keno licensee must comply with the requirement.\n(sec.81-ssec.4) This section applies to a keno licensee despite another Act or law.\n(sec.81-ssec.5) A keno licensee does not incur any liability because the licensee ends an association with a person under this section.\n- (a) a keno employee licence held by a person as a key operator of a keno licensee is cancelled or suspended; or\n- (b) a key operator of a keno licensee ceases to hold a keno employee licence for another reason.","sortOrder":104},{"sectionNumber":"pt.4-div.10","sectionType":"division","heading":"General offences","content":"## General offences","sortOrder":105},{"sectionNumber":"sec.82","sectionType":"section","heading":"False statements by applicants","content":"### sec.82 False statements by applicants\n\nA person must not state anything in an application made under this part the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.","sortOrder":106},{"sectionNumber":"sec.83","sectionType":"section","heading":"Display of identification","content":"### sec.83 Display of identification\n\nA licensed keno employee carrying out functions relating to the conduct of approved keno games must—\nif asked by another person—produce an approved form of identification for the other person’s inspection; or\nhave an approved form of identification displayed so it is clearly visible to other persons.\nMaximum penalty—40 penalty units.\n- (a) if asked by another person—produce an approved form of identification for the other person’s inspection; or\n- (b) have an approved form of identification displayed so it is clearly visible to other persons.","sortOrder":107},{"sectionNumber":"pt.5","sectionType":"part","heading":"Keno agents and subagents","content":"# Keno agents and subagents","sortOrder":108},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Agency agreements","content":"## Agency agreements","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":"Entering into agency agreements","content":"### sec.84 Entering into agency agreements\n\nA keno licensee may enter into an agreement (an agency agreement ) with a person providing for the following—\nthe appointment of the person as an agent of the licensee for the conduct of keno games by the licensee under the keno licence;\nthe person’s authority as an agent;\nthe conditions under which the person acts as, and remains, an agent of the licensee;\nother matters agreed between the licensee and person.\n- (a) the appointment of the person as an agent of the licensee for the conduct of keno games by the licensee under the keno licence;\n- (b) the person’s authority as an agent;\n- (c) the conditions under which the person acts as, and remains, an agent of the licensee;\n- (d) other matters agreed between the licensee and person.","sortOrder":110},{"sectionNumber":"sec.85","sectionType":"section","heading":"Conditions for entering into agency agreement","content":"### sec.85 Conditions for entering into agency agreement\n\nA keno licensee may enter into an agency agreement only with a person prescribed under a regulation as a person eligible to be a keno agent.\nA keno licensee may enter into an agency agreement only if the agreement—\nis in a form approved by the chief executive; and\nincludes a provision stating the appointed person may not start operating as a keno agent until the qualifying period for the agreement ends; and\nstates the agent’s place of operation; and\nincludes any other provisions required by the chief executive.\n(sec.85-ssec.1) A keno licensee may enter into an agency agreement only with a person prescribed under a regulation as a person eligible to be a keno agent.\n(sec.85-ssec.2) A keno licensee may enter into an agency agreement only if the agreement— is in a form approved by the chief executive; and includes a provision stating the appointed person may not start operating as a keno agent until the qualifying period for the agreement ends; and states the agent’s place of operation; and includes any other provisions required by the chief executive.\n- (a) is in a form approved by the chief executive; and\n- (b) includes a provision stating the appointed person may not start operating as a keno agent until the qualifying period for the agreement ends; and\n- (c) states the agent’s place of operation; and\n- (d) includes any other provisions required by the chief executive.","sortOrder":111},{"sectionNumber":"sec.86","sectionType":"section","heading":"Notice of agency agreement","content":"### sec.86 Notice of agency agreement\n\nWithin 7 days after entering into an agency agreement, the keno licensee must inform the chief executive of the keno agent’s name and place of operation.","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":"Condition for amending agency agreement","content":"### sec.87 Condition for amending agency agreement\n\nA keno licensee may agree to amend an agency agreement only with the written approval of the chief executive.","sortOrder":113},{"sectionNumber":"sec.88","sectionType":"section","heading":"Notice delaying start of keno agent’s operations","content":"### sec.88 Notice delaying start of keno agent’s operations\n\nThe chief executive may, by written notice (a qualification notice ) given to a keno agent, extend the basic qualifying period for the agency agreement until a day (the final qualification day ) stated in the notice.\nThe chief executive may give the notice only if the chief executive reasonably believes—\nthe keno agent is not a suitable person to be a keno agent; or\na business or executive associate of the keno agent is not a suitable person to be associated with a keno agent’s operations.\nThe notice must be given before the basic qualifying period for the agreement ends.\nThe final qualification day must be a day within 28 days after the end of the basic qualifying period.\nAt any time before the final qualification day, the chief executive may withdraw the qualification notice by written notice given to the keno agent.\nThe chief executive must give a copy of the qualification notice and a notice under subsection (5) to the keno licensee with whom the agency agreement is entered into.\n(sec.88-ssec.1) The chief executive may, by written notice (a qualification notice ) given to a keno agent, extend the basic qualifying period for the agency agreement until a day (the final qualification day ) stated in the notice.\n(sec.88-ssec.2) The chief executive may give the notice only if the chief executive reasonably believes— the keno agent is not a suitable person to be a keno agent; or a business or executive associate of the keno agent is not a suitable person to be associated with a keno agent’s operations.\n(sec.88-ssec.3) The notice must be given before the basic qualifying period for the agreement ends.\n(sec.88-ssec.4) The final qualification day must be a day within 28 days after the end of the basic qualifying period.\n(sec.88-ssec.5) At any time before the final qualification day, the chief executive may withdraw the qualification notice by written notice given to the keno agent.\n(sec.88-ssec.6) The chief executive must give a copy of the qualification notice and a notice under subsection (5) to the keno licensee with whom the agency agreement is entered into.\n- (a) the keno agent is not a suitable person to be a keno agent; or\n- (b) a business or executive associate of the keno agent is not a suitable person to be associated with a keno agent’s operations.","sortOrder":114},{"sectionNumber":"sec.89","sectionType":"section","heading":"Start of keno agent’s operations","content":"### sec.89 Start of keno agent’s operations\n\nA keno agent must not start operating as a keno agent until the qualifying period for the agency agreement ends.","sortOrder":115},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2014 No. 30 s 36","sortOrder":116},{"sectionNumber":"sec.91","sectionType":"section","heading":"Notice of change of keno agent’s place of operation","content":"### sec.91 Notice of change of keno agent’s place of operation\n\nThis section applies if a keno agent changes, or proposes to change, the agent’s place of operation and the keno licensee becomes aware of the change or proposed change.\nWithin 7 days after the keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno agent’s new, or proposed new, place of operation.\n(sec.91-ssec.1) This section applies if a keno agent changes, or proposes to change, the agent’s place of operation and the keno licensee becomes aware of the change or proposed change.\n(sec.91-ssec.2) Within 7 days after the keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno agent’s new, or proposed new, place of operation.","sortOrder":117},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Appointment of subagents","content":"## Appointment of subagents","sortOrder":118},{"sectionNumber":"sec.92","sectionType":"section","heading":"Appointment","content":"### sec.92 Appointment\n\nA keno agent may appoint a person (a keno subagent ) as an agent of the keno agent for the conduct of keno games by the keno licensee for whom the keno agent acts.\nHowever, a keno agent may appoint a keno subagent only if the keno agent is authorised under the agency agreement to make the appointment.\n(sec.92-ssec.1) A keno agent may appoint a person (a keno subagent ) as an agent of the keno agent for the conduct of keno games by the keno licensee for whom the keno agent acts.\n(sec.92-ssec.2) However, a keno agent may appoint a keno subagent only if the keno agent is authorised under the agency agreement to make the appointment.","sortOrder":119},{"sectionNumber":"sec.93","sectionType":"section","heading":"Notice of keno subagent’s appointment","content":"### sec.93 Notice of keno subagent’s appointment\n\nWithin 7 days after a keno licensee becomes aware of the appointment of a keno subagent by a keno agent of the licensee, and of the subagent’s name and place of operation, the licensee must inform the chief executive of the subagent’s name and place of operation.","sortOrder":120},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2014 No. 30 s 37","sortOrder":121},{"sectionNumber":"sec.95","sectionType":"section","heading":"Notice of change of keno subagent’s place of operation","content":"### sec.95 Notice of change of keno subagent’s place of operation\n\nThis section applies if a keno subagent changes, or proposes to change, the subagent’s place of operation and the principal keno licensee becomes aware of the change or proposed change.\nWithin 7 days after the principal keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno subagent’s new, or proposed new, place of operation.\n(sec.95-ssec.1) This section applies if a keno subagent changes, or proposes to change, the subagent’s place of operation and the principal keno licensee becomes aware of the change or proposed change.\n(sec.95-ssec.2) Within 7 days after the principal keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno subagent’s new, or proposed new, place of operation.","sortOrder":122},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Terminating agency agreements and appointment of keno subagents","content":"## Terminating agency agreements and appointment of keno subagents","sortOrder":123},{"sectionNumber":"sec.96","sectionType":"section","heading":"Grounds for termination","content":"### sec.96 Grounds for termination\n\nEach of the following is a ground for directing the termination of an agency agreement or the appointment of a keno subagent—\nthe appointed agent is not, or is no longer, a suitable person to be an appointed agent;\na business or executive associate of the appointed agent is not, or is no longer, a suitable person to be associated with an appointed agent’s operations;\nthe appointed agent has been convicted of an offence against this Act or a gaming Act;\nthe appointed agent has been convicted of an indictable offence;\nthe appointed agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).\nAlso, it is a ground for directing the termination of an agency agreement if the keno agent is not, or is no longer, a person who is eligible to be a keno agent.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the following issues—\nthe appointed agent’s character;\nthe appointed agent’s financial position and background;\nthe appointed agent’s general suitability to act as an appointed agent.\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 and financial position and background.\n(sec.96-ssec.1) Each of the following is a ground for directing the termination of an agency agreement or the appointment of a keno subagent— the appointed agent is not, or is no longer, a suitable person to be an appointed agent; a business or executive associate of the appointed agent is not, or is no longer, a suitable person to be associated with an appointed agent’s operations; the appointed agent has been convicted of an offence against this Act or a gaming Act; the appointed agent has been convicted of an indictable offence; the appointed agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).\n(sec.96-ssec.2) Also, it is a ground for directing the termination of an agency agreement if the keno agent is not, or is no longer, a person who is eligible to be a keno agent.\n(sec.96-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 appointed agent’s character; the appointed agent’s financial position and background; the appointed agent’s general suitability to act as an appointed agent.\n(sec.96-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 and financial position and background.\n- (a) the appointed agent is not, or is no longer, a suitable person to be an appointed agent;\n- (b) a business or executive associate of the appointed agent is not, or is no longer, a suitable person to be associated with an appointed agent’s operations;\n- (c) the appointed agent has been convicted of an offence against this Act or a gaming Act;\n- (d) the appointed agent has been convicted of an indictable offence;\n- (e) the appointed agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).\n- (a) the appointed agent’s character;\n- (b) the appointed agent’s financial position and background;\n- (c) the appointed agent’s general suitability to act as an appointed agent.","sortOrder":124},{"sectionNumber":"sec.97","sectionType":"section","heading":"Show cause notice","content":"### sec.97 Show cause notice\n\nThis section applies if the chief executive believes—\na ground exists for directing the termination of an agency agreement or the appointment of a keno subagent; 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 keno games by the principal keno licensee may be jeopardised; or\nthe public interest may be affected adversely.\nThe chief executive must give the appointed agent a written notice (a show cause notice ) that—\nstates that the chief executive proposes to take action (the proposed action )—\nif the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or\nif the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent’s appointment; and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\ninvites the appointed agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must end not less than 21 days after the show cause notice is given to the appointed agent.\nThe chief executive must promptly give a copy of the show cause notice to—\nthe appointed agent’s principal; and\nif the appointed agent is a keno subagent—the principal keno licensee.\nA keno licensee or agent 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 appointed agent; or\na keno licensee or agent to whom a copy of the show cause notice is given.\n(sec.97-ssec.1) This section applies if the chief executive believes— a ground exists for directing the termination of an agency agreement or the appointment of a keno subagent; 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 keno games by the principal keno licensee may be jeopardised; or the public interest may be affected adversely.\n(sec.97-ssec.2) The chief executive must give the appointed agent a written notice (a show cause notice ) that— states that the chief executive proposes to take action (the proposed action )— if the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or if the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent’s appointment; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and invites the appointed agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.97-ssec.3) The show cause period must end not less than 21 days after the show cause notice is given to the appointed agent.\n(sec.97-ssec.4) The chief executive must promptly give a copy of the show cause notice to— the appointed agent’s principal; and if the appointed agent is a keno subagent—the principal keno licensee.\n(sec.97-ssec.5) A keno licensee or agent 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.97-ssec.6) The chief executive must consider all written representations (the accepted representations ) made during the show cause period by— the appointed agent; or a keno licensee or agent to whom a copy of the show cause notice is given.\n- (a) a ground exists for directing the termination of an agency agreement or the appointment of a keno subagent; 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 keno games by the principal keno licensee may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of keno games by the principal keno licensee may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of keno games by the principal keno licensee 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 )— (i) if the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or (ii) if the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent’s appointment; and\n- (i) if the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or\n- (ii) if the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent’s appointment; 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 appointed agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n- (i) if the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or\n- (ii) if the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent’s appointment; and\n- (a) the appointed agent’s principal; and\n- (b) if the appointed agent is a keno subagent—the principal keno licensee.\n- (a) the appointed agent; or\n- (b) a keno licensee or agent to whom a copy of the show cause notice is given.","sortOrder":125},{"sectionNumber":"sec.98","sectionType":"section","heading":"Suspending appointed agent’s operations","content":"### sec.98 Suspending appointed agent’s operations\n\nThis section applies if the chief executive believes—\na ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and\nit is necessary to suspend the appointed agent’s operations—\nin the public interest; or\nto ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised.\nThe chief executive may suspend the appointed agent’s operations.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the appointed 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 appointed agent’s operations.\nThe chief executive must promptly give a copy of the suspension notice to—\nthe appointed agent’s principal; and\nif the appointed agent is a keno subagent—the principal keno licensee.\nA keno agent must not carry on operations as a keno agent while the agent’s operations are suspended.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA keno subagent must not carry on operations as a keno subagent while the subagent’s operations are suspended.\nMaximum penalty for subsection (7) —200 penalty units or 2 years imprisonment.\n(sec.98-ssec.1) This section applies if the chief executive believes— a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and it is necessary to suspend the appointed agent’s operations— in the public interest; or to ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised.\n(sec.98-ssec.2) The chief executive may suspend the appointed agent’s operations.\n(sec.98-ssec.3) The suspension— must be effected by written notice (a suspension notice ) given to the appointed 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.98-ssec.4) The suspension notice must state the reason for the decision to suspend the appointed agent’s operations.\n(sec.98-ssec.5) The chief executive must promptly give a copy of the suspension notice to— the appointed agent’s principal; and if the appointed agent is a keno subagent—the principal keno licensee.\n(sec.98-ssec.6) A keno agent must not carry on operations as a keno agent while the agent’s operations are suspended. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.98-ssec.7) A keno subagent must not carry on operations as a keno subagent while the subagent’s operations are suspended. Maximum penalty for subsection (7) —200 penalty units or 2 years imprisonment.\n- (a) a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and\n- (b) it is necessary to suspend the appointed agent’s operations— (i) in the public interest; or (ii) to ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised.\n- (a) must be effected by written notice (a suspension notice ) given to the appointed 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.\n- (a) the appointed agent’s principal; and\n- (b) if the appointed agent is a keno subagent—the principal keno licensee.","sortOrder":126},{"sectionNumber":"sec.99","sectionType":"section","heading":"Censuring appointed agent","content":"### sec.99 Censuring appointed agent\n\nThis section applies if the chief executive—\nbelieves a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but\ndoes not believe the giving of a show cause notice to the appointed 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 an agency agreement or the appointment of a keno subagent; but\ndoes not believe termination of the agreement or appointment is warranted.\nThe chief executive may, by written notice given to the appointed agent, censure the agent for a matter relating to the ground for directing the termination of the agreement or appointment.\nThe notice must state the reason for the decision to censure the appointed agent.\nThe chief executive must promptly give a copy of the notice to—\nthe appointed agent’s principal; and\nif the appointed agent is a keno subagent—the principal keno licensee.\n(sec.99-ssec.1) This section applies if the chief executive— believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but does not believe the giving of a show cause notice to the appointed agent is warranted.\n(sec.99-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 an agency agreement or the appointment of a keno subagent; but does not believe termination of the agreement or appointment is warranted.\n(sec.99-ssec.3) The chief executive may, by written notice given to the appointed agent, censure the agent for a matter relating to the ground for directing the termination of the agreement or appointment.\n(sec.99-ssec.4) The notice must state the reason for the decision to censure the appointed agent.\n(sec.99-ssec.5) The chief executive must promptly give a copy of the notice to— the appointed agent’s principal; and if the appointed agent is a keno subagent—the principal keno licensee.\n- (a) believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but\n- (b) does not believe the giving of a show cause notice to the appointed agent is warranted.\n- (a) still believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but\n- (b) does not believe termination of the agreement or appointment is warranted.\n- (a) the appointed agent’s principal; and\n- (b) if the appointed agent is a keno subagent—the principal keno licensee.","sortOrder":127},{"sectionNumber":"sec.100","sectionType":"section","heading":"Direction to rectify","content":"### sec.100 Direction to rectify\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but\nconsiders a matter relating to the ground is capable of being rectified and that it is appropriate to give the appointed agent an opportunity to rectify the matter.\nThe chief executive may, by written notice given to the appointed agent, direct the agent to rectify the matter within the period stated in the notice.\nThe notice must state the reason 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—\nthe appointed agent’s principal; and\nif the appointed agent is a keno subagent—the principal keno licensee.\n(sec.100-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 direct the termination of an agency agreement or the appointment of a keno subagent; but considers a matter relating to the ground is capable of being rectified and that it is appropriate to give the appointed agent an opportunity to rectify the matter.\n(sec.100-ssec.2) The chief executive may, by written notice given to the appointed agent, direct the agent to rectify the matter within the period stated in the notice.\n(sec.100-ssec.3) The notice must state the reason for the decision to give the direction.\n(sec.100-ssec.4) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.100-ssec.5) The chief executive must promptly give a copy of the notice to— the appointed agent’s principal; and if the appointed agent is a keno subagent—the principal keno licensee.\n- (a) still believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but\n- (b) considers a matter relating to the ground is capable of being rectified and that it is appropriate to give the appointed agent an opportunity to rectify the matter.\n- (a) the appointed agent’s principal; and\n- (b) if the appointed agent is a keno subagent—the principal keno licensee.","sortOrder":128},{"sectionNumber":"sec.101","sectionType":"section","heading":"Directions to terminate affecting appointed agents","content":"### sec.101 Directions to terminate affecting appointed agents\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive still believes—\na ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; 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 keno games by the principal keno licensee may be jeopardised; or\nthe public interest may be affected adversely.\nThis section also applies if an appointed agent fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\nIf the ground mentioned in subsection (1) (a) , or direction to rectify, relates to an agency agreement, the chief executive must, by written notice given to the keno licensee, direct the licensee to terminate the agreement within the time stated in the notice.\nIf the ground mentioned in subsection (1) (a) , or direction to rectify, relates to a keno subagent’s appointment, the chief executive must, by written notice given to the subagent’s principal, direct the principal to terminate the subagent’s appointment 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—\nthe appointed agent affected by the decision; and\nif the appointed agent is a keno subagent—the principal keno licensee.\nA notice under subsection (3) , (4) or (5) must comply with the QCAT Act , section 157 (2) .\ns 101 amd 1999 No. 77 s 210 sch 2 ; 2009 No. 24 s 605\n(sec.101-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 direct the termination of an agency agreement or the appointment of a keno subagent; 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 keno games by the principal keno licensee may be jeopardised; or the public interest may be affected adversely.\n(sec.101-ssec.2) This section also applies if an appointed agent fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\n(sec.101-ssec.3) If the ground mentioned in subsection (1) (a) , or direction to rectify, relates to an agency agreement, the chief executive must, by written notice given to the keno licensee, direct the licensee to terminate the agreement within the time stated in the notice.\n(sec.101-ssec.4) If the ground mentioned in subsection (1) (a) , or direction to rectify, relates to a keno subagent’s appointment, the chief executive must, by written notice given to the subagent’s principal, direct the principal to terminate the subagent’s appointment within the time stated in the notice.\n(sec.101-ssec.5) 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 appointed agent affected by the decision; and if the appointed agent is a keno subagent—the principal keno licensee.\n(sec.101-ssec.6) A notice under subsection (3) , (4) or (5) must comply with the QCAT Act , section 157 (2) .\n- (a) a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; 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 keno games by the principal keno licensee may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of keno games by the principal keno licensee may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of keno games by the principal keno licensee may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (a) the appointed agent affected by the decision; and\n- (b) if the appointed agent is a keno subagent—the principal keno licensee.","sortOrder":129},{"sectionNumber":"sec.102","sectionType":"section","heading":"Termination of agreement","content":"### sec.102 Termination of agreement\n\nIf the chief executive directs a keno licensee to terminate an agency agreement, the licensee 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 keno licensee 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 keno licensee under subsection (1) or by this Act.\nA keno licensee does not incur any liability because the licensee terminates an agency agreement under subsection (1) .\n(sec.102-ssec.1) If the chief executive directs a keno licensee to terminate an agency agreement, the licensee 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.102-ssec.2) If the keno licensee does not terminate the agency agreement as required by subsection (1) , the agreement is terminated by this Act.\n(sec.102-ssec.3) The State does not incur any liability if an agency agreement is terminated by a keno licensee under subsection (1) or by this Act.\n(sec.102-ssec.4) A keno licensee does not incur any liability because the licensee 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":130},{"sectionNumber":"sec.103","sectionType":"section","heading":"Termination of appointment","content":"### sec.103 Termination of appointment\n\nIf the chief executive directs a keno agent to terminate a keno subagent’s appointment, the agent must—\nterminate the appointment 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 appointment.\nIf the keno agent does not terminate the appointment as required by subsection (1) , the appointment is terminated by this Act.\nThe State does not incur any liability if a keno subagent’s appointment is terminated by a keno agent under subsection (1) or by this Act.\nA keno agent does not incur any liability because the agent terminates a keno subagent’s appointment under subsection (1) .\n(sec.103-ssec.1) If the chief executive directs a keno agent to terminate a keno subagent’s appointment, the agent must— terminate the appointment 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 appointment.\n(sec.103-ssec.2) If the keno agent does not terminate the appointment as required by subsection (1) , the appointment is terminated by this Act.\n(sec.103-ssec.3) The State does not incur any liability if a keno subagent’s appointment is terminated by a keno agent under subsection (1) or by this Act.\n(sec.103-ssec.4) A keno agent does not incur any liability because the agent terminates a keno subagent’s appointment under subsection (1) .\n- (a) terminate the appointment 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 appointment.","sortOrder":131},{"sectionNumber":"sec.104","sectionType":"section","heading":"Notice of termination of agreement","content":"### sec.104 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 keno licensee by the chief executive.\nThe keno licensee must notify the chief executive in writing of the termination within 7 days after the agreement is terminated.\nMaximum penalty—40 penalty units.\n(sec.104-ssec.1) This section applies if an agency agreement is terminated otherwise than because of a direction to terminate the agreement given to the keno licensee by the chief executive.\n(sec.104-ssec.2) The keno licensee must notify the chief executive in writing of the termination within 7 days after the agreement is terminated. Maximum penalty—40 penalty units.","sortOrder":132},{"sectionNumber":"sec.105","sectionType":"section","heading":"Notice of termination of appointment","content":"### sec.105 Notice of termination of appointment\n\nThis section applies if a keno subagent’s appointment is terminated otherwise than because of a direction to terminate the appointment given to the keno agent by the chief executive.\nThe keno agent must notify the chief executive in writing of the termination within 7 days after the appointment is terminated.\nMaximum penalty—40 penalty units.\n(sec.105-ssec.1) This section applies if a keno subagent’s appointment is terminated otherwise than because of a direction to terminate the appointment given to the keno agent by the chief executive.\n(sec.105-ssec.2) The keno agent must notify the chief executive in writing of the termination within 7 days after the appointment is terminated. Maximum penalty—40 penalty units.","sortOrder":133},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Investigations about suitability of persons","content":"## Investigations about suitability of persons","sortOrder":134},{"sectionNumber":"sec.106","sectionType":"section","heading":"Investigations","content":"### sec.106 Investigations\n\nThe chief executive may investigate an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be an appointed agent.\nThe chief executive may investigate a business or executive associate of an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be associated with an appointed agent’s operations.\nHowever, the chief executive may investigate an appointed agent, or business or executive associate of an appointed agent, only if the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be an appointed agent, or to be associated with an appointed agent’s operations, as the case requires.\n(sec.106-ssec.1) The chief executive may investigate an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be an appointed agent.\n(sec.106-ssec.2) The chief executive may investigate a business or executive associate of an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be associated with an appointed agent’s operations.\n(sec.106-ssec.3) However, the chief executive may investigate an appointed agent, or business or executive associate of an appointed agent, only if the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be an appointed agent, or to be associated with an appointed agent’s operations, as the case requires.","sortOrder":135},{"sectionNumber":"sec.107","sectionType":"section","heading":"Requirement to give information or material for investigation","content":"### sec.107 Requirement to give information or material for investigation\n\nIn investigating an appointed agent or business or executive associate of an appointed agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\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 material sought by the chief executive is not in fact relevant to the investigation.\n(sec.107-ssec.1) In investigating an appointed agent or business or executive associate of an appointed agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.\n(sec.107-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.107-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.107-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.107-ssec.5) The person does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.","sortOrder":136},{"sectionNumber":"sec.108","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.108 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation 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.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.108-ssec.1) If the chief executive, in making an investigation 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.108-ssec.2) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":137},{"sectionNumber":"pt.6","sectionType":"part","heading":"Keno tax and licence fee","content":"# Keno tax and licence fee","sortOrder":138},{"sectionNumber":"sec.109","sectionType":"section","heading":"Requirement to pay keno tax","content":"### sec.109 Requirement to pay keno tax\n\nA keno licensee must pay to the chief executive a tax (a keno tax ) for each month for the keno licence.\nThe keno tax must be paid on or before the seventh day of the month immediately following the month for which the keno tax is payable.\n(sec.109-ssec.1) A keno licensee must pay to the chief executive a tax (a keno tax ) for each month for the keno licence.\n(sec.109-ssec.2) The keno tax must be paid on or before the seventh day of the month immediately following the month for which the keno tax is payable.","sortOrder":139},{"sectionNumber":"sec.110","sectionType":"section","heading":"Calculating keno tax","content":"### sec.110 Calculating keno tax\n\nThe amount of keno tax to be paid is a percentage of the keno licensee’s gross revenue for the month for which the keno tax is payable (the gross tax amount ), less the GST deduction for the month.\nThe percentage for subsection (1) is the percentage that applies under the associated keno agreement for the relevant keno licence.\nIn this section—\nGST deduction , for a month, means the lesser of the following amounts—\nthe global GST amount for the month;\nthe gross tax amount for the month.\ns 110 amd 2000 No. 20 s 29 sch 3\n(sec.110-ssec.1) The amount of keno tax to be paid is a percentage of the keno licensee’s gross revenue for the month for which the keno tax is payable (the gross tax amount ), less the GST deduction for the month.\n(sec.110-ssec.2) The percentage for subsection (1) is the percentage that applies under the associated keno agreement for the relevant keno licence.\n(sec.110-ssec.3) In this section— GST deduction , for a month, means the lesser of the following amounts— the global GST amount for the month; the gross tax amount for the month.\n- (a) the global GST amount for the month;\n- (b) the gross tax amount for the month.","sortOrder":140},{"sectionNumber":"sec.111","sectionType":"section","heading":"Monthly gross revenue return","content":"### sec.111 Monthly gross revenue return\n\nA keno licensee must give the chief executive a return (a monthly gross revenue return ) as required by this section each month stating details of the licensee’s gross revenue, and global GST amount, for the previous month.\nMaximum penalty—40 penalty units.\nThe return must—\nbe in the approved form; and\nbe given not later than the day prescribed under a regulation.\ns 111 amd 2000 No. 20 s 29 sch 3\n(sec.111-ssec.1) A keno licensee must give the chief executive a return (a monthly gross revenue return ) as required by this section each month stating details of the licensee’s gross revenue, and global GST amount, for the previous month. Maximum penalty—40 penalty units.\n(sec.111-ssec.2) The return must— be in the approved form; and be given not later than the day prescribed under a regulation.\n- (a) be in the approved form; and\n- (b) be given not later than the day prescribed under a regulation.","sortOrder":141},{"sectionNumber":"sec.112","sectionType":"section","heading":"Keno licence fee","content":"### sec.112 Keno licence fee\n\nA keno licensee must pay to the chief executive a fee (a keno licence fee ) for the keno licence for each period (a licence payment period ) stated in the associated keno agreement.\nThe keno licence fee for each licence payment period—\nis the amount stated in, or decided under, the associated keno agreement; and\nmust be paid at the time stated in the agreement.\n(sec.112-ssec.1) A keno licensee must pay to the chief executive a fee (a keno licence fee ) for the keno licence for each period (a licence payment period ) stated in the associated keno agreement.\n(sec.112-ssec.2) The keno licence fee for each licence payment period— is the amount stated in, or decided under, the associated keno agreement; and must be paid at the time stated in the agreement.\n- (a) is the amount stated in, or decided under, the associated keno agreement; and\n- (b) must be paid at the time stated in the agreement.","sortOrder":142},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 sub 2000 No. 51 s 90\namd 2002 No. 66 s 11 ; 2009 No. 9 s 136 sch 1\nom 2013 No. 25 s 112","sortOrder":143},{"sectionNumber":"sec.114","sectionType":"section","heading":"Penalty for late payment","content":"### sec.114 Penalty for late payment\n\nA keno licensee must pay to the chief executive a penalty for an amount (the unpaid amount ) of keno tax or keno licence fee remaining unpaid after the day the amount becomes payable.\nThe penalty is the percentage prescribed under a regulation of the unpaid amount, calculated immediately the amount becomes payable but is not received by the chief executive.\nAn additional penalty is payable by the keno licensee to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid—\nat the end of 1 month starting on the day the unpaid amount first became payable; 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 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.114-ssec.1) A keno licensee must pay to the chief executive a penalty for an amount (the unpaid amount ) of keno tax or keno licence fee remaining unpaid after the day the amount becomes payable.\n(sec.114-ssec.2) The penalty is the percentage prescribed under a regulation of the unpaid amount, calculated immediately the amount becomes payable but is not received by the chief executive.\n(sec.114-ssec.3) An additional penalty is payable by the keno licensee to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid— at the end of 1 month starting on the day the unpaid amount first became payable; 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.114-ssec.4) The additional penalty is the percentage prescribed under a regulation of each amount for which the penalty is payable.\n(sec.114-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) at the end of 1 month starting on the day the unpaid amount first became payable; 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":144},{"sectionNumber":"sec.115","sectionType":"section","heading":"Recovery of amounts","content":"### sec.115 Recovery of amounts\n\nAn amount of keno tax or keno licence fee, or penalty for a keno tax or keno licence fee, payable to the chief executive under this part and remaining unpaid is a debt payable to the Crown and may be recovered by action in a court of competent jurisdiction.","sortOrder":145},{"sectionNumber":"sec.116","sectionType":"section","heading":"Revenue offences","content":"### sec.116 Revenue offences\n\nA keno licensee must not—\nevade the payment of an amount payable by the licensee for a keno tax or keno licence fee; or\ngive the chief executive a monthly gross revenue return containing information the licensee knows is 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 226 , to have also committed the offence.\nSubsection (1) (b) does not apply to a keno licensee if the licensee, when giving the monthly gross revenue return—\ninforms the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and\nif the licensee has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\ns 116 amd 2013 No. 51 s 229 sch 1\n(sec.116-ssec.1) A keno licensee must not— evade the payment of an amount payable by the licensee for a keno tax or keno licence fee; or give the chief executive a monthly gross revenue return containing information the licensee knows is 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 226 , to have also committed the offence.\n(sec.116-ssec.2) Subsection (1) (b) does not apply to a keno licensee if the licensee, when giving the monthly gross revenue return— informs the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and if the licensee has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.116-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n- (a) evade the payment of an amount payable by the licensee for a keno tax or keno licence fee; or\n- (b) give the chief executive a monthly gross revenue return containing information the licensee knows is false, misleading or incomplete in a material particular.\n- (a) informs the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and\n- (b) if the licensee has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":146},{"sectionNumber":"sec.116A","sectionType":"section","heading":null,"content":"### Section sec.116A\n\ns 116A ins 2020 No. 16 s 33\namd 2020 No. 38 s 37 (1)\nexp 30 April 2022 (see s 116A(2))","sortOrder":147},{"sectionNumber":"pt.7","sectionType":"part","heading":"Compliance requirements","content":"# Compliance requirements","sortOrder":148},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Control system for conducting keno games","content":"## Control system for conducting keno games","sortOrder":149},{"sectionNumber":"sec.117","sectionType":"section","heading":"Keno games to be conducted under control system","content":"### sec.117 Keno games to be conducted under control system\n\nA keno licensee must not conduct a keno game under the keno licence unless the licensee has a control system complying with section 118 for conducting the keno game.\nMaximum penalty—200 penalty units.\nThe keno licensee must not contravene its control system in the conduct of a keno game.\nMaximum penalty—200 penalty units.\nA keno licensee must, on request by an inspector, make its control system available for inspection by the inspector.\nMaximum penalty—200 penalty units.\ns 117 sub 2002 No. 43 s 92\namd 2013 No. 25 s 113\n(sec.117-ssec.1) A keno licensee must not conduct a keno game under the keno licence unless the licensee has a control system complying with section 118 for conducting the keno game. Maximum penalty—200 penalty units.\n(sec.117-ssec.2) The keno licensee must not contravene its control system in the conduct of a keno game. Maximum penalty—200 penalty units.\n(sec.117-ssec.3) A keno licensee must, on request by an inspector, make its control system available for inspection by the inspector. Maximum penalty—200 penalty units.","sortOrder":150},{"sectionNumber":"sec.118","sectionType":"section","heading":"Content of control system","content":"### sec.118 Content of control system\n\nA keno licensee’s control system for a keno game must—\nbe in writing; and\ninclude details about each matter for the keno game stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the licensee for the following purposes—\nensuring amounts payable by the licensee to the State for the keno game are worked out and paid under this Act;\nprotecting the integrity of the conduct of the keno game by the licensee.\nFor subsection (1) (b) , the matters are—\naccounting systems and procedures; and\nadministrative systems and procedures; and\nprocedures for recording entries, and paying amounts won, in the keno game;\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 keno game.\ns 118 amd 2004 No. 21 s 77 ; 2005 No. 12 s 88 sch\nsub 2013 No. 25 s 114\n(sec.118-ssec.1) A keno licensee’s control system for a keno game must— be in writing; and include details about each matter for the keno game stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the licensee for the following purposes— ensuring amounts payable by the licensee to the State for the keno game are worked out and paid under this Act; protecting the integrity of the conduct of the keno game by the licensee.\n(sec.118-ssec.2) For subsection (1) (b) , the matters are— accounting systems and procedures; and administrative systems and procedures; and procedures for recording entries, and paying amounts won, in the keno game; 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 keno game.\n- (a) be in writing; and\n- (b) include details about each matter for the keno game stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the licensee for the following purposes— (i) ensuring amounts payable by the licensee to the State for the keno game are worked out and paid under this Act; (ii) protecting the integrity of the conduct of the keno game by the licensee.\n- (i) ensuring amounts payable by the licensee to the State for the keno game are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the keno game by the licensee.\n- (i) ensuring amounts payable by the licensee to the State for the keno game are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the keno game by the licensee.\n- (a) accounting systems and procedures; and\n- (b) administrative systems and procedures; and\n- (c) procedures for recording entries, and paying amounts won, in the keno game;\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 keno game.","sortOrder":151},{"sectionNumber":"sec.119","sectionType":"section","heading":"Chief executive may give direction about content of control system","content":"### sec.119 Chief executive may give direction about content of control system\n\nThis section applies if the chief executive considers a keno licensee’s control system for a keno game is insufficient for—\nensuring amounts payable to the State under this Act for the keno game are properly worked out and paid; or\nprotecting the integrity of the conduct of the keno game by the licensee.\nThe chief executive may, by written notice to the licensee, direct the licensee to include in its control system additional details about 1 or more matters mentioned in section 118 (2) within the reasonable period, and in the way, stated in the notice.\nIf the licensee does not comply with the direction, at the end of the period stated in the notice the licensee’s control system is taken to have been changed in the way stated in the notice.\ns 119 amd 2005 No. 12 s 88 sch\nsub 2013 No. 25 s 114\n(sec.119-ssec.1) This section applies if the chief executive considers a keno licensee’s control system for a keno game is insufficient for— ensuring amounts payable to the State under this Act for the keno game are properly worked out and paid; or protecting the integrity of the conduct of the keno game by the licensee.\n(sec.119-ssec.2) The chief executive may, by written notice to the licensee, direct the licensee to include in its control system additional details about 1 or more matters mentioned in section 118 (2) within the reasonable period, and in the way, stated in the notice.\n(sec.119-ssec.3) If the licensee does not comply with the direction, at the end of the period stated in the notice the licensee’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 keno game are properly worked out and paid; or\n- (b) protecting the integrity of the conduct of the keno game by the licensee.","sortOrder":152},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 amd 2005 No. 12 s 60\nom 2013 No. 25 s 114","sortOrder":153},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 amd 2005 No. 12 s 88 sch\nom 2013 No. 25 s 114","sortOrder":154},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Keno records","content":"## Keno records","sortOrder":155},{"sectionNumber":"sec.122","sectionType":"section","heading":"Notices about keeping keno records","content":"### sec.122 Notices about keeping keno records\n\nThe chief executive may, by written notice given to a keno licensee—\napprove a place (the approved place ) nominated by the licensee as the place where the licensee is required to keep the licensee’s keno records; or\nspecify a keno record of the licensee (an exempt keno record ) that is not required to be kept at the approved place; or\nspecify a keno record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or circumstances in which, the record may be kept at the other place; or\napprove the keeping of information contained in a keno record of the licensee in a way different from the way the information was kept when the record was being used by the licensee; or\napprove the destruction of a keno record of the licensee the chief executive considers need not be kept.\nA keno record mentioned in subsection (1) (c) is also an exempt keno record —\nfor the period stated in the notice; or\nwhile the circumstances stated in the notice exist.\nThe chief executive may specify a keno record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the keno record to be kept at a place other than the 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 keno record.\n(sec.122-ssec.1) The chief executive may, by written notice given to a keno licensee— approve a place (the approved place ) nominated by the licensee as the place where the licensee is required to keep the licensee’s keno records; or specify a keno record of the licensee (an exempt keno record ) that is not required to be kept at the approved place; or specify a keno record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or circumstances in which, the record may be kept at the other place; or approve the keeping of information contained in a keno record of the licensee in a way different from the way the information was kept when the record was being used by the licensee; or approve the destruction of a keno record of the licensee the chief executive considers need not be kept.\n(sec.122-ssec.2) A keno record mentioned in subsection (1) (c) is also an exempt keno record — for the period stated in the notice; or while the circumstances stated in the notice exist.\n(sec.122-ssec.3) The chief executive may specify a keno record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the keno record to be kept at a place other than the approved place.\n(sec.122-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 keno record.\n- (a) approve a place (the approved place ) nominated by the licensee as the place where the licensee is required to keep the licensee’s keno records; or\n- (b) specify a keno record of the licensee (an exempt keno record ) that is not required to be kept at the approved place; or\n- (c) specify a keno record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or circumstances in which, the record may be kept at the other place; or\n- (d) approve the keeping of information contained in a keno record of the licensee in a way different from the way the information was kept when the record was being used by the licensee; or\n- (e) approve the destruction of a keno record of the licensee 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":156},{"sectionNumber":"sec.123","sectionType":"section","heading":"Keno records to be kept at certain place","content":"### sec.123 Keno records to be kept at certain place\n\nA keno licensee must keep the licensee’s keno records at—\nthe licensee’s principal place of business in the State or, if the licensee is a corporation and has its registered office in the State, at its registered office; or\nan approved place for the records.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to an exempt keno record of the licensee.\n(sec.123-ssec.1) A keno licensee must keep the licensee’s keno records at— the licensee’s principal place of business in the State or, if the licensee is a corporation and has its registered office in the State, at its registered office; or an approved place for the records. Maximum penalty—40 penalty units.\n(sec.123-ssec.2) Subsection (1) does not apply to an exempt keno record of the licensee.\n- (a) the licensee’s principal place of business in the State or, if the licensee is a corporation and has its registered office in the State, at its registered office; or\n- (b) an approved place for the records.","sortOrder":157},{"sectionNumber":"sec.124","sectionType":"section","heading":"Keno records to be kept for required period","content":"### sec.124 Keno records to be kept for required period\n\nA keno licensee must keep a keno record of the licensee 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 keno record of the licensee if the information previously contained in the record is kept in another way in accordance with an approval of the chief executive.\nAlso, subsection (1) does not apply to a keno record of the licensee that has been destroyed in accordance with an approval of the chief executive.\nSubsection (1) has effect subject to any other law about the retention or destruction of the keno record.\n(sec.124-ssec.1) A keno licensee must keep a keno record of the licensee for 5 years after the end of the transaction to which the record relates. Maximum penalty—40 penalty units.\n(sec.124-ssec.2) Subsection (1) does not apply to a keno record of the licensee if the information previously contained in the record is kept in another way in accordance with an approval of the chief executive.\n(sec.124-ssec.3) Also, subsection (1) does not apply to a keno record of the licensee that has been destroyed in accordance with an approval of the chief executive.\n(sec.124-ssec.4) Subsection (1) has effect subject to any other law about the retention or destruction of the keno record.","sortOrder":158},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Financial accounts, statements and reports","content":"## Financial accounts, statements and reports","sortOrder":159},{"sectionNumber":"sec.125","sectionType":"section","heading":"Keeping of accounts","content":"### sec.125 Keeping of accounts\n\nA keno licensee must—\nkeep accounting records that correctly record and explain the transactions and financial position for the licensee’s operations conducted under the keno 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 licensee’s operations conducted under the keno 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":160},{"sectionNumber":"sec.126","sectionType":"section","heading":"Preparation of financial statements and accounts","content":"### sec.126 Preparation of financial statements and accounts\n\nA keno licensee must prepare financial statements and accounts as required by this section giving a true and fair view of the licensee’s financial operations conducted under the keno 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.126-ssec.1) A keno licensee must prepare financial statements and accounts as required by this section giving a true and fair view of the licensee’s financial operations conducted under the keno licence. Maximum penalty—40 penalty units.\n(sec.126-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":161},{"sectionNumber":"sec.127","sectionType":"section","heading":"Submission of reports","content":"### sec.127 Submission of reports\n\nA keno licensee must give reports to the chief executive as required by this section about the licensee’s operations conducted under the keno licence.\nMaximum penalty—40 penalty units.\nThe reports must be given at the times stated in a written notice given to the keno licensee by the chief executive.\nA report must be in the approved form.\nThe chief executive may, by written notice given to a keno licensee, require the licensee 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 licensee’s operations.\nA keno licensee must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA keno licensee must not give the chief executive a report containing information, or further information about a report, the licensee knows is false, misleading or incomplete in a material particular.\nMaximum penalty—40 penalty units.\nSubsection (6) does not apply to a keno licensee if the licensee, when giving the report or further information—\ninforms the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and\nif the licensee has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the person’s knowledge.\n(sec.127-ssec.1) A keno licensee must give reports to the chief executive as required by this section about the licensee’s operations conducted under the keno licence. Maximum penalty—40 penalty units.\n(sec.127-ssec.2) The reports must be given at the times stated in a written notice given to the keno licensee by the chief executive.\n(sec.127-ssec.3) A report must be in the approved form.\n(sec.127-ssec.4) The chief executive may, by written notice given to a keno licensee, require the licensee 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 licensee’s operations.\n(sec.127-ssec.5) A keno licensee must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.127-ssec.6) A keno licensee must not give the chief executive a report containing information, or further information about a report, the licensee knows is false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units.\n(sec.127-ssec.7) Subsection (6) does not apply to a keno licensee if the licensee, when giving the report or further information— informs the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and if the licensee has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.127-ssec.8) It is enough for a complaint against a person for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the person’s knowledge.\n- (a) informs the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and\n- (b) if the licensee has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":162},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Financial institution accounts","content":"## Financial institution accounts","sortOrder":163},{"sectionNumber":"sec.128","sectionType":"section","heading":"Keeping of accounts","content":"### sec.128 Keeping of accounts\n\nA keno licensee 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 licensee’s operations conducted under the keno licence.\nMaximum penalty—40 penalty units.","sortOrder":164},{"sectionNumber":"sec.129","sectionType":"section","heading":"Use of accounts","content":"### sec.129 Use of accounts\n\nA keno licensee 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":165},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Audit","content":"## Audit","sortOrder":166},{"sectionNumber":"sec.130","sectionType":"section","heading":"Audit of keno licensee’s operations","content":"### sec.130 Audit of keno licensee’s operations\n\nAs soon as practicable after the end of a financial year, a keno licensee must, at the licensee’s own expense, cause the licensee’s books, accounts and financial statements for the licensee’s operations conducted under the keno licence for the financial year to be audited by a registered company auditor approved by the chief executive.\nMaximum penalty—40 penalty units.","sortOrder":167},{"sectionNumber":"sec.131","sectionType":"section","heading":"Completion of audit","content":"### sec.131 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 keno licensee.\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.\n(sec.131-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 keno licensee. Maximum penalty—40 penalty units.\n(sec.131-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.\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 keno licensee.","sortOrder":168},{"sectionNumber":"sec.132","sectionType":"section","heading":"Further information following audit","content":"### sec.132 Further information following audit\n\nOn receiving a copy of the audit report, the chief executive may, by written notice given to the keno licensee, require the licensee to give the chief executive, within a reasonable time stated in the notice, further information about a matter relating to the licensee’s operations mentioned in the audit report.\nA keno licensee must comply with a requirement under subsection (1) within the time stated in the notice, unless the licensee has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.132-ssec.1) On receiving a copy of the audit report, the chief executive may, by written notice given to the keno licensee, require the licensee to give the chief executive, within a reasonable time stated in the notice, further information about a matter relating to the licensee’s operations mentioned in the audit report.\n(sec.132-ssec.2) A keno licensee must comply with a requirement under subsection (1) within the time stated in the notice, unless the licensee has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":169},{"sectionNumber":"pt.8","sectionType":"part","heading":"Conduct of approved keno games","content":"# Conduct of approved keno games","sortOrder":170},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Agreements relating to keno licensee’s operations","content":"## Agreements relating to keno licensee’s operations","sortOrder":171},{"sectionNumber":"sec.133","sectionType":"section","heading":"Approval of ancillary keno agreements","content":"### sec.133 Approval of ancillary keno agreements\n\nA keno licensee may apply to the Minister for approval to enter into an ancillary keno agreement.\nThe Minister may give the approval if the Minister considers it is appropriate or desirable in all the circumstances for the licensee to enter into the agreement.\nAn approval must be in writing.\n(sec.133-ssec.1) A keno licensee may apply to the Minister for approval to enter into an ancillary keno agreement.\n(sec.133-ssec.2) The Minister may give the approval if the Minister considers it is appropriate or desirable in all the circumstances for the licensee to enter into the agreement.\n(sec.133-ssec.3) An approval must be in writing.","sortOrder":172},{"sectionNumber":"sec.134","sectionType":"section","heading":"Entering into ancillary keno agreements","content":"### sec.134 Entering into ancillary keno agreements\n\nA keno licensee must not enter into, or be a party to, an ancillary keno agreement without the written approval of the Minister.\nMaximum penalty—40 penalty units.","sortOrder":173},{"sectionNumber":"sec.135","sectionType":"section","heading":"Review of related agreements","content":"### sec.135 Review of related agreements\n\nThe Minister may, by written notice given to a keno licensee, require the licensee to give to the Minister, within the time stated in the notice—\nthe information stated in the notice about a related agreement to which the licensee is a party; and\nif the agreement is in writing—a copy of the agreement.\nWithout limiting subsection (1) , the information the Minister may require to be given about the 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 keno licensee must comply with the requirement within the time stated in the notice, unless the licensee has a reasonable excuse.\n(sec.135-ssec.1) The Minister may, by written notice given to a keno licensee, require the licensee to give to the Minister, within the time stated in the notice— the information stated in the notice about a related agreement to which the licensee is a party; and if the agreement is in writing—a copy of the agreement.\n(sec.135-ssec.2) Without limiting subsection (1) , the information the Minister may require to be given about the 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.135-ssec.3) The keno licensee must comply with the requirement within the time stated in the notice, unless the licensee has a reasonable excuse.\n- (a) the information stated in the notice about a related agreement to which the licensee 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":174},{"sectionNumber":"sec.136","sectionType":"section","heading":"Show cause notice for related agreement","content":"### sec.136 Show cause notice for related agreement\n\nThis section applies if, after considering the information given to the Minister about a related agreement and, if appropriate, the contents of the agreement, the Minister believes the continuance of the agreement—\nmay jeopardise the integrity of the conduct of keno games by the keno licensee who is a party to the agreement; or\nmay affect the public interest adversely.\nThe Minister must give the keno licensee who is a party to the agreement a written notice (a show cause notice ) that—\nstates the Minister 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 licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must end not less than 21 days after the show cause notice is given to the keno licensee.\nThe Minister 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 Minister in the show cause period.\nThe Minister must consider all written representations (the accepted representations ) made during the show cause period by the keno licensee or an interested person.\n(sec.136-ssec.1) This section applies if, after considering the information given to the Minister about a related agreement and, if appropriate, the contents of the agreement, the Minister believes the continuance of the agreement— may jeopardise the integrity of the conduct of keno games by the keno licensee who is a party to the agreement; or may affect the public interest adversely.\n(sec.136-ssec.2) The Minister must give the keno licensee who is a party to the agreement a written notice (a show cause notice ) that— states the Minister 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 licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.136-ssec.3) The show cause period must end not less than 21 days after the show cause notice is given to the keno licensee.\n(sec.136-ssec.4) The Minister 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.136-ssec.5) An interested person may make representations about the notice to the Minister in the show cause period.\n(sec.136-ssec.6) The Minister must consider all written representations (the accepted representations ) made during the show cause period by the keno licensee or an interested person.\n- (a) may jeopardise the integrity of the conduct of keno games by the keno licensee who is a party to the agreement; or\n- (b) may affect the public interest adversely.\n- (a) states the Minister 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 licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":175},{"sectionNumber":"sec.137","sectionType":"section","heading":"Direction to terminate related agreement","content":"### sec.137 Direction to terminate related agreement\n\nThe Minister may direct the termination of a related agreement if, after considering the accepted representations for a show cause notice, the Minister still believes the continuance of the agreement—\nmay jeopardise the integrity of the conduct of keno games by the keno licensee 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.137-ssec.1) The Minister may direct the termination of a related agreement if, after considering the accepted representations for a show cause notice, the Minister still believes the continuance of the agreement— may jeopardise the integrity of the conduct of keno games by the keno licensee who is a party to the agreement; or may affect the public interest adversely.\n(sec.137-ssec.2) The direction must be given by written notice to each of the parties to the agreement.\n(sec.137-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.137-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.137-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.137-ssec.6) The State does not incur any liability if the agreement is terminated under the direction or by this Act.\n(sec.137-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 keno games by the keno licensee 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":176},{"sectionNumber":"sec.137A","sectionType":"section","heading":"Keno pooling agreements","content":"### sec.137A Keno pooling agreements\n\nA keno licensee may enter into an agreement (a keno pooling agreement ) with an interstate entity to provide for—\nthe keno licensee and the interstate entity to retain a percentage of amounts received (the pooling contributions ) by the keno licensee and the interstate entity from the conduct of jackpot keno games; and\nhow pooling contributions are applied to form part of a prize for a jackpot keno game; and\nthe transfer of pooling contributions between the keno licensee and the interstate entity; and\nthe coordination of the conduct of jackpot keno games by the keno licensee and the interstate entity; and\nany other matter the chief executive believes is necessary for ensuring—\nthe integrity of the conduct of keno games; or\nthe public interest is not affected in an adverse and material way.\nAn interstate entity is taken not to conduct a keno game in the State because of 1 or more of the following—\nthe interstate entity is a party to a keno pooling agreement;\nthe interstate entity conducts a jackpot keno game in another State;\nthe interstate entity pays, or is required to pay, to a person a prize for a jackpot keno game.\nA prize for a jackpot keno game that is conducted in the State must not include an amount received by an interstate entity, other than an amount that is all or part of the pooling contributions.\nA keno licensee may only pay an amount for a prize for a jackpot keno game conducted in another State if the amount is all or part of the pooling contributions.\nIn this section—\ninterstate entity means an entity that conducts a keno game under a law of another State that provides for the conduct and playing of keno games in that other State.\njackpot keno game , in relation to a keno pooling agreement, means a keno game that is the subject of the agreement.\nkeno game includes a game commonly known in another State as keno.\ns 137A ins 2016 No. 56 s 6\n(sec.137A-ssec.1) A keno licensee may enter into an agreement (a keno pooling agreement ) with an interstate entity to provide for— the keno licensee and the interstate entity to retain a percentage of amounts received (the pooling contributions ) by the keno licensee and the interstate entity from the conduct of jackpot keno games; and how pooling contributions are applied to form part of a prize for a jackpot keno game; and the transfer of pooling contributions between the keno licensee and the interstate entity; and the coordination of the conduct of jackpot keno games by the keno licensee and the interstate entity; and any other matter the chief executive believes is necessary for ensuring— the integrity of the conduct of keno games; or the public interest is not affected in an adverse and material way.\n(sec.137A-ssec.2) An interstate entity is taken not to conduct a keno game in the State because of 1 or more of the following— the interstate entity is a party to a keno pooling agreement; the interstate entity conducts a jackpot keno game in another State; the interstate entity pays, or is required to pay, to a person a prize for a jackpot keno game.\n(sec.137A-ssec.3) A prize for a jackpot keno game that is conducted in the State must not include an amount received by an interstate entity, other than an amount that is all or part of the pooling contributions.\n(sec.137A-ssec.4) A keno licensee may only pay an amount for a prize for a jackpot keno game conducted in another State if the amount is all or part of the pooling contributions.\n(sec.137A-ssec.5) In this section— interstate entity means an entity that conducts a keno game under a law of another State that provides for the conduct and playing of keno games in that other State. jackpot keno game , in relation to a keno pooling agreement, means a keno game that is the subject of the agreement. keno game includes a game commonly known in another State as keno.\n- (a) the keno licensee and the interstate entity to retain a percentage of amounts received (the pooling contributions ) by the keno licensee and the interstate entity from the conduct of jackpot keno games; and\n- (b) how pooling contributions are applied to form part of a prize for a jackpot keno game; and\n- (c) the transfer of pooling contributions between the keno licensee and the interstate entity; and\n- (d) the coordination of the conduct of jackpot keno games by the keno licensee and the interstate entity; and\n- (e) any other matter the chief executive believes is necessary for ensuring— (i) the integrity of the conduct of keno games; or (ii) the public interest is not affected in an adverse and material way.\n- (i) the integrity of the conduct of keno games; or\n- (ii) the public interest is not affected in an adverse and material way.\n- (i) the integrity of the conduct of keno games; or\n- (ii) the public interest is not affected in an adverse and material way.\n- (a) the interstate entity is a party to a keno pooling agreement;\n- (b) the interstate entity conducts a jackpot keno game in another State;\n- (c) the interstate entity pays, or is required to pay, to a person a prize for a jackpot keno game.","sortOrder":177},{"sectionNumber":"sec.137B","sectionType":"section","heading":"Application of particular provisions to keno pooling agreements","content":"### sec.137B Application of particular provisions to keno pooling agreements\n\nSections 135 to 137 apply to a keno pooling agreement as if a reference in those sections to—\na related agreement were a reference to a keno pooling agreement; and\ntermination of an agreement were a reference to a keno licensee exiting an agreement.\ns 137B ins 2016 No. 56 s 6\n- (a) a related agreement were a reference to a keno pooling agreement; and\n- (b) termination of an agreement were a reference to a keno licensee exiting an agreement.","sortOrder":178},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Operations of keno licensees and agents","content":"## Operations of keno licensees and agents","sortOrder":179},{"sectionNumber":"sec.138","sectionType":"section","heading":"Keno rules","content":"### sec.138 Keno rules\n\nFor this Act, the Minister may make rules for the playing of a game commonly known as keno.\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 keno licensee may make submissions to the Minister about a rule or proposed rule.\ns 138 amd 2009 No. 41 s 56 ; 2022 No. 23 s 81\n(sec.138-ssec.1) For this Act, the Minister may make rules for the playing of a game commonly known as keno.\n(sec.138-ssec.2) The Minister must notify the making of a rule on the department’s website.\n(sec.138-ssec.3) A rule takes effect— on the day the making of the rule is notified on the department’s website; or if a later day is stated in the Minister’s notice or the rule—on that day.\n(sec.138-ssec.4) A keno licensee may make submissions to the Minister about a rule or proposed rule.\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":180},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Rules to be made available etc.","content":"### sec.138A Rules to be made available etc.\n\nA keno licensee must, for a keno game conducted by the licensee under the licence—\nmake a copy of the rules for the game available for public inspection on the licensee’s website on the internet; and\ngive a copy of the rules for the game to each keno agent of the licensee.\nMaximum penalty—40 penalty units.\ns 138A ins 2009 No. 41 s 57\n- (a) make a copy of the rules for the game available for public inspection on the licensee’s website on the internet; and\n- (b) give a copy of the rules for the game to each keno agent of the licensee.","sortOrder":181},{"sectionNumber":"sec.139","sectionType":"section","heading":"Responsibility of keno licensee for licensee’s acts","content":"### sec.139 Responsibility of keno licensee for licensee’s acts\n\nA keno licensee, in doing an act for the conduct of a keno game by the licensee under the keno licence, must ensure the act is done in accordance with the rules for the playing of the game.\nMaximum penalty—40 penalty units.","sortOrder":182},{"sectionNumber":"sec.140","sectionType":"section","heading":"Responsibility of keno licensee for acts of appointed agents","content":"### sec.140 Responsibility of keno licensee for acts of appointed agents\n\nThis section applies to the doing of an act by an appointed agent for the conduct of a keno game by the keno licensee who is the principal keno licensee for the agent.\nThe keno licensee must take reasonable steps to ensure the act is done in accordance with the rules for the playing of the game.\nMaximum penalty—40 penalty units.\n(sec.140-ssec.1) This section applies to the doing of an act by an appointed agent for the conduct of a keno game by the keno licensee who is the principal keno licensee for the agent.\n(sec.140-ssec.2) The keno licensee must take reasonable steps to ensure the act is done in accordance with the rules for the playing of the game. Maximum penalty—40 penalty units.","sortOrder":183},{"sectionNumber":"sec.141","sectionType":"section","heading":"Responsibility of appointed agent for agent’s acts","content":"### sec.141 Responsibility of appointed agent for agent’s acts\n\nAn appointed agent, in doing an act for the conduct of a keno game by the principal keno licensee, must ensure the act is done in accordance with the rules for the playing of the game.\nMaximum penalty—40 penalty units.","sortOrder":184},{"sectionNumber":"sec.142","sectionType":"section","heading":"Places of operation","content":"### sec.142 Places of operation\n\nA keno licensee must not carry on the licensee’s operations at a place other than a place that—\nthe licensee has, by notice given to the chief executive, nominated as being the licensee’s proposed place of operation; and\nhas been approved by the chief executive.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nAn appointed agent must not carry on the agent’s operations at a place other than a place that—\nis prescribed under a regulation as an approved place for the agent; and\nis stated in a notice given to the chief executive as being the agent’s place of operation.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nThe notice mentioned in subsection (2) may be given by—\nthe appointed agent; or\nthe appointed agent’s principal; or\nif the appointed agent is a keno subagent—the principal keno licensee.\n(sec.142-ssec.1) A keno licensee must not carry on the licensee’s operations at a place other than a place that— the licensee has, by notice given to the chief executive, nominated as being the licensee’s proposed place of operation; and has been approved by the chief executive. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.142-ssec.2) An appointed agent must not carry on the agent’s operations at a place other than a place that— is prescribed under a regulation as an approved place for the agent; and is stated in a notice given to the chief executive as being the agent’s place of operation. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.142-ssec.3) The notice mentioned in subsection (2) may be given by— the appointed agent; or the appointed agent’s principal; or if the appointed agent is a keno subagent—the principal keno licensee.\n- (a) the licensee has, by notice given to the chief executive, nominated as being the licensee’s proposed place of operation; and\n- (b) has been approved by the chief executive.\n- (a) is prescribed under a regulation as an approved place for the agent; and\n- (b) is stated in a notice given to the chief executive as being the agent’s place of operation.\n- (a) the appointed agent; or\n- (b) the appointed agent’s principal; or\n- (c) if the appointed agent is a keno subagent—the principal keno licensee.","sortOrder":185},{"sectionNumber":"sec.143","sectionType":"section","heading":"Times of conduct of approved keno games","content":"### sec.143 Times of conduct of approved keno games\n\nA keno licensee must not conduct a keno game under the keno licence during a period prescribed under a regulation for this subsection.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA keno licensee does not commit an offence under subsection (1) if—\nthe keno licensee is a party to a keno pooling agreement; and\nduring a prescribed period the keno licensee—\nconducts a draw for a keno game for the purposes of the keno pooling agreement; but\ndoes not pay a prize to a person who entered the keno game before the prescribed period.\nAn appointed agent must not carry on operations for the conduct of a keno game by the principal keno licensee during a period prescribed under a regulation for this subsection.\nMaximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\ns 143 amd 2016 No. 56 s 7\n(sec.143-ssec.1) A keno licensee must not conduct a keno game under the keno licence during a period prescribed under a regulation for this subsection. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.143-ssec.1A) A keno licensee does not commit an offence under subsection (1) if— the keno licensee is a party to a keno pooling agreement; and during a prescribed period the keno licensee— conducts a draw for a keno game for the purposes of the keno pooling agreement; but does not pay a prize to a person who entered the keno game before the prescribed period.\n(sec.143-ssec.2) An appointed agent must not carry on operations for the conduct of a keno game by the principal keno licensee during a period prescribed under a regulation for this subsection. Maximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\n- (a) the keno licensee is a party to a keno pooling agreement; and\n- (b) during a prescribed period the keno licensee— (i) conducts a draw for a keno game for the purposes of the keno pooling agreement; but (ii) does not pay a prize to a person who entered the keno game before the prescribed period.\n- (i) conducts a draw for a keno game for the purposes of the keno pooling agreement; but\n- (ii) does not pay a prize to a person who entered the keno game before the prescribed period.\n- (i) conducts a draw for a keno game for the purposes of the keno pooling agreement; but\n- (ii) does not pay a prize to a person who entered the keno game before the prescribed period.","sortOrder":186},{"sectionNumber":"sec.144","sectionType":"section","heading":"Claims for prizes","content":"### sec.144 Claims for prizes\n\nA claim for payment of a prize for an approved keno game must be made within 5 years after the day on which the game was conducted.","sortOrder":187},{"sectionNumber":"sec.145","sectionType":"section","heading":"Approval of regulated keno equipment","content":"### sec.145 Approval of regulated keno equipment\n\nA keno licensee may apply to the chief executive—\nfor an approval for regulated keno equipment proposed to be used in the conduct of keno games by the licensee under the keno licence; or\nfor approval to modify regulated keno equipment used in the conduct of keno games by the licensee under the keno licence.\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 keno licensee—\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 keno licensee 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 keno licensee, the State may recover the amount from the keno licensee 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 keno licensee 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 keno licensee written notice of the decision; or\nfor a decision to grant an approval with conditions—immediately give the keno licensee an information notice for the decision; or\nfor a decision to refuse to grant an approval—immediately give the keno licensee 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 keno gaming; 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 keno licensee for the approval an information notice for the decision; or\nfor a decision to vary a condition of an approval—give the keno licensee for the approval an information notice for the decision; or\nfor a decision to remove a condition of an approval—give the keno licensee for the approval written notice of the decision.\ns 145 amd 1999 No. 77 s 188 ; 2022 No. 23 s 82\n(sec.145-ssec.1) A keno licensee may apply to the chief executive— for an approval for regulated keno equipment proposed to be used in the conduct of keno games by the licensee under the keno licence; or for approval to modify regulated keno equipment used in the conduct of keno games by the licensee under the keno licence.\n(sec.145-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 keno licensee— 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.145-ssec.3) If the chief executive carries out an evaluation of the equipment— the keno licensee 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 keno licensee, the State may recover the amount from the keno licensee as a debt.\n(sec.145-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.145-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 keno licensee fails to comply with a direction of the chief executive under subsection (2) (b) .\n(sec.145-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 keno licensee written notice of the decision; or for a decision to grant an approval with conditions—immediately give the keno licensee an information notice for the decision; or for a decision to refuse to grant an approval—immediately give the keno licensee an information notice for the decision.\n(sec.145-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 keno gaming; or otherwise in the public interest.\n(sec.145-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.145-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 keno licensee for the approval an information notice for the decision; or for a decision to vary a condition of an approval—give the keno licensee for the approval an information notice for the decision; or for a decision to remove a condition of an approval—give the keno licensee for the approval written notice of the decision.\n- (a) for an approval for regulated keno equipment proposed to be used in the conduct of keno games by the licensee under the keno licence; or\n- (b) for approval to modify regulated keno equipment used in the conduct of keno games by the licensee under the keno licence.\n- (a) carry out the evaluation; or\n- (b) direct the keno licensee— (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 keno licensee 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 keno licensee, the State may recover the amount from the keno licensee 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 keno licensee 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 keno licensee written notice of the decision; or\n- (b) for a decision to grant an approval with conditions—immediately give the keno licensee an information notice for the decision; or\n- (c) for a decision to refuse to grant an approval—immediately give the keno licensee an information notice for the decision.\n- (a) necessary or appropriate for the proper conduct of keno gaming; or\n- (b) otherwise in the public interest.\n- (a) impose conditions on the approval, whether or not the approval is already subject to conditions; or\n- (b) vary a condition of the approval; or\n- (c) remove a condition of the approval.\n- (a) for a decision to impose a condition on an approval—give the keno licensee for the approval an information notice for the decision; or\n- (b) for a decision to vary a condition of an approval—give the keno licensee for the approval an information notice for the decision; or\n- (c) for a decision to remove a condition of an approval—give the keno licensee for the approval written notice of the decision.","sortOrder":188},{"sectionNumber":"sec.146","sectionType":"section","heading":"Use of regulated keno equipment","content":"### sec.146 Use of regulated keno equipment\n\nA keno licensee must not use any regulated keno equipment in conducting a keno game under the keno licence unless the equipment is approved keno equipment.\nMaximum penalty—200 penalty units.\nAn appointed agent must not use any regulated keno equipment for the conduct of a keno game by the principal keno licensee unless the equipment is approved keno equipment.\nMaximum penalty—200 penalty units.\nA keno licensee or appointed agent must not modify approved keno equipment unless the modification is approved by the chief executive in writing.\nMaximum penalty—200 penalty units.\nA keno licensee or appointed agent must not use approved keno equipment in conducting a keno game unless the use is consistent with the approval for the equipment or a modification of the equipment under section 145 , including any conditions of the approval.\nMaximum penalty—200 penalty units.\nIn this section—\napproved keno equipment means regulated keno equipment approved by the chief executive under section 145 or the Casino Control Act 1982 , section 62 .\ns 146 amd 2004 No. 21 s 78 ; 2022 No. 23 s 83\n(sec.146-ssec.1) A keno licensee must not use any regulated keno equipment in conducting a keno game under the keno licence unless the equipment is approved keno equipment. Maximum penalty—200 penalty units.\n(sec.146-ssec.2) An appointed agent must not use any regulated keno equipment for the conduct of a keno game by the principal keno licensee unless the equipment is approved keno equipment. Maximum penalty—200 penalty units.\n(sec.146-ssec.3) A keno licensee or appointed agent must not modify approved keno equipment unless the modification is approved by the chief executive in writing. Maximum penalty—200 penalty units.\n(sec.146-ssec.4) A keno licensee or appointed agent must not use approved keno equipment in conducting a keno game unless the use is consistent with the approval for the equipment or a modification of the equipment under section 145 , including any conditions of the approval. Maximum penalty—200 penalty units.\n(sec.146-ssec.5) In this section— approved keno equipment means regulated keno equipment approved by the chief executive under section 145 or the Casino Control Act 1982 , section 62 .","sortOrder":189},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Approved evaluators","content":"### sec.146A Approved evaluators\n\nThe Governor in Council may, under a regulation, declare an entity to be an approved evaluator for evaluating regulated keno equipment.\ns 146A ins 1999 No. 77 s 189","sortOrder":190},{"sectionNumber":"sec.147","sectionType":"section","heading":"Player accounts","content":"### sec.147 Player accounts\n\nA keno licensee may establish a player account for a person for use by the person in playing keno games conducted by the licensee under the keno licence.\nThe person may deposit amounts into the player account in advance of playing a keno game using any 1, or a combination, of the following payment methods—\ncash;\na cheque;\na payment method approved by the chief executive.\nThe keno licensee may, up to the value of the amount for the time being standing to the person’s credit in the player account, do any 1, or a combination, of the following things—\nissue keno tickets to the person for keno games conducted by the licensee under the keno licence;\npay cash to the person;\npay the person using another payment method approved by the chief executive.\nIn working out the amount for the time being standing to a person’s credit in a player account, the amount of a cheque deposited in the account must not be taken into account until it has been cleared.\ns 147 amd 2009 No. 41 s 58 ; 2022 No. 23 s 84\n(sec.147-ssec.1) A keno licensee may establish a player account for a person for use by the person in playing keno games conducted by the licensee under the keno licence.\n(sec.147-ssec.2) The person may deposit amounts into the player account in advance of playing a keno game using any 1, or a combination, of the following payment methods— cash; a cheque; a payment method approved by the chief executive.\n(sec.147-ssec.3) The keno licensee may, up to the value of the amount for the time being standing to the person’s credit in the player account, do any 1, or a combination, of the following things— issue keno tickets to the person for keno games conducted by the licensee under the keno licence; pay cash to the person; pay the person using another payment method approved by the chief executive.\n(sec.147-ssec.4) In working out the amount for the time being standing to a person’s credit in a player account, the amount of a cheque deposited in the account must not be taken into account until it has been cleared.\n- (a) cash;\n- (b) a cheque;\n- (c) a payment method approved by the chief executive.\n- (a) issue keno tickets to the person for keno games conducted by the licensee under the keno licence;\n- (b) pay cash to the person;\n- (c) pay the person using another payment method approved by the chief executive.","sortOrder":191},{"sectionNumber":"sec.148","sectionType":"section","heading":"Extending credit","content":"### sec.148 Extending credit\n\nAn authorised keno operator must not make a loan or extend credit in any form to any person, including the operator, to enable the person or another person to take part in an approved keno game.\nMaximum penalty—200 penalty units.\nAn employee of an authorised keno operator must not, in the course of the employee’s employment, make a loan or extend credit in any form to any person, including the employee, to enable the person or another person to take part in an approved keno game.\nMaximum penalty—200 penalty units.\nIf a cash advance is made to a person in circumstances where an authorised keno operator or an employee of an authorised keno operator knows, or ought reasonably to know, that the person intends to use the cash advance to enable the person or another person to take part in an approved keno game, the operator or employee must not represent that the cash advance was made for some other purpose.\nMaximum penalty—200 penalty units.\nAn authorised keno operator must refuse to pay a prize for an approved keno game if the operator reasonably believes that the prize was obtained because of a contravention of subsection (1) , (2) or (2A) .\nIn this section—\nemployee , of an authorised keno operator, means a person employed or engaged by the operator (whether or not for fee or reward) in functions relating to the conduct of keno gaming.\ns 148 amd 1999 No. 8 s 130 ; 2000 No. 51 s 91 ; 2002 No. 43 s 111 sch 1\n(sec.148-ssec.1) An authorised keno operator must not make a loan or extend credit in any form to any person, including the operator, to enable the person or another person to take part in an approved keno game. Maximum penalty—200 penalty units.\n(sec.148-ssec.2) An employee of an authorised keno operator must not, in the course of the employee’s employment, make a loan or extend credit in any form to any person, including the employee, to enable the person or another person to take part in an approved keno game. Maximum penalty—200 penalty units.\n(sec.148-ssec.2A) If a cash advance is made to a person in circumstances where an authorised keno operator or an employee of an authorised keno operator knows, or ought reasonably to know, that the person intends to use the cash advance to enable the person or another person to take part in an approved keno game, the operator or employee must not represent that the cash advance was made for some other purpose. Maximum penalty—200 penalty units.\n(sec.148-ssec.3) An authorised keno operator must refuse to pay a prize for an approved keno game if the operator reasonably believes that the prize was obtained because of a contravention of subsection (1) , (2) or (2A) .\n(sec.148-ssec.4) In this section— employee , of an authorised keno operator, means a person employed or engaged by the operator (whether or not for fee or reward) in functions relating to the conduct of keno gaming.","sortOrder":192},{"sectionNumber":"sec.149","sectionType":"section","heading":"Keno advertising","content":"### sec.149 Keno advertising\n\nA person who advertises the conduct of approved keno games 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":193},{"sectionNumber":"sec.150","sectionType":"section","heading":"Directions about keno advertising","content":"### sec.150 Directions about keno advertising\n\nIf the chief executive reasonably believes an advertisement about the conduct of approved keno games does not comply with section 149 , 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 the direction is a direction to change the advertisement—state how the advertisement is required 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) —20 penalty units.\n(sec.150-ssec.1) If the chief executive reasonably believes an advertisement about the conduct of approved keno games does not comply with section 149 , 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.150-ssec.2) The direction must— be in writing; and state the grounds for the direction; and if the direction is a direction to change the advertisement—state how the advertisement is required to be changed.\n(sec.150-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) —20 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 the direction is a direction to change the advertisement—state how the advertisement is required to be changed.","sortOrder":194},{"sectionNumber":"sec.151","sectionType":"section","heading":"Inquiries about complaints","content":"### sec.151 Inquiries about complaints\n\nA keno licensee must inquire into—\na complaint made to the licensee by a person about—\nthe conduct of a keno game by the licensee under the keno licence; or\nif the licensee is the principal keno licensee for an appointed agent—the carrying on of the appointed agent’s operations relating to the conduct of a keno game by the licensee; or\na complaint referred to the licensee by the chief executive under subsection (3) .\nWithin 21 days after the complaint is received by, or referred to, the keno licensee, the licensee must give written notice of the result of the inquiry to—\nthe complainant; and\nif the complaint was referred to the licensee by the chief executive—the chief executive.\nIf a complaint is made to the chief executive by a person about the conduct of an approved keno game, or the conduct of an appointed agent’s operations relating to an approved keno game, the chief executive must promptly—\ninquire into the complaint; or\nif the chief executive believes the complaint has not previously been referred to the keno licensee who conducted the keno game and that it is appropriate to refer the complaint to the licensee—refer the complaint to the keno licensee.\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 keno licensee.\nA complaint must—\nbe in writing; and\nstate the complainant’s name and address; and\ngive appropriate details of the complaint.\n(sec.151-ssec.1) A keno licensee must inquire into— a complaint made to the licensee by a person about— the conduct of a keno game by the licensee under the keno licence; or if the licensee is the principal keno licensee for an appointed agent—the carrying on of the appointed agent’s operations relating to the conduct of a keno game by the licensee; or a complaint referred to the licensee by the chief executive under subsection (3) .\n(sec.151-ssec.2) Within 21 days after the complaint is received by, or referred to, the keno licensee, the licensee must give written notice of the result of the inquiry to— the complainant; and if the complaint was referred to the licensee by the chief executive—the chief executive.\n(sec.151-ssec.3) If a complaint is made to the chief executive by a person about the conduct of an approved keno game, or the conduct of an appointed agent’s operations relating to an approved keno game, the chief executive must promptly— inquire into the complaint; or if the chief executive believes the complaint has not previously been referred to the keno licensee who conducted the keno game and that it is appropriate to refer the complaint to the licensee—refer the complaint to the keno licensee.\n(sec.151-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 keno licensee.\n(sec.151-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 licensee by a person about— (i) the conduct of a keno game by the licensee under the keno licence; or (ii) if the licensee is the principal keno licensee for an appointed agent—the carrying on of the appointed agent’s operations relating to the conduct of a keno game by the licensee; or\n- (i) the conduct of a keno game by the licensee under the keno licence; or\n- (ii) if the licensee is the principal keno licensee for an appointed agent—the carrying on of the appointed agent’s operations relating to the conduct of a keno game by the licensee; or\n- (b) a complaint referred to the licensee by the chief executive under subsection (3) .\n- (i) the conduct of a keno game by the licensee under the keno licence; or\n- (ii) if the licensee is the principal keno licensee for an appointed agent—the carrying on of the appointed agent’s operations relating to the conduct of a keno game by the licensee; or\n- (a) the complainant; and\n- (b) if the complaint was referred to the licensee by the chief executive—the chief executive.\n- (a) inquire into the complaint; or\n- (b) if the chief executive believes the complaint has not previously been referred to the keno licensee who conducted the keno game and that it is appropriate to refer the complaint to the licensee—refer the complaint to the keno licensee.\n- (a) the result of the chief executive’s inquiry; or\n- (b) the chief executive’s decision to refer the complaint to the keno licensee.\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":195},{"sectionNumber":"sec.152","sectionType":"section","heading":"Claims for payment","content":"### sec.152 Claims for payment\n\nIf a claim for payment of a prize for an approved keno game is made to an authorised keno operator, the operator must immediately try to resolve the claim.\nIf the authorised keno operator reasonably believes the prize was obtained because of a contravention of section 148 (1) or (2) , the operator must resolve the claim by refusing to pay the prize.\nIf the authorised keno operator resolves the claim in the way mentioned in subsection (2) , or is not able to resolve the claim, the operator must immediately give the claimant a written notice (a claim result notice ) stating—\nthe decision; and\nthat the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\nIf the claim is resolved in the way mentioned in subsection (2) , or is not resolved, the claimant may ask the chief executive—\nif the claimant did not receive a claim result notice—to resolve the claim; or\nif the claimant received a claim result notice—to review the decision of the authorised keno operator.\nA request to the chief executive under subsection (4) —\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.\nThe chief executive must deal with a request under subsection (4) in the way prescribed under a regulation.\ns 152 sub 1999 No. 8 s 131\n(sec.152-ssec.1) If a claim for payment of a prize for an approved keno game is made to an authorised keno operator, the operator must immediately try to resolve the claim.\n(sec.152-ssec.2) If the authorised keno operator reasonably believes the prize was obtained because of a contravention of section 148 (1) or (2) , the operator must resolve the claim by refusing to pay the prize.\n(sec.152-ssec.3) If the authorised keno operator resolves the claim in the way mentioned in subsection (2) , or is not able to resolve the claim, the operator must immediately give the claimant a written notice (a claim result notice ) stating— the decision; and that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\n(sec.152-ssec.4) If the claim is resolved in the way mentioned in subsection (2) , or is not resolved, the claimant may ask the chief executive— if the claimant did not receive a claim result notice—to resolve the claim; or if the claimant received a claim result notice—to review the decision of the authorised keno operator.\n(sec.152-ssec.5) A request to the chief executive under subsection (4) — 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.152-ssec.6) The chief executive must deal with a request under subsection (4) in the way prescribed under a regulation.\n- (a) the decision; and\n- (b) that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.\n- (a) if the claimant did not receive a claim result notice—to resolve the claim; or\n- (b) if the claimant received a claim result notice—to review the decision of the authorised keno operator.\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.","sortOrder":196},{"sectionNumber":"sec.153","sectionType":"section","heading":"Harm minimisation measures","content":"### sec.153 Harm minimisation measures\n\nA regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from keno 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 keno 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 keno 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 keno licensees that must implement a harm minimisation measure.\nA keno licensee prescribed under subsection (3) must implement the harm minimisation measure as prescribed.\nMaximum penalty for subsection (4) —200 penalty units.\ns 153 prev s 153 om 2004 No. 21 s 79\npres s 153 ins 2022 No. 23 s 85\n(sec.153-ssec.1) A regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from keno 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 keno gambling; enabling a person to access a service that provides help with gambling problems.\n(sec.153-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 keno 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.153-ssec.3) A regulation made under subsection (1) may also prescribe the keno licensees that must implement a harm minimisation measure.\n(sec.153-ssec.4) A keno licensee prescribed under subsection (3) must implement the harm minimisation measure as prescribed. Maximum penalty for subsection (4) —200 penalty units.\n- (a) delaying the start of a process in particular circumstances;\n- (b) interrupting a process in particular circumstances;\n- (c) using particular technology or software;\n- (d) providing particular information to the chief executive or persons participating in keno 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 keno gambling; and (ii) is consistent with the objects of this Act; or\n- (i) is necessary and appropriate to minimise potential harm from keno 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 keno gambling; and\n- (ii) is consistent with the objects of this Act; or","sortOrder":197},{"sectionNumber":"sec.154","sectionType":"section","heading":"Reporting improper behaviour","content":"### sec.154 Reporting improper behaviour\n\nThis section applies if a keno licensee becomes aware, or reasonably suspects, that—\na person, by a dishonest act, has obtained a benefit for the person or another person in relation to a keno game conducted by the licensee under the keno licence; or\na keno agent, or an employee of a keno agent, of the licensee has contravened a provision of this Act.\nThis section also applies if an appointed agent becomes aware, or reasonably suspects, that—\na person, by a dishonest act, has obtained a benefit for the person or another person in relation to a keno game conducted by the principal keno licensee; or\nif the appointed agent is a keno agent—a keno subagent, or an employee of a keno subagent, of the agent has contravened a provision of this Act.\nWithin 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the keno licensee or appointed agent must give the chief executive a written notice advising the chief executive of all facts known to the licensee 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.154-ssec.1) This section applies if a keno licensee becomes aware, or reasonably suspects, that— a person, by a dishonest act, has obtained a benefit for the person or another person in relation to a keno game conducted by the licensee under the keno licence; or a keno agent, or an employee of a keno agent, of the licensee has contravened a provision of this Act.\n(sec.154-ssec.2) This section also applies if an appointed agent becomes aware, or reasonably suspects, that— a person, by a dishonest act, has obtained a benefit for the person or another person in relation to a keno game conducted by the principal keno licensee; or if the appointed agent is a keno agent—a keno subagent, or an employee of a keno subagent, of the agent has contravened a provision of this Act.\n(sec.154-ssec.3) Within 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the keno licensee or appointed agent must give the chief executive a written notice advising the chief executive of all facts known to the licensee or agent about the matter. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.154-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.154-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 act, has obtained a benefit for the person or another person in relation to a keno game conducted by the licensee under the keno licence; or\n- (b) a keno agent, or an employee of a keno agent, of the licensee has contravened a provision of this Act.\n- (a) a person, by a dishonest act, has obtained a benefit for the person or another person in relation to a keno game conducted by the principal keno licensee; or\n- (b) if the appointed agent is a keno agent—a keno subagent, or an employee of a keno subagent, of the agent has contravened a provision of this Act.\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":198},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Excluding persons from approved places of operation or taking part in keno gaming","content":"## Excluding persons from approved places of operation or taking part in keno gaming","sortOrder":199},{"sectionNumber":"sec.154A","sectionType":"section","heading":"Self-exclusion notice","content":"### sec.154A Self-exclusion notice\n\nA person may give to an appointed agent a notice in the approved form (a self-exclusion notice ) asking the agent to prohibit the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation.\nThe person must, if asked by the appointed agent, give the agent a recent photo of the person together with the notice.\nIf an appointed agent has more than 1 approved place of operation, a self-exclusion notice may relate to a stated approved place of operation, or all approved places of operation, of the agent.\ns 154A ins 2004 No. 21 s 80\n(sec.154A-ssec.1) A person may give to an appointed agent a notice in the approved form (a self-exclusion notice ) asking the agent to prohibit the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation.\n(sec.154A-ssec.2) The person must, if asked by the appointed agent, give the agent a recent photo of the person together with the notice.\n(sec.154A-ssec.3) If an appointed agent has more than 1 approved place of operation, a self-exclusion notice may relate to a stated approved place of operation, or all approved places of operation, of the agent.","sortOrder":200},{"sectionNumber":"sec.154B","sectionType":"section","heading":"Self-exclusion order","content":"### sec.154B Self-exclusion order\n\nIf a person gives an appointed agent a self-exclusion notice under section 154A , the agent must as soon as practicable give to the person—\na notice in the approved form (a self-exclusion order ) prohibiting the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation; and\ndetails, including the name and address, of at least 1 entity that provides counselling services for persons experiencing harm from gambling.\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 154C (3) ;\nthe day that is 5 years after the day the order is given to the person.\ns 154B ins 2004 No. 21 s 80 (amd 2005 No. 12 s 29 (1) )\namd 2024 No. 10 s 112\n(sec.154B-ssec.1) If a person gives an appointed agent a self-exclusion notice under section 154A , the agent must as soon as practicable give to the person— a notice in the approved form (a self-exclusion order ) prohibiting the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation; and details, including the name and address, of at least 1 entity that provides counselling services for persons experiencing harm from gambling. Maximum penalty—50 penalty units.\n(sec.154B-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 154C (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 taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation; and\n- (b) details, including the name and address, of at least 1 entity that provides counselling services for persons experiencing harm from gambling.\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 154C (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 154C (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 154C (3) ;\n- (ii) the day that is 5 years after the day the order is given to the person.","sortOrder":201},{"sectionNumber":"sec.154C","sectionType":"section","heading":"Revoking self-exclusion order","content":"### sec.154C 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 appointed agent 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 appointed agent under subsection (2) (a) —when it is given to the agent; or\notherwise—28 days after the day it is given to the agent.\ns 154C ins 2004 No. 21 s 80 (amd 2005 No. 12 s 29 (1) )\n(sec.154C-ssec.1) A person who is given a self-exclusion order may, by notice in the approved form (a revocation notice ) given to the appointed agent who gave the order, revoke the order.\n(sec.154C-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.154C-ssec.3) A revocation notice takes effect— if the notice is given to the appointed agent under subsection (2) (a) —when it is given to the agent; or otherwise—28 days after the day it is given to the agent.\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 appointed agent under subsection (2) (a) —when it is given to the agent; or\n- (b) otherwise—28 days after the day it is given to the agent.","sortOrder":202},{"sectionNumber":"sec.154D","sectionType":"section","heading":"Exclusion direction","content":"### sec.154D Exclusion direction\n\nAn appointed agent may give a person a notice in the approved form (an exclusion direction ) prohibiting the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation if the agent believes on reasonable grounds the person is experiencing, or at risk of experiencing, harm from gambling.\nSee section 154GA .\nIf an appointed agent has more than 1 approved place of operation, an exclusion direction may relate to a stated approved place of operation, or all approved places of operation, of the agent.\nIf an appointed agent decides to give a person an exclusion direction, the direction must be accompanied by an information notice about the decision.\ns 154D ins 2004 No. 21 s 80 (amd 2005 No. 12 s 29 (2) )\namd 2024 No. 10 s 113\n(sec.154D-ssec.1) An appointed agent may give a person a notice in the approved form (an exclusion direction ) prohibiting the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation if the agent believes on reasonable grounds the person is experiencing, or at risk of experiencing, harm from gambling. See section 154GA .\n(sec.154D-ssec.2) If an appointed agent has more than 1 approved place of operation, an exclusion direction may relate to a stated approved place of operation, or all approved places of operation, of the agent.\n(sec.154D-ssec.3) If an appointed agent decides to give a person an exclusion direction, the direction must be accompanied by an information notice about the decision.","sortOrder":203},{"sectionNumber":"sec.154E","sectionType":"section","heading":"Duration of exclusion direction","content":"### sec.154E 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 154G (6) —when the notice takes effect;\nif a decision, under section 154G , 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 154E ins 2004 No. 21 s 80\namd 2009 No. 24 s 606\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 154G (6) —when the notice takes effect; (iii) if a decision, under section 154G , 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 154G (6) —when the notice takes effect;\n- (iii) if a decision, under section 154G , 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 154G (6) —when the notice takes effect;\n- (iii) if a decision, under section 154G , 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":204},{"sectionNumber":"sec.154F","sectionType":"section","heading":"Application to revoke exclusion direction","content":"### sec.154F Application to revoke exclusion direction\n\nThis section applies if a person is prohibited from taking part in keno gaming at, or entering or remaining in, an appointed agent’s approved place of operation under an exclusion direction.\nThe person may apply to the appointed agent for the approved place of operation to which the direction relates 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 appointed agent 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 154F ins 2004 No. 21 s 80\n(sec.154F-ssec.1) This section applies if a person is prohibited from taking part in keno gaming at, or entering or remaining in, an appointed agent’s approved place of operation under an exclusion direction.\n(sec.154F-ssec.2) The person may apply to the appointed agent for the approved place of operation to which the direction relates for revocation of the direction.\n(sec.154F-ssec.3) The application may only be made at least 1 year after the day the person is given the direction.\n(sec.154F-ssec.4) The application must be— in the approved form; and supported by enough information to enable the appointed agent to decide the application.\n(sec.154F-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 appointed agent to decide the application.","sortOrder":205},{"sectionNumber":"sec.154G","sectionType":"section","heading":"Deciding application to revoke exclusion direction","content":"### sec.154G Deciding application to revoke exclusion direction\n\nThis section applies to an application under section 154F for revocation of an exclusion direction.\nThe appointed agent must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.\nIf the appointed agent fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the agent to refuse to revoke the direction.\nIn considering the application, the appointed agent may have regard to the information supporting the application and any other information the agent considers relevant, including, for example, a report of a psychologist.\nIf the appointed agent decides to revoke the direction, the agent 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 appointed agent decides to refuse to revoke the direction, the agent must as soon as practicable give the applicant an information notice about the decision.\ns 154G ins 2004 No. 21 s 80 (amd 2005 No. 12 s 29 (3) )\n(sec.154G-ssec.1) This section applies to an application under section 154F for revocation of an exclusion direction.\n(sec.154G-ssec.2) The appointed agent must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.\n(sec.154G-ssec.3) If the appointed agent fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the agent to refuse to revoke the direction.\n(sec.154G-ssec.4) In considering the application, the appointed agent may have regard to the information supporting the application and any other information the agent considers relevant, including, for example, a report of a psychologist.\n(sec.154G-ssec.5) If the appointed agent decides to revoke the direction, the agent must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice ).\n(sec.154G-ssec.6) A revocation notice takes effect when it is given to the applicant.\n(sec.154G-ssec.7) If the appointed agent decides to refuse to revoke the direction, the agent must as soon as practicable give the applicant an information notice about the decision.","sortOrder":206},{"sectionNumber":"sec.154GA","sectionType":"section","heading":"Who is a person experiencing harm from gambling","content":"### sec.154GA Who is a person experiencing harm from gambling\n\nA reference in this division to a person experiencing harm from gambling is a reference to a person whose behaviour relating to gambling—\nis characterised by difficulties in limiting the amount of money or time the person spends on gambling; and\nis adversely affecting the person, other persons or the community.\ns 154GA ins 2024 No. 10 s 114\n- (a) is characterised by difficulties in limiting the amount of money or time the person spends on gambling; and\n- (b) is adversely affecting the person, other persons or the community.","sortOrder":207},{"sectionNumber":"sec.154H","sectionType":"section","heading":"Particular persons not to take part in keno gaming etc.","content":"### sec.154H Particular persons not to take part in keno gaming etc.\n\nThis section applies to a person who is prohibited from taking part in keno gaming at, or entering or remaining in, an appointed agent’s approved place of operation under a self-exclusion order or an exclusion direction.\nThe person must not take part in keno gaming at, or enter or remain in, the appointed agent’s approved place of operation.\nMaximum penalty—40 penalty units.\ns 154H ins 2004 No. 21 s 80\n(sec.154H-ssec.1) This section applies to a person who is prohibited from taking part in keno gaming at, or entering or remaining in, an appointed agent’s approved place of operation under a self-exclusion order or an exclusion direction.\n(sec.154H-ssec.2) The person must not take part in keno gaming at, or enter or remain in, the appointed agent’s approved place of operation. Maximum penalty—40 penalty units.","sortOrder":208},{"sectionNumber":"sec.154I","sectionType":"section","heading":"Counselling","content":"### sec.154I 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 154H (2) .\nThe court may, if satisfied the defendant is experiencing, or at risk of experiencing, harm from gambling, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.\nSee section 154GA .\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 experiencing, or at risk of experiencing, harm from gambling 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.\nSee section 154GA .\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 154I ins 2004 No. 21 s 80\namd 2024 No. 10 s 115\n(sec.154I-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 154H (2) .\n(sec.154I-ssec.2) The court may, if satisfied the defendant is experiencing, or at risk of experiencing, harm from gambling, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court. See section 154GA .\n(sec.154I-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.154I-ssec.4) To decide whether the defendant is experiencing, or at risk of experiencing, harm from gambling 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. See section 154GA .\n(sec.154I-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.154I-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":209},{"sectionNumber":"sec.154J","sectionType":"section","heading":"Obligation to prevent persons from taking part in keno gaming etc.","content":"### sec.154J Obligation to prevent persons from taking part in keno gaming etc.\n\nThis section applies to an appointed agent or an employee of the agent if the agent or employee knows that a person is prohibited from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction.\nThe appointed agent or employee must take reasonable steps to prevent the person from taking part in keno gaming at, or entering or remaining in, the approved place of operation.\nMaximum penalty—\nfor an appointed agent—250 penalty units; or\nfor another person—40 penalty units.\nIt is lawful for the appointed agent or employee to use necessary and reasonable force to prevent the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation.\nThe force that may be used does not include force that is likely to cause bodily harm to the person.\nSubsection (2) must not be construed as requiring an appointed agent or an employee to use reasonable force to prevent a person from taking part in keno gaming at, or entering or remaining in, the approved place of operation.\nIn this section—\nbodily harm means any bodily injury that interferes with health or comfort.\ns 154J ins 2004 No. 21 s 80\n(sec.154J-ssec.1) This section applies to an appointed agent or an employee of the agent if the agent or employee knows that a person is prohibited from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction.\n(sec.154J-ssec.2) The appointed agent or employee must take reasonable steps to prevent the person from taking part in keno gaming at, or entering or remaining in, the approved place of operation. Maximum penalty— for an appointed agent—250 penalty units; or for another person—40 penalty units.\n(sec.154J-ssec.3) It is lawful for the appointed agent or employee to use necessary and reasonable force to prevent the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation.\n(sec.154J-ssec.4) The force that may be used does not include force that is likely to cause bodily harm to the person.\n(sec.154J-ssec.5) Subsection (2) must not be construed as requiring an appointed agent or an employee to use reasonable force to prevent a person from taking part in keno gaming at, or entering or remaining in, the approved place of operation.\n(sec.154J-ssec.6) In this section— bodily harm means any bodily injury that interferes with health or comfort.\n- (a) for an appointed agent—250 penalty units; or\n- (b) for another person—40 penalty units.","sortOrder":210},{"sectionNumber":"sec.154K","sectionType":"section","heading":"Register","content":"### sec.154K Register\n\nAn appointed agent must keep a register, in the approved form, of persons who are prohibited from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction.\nMaximum penalty—40 penalty units.\nThe appointed agent must keep the register available for inspection by an inspector.\ns 154K ins 2004 No. 21 s 80\n(sec.154K-ssec.1) An appointed agent must keep a register, in the approved form, of persons who are prohibited from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction. Maximum penalty—40 penalty units.\n(sec.154K-ssec.2) The appointed agent must keep the register available for inspection by an inspector.","sortOrder":211},{"sectionNumber":"sec.154L","sectionType":"section","heading":"Report about prohibition under order or direction","content":"### sec.154L Report about prohibition under order or direction\n\nA regulation may require an appointed agent to give the chief executive a report about the prohibition of persons from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation 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 appointed agent must comply with the regulation.\nMaximum penalty—40 penalty units.\ns 154L ins 2004 No. 21 s 80 (amd 2005 No. 12 s 29 (4) )\n(sec.154L-ssec.1) A regulation may require an appointed agent to give the chief executive a report about the prohibition of persons from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction.\n(sec.154L-ssec.2) The report must be in the approved form.\n(sec.154L-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.154L-ssec.4) The appointed agent must comply with the regulation. Maximum penalty—40 penalty units.","sortOrder":212},{"sectionNumber":"sec.154M","sectionType":"section","heading":"Distributing promotional or advertising material about approved place of operation","content":"### sec.154M Distributing promotional or advertising material about approved place of operation\n\nAn appointed agent must not distribute promotional or advertising material about the agent’s approved place of operation to persons who the agent knows or ought reasonably to know are prohibited from taking part in keno gaming at, or entering or remaining in, the approved place of operation under a self-exclusion order or exclusion direction.\nMaximum penalty—40 penalty units.\ns 154M ins 2009 No. 41 s 59","sortOrder":213},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Keno gaming offences","content":"## Keno gaming offences","sortOrder":214},{"sectionNumber":"sec.155","sectionType":"section","heading":"Cheating","content":"### sec.155 Cheating\n\nA person must not, in relation to an approved keno game, dishonestly obtain a benefit by—\nan act, practice or scheme; or\nthe use of a thing of a type used, or appearing to be of a type used, in the conduct of keno games; or\nthe use of another 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.155-ssec.1) A person must not, in relation to an approved keno game, dishonestly obtain a benefit by— an act, practice or scheme; or the use of a thing of a type used, or appearing to be of a type used, in the conduct of keno games; or the use of another thing. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.155-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 of a type used, or appearing to be of a type used, in the conduct of keno games; or\n- (c) the use of another thing.","sortOrder":215},{"sectionNumber":"sec.156","sectionType":"section","heading":"Forgery and deception","content":"### sec.156 Forgery and deception\n\nA person must not—\nforge an official keno document; or\nknowingly utter a forged official keno 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 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.156-ssec.1) A person must not— forge an official keno document; or knowingly utter a forged official keno document. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.156-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.156-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 it is genuine, be induced to do, or refrain from doing, something.\n(sec.156-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.156-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 keno document; or\n- (b) knowingly utter a forged official keno 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 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":216},{"sectionNumber":"sec.157","sectionType":"section","heading":"Impersonating licensed keno employees or officials","content":"### sec.157 Impersonating licensed keno employees or officials\n\nA person must not pretend to be a licensed keno employee or keno 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.157-ssec.1) A person must not pretend to be a licensed keno employee or keno official. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.157-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":217},{"sectionNumber":"sec.158","sectionType":"section","heading":"Bribery","content":"### sec.158 Bribery\n\nA keno 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 keno official or another person for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA keno 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.158-ssec.1) A keno 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.158-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 keno official or another person for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.158-ssec.3) A keno 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":218},{"sectionNumber":"sec.159","sectionType":"section","heading":"Keno gaming by licensed keno or casino employees","content":"### sec.159 Keno gaming by licensed keno or casino employees\n\nA licensed keno employee must not, while carrying out functions relating to the conduct of approved keno games, take part in keno gaming.\nMaximum penalty—40 penalty units.\nA licensed casino employee directly involved in the draw for, or the recording of the results of, an approved keno game in a casino must not take part in the game.\nMaximum penalty—40 penalty units.\nA person is not eligible to win a prize for an approved keno game if the person is prohibited under subsection (1) or (2) from taking part in the game.\n(sec.159-ssec.1) A licensed keno employee must not, while carrying out functions relating to the conduct of approved keno games, take part in keno gaming. Maximum penalty—40 penalty units.\n(sec.159-ssec.2) A licensed casino employee directly involved in the draw for, or the recording of the results of, an approved keno game in a casino must not take part in the game. Maximum penalty—40 penalty units.\n(sec.159-ssec.3) A person is not eligible to win a prize for an approved keno game if the person is prohibited under subsection (1) or (2) from taking part in the game.","sortOrder":219},{"sectionNumber":"sec.159A","sectionType":"section","heading":"Keno gaming by appointed agent or agent’s employees","content":"### sec.159A Keno gaming by appointed agent or agent’s employees\n\nAn appointed agent or an employee of the agent must not take part in keno gaming at a place where the agent conducts keno gaming.\nMaximum penalty—40 penalty units.\nA person is not eligible to win a prize for an approved keno game if the person takes part in the game in contravention of subsection (1) .\nIn this section—\nemployee , of an appointed agent, means a person employed or engaged by the agent (whether or not for fee or reward) in functions relating to the conduct of keno gaming.\ns 159A ins 1999 No. 8 s 132\namd 2008 No. 2 s 72\n(sec.159A-ssec.1) An appointed agent or an employee of the agent must not take part in keno gaming at a place where the agent conducts keno gaming. Maximum penalty—40 penalty units.\n(sec.159A-ssec.2) A person is not eligible to win a prize for an approved keno game if the person takes part in the game in contravention of subsection (1) .\n(sec.159A-ssec.3) In this section— employee , of an appointed agent, means a person employed or engaged by the agent (whether or not for fee or reward) in functions relating to the conduct of keno gaming.","sortOrder":220},{"sectionNumber":"sec.160","sectionType":"section","heading":"Key officials","content":"### sec.160 Key officials\n\nThe chief executive may declare a keno official to be a key official.\nThe chief executive may direct a key official—\nnot to take part in keno gaming; or\nnot to take part in keno gaming except in stated circumstances or for stated purposes; or\nnot to have a financial relationship with an authorised keno operator.\nA declaration or direction—\nmust be made or given by written notice given to the keno official; and\nmay only be made or given if the chief executive considers it is appropriate to take the action in the public interest.\n(sec.160-ssec.1) The chief executive may declare a keno official to be a key official.\n(sec.160-ssec.2) The chief executive may direct a key official— not to take part in keno gaming; or not to take part in keno gaming except in stated circumstances or for stated purposes; or not to have a financial relationship with an authorised keno operator.\n(sec.160-ssec.3) A declaration or direction— must be made or given by written notice given to the keno official; and may only be made or given if the chief executive considers it is appropriate to take the action in the public interest.\n- (a) not to take part in keno gaming; or\n- (b) not to take part in keno gaming except in stated circumstances or for stated purposes; or\n- (c) not to have a financial relationship with an authorised keno operator.\n- (a) must be made or given by written notice given to the keno official; and\n- (b) may only be made or given if the chief executive considers it is appropriate to take the action in the public interest.","sortOrder":221},{"sectionNumber":"sec.161","sectionType":"section","heading":"Keno gaming by key officials","content":"### sec.161 Keno gaming by key officials\n\nA key official must not take part in keno gaming in contravention of a direction given to the official by the chief executive.\nMaximum penalty—40 penalty units.","sortOrder":222},{"sectionNumber":"sec.162","sectionType":"section","heading":"Relationship of key officials with authorised keno operators","content":"### sec.162 Relationship of key officials with authorised keno operators\n\nThis section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.\nA key official must not—\naccept or solicit employment from an authorised keno operator; or\nbe an employee in any capacity of an authorised keno operator; or\nknowingly have, directly or indirectly—\na business or financial association with an authorised keno operator; or\na business or financial interest in something together with an authorised keno operator.\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 keno operator; or\nbe an employee in any capacity of an authorised keno operator; or\nknowingly have, directly or indirectly—\na business or financial association with an authorised keno operator; or\na business or financial interest in something together with an authorised keno operator.\nMaximum penalty for subsection (3) —40 penalty units.\n(sec.162-ssec.1) This section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.\n(sec.162-ssec.2) A key official must not— accept or solicit employment from an authorised keno operator; or be an employee in any capacity of an authorised keno operator; or knowingly have, directly or indirectly— a business or financial association with an authorised keno operator; or a business or financial interest in something together with an authorised keno operator. Maximum penalty—40 penalty units.\n(sec.162-ssec.3) 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 keno operator; or be an employee in any capacity of an authorised keno operator; or knowingly have, directly or indirectly— a business or financial association with an authorised keno operator; or a business or financial interest in something together with an authorised keno operator. Maximum penalty for subsection (3) —40 penalty units.\n- (a) accept or solicit employment from an authorised keno operator; or\n- (b) be an employee in any capacity of an authorised keno operator; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with an authorised keno operator; or (ii) a business or financial interest in something together with an authorised keno operator.\n- (i) a business or financial association with an authorised keno operator; or\n- (ii) a business or financial interest in something together with an authorised keno operator.\n- (i) a business or financial association with an authorised keno operator; or\n- (ii) a business or financial interest in something together with an authorised keno operator.\n- (a) accept or solicit employment from an authorised keno operator; or\n- (b) be an employee in any capacity of an authorised keno operator; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with an authorised keno operator; or (ii) a business or financial interest in something together with an authorised keno operator.\n- (i) a business or financial association with an authorised keno operator; or\n- (ii) a business or financial interest in something together with an authorised keno operator.\n- (i) a business or financial association with an authorised keno operator; or\n- (ii) a business or financial interest in something together with an authorised keno operator.","sortOrder":223},{"sectionNumber":"sec.163","sectionType":"section","heading":"Relationship of key officials with prospective keno licensees","content":"### sec.163 Relationship of key officials with prospective keno licensees\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 keno licensee; or\na business or financial interest in something together with another person who is a prospective keno licensee.\nHowever, this section applies only if the key official has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.\nImmediately after the key official becomes aware that the other person is a prospective keno licensee, 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 is 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 keno licensee means a person who has entered into a keno agreement with the intention of becoming a keno licensee but to whom a keno licence has not yet been issued.\n(sec.163-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 keno licensee; or a business or financial interest in something together with another person who is a prospective keno licensee.\n(sec.163-ssec.2) However, this section applies only if the key official has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.\n(sec.163-ssec.3) Immediately after the key official becomes aware that the other person is a prospective keno licensee, the official must give written notice of the official’s association or interest to the chief executive. Maximum penalty—40 penalty units.\n(sec.163-ssec.4) 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.163-ssec.5) However, the chief executive may give the direction only if the chief executive considers it is appropriate to take the action in the public interest.\n(sec.163-ssec.6) 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.163-ssec.7) In this section— prospective keno licensee means a person who has entered into a keno agreement with the intention of becoming a keno licensee but to whom a keno licence has not yet been issued.\n- (a) a business or financial association with another person who is a prospective keno licensee; or\n- (b) a business or financial interest in something together with another person who is a prospective keno licensee.","sortOrder":224},{"sectionNumber":"sec.164","sectionType":"section","heading":"Relationship of authorised keno operators with key officials","content":"### sec.164 Relationship of authorised keno operators with key officials\n\nThis section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.\nAlso, this section applies only if the authorised keno operator knows, or ought reasonably to know, that the key official is a key official to whom this section applies.\nThe authorised keno operator must not—\nemploy in any capacity, or have as an employee, the key official; or\nknowingly have, directly or indirectly—\na business or financial association with the key official; or\na business or financial interest in something together with the key official.\nMaximum penalty—40 penalty units.\nThe authorised keno operator must not, for 1 year after the person ceases to be a key official, without the chief executive’s approval—\nemploy the person in any capacity; or\nhave the person as an employee; or\nknowingly have, directly or indirectly—\na business or financial association with the person; or\na business or financial interest in something together with the person.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.164-ssec.1) This section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.\n(sec.164-ssec.2) Also, this section applies only if the authorised keno operator knows, or ought reasonably to know, that the key official is a key official to whom this section applies.\n(sec.164-ssec.3) The authorised keno operator must not— employ in any capacity, or have as an employee, the key official; or knowingly have, directly or indirectly— a business or financial association with the key official; or a business or financial interest in something together with the key official. Maximum penalty—40 penalty units.\n(sec.164-ssec.4) The authorised keno operator must not, for 1 year after the person ceases to be a key official, without the chief executive’s approval— employ the person in any capacity; or have the person as an employee; or knowingly have, directly or indirectly— a business or financial association with the person; or a business or financial interest in something together with the person. Maximum penalty for subsection (4) —40 penalty units.\n- (a) employ in any capacity, or have as an employee, the key official; or\n- (b) knowingly have, directly or indirectly— (i) a business or financial association with the key official; or (ii) a business or financial interest in something together with the key official.\n- (i) a business or financial association with the key official; or\n- (ii) a business or financial interest in something together with the key official.\n- (i) a business or financial association with the key official; or\n- (ii) a business or financial interest in something together with the key official.\n- (a) employ the person in any capacity; or\n- (b) have the person as an employee; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with the person; or (ii) a business or financial interest in something together with the person.\n- (i) a business or financial association with the person; or\n- (ii) a business or financial interest in something together with the person.\n- (i) a business or financial association with the person; or\n- (ii) a business or financial interest in something together with the person.","sortOrder":225},{"sectionNumber":"sec.165","sectionType":"section","heading":"Keno gaming by minors","content":"### sec.165 Keno gaming by minors\n\nA minor must not take part in keno gaming.\nMaximum penalty—25 penalty units.\ns 165 amd 2009 No. 41 s 60","sortOrder":226},{"sectionNumber":"sec.166","sectionType":"section","heading":"Allowing minors to take part in keno gaming","content":"### sec.166 Allowing minors to take part in keno gaming\n\nA person involved in the conduct of an approved keno game (an involved person ) must not—\naccept a completed entry form or subscription for the game from a minor; or\nissue a keno ticket for the game to a minor; or\notherwise allow a minor to take part in keno gaming.\nMaximum penalty—40 penalty units.\nIf an involved person suspects a person attempting to take part in keno gaming is a minor, the involved person may ask the person to give the involved person acceptable evidence of the person’s age.\nSee the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity.\nIf a person is asked to give acceptable evidence of the person’s age, the person must not—\nfurther attempt to take part in keno gaming without giving acceptable evidence; or\ngive acceptable evidence that is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nIn a prosecution for an offence against subsection (1) , it is a defence to prove that—\nthe defendant had no reason to believe, and did not believe, that the person whose age is material to the offence was a minor; or\nat the time of the contravention constituting the offence, the defendant had obtained from the person whose age is material to the offence acceptable evidence of the person’s age indicating the person was an adult.\nIn the application of a defence on the ground mentioned in subsection (4) (a) , the operation of the Criminal Code , section 24 is excluded.\nIn this section, a reference to acceptable evidence of a person’s age is a reference to a document that is acceptable evidence of the person’s age for the Liquor Act 1992 .\ns 166 amd 2009 No. 41 s 61 ; 2020 No. 21 s 10\n(sec.166-ssec.1) A person involved in the conduct of an approved keno game (an involved person ) must not— accept a completed entry form or subscription for the game from a minor; or issue a keno ticket for the game to a minor; or otherwise allow a minor to take part in keno gaming. Maximum penalty—40 penalty units.\n(sec.166-ssec.2) If an involved person suspects a person attempting to take part in keno gaming is a minor, the involved person may ask the person to give the involved person acceptable evidence of the person’s age. See the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity.\n(sec.166-ssec.3) If a person is asked to give acceptable evidence of the person’s age, the person must not— further attempt to take part in keno gaming without giving acceptable evidence; or give acceptable evidence that is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.166-ssec.4) In a prosecution for an offence against subsection (1) , it is a defence to prove that— the defendant had no reason to believe, and did not believe, that the person whose age is material to the offence was a minor; or at the time of the contravention constituting the offence, the defendant had obtained from the person whose age is material to the offence acceptable evidence of the person’s age indicating the person was an adult.\n(sec.166-ssec.5) In the application of a defence on the ground mentioned in subsection (4) (a) , the operation of the Criminal Code , section 24 is excluded.\n(sec.166-ssec.6) In this section, a reference to acceptable evidence of a person’s age is a reference to a document that is acceptable evidence of the person’s age for the Liquor Act 1992 .\n- (a) accept a completed entry form or subscription for the game from a minor; or\n- (b) issue a keno ticket for the game to a minor; or\n- (c) otherwise allow a minor to take part in keno gaming.\n- (a) further attempt to take part in keno gaming without giving acceptable evidence; or\n- (b) give acceptable evidence that is false or misleading in a material particular.\n- (a) the defendant had no reason to believe, and did not believe, that the person whose age is material to the offence was a minor; or\n- (b) at the time of the contravention constituting the offence, the defendant had obtained from the person whose age is material to the offence acceptable evidence of the person’s age indicating the person was an adult.","sortOrder":227},{"sectionNumber":"pt.9","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":228},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":229},{"sectionNumber":"sec.167","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.167 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 167 sub 2004 No. 21 s 81\namd 2005 No. 12 s 61 ; 2008 No. 2 s 73\n(sec.167-ssec.1) The chief executive may appoint a person as an inspector.\n(sec.167-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":230},{"sectionNumber":"sec.168","sectionType":"section","heading":"Conditions and limit on powers","content":"### sec.168 Conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 168 prev s 168 sub 2004 No. 21 s 81\nom 2005 No. 12 s 62\npres s 168 (prev s 169) sub 2004 No. 21 s 81\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch\n(sec.168-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.168-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.168-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":231},{"sectionNumber":"sec.169","sectionType":"section","heading":"Issue of identity card","content":"### sec.169 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 169 (prev s 170) sub 2004 No. 21 s 81\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch\n(sec.169-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.169-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.169-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":232},{"sectionNumber":"sec.170","sectionType":"section","heading":"Production or display of identity card","content":"### sec.170 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 172 (a) or (c) .\ns 170 (prev s 171A) ins 2004 No. 21 s 81\nrenum 2005 No. 12 s 88 sch\n(sec.170-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.170-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.170-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 172 (a) or (c) .\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":233},{"sectionNumber":"sec.171","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.171 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 171A takes effect.\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\ns 171 prev s 171 sub 2004 No. 21 s 81\nom 2005 No. 12 s 63\npres s 171 (prev s 171B) ins 2004 No. 21 s 81\namd 2005 No. 12 s 64\nrenum 2005 No. 12 s 88 sch\n(sec.171-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 171A takes effect.\n(sec.171-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.171-ssec.3) In this section— condition of office means a condition on which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 171A takes effect.","sortOrder":234},{"sectionNumber":"sec.171A","sectionType":"section","heading":"Resignation","content":"### sec.171A Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\ns 171A (prev s 171C) ins 2004 No. 21 s 81\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch","sortOrder":235},{"sectionNumber":"sec.171B","sectionType":"section","heading":"Return of identity card","content":"### sec.171B 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 171B (prev s 171D) ins 2004 No. 21 s 81\namd 2005 No. 12 s 65\nrenum 2005 No. 12 s 88 sch","sortOrder":236},{"sectionNumber":"sec.171C","sectionType":"section","heading":"Audit program","content":"### sec.171C Audit program\n\nThe Minister may approve an audit program for investigating inspectors.\nThe chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to—\nthe inspector’s character; and\nthe inspector’s current financial position and financial background; and\nany other matter the chief executive considers relevant to the person’s suitability to be an inspector.\nHowever, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\nThe chief executive must ensure the investigation is conducted under the approved audit program.\nIn this section—\napproved audit program means an audit program approved by the Minister under subsection (1) .\ns 171C (prev s 171E) ins 2004 No. 21 s 81\namd 2005 No. 12 s 66\nrenum 2005 No. 12 s 88 sch\n(sec.171C-ssec.1) The Minister may approve an audit program for investigating inspectors.\n(sec.171C-ssec.2) The chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to— the inspector’s character; and the inspector’s current financial position and financial background; and any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n(sec.171C-ssec.3) However, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\n(sec.171C-ssec.4) The chief executive must ensure the investigation is conducted under the approved audit program.\n(sec.171C-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":237},{"sectionNumber":"sec.171D","sectionType":"section","heading":"Report about criminal history","content":"### sec.171D Report about criminal history\n\nTo help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\nIf asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.\nThe duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 171D (prev s 171F) ins 2004 No. 21 s 81\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch\n(sec.171D-ssec.1) To help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\n(sec.171D-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.171D-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":238},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":239},{"sectionNumber":"sec.172","sectionType":"section","heading":"Entry without consent or warrant","content":"### sec.172 Entry without consent or warrant\n\nAn inspector may, without the occupier’s consent or a warrant, enter—\na public place; or\na keno gaming place when—\napproved keno games, or parts of approved keno games, are being conducted at the place; or\nthe place is open for conducting approved keno games, or parts of approved keno games; or\nthe place is open for carrying on business; or\nthe place is 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 keno gaming place when— (i) approved keno games, or parts of approved keno games, are being conducted at the place; or (ii) the place is open for conducting approved keno games, or parts of approved keno games; or (iii) the place is open for carrying on business; or (iv) the place is otherwise open for entry; or\n- (i) approved keno games, or parts of approved keno games, are being conducted at the place; or\n- (ii) the place is open for conducting approved keno games, or parts of approved keno games; or\n- (iii) the place is open for carrying on business; or\n- (iv) the place is otherwise open for entry; or\n- (c) the land around premises to ask its occupier for consent to enter the premises.\n- (i) approved keno games, or parts of approved keno games, are being conducted at the place; or\n- (ii) the place is open for conducting approved keno games, or parts of approved keno games; or\n- (iii) the place is open for carrying on business; or\n- (iv) the place is otherwise open for entry; or","sortOrder":240},{"sectionNumber":"sec.173","sectionType":"section","heading":"Entry with consent or warrant","content":"### sec.173 Entry with consent or warrant\n\nUnless an inspector is authorised to enter a place under section 172 , 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":241},{"sectionNumber":"sec.174","sectionType":"section","heading":"Consent to entry","content":"### sec.174 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.\nThis section does not apply if entry is authorised by section 172 or 173 (b) .\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 was 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.174-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. This section does not apply if entry is authorised by section 172 or 173 (b) .\n(sec.174-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.174-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.174-ssec.4) The acknowledgement must state— the occupier was 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.174-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 was 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":242},{"sectionNumber":"sec.175","sectionType":"section","heading":"Evidence of consent","content":"### sec.175 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.175-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.175-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":243},{"sectionNumber":"sec.176","sectionType":"section","heading":"Application for warrant","content":"### sec.176 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.176-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.176-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.176-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":244},{"sectionNumber":"sec.177","sectionType":"section","heading":"Issue of warrant","content":"### sec.177 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; 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.177-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; and the evidence is at the place, or may be at the place within the next 7 days.\n(sec.177-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; 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":245},{"sectionNumber":"sec.178","sectionType":"section","heading":"Special warrants","content":"### sec.178 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.178-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.178-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.178-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.178-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.178-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.178-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.178-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.178-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":246},{"sectionNumber":"sec.179","sectionType":"section","heading":"Evidence about special warrants","content":"### sec.179 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.179-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.179-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":247},{"sectionNumber":"sec.180","sectionType":"section","heading":"General powers after entering places","content":"### sec.180 General powers after entering places\n\nThis section applies to an inspector who enters a place.\nHowever, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act, the inspector may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place; or\nfor a keno gaming place—access, electronically or in another way, a system used at the place for conducting approved keno games, or administrative purposes related to the conduct of approved keno games; or\ntake into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\nrequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.180-ssec.1) This section applies to an inspector who enters a place.\n(sec.180-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.180-ssec.3) For monitoring or enforcing compliance with this Act, the inspector may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or for a keno gaming place—access, electronically or in another way, a system used at the place for conducting approved keno games, or administrative purposes related to the conduct of approved keno games; or take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\n(sec.180-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) for a keno gaming place—access, electronically or in another way, a system used at the place for conducting approved keno games, or administrative purposes related to the conduct of approved keno games; or\n- (f) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\n- (g) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\n- (h) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.","sortOrder":248},{"sectionNumber":"sec.181","sectionType":"section","heading":"Failure to help inspector","content":"### sec.181 Failure to help inspector\n\nA person required to give reasonable help under section 180 (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), 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.181-ssec.1) A person required to give reasonable help under section 180 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.181-ssec.2) If the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.","sortOrder":249},{"sectionNumber":"sec.182","sectionType":"section","heading":"Failure to give information","content":"### sec.182 Failure to give information\n\nA person of whom a requirement is made under section 180 (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.182-ssec.1) A person of whom a requirement is made under section 180 (3) (h) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.182-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":250},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 om 2000 No. 5 s 461 sch 3","sortOrder":251},{"sectionNumber":"sec.184","sectionType":"section","heading":"Seizing evidence at keno gaming places","content":"### sec.184 Seizing evidence at keno gaming places\n\nAn inspector who enters a keno gaming place under this part may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.\nNothing in this section authorises an inspector to seize a digital device if—\nthe offence is an offence mentioned in section 166 (3) ; and\nin committing the offence a person used the device to display the following things, or an image or other design purporting to be the thing—\na digital authority;\na digital evidence of age;\na digital evidence of identity.\nIn this section—\ndigital authority see the Transport Planning and Coordination Act 1994 , section 29AC .\ndigital device see the Transport Planning and Coordination Act 1994 , section 29AB .\ndigital evidence of age see the Transport Planning and Coordination Act 1994 , section 29AD .\ndigital evidence of identity see the Transport Planning and Coordination Act 1994 , section 29AE .\ns 184 amd 2020 No. 21 s 11\n(sec.184-ssec.1) An inspector who enters a keno gaming place under this part may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.\n(sec.184-ssec.2) Nothing in this section authorises an inspector to seize a digital device if— the offence is an offence mentioned in section 166 (3) ; and in committing the offence a person used the device to display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity.\n(sec.184-ssec.3) In this section— digital authority see the Transport Planning and Coordination Act 1994 , section 29AC . digital device see the Transport Planning and Coordination Act 1994 , section 29AB . digital evidence of age see the Transport Planning and Coordination Act 1994 , section 29AD . digital evidence of identity see the Transport Planning and Coordination Act 1994 , section 29AE .\n- (a) the offence is an offence mentioned in section 166 (3) ; and\n- (b) in committing the offence a person used the device to display the following things, or an image or other design purporting to be the thing— (i) a digital authority; (ii) a digital evidence of age; (iii) a digital evidence of identity.\n- (i) a digital authority;\n- (ii) a digital evidence of age;\n- (iii) a digital evidence of identity.\n- (i) a digital authority;\n- (ii) a digital evidence of age;\n- (iii) a digital evidence of identity.","sortOrder":252},{"sectionNumber":"sec.185","sectionType":"section","heading":"Seizing evidence at places other than keno gaming places","content":"### sec.185 Seizing evidence at places other than keno gaming places\n\nThis section applies if an inspector enters a place under this part and the place is not a keno gaming place.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector also may seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n(sec.185-ssec.1) This section applies if an inspector enters a place under this part and the place is not a keno gaming place.\n(sec.185-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.185-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.185-ssec.4) The inspector also may seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.185-ssec.5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":253},{"sectionNumber":"sec.186","sectionType":"section","heading":"Securing seized things","content":"### sec.186 Securing seized things\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Example of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted","sortOrder":254},{"sectionNumber":"sec.187","sectionType":"section","heading":"Tampering with seized things","content":"### sec.187 Tampering with seized things\n\nIf an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.\nMaximum penalty—40 penalty units.","sortOrder":255},{"sectionNumber":"sec.188","sectionType":"section","heading":"Powers to support seizure","content":"### sec.188 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.188-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.188-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.188-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.188-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":256},{"sectionNumber":"sec.189","sectionType":"section","heading":"Receipt for seized things","content":"### sec.189 Receipt for seized things\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).\n(sec.189-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.189-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.189-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.189-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":257},{"sectionNumber":"sec.190","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.190 Forfeiture of seized things\n\nA seized thing is forfeited to the Crown if the inspector who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must 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 190 amd 1999 No. 77 s 210 sch 2 ; 2009 No. 24 s 607\n(sec.190-ssec.1) A seized thing is forfeited to the Crown if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\n(sec.190-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.190-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.190-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.190-ssec.5) The notice must comply with the QCAT Act , section 157 (2) .\n(sec.190-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.\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":258},{"sectionNumber":"sec.191","sectionType":"section","heading":"Return of seized things","content":"### sec.191 Return of seized things\n\nIf a seized thing has not been forfeited, the inspector must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless 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.191-ssec.1) If a seized thing has not been forfeited, the inspector must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.191-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":259},{"sectionNumber":"sec.192","sectionType":"section","heading":"Access to seized things","content":"### sec.192 Access to seized things\n\nUntil a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.192-ssec.1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.192-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":260},{"sectionNumber":"sec.193","sectionType":"section","heading":"Direction to stop using thing","content":"### sec.193 Direction to stop using thing\n\nThis section applies if an inspector reasonably believes—\na thing used in the conduct of approved keno games 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 approved keno 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 approved keno games.\n(sec.193-ssec.1) This section applies if an inspector reasonably believes— a thing used in the conduct of approved keno games 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 approved keno games; or adversely affect the public interest.\n(sec.193-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 approved keno games.\n- (a) a thing used in the conduct of approved keno games 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 approved keno games; or (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of approved keno games; or\n- (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of approved keno games; or\n- (ii) adversely affect the public interest.","sortOrder":261},{"sectionNumber":"sec.194","sectionType":"section","heading":"Requirements about stop directions","content":"### sec.194 Requirements about stop directions\n\nA direction given to a person under section 193 (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 keno operator or another person involved in the conduct of an approved keno 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.194-ssec.1) A direction given to a person under section 193 (a stop direction ) may be given orally or by written notice (a stop notice ).\n(sec.194-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.194-ssec.3) A stop direction may be given for a thing at a place occupied by an authorised keno operator or another person involved in the conduct of an approved keno game.\n(sec.194-ssec.4) A stop direction does not apply to a use of the thing carried out for repairing or testing the thing.\n(sec.194-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":262},{"sectionNumber":"sec.195","sectionType":"section","heading":"Failure to comply with stop direction","content":"### sec.195 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":263},{"sectionNumber":"sec.196","sectionType":"section","heading":"Power to require name and address","content":"### sec.196 Power to require name and address\n\nThis section applies if—\nan inspector finds a person committing an offence against this Act; or\nan inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nWhen making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false.\nA requirement under subsection (2) or (4) is called a personal details requirement .\ns 196 amd 2000 No. 5 s 461 sch 3\n(sec.196-ssec.1) This section applies if— an inspector finds a person committing an offence against this Act; or an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.\n(sec.196-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.196-ssec.3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.196-ssec.4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false.\n(sec.196-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\n- (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.","sortOrder":264},{"sectionNumber":"sec.197","sectionType":"section","heading":"Failure to give name or address","content":"### sec.197 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; and\nthe person is not proved to have committed the offence.\n(sec.197-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.197-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":265},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 om 2000 No. 5 s 461 sch 3","sortOrder":266},{"sectionNumber":"sec.199","sectionType":"section","heading":"Power to require production of documents","content":"### sec.199 Power to require production of documents\n\nAn inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act; or\nif the person is a keno licensee—a document kept by the person about the conduct of keno games by the licensee under the keno licence; or\nif the person is an appointed agent—a document kept by the person about the conduct of keno games by the principal keno licensee.\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.199-ssec.1) An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector— a document issued to the person under this Act; or a document required to be kept by the person under this Act; or if the person is a keno licensee—a document kept by the person about the conduct of keno games by the licensee under the keno licence; or if the person is an appointed agent—a document kept by the person about the conduct of keno games by the principal keno licensee.\n(sec.199-ssec.2) The inspector may keep the document to copy it.\n(sec.199-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.199-ssec.4) The inspector must return the document to the person as soon as practicable after copying it.\n(sec.199-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.199-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\n- (b) a document required to be kept by the person under this Act; or\n- (c) if the person is a keno licensee—a document kept by the person about the conduct of keno games by the licensee under the keno licence; or\n- (d) if the person is an appointed agent—a document kept by the person about the conduct of keno games by the principal keno licensee.","sortOrder":267},{"sectionNumber":"sec.200","sectionType":"section","heading":"Failure to produce document","content":"### sec.200 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.200-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.200-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":268},{"sectionNumber":"sec.201","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.201 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":269},{"sectionNumber":"sec.202","sectionType":"section","heading":"Power to require attendance of persons","content":"### sec.202 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 a keno licensee conducted under the keno licence—\nthe licensee or, if the licensee is a corporation, an executive officer of the licensee;\na licensed keno employee employed by the licensee;\nan appointed agent for whom the licensee is the principal keno licensee or, if the appointed agent is a corporation, an executive officer of the agent;\nan employee of an appointed agent mentioned in paragraph (c) ;\nanother person associated with the operation or management of the operations of—\nthe licensee; or\nan appointed 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 appointed agent’s operations—\nthe agent or, if the agent is a corporation, an executive officer of the agent;\nan employee of the agent;\nthe principal keno licensee or, if the licensee is a corporation, an executive officer of the licensee;\nanother person associated with the operation or management of the operations of—\nthe agent; or\nthe principal keno licensee.\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 it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.202-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.202-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 a keno licensee conducted under the keno licence— the licensee or, if the licensee is a corporation, an executive officer of the licensee; a licensed keno employee employed by the licensee; an appointed agent for whom the licensee is the principal keno licensee or, if the appointed agent is a corporation, an executive officer of the agent; an employee of an appointed agent mentioned in paragraph (c) ; another person associated with the operation or management of the operations of— the licensee; or an appointed agent mentioned in paragraph (c) .\n(sec.202-ssec.3) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about an appointed agent’s operations— the agent or, if the agent is a corporation, an executive officer of the agent; an employee of the agent; the principal keno licensee or, if the licensee is a corporation, an executive officer of the licensee; another person associated with the operation or management of the operations of— the agent; or the principal keno licensee.\n(sec.202-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.202-ssec.5) When making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) the licensee or, if the licensee is a corporation, an executive officer of the licensee;\n- (b) a licensed keno employee employed by the licensee;\n- (c) an appointed agent for whom the licensee is the principal keno licensee or, if the appointed agent is a corporation, an executive officer of the agent;\n- (d) an employee of an appointed agent mentioned in paragraph (c) ;\n- (e) another person associated with the operation or management of the operations of— (i) the licensee; or (ii) an appointed agent mentioned in paragraph (c) .\n- (i) the licensee; or\n- (ii) an appointed agent mentioned in paragraph (c) .\n- (i) the licensee; or\n- (ii) an appointed 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 principal keno licensee or, if the licensee is a corporation, an executive officer of the licensee;\n- (d) another person associated with the operation or management of the operations of— (i) the agent; or (ii) the principal keno licensee.\n- (i) the agent; or\n- (ii) the principal keno licensee.\n- (i) the agent; or\n- (ii) the principal keno licensee.\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":270},{"sectionNumber":"sec.203","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.203 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 202 must not, unless the person has a reasonable excuse—\nfail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\nwhen attending before the inspector—\nfail to comply with a requirement to answer a question or give information; or\nstate anything the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n(sec.203-ssec.1) A person of whom a requirement is made under section 202 must not, unless the person has a reasonable excuse— fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or when attending before the inspector— fail to comply with a requirement to answer a question or give information; or state anything the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.203-ssec.2) It is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n- (a) fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\n- (b) when attending before the inspector— (i) fail to comply with a requirement to answer a question or give information; or (ii) state anything the person knows is false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows is false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows is false or misleading in a material particular.","sortOrder":271},{"sectionNumber":"sec.204","sectionType":"section","heading":"Power to require financial records","content":"### sec.204 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—\na keno licensee keeps an account in relation to the licensee’s operations under the keno licence; or\nan appointed 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.204-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— a keno licensee keeps an account in relation to the licensee’s operations under the keno licence; or an appointed agent keeps an account in relation to the agent’s operations.\n(sec.204-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.204-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) a keno licensee keeps an account in relation to the licensee’s operations under the keno licence; or\n- (b) an appointed 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":272},{"sectionNumber":"sec.205","sectionType":"section","heading":"Effect of compliance with financial records requirement","content":"### sec.205 Effect of compliance with financial records requirement\n\nNo liability attaches to a person who is the manager or other principal officer at a place of business of a financial institution for any breach of trust or other reason, merely because the person complies with a financial records requirement.\nNo liability attaches to a financial institution, for any breach of trust or other reason, merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.\n(sec.205-ssec.1) No liability attaches to a person who is the manager or other principal officer at a place of business of a financial institution for any breach of trust or other reason, merely because the person complies with a financial records requirement.\n(sec.205-ssec.2) No liability attaches to a financial institution, for any breach of trust or other reason, merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.","sortOrder":273},{"sectionNumber":"sec.206","sectionType":"section","heading":"Failure to comply with financial records requirement","content":"### sec.206 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":274},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Powers of Minister","content":"## Powers of Minister","sortOrder":275},{"sectionNumber":"sec.207","sectionType":"section","heading":"Direction about management practices","content":"### sec.207 Direction about management practices\n\nThis section applies if the Minister reasonably believes—\nthe management, supervision or control of a part of a keno licensee’s or appointed agent’s operations (the management practice ) is unsatisfactory; and\nthe management practice may result in—\nthe integrity of the conduct of keno games by the keno licensee under the keno licence being jeopardised; or\nthe public interest being affected adversely.\nThe Minister may direct the keno licensee or appointed 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 direction is to change the management practice—clearly describe how the practice is required to be changed; and\nstate when the person is required to comply with the direction.\nA person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.207-ssec.1) This section applies if the Minister reasonably believes— the management, supervision or control of a part of a keno licensee’s or appointed agent’s operations (the management practice ) is unsatisfactory; and the management practice may result in— the integrity of the conduct of keno games by the keno licensee under the keno licence being jeopardised; or the public interest being affected adversely.\n(sec.207-ssec.2) The Minister may direct the keno licensee or appointed agent to stop, or change, the management practice.\n(sec.207-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 direction is to change the management practice—clearly describe how the practice is required to be changed; and state when the person is required to comply with the direction.\n(sec.207-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 a keno licensee’s or appointed agent’s operations (the management practice ) is unsatisfactory; and\n- (b) the management practice may result in— (i) the integrity of the conduct of keno games by the keno licensee under the keno licence being jeopardised; or (ii) the public interest being affected adversely.\n- (i) the integrity of the conduct of keno games by the keno licensee under the keno licence being jeopardised; or\n- (ii) the public interest being affected adversely.\n- (i) the integrity of the conduct of keno games by the keno licensee under the keno licence being jeopardised; or\n- (ii) the public interest being affected adversely.\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 direction is to change the management practice—clearly describe how the practice is required to be changed; and\n- (d) state when the person is required to comply with the direction.","sortOrder":276},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"General enforcement matters","content":"## General enforcement matters","sortOrder":277},{"sectionNumber":"sec.208","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.208 Forfeiture on conviction\n\nOn the conviction of a person for an offence against this Act, the court may order the forfeiture to the Crown 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.208-ssec.1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the Crown of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.208-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.208-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.208-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":278},{"sectionNumber":"sec.209","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.209 Dealing with forfeited things\n\nOn the forfeiture of a thing to the Crown, the thing becomes the Crown’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.209-ssec.1) On the forfeiture of a thing to the Crown, the thing becomes the Crown’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.209-ssec.2) Without limiting subsection (1) , the chief executive may destroy the thing.","sortOrder":279},{"sectionNumber":"sec.210","sectionType":"section","heading":"Notice of damage","content":"### sec.210 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 it in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the inspector reasonably believes is trivial.\nIn this section—\nowner , of a thing, includes the person in possession or control of it.\n(sec.210-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.210-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.210-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 it in the notice.\n(sec.210-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.210-ssec.5) This section does not apply to damage the inspector reasonably believes is trivial.\n(sec.210-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":280},{"sectionNumber":"sec.211","sectionType":"section","heading":"Compensation","content":"### sec.211 Compensation\n\nA person may claim compensation from the Crown if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 —\nsubdivision 1 (Power to enter places)\nsubdivision 3 (General powers)\nsubdivision 4 (Power to seize evidence)\nsubdivision 6 (Power to obtain information).\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 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.211-ssec.1) A person may claim compensation from the Crown if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 — subdivision 1 (Power to enter places) subdivision 3 (General powers) subdivision 4 (Power to seize evidence) subdivision 6 (Power to obtain information).\n(sec.211-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.211-ssec.3) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.211-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.211-ssec.5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- • subdivision 1 (Power to enter places)\n- • subdivision 3 (General powers)\n- • subdivision 4 (Power to seize evidence)\n- • subdivision 6 (Power to obtain information).\n- (a) brought in a court with jurisdiction 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":281},{"sectionNumber":"sec.212","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.212 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, the liability attaches instead to the Crown.\n(sec.212-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.212-ssec.2) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.212-ssec.3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the Crown.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) an inspector; or\n- (d) a person acting under the direction of an inspector.","sortOrder":282},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"General enforcement offences","content":"## General enforcement offences","sortOrder":283},{"sectionNumber":"sec.213","sectionType":"section","heading":"False or misleading statements","content":"### sec.213 False or misleading statements\n\nA person must not state anything to an inspector the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.213-ssec.1) A person must not state anything to an inspector the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.213-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.","sortOrder":284},{"sectionNumber":"sec.214","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.214 False, misleading or incomplete documents\n\nA person must not give an inspector a document containing information the person knows is 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 against a person 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.214-ssec.1) A person must not give an inspector a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units.\n(sec.214-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.214-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.214-ssec.4) It is enough for a complaint against a person for an offence against subsection (1) or (3) to state that the document or entry was false, 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":285},{"sectionNumber":"sec.215","sectionType":"section","heading":"Obstructing inspectors","content":"### sec.215 Obstructing inspectors\n\nA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction.\nMaximum penalty—40 penalty units.\nIf a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct is an obstruction; and\nif the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.\ns 215 amd 2000 No. 5 s 461 sch 3\n(sec.215-ssec.1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction. Maximum penalty—40 penalty units.\n(sec.215-ssec.2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and the inspector considers the person’s conduct is an obstruction; and if the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.\n- (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct is an obstruction; and\n- (c) if the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.","sortOrder":286},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\ns 216 om 2000 No. 5 s 461 sch 3","sortOrder":287},{"sectionNumber":"pt.10","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":288},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":289},{"sectionNumber":"sec.217","sectionType":"section","heading":"Application of division","content":"### sec.217 Application of division\n\nThis division applies to a proceeding under this Act.","sortOrder":290},{"sectionNumber":"sec.218","sectionType":"section","heading":"Appointments and authority","content":"### sec.218 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nan inspector’s appointment under a gaming Act; 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 under a gaming Act; or\n- (c) the authority of the chief executive or an inspector to do anything under this Act.","sortOrder":291},{"sectionNumber":"sec.219","sectionType":"section","heading":"Signatures","content":"### sec.219 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":292},{"sectionNumber":"sec.220","sectionType":"section","heading":"Evidentiary aids","content":"### sec.220 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—\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;\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, a licence was suspended for a stated period or cancelled;\non a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or stated approval was, or was not, in force for a stated person or thing;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid;\nanything else prescribed under a regulation.\nIn this section—\nlicence means a keno licence or keno employee licence.\n(sec.220-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— 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; 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 or cancelled; on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or stated approval was, or was not, in force for a stated person or thing; 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.220-ssec.2) In this section— licence means a keno licence or keno employee licence.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a 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;\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, a licence was suspended for a stated period or cancelled;\n- (g) on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or stated approval was, or was not, in force for a stated person or thing;\n- (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;","sortOrder":293},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":294},{"sectionNumber":"sec.221","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.221 Indictable and summary offences\n\nAn offence against section 155 , 156 or 158 is an indictable offence.\nAny other offence against this Act is a summary offence.\n(sec.221-ssec.1) An offence against section 155 , 156 or 158 is an indictable offence.\n(sec.221-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":295},{"sectionNumber":"sec.222","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.222 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n(sec.222-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.222-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.222-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.222-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":296},{"sectionNumber":"sec.223","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.223 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.223-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.223-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":297},{"sectionNumber":"sec.224","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.224 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 must start—\nwithin 1 year after the commission of the offence; or\nat any later time but within 6 months after the offence comes to the complainant’s knowledge.\n- (a) within 1 year after the commission of the offence; or\n- (b) at any later time but within 6 months after the offence comes to the complainant’s knowledge.","sortOrder":298},{"sectionNumber":"sec.225","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.225 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.225-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.225-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.\n(sec.225-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.225-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":299},{"sectionNumber":"sec.226","sectionType":"section","heading":"Executive officer may be taken to have committed offence against s 116 (1)","content":"### sec.226 Executive officer may be taken to have committed offence against s 116 (1)\n\nIf a corporation commits an offence against section 116 (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 116 (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 116 (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 116 (1) .\ns 226 sub 2013 No. 51 s 85\n(sec.226-ssec.1) If a corporation commits an offence against section 116 (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.226-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 116 (1) whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.226-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 116 (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 116 (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 116 (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 116 (1) .","sortOrder":300},{"sectionNumber":"sec.227","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.227 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty—half the maximum penalty for committing the offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.227-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty—half the maximum penalty for committing the offence.\n(sec.227-ssec.2) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":301},{"sectionNumber":"pt.11","sectionType":"part","heading":"Reviews by tribunal","content":"# Reviews by tribunal","sortOrder":302},{"sectionNumber":"sec.228","sectionType":"section","heading":"When keno licensees may apply for review","content":"### sec.228 When keno licensees may apply for review\n\nA keno 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 1 .\ns 228 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 608","sortOrder":303},{"sectionNumber":"sec.229","sectionType":"section","heading":"When applicants for keno employee licences may apply for review","content":"### sec.229 When applicants for keno employee licences may apply for review\n\nAn applicant for a keno employee licence may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive under section 50 to refuse to grant the application.\ns 229 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 608","sortOrder":304},{"sectionNumber":"sec.230","sectionType":"section","heading":"When licensed keno employees may apply for review","content":"### sec.230 When licensed keno employees may apply for review\n\nA licensed keno employee 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 230 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 608","sortOrder":305},{"sectionNumber":"sec.231","sectionType":"section","heading":"When keno agents may apply for review","content":"### sec.231 When keno agents may apply for review\n\nA keno 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 231 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 608","sortOrder":306},{"sectionNumber":"sec.232","sectionType":"section","heading":"When keno subagents may apply for review","content":"### sec.232 When keno subagents may apply for review\n\nA keno subagent 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 4 .\ns 232 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 608","sortOrder":307},{"sectionNumber":"sec.233","sectionType":"section","heading":"When other persons may apply for review","content":"### sec.233 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 the inspector under section 190 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 an appointed agent, under section 154D , to give the person an exclusion direction;\na decision of an appointed agent, under section 154G , refusing to revoke an exclusion direction given to the person.\ns 233 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 608\n(sec.233-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 the inspector under section 190 to forfeit the thing.\n(sec.233-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 an appointed agent, under section 154D , to give the person an exclusion direction; a decision of an appointed agent, under section 154G , refusing to revoke an exclusion direction given to the person.\n- (a) a decision of an appointed agent, under section 154D , to give the person an exclusion direction;\n- (b) a decision of an appointed agent, under section 154G , refusing to revoke an exclusion direction given to the person.","sortOrder":308},{"sectionNumber":"sec.234","sectionType":"section","heading":"Tribunal to decide review on evidence before the chief executive","content":"### sec.234 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 234 prev s 234 om 1999 No. 77 s 190\npres s 234 ins 2009 No. 24 s 608\n(sec.234-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.234-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.234-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":309},{"sectionNumber":"sec.235","sectionType":"section","heading":"Tribunal may give leave for review to be decided on new evidence in particular circumstances","content":"### sec.235 Tribunal may give leave for review to be decided on new evidence in particular circumstances\n\nDespite section 234 , 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—\nadjourn 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; or\nif the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive.\nIn this section—\nnew evidence means evidence that was not before the chief executive when the decision was made.\ns 235 amd 1999 No. 77 s 210 sch 2 ; 2002 No. 43 s 93\nsub 2009 No. 24 s 608\n(sec.235-ssec.1) Despite section 234 , 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.235-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; or if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive.\n(sec.235-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.\n- (a) 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; or\n- (b) if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive.","sortOrder":310},{"sectionNumber":"sec.236","sectionType":"section","heading":"Appeals from tribunal only to Court of Appeal on a question of law","content":"### sec.236 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 228 to 233 .\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 236 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 608\n(sec.236-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 228 to 233 .\n(sec.236-ssec.2) The QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\n(sec.236-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.236-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":311},{"sectionNumber":"sec.237","sectionType":"section","heading":null,"content":"### Section sec.237\n\ns 237 amd 1999 No. 77 s 210 sch 2\nom 2009 No. 24 s 608","sortOrder":312},{"sectionNumber":"sec.237A","sectionType":"section","heading":null,"content":"### Section sec.237A\n\ns 237A ins 1999 No. 77 s 191\nom 2009 No. 24 s 608","sortOrder":313},{"sectionNumber":"sec.238","sectionType":"section","heading":null,"content":"### Section sec.238\n\ns 238 amd 1999 No. 77 s 210 sch 2\nom 2009 No. 24 s 608","sortOrder":314},{"sectionNumber":"sec.239","sectionType":"section","heading":null,"content":"### Section sec.239\n\ns 239 amd 1999 No. 77 s 210 sch 2\nsub 2001 No. 50 s 18 sch ; 2004 No. 21 s 82\nom 2009 No. 24 s 608","sortOrder":315},{"sectionNumber":"sec.239A","sectionType":"section","heading":null,"content":"### Section sec.239A\n\ns 239A ins 2004 No. 21 s 83\nom 2009 No. 24 s 608","sortOrder":316},{"sectionNumber":"sec.239B","sectionType":"section","heading":null,"content":"### Section sec.239B\n\ns 239B ins 2004 No. 21 s 83\nom 2009 No. 24 s 608","sortOrder":317},{"sectionNumber":"sec.239C","sectionType":"section","heading":null,"content":"### Section sec.239C\n\ns 239C ins 2004 No. 21 s 83\nom 2009 No. 24 s 608","sortOrder":318},{"sectionNumber":"sec.239D","sectionType":"section","heading":null,"content":"### Section sec.239D\n\ns 239D ins 2004 No. 21 s 83\nom 2009 No. 24 s 608","sortOrder":319},{"sectionNumber":"sec.239E","sectionType":"section","heading":null,"content":"### Section sec.239E\n\ns 239E ins 2004 No. 21 s 83\nom 2009 No. 24 s 608","sortOrder":320},{"sectionNumber":"sec.239F","sectionType":"section","heading":null,"content":"### Section sec.239F\n\ns 239F ins 2004 No. 21 s 83\nom 2009 No. 24 s 608","sortOrder":321},{"sectionNumber":"pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":322},{"sectionNumber":"sec.240","sectionType":"section","heading":"Confidentiality of information","content":"### sec.240 Confidentiality of information\n\nA person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to the disclosure of confidential information by a person—\nfor a purpose under this Act or a gaming Act; or\nwith a lawful excuse; or\nunder an approval of the chief executive under this section.\nThe chief executive may approve the disclosure of confidential information by a person to—\nan entity prescribed under a regulation; or\nan officer, employee or member of the entity; or\na stated department, person or other entity.\nBefore giving an approval for subsection (3) (c) , the chief executive must—\ngive written notice of the proposed approval to any person whom the chief executive considers is likely to be affected adversely by the disclosure; and\ngive the person the opportunity of making a submission about the proposed approval within the time (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 240 amd 2004 No. 21 s 84\n(sec.240-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.240-ssec.2) Subsection (1) does not apply to the disclosure of confidential information by a person— for a purpose under this Act or a gaming Act; or with a lawful excuse; or under an approval of the chief executive under this section.\n(sec.240-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.240-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 is likely to be affected adversely by the disclosure; and give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\n(sec.240-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.240-ssec.6) In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act.\n- (a) for a purpose under this Act or a gaming Act; or\n- (b) with a lawful excuse; or\n- (c) under an approval of the chief executive under this section.\n- (a) an entity prescribed under a regulation; or\n- (b) an officer, employee or member of the entity; or\n- (c) a stated department, person or other entity.\n- (a) give written notice of the proposed approval to any person whom the chief executive considers is likely to be affected adversely by the disclosure; and\n- (b) give the person the opportunity of making a submission about the proposed approval within the time (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":323},{"sectionNumber":"sec.240A","sectionType":"section","heading":"Commissioner of police service to notify changes in criminal history","content":"### sec.240A Commissioner of police service to notify changes in criminal history\n\nThis section applies if—\nthe chief executive gives the commissioner of the police service the name of a relevant person for this section; and\nthe commissioner reasonably suspects a person who is charged with an offence is the relevant person.\nThe commissioner must notify the chief executive about the change in the person’s criminal history.\nThe notice must state the following—\nthe person’s name and address;\nthe person’s date of birth;\nthe offence the person is charged with;\nparticulars of the offence;\nthe date of the charge.\nThe chief executive may confirm the suspicions of the commissioner of the police service under subsection (1) .\nIn this section—\nrelevant person means—\na licensed keno employee; or\na keno licensee who is an individual; or\nan individual identified by the Minister as being a business or executive associate of a keno licensee.\ns 240A ins 2009 No. 41 s 62\n(sec.240A-ssec.1) This section applies if— the chief executive gives the commissioner of the police service the name of a relevant person for this section; and the commissioner reasonably suspects a person who is charged with an offence is the relevant person.\n(sec.240A-ssec.2) The commissioner must notify the chief executive about the change in the person’s criminal history.\n(sec.240A-ssec.3) The notice must state the following— the person’s name and address; the person’s date of birth; the offence the person is charged with; particulars of the offence; the date of the charge.\n(sec.240A-ssec.4) The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1) .\n(sec.240A-ssec.5) In this section— relevant person means— a licensed keno employee; or a keno licensee who is an individual; or an individual identified by the Minister as being a business or executive associate of a keno licensee.\n- (a) the chief executive gives the commissioner of the police service the name of a relevant person for this section; and\n- (b) the commissioner reasonably suspects a person who is charged with an offence is the relevant person.\n- (a) the person’s name and address;\n- (b) the person’s date of birth;\n- (c) the offence the person is charged with;\n- (d) particulars of the offence;\n- (e) the date of the charge.\n- (a) a licensed keno employee; or\n- (b) a keno licensee who is an individual; or\n- (c) an individual identified by the Minister as being a business or executive associate of a keno licensee.","sortOrder":324},{"sectionNumber":"sec.241","sectionType":"section","heading":"Delegations","content":"### sec.241 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to—\nthe chief executive; or\nan appropriately qualified inspector or an appropriately qualified officer of the department.\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the public service\ns 241 amd 2005 No. 12 s 67\n(sec.241-ssec.1) The Minister may delegate the Minister’s powers under this Act to— the chief executive; or an appropriately qualified inspector or an appropriately qualified officer of the department.\n(sec.241-ssec.2) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.\n(sec.241-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the public service\n- (a) the chief executive; or\n- (b) an appropriately qualified inspector or an appropriately qualified officer of the department.","sortOrder":325},{"sectionNumber":"sec.241A","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.241A 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 241A ins 2022 No. 23 s 86\n(sec.241A-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.241A-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":326},{"sectionNumber":"sec.242","sectionType":"section","heading":"Approval of forms","content":"### sec.242 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":327},{"sectionNumber":"sec.243","sectionType":"section","heading":"Regulation-making power","content":"### sec.243 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nbe about fees; or\nimpose a penalty of no more than 20 penalty units for contravention of a regulation; or\nbe about—\nestablishing, and operating, a player account; or\nnaming a wager on a keno game; or\ndrawing a keno game; or\nthe abatement of prizes of greater than a prescribed amount; or\nrefunding an amount wagered on a keno game; or\nunpaid prize money; or\nbe about the methods of payment used—\nwith regulated keno equipment; or\nto participate in a keno game; or\nfor paying prizes or refunding an amount wagered on a keno game; or\nfor making a deposit to, or a withdrawal from, a player account.\ns 243 amd 2005 No. 12 s 68 ; 2009 No. 41 s 63 ; 2022 No. 23 s 87\n(sec.243-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.243-ssec.2) A regulation may— be about fees; or impose a penalty of no more than 20 penalty units for contravention of a regulation; or be about— establishing, and operating, a player account; or naming a wager on a keno game; or drawing a keno game; or the abatement of prizes of greater than a prescribed amount; or refunding an amount wagered on a keno game; or unpaid prize money; or be about the methods of payment used— with regulated keno equipment; or to participate in a keno game; or for paying prizes or refunding an amount wagered on a keno game; or for making a deposit to, or a withdrawal from, a player account.\n- (a) be about fees; or\n- (b) impose a penalty of no more than 20 penalty units for contravention of a regulation; or\n- (c) be about— (i) establishing, and operating, a player account; or (ii) naming a wager on a keno game; or (iii) drawing a keno game; or (iv) the abatement of prizes of greater than a prescribed amount; or (v) refunding an amount wagered on a keno game; or (vi) unpaid prize money; or\n- (i) establishing, and operating, a player account; or\n- (ii) naming a wager on a keno game; or\n- (iii) drawing a keno game; or\n- (iv) the abatement of prizes of greater than a prescribed amount; or\n- (v) refunding an amount wagered on a keno game; or\n- (vi) unpaid prize money; or\n- (d) be about the methods of payment used— (i) with regulated keno equipment; or (ii) to participate in a keno game; or (iii) for paying prizes or refunding an amount wagered on a keno game; or (iv) for making a deposit to, or a withdrawal from, a player account.\n- (i) with regulated keno equipment; or\n- (ii) to participate in a keno game; or\n- (iii) for paying prizes or refunding an amount wagered on a keno game; or\n- (iv) for making a deposit to, or a withdrawal from, a player account.\n- (i) establishing, and operating, a player account; or\n- (ii) naming a wager on a keno game; or\n- (iii) drawing a keno game; or\n- (iv) the abatement of prizes of greater than a prescribed amount; or\n- (v) refunding an amount wagered on a keno game; or\n- (vi) unpaid prize money; or\n- (i) with regulated keno equipment; or\n- (ii) to participate in a keno game; or\n- (iii) for paying prizes or refunding an amount wagered on a keno game; or\n- (iv) for making a deposit to, or a withdrawal from, a player account.","sortOrder":328},{"sectionNumber":"pt.13","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":329},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Transitional provision for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999","content":"## Transitional provision for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999","sortOrder":330},{"sectionNumber":"sec.244","sectionType":"section","heading":"Continuation of appeals","content":"### sec.244 Continuation of appeals\n\nThis section applies if—\nan appeal to a Magistrates Court was started under this Act before the commencement of this section; and\nthe appeal was not finally decided before the commencement.\nThis section applies despite the amendment of this Act by the Gaming Machine and Other Legislation Amendment Act (No. 2) 1999 .\nThe appeal may be continued and decided under this Act as in force immediately before the commencement of this section.\ns 244 ins 1999 No. 77 s 192\n(sec.244-ssec.1) This section applies if— an appeal to a Magistrates Court was started under this Act before the commencement of this section; and the appeal was not finally decided before the commencement.\n(sec.244-ssec.2) This section applies despite the amendment of this Act by the Gaming Machine and Other Legislation Amendment Act (No. 2) 1999 .\n(sec.244-ssec.3) The appeal may be continued and decided under this Act as in force immediately before the commencement of this section.\n- (a) an appeal to a Magistrates Court was started under this Act before the commencement of this section; and\n- (b) the appeal was not finally decided before the commencement.","sortOrder":331},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2004","content":"## Transitional provisions for Gambling Legislation Amendment Act 2004","sortOrder":332},{"sectionNumber":"sec.245","sectionType":"section","heading":"Definitions for div 2","content":"### sec.245 Definitions for div 2\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 6 .\ns 245 ins 2004 No. 21 s 85","sortOrder":333},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 ins 2004 No. 21 s 85\nom 2009 No. 24 s 609","sortOrder":334},{"sectionNumber":"sec.247","sectionType":"section","heading":"Direction to rectify under pre-amended Act","content":"### sec.247 Direction to rectify under pre-amended Act\n\nThis section applies to a direction to rectify a matter given to a licensed keno employee under the pre-amended Act, section 65, if, before 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 66 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 6 , had not commenced.\ns 247 ins 2004 No. 21 s 85\n(sec.247-ssec.1) This section applies to a direction to rectify a matter given to a licensed keno employee under the pre-amended Act, section 65, if, 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 66 of that Act in relation to a failure to comply with the direction.\n(sec.247-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 6 , had not commenced.\n- (a) the period for rectifying the matter under that Act has not ended; or\n- (b) the period for rectifying the matter under that Act has ended and action has not been taken under section 66 of that Act in relation to a failure to comply with the direction.","sortOrder":335},{"sectionNumber":"sec.248","sectionType":"section","heading":null,"content":"### Section sec.248\n\ns 248 ins 2004 No. 21 s 85\nom 2009 No. 24 s 610","sortOrder":336},{"sectionNumber":"sec.249","sectionType":"section","heading":"Continuation of obligation under pre-amended Act, s 153","content":"### sec.249 Continuation of obligation under pre-amended Act, s 153\n\nThis section applies to an authorised keno operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 153(2), do an act or thing mentioned in that subsection.\nThe pre-amended Act, section 153(2) and (3), continues to apply to the authorised keno operator as if the Gambling Legislation Amendment Act 2004 , part 6 , had not commenced.\ns 249 ins 2004 No. 21 s 85\n(sec.249-ssec.1) This section applies to an authorised keno operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 153(2), do an act or thing mentioned in that subsection.\n(sec.249-ssec.2) The pre-amended Act, section 153(2) and (3), continues to apply to the authorised keno operator as if the Gambling Legislation Amendment Act 2004 , part 6 , had not commenced.","sortOrder":337},{"sectionNumber":"pt.13-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":338},{"sectionNumber":"sec.250","sectionType":"section","heading":"Continuation of offence under s 117","content":"### sec.250 Continuation of offence under s 117\n\nThis section applies if a person is alleged to have committed an offence against section 117, 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 250 ins 2013 No. 25 s 115\n(sec.250-ssec.1) This section applies if a person is alleged to have committed an offence against section 117, as in force immediately before the commencement of this section.\n(sec.250-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":339},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Decisions of Governor in Council","content":"# Decisions of Governor in Council","sortOrder":340},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Decisions of Minister","content":"# Decisions of Minister","sortOrder":341},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Decisions affecting keno licensees","content":"# Decisions affecting keno licensees","sortOrder":342},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Decisions affecting licensed keno employees","content":"# Decisions affecting licensed keno employees","sortOrder":343},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Decisions affecting keno agents","content":"# Decisions affecting keno agents","sortOrder":344},{"sectionNumber":"sch.2-pt.4","sectionType":"part","heading":"Decisions affecting keno subagents","content":"# Decisions affecting keno subagents","sortOrder":345}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its stated object — regulating keno gambling in Queensland for community benefit through integrity, probity, and harm minimisation. The regulatory machinery (licensing, enforcement, monitoring) is proportionate to and consistent with that stated purpose. There is no evidence from the text that the scope has drifted significantly from its original intent, although the complete exclusion of judicial review (section 41) is a notable feature that goes beyond typical regulatory frameworks."},"complexity_factors":["Multiple interlocking licence types: keno licences (for operators), keno employee licences, and agency arrangements for agents and sub-agents, each with separate rules","Extensive cross-referencing between sections, with many definitions relying on other defined terms (e.g. 'principal keno licensee', 'appointed agent', 'keno agreement') creating a web of interdependent provisions","Multi-stage administrative processes for licence suspension and cancellation, involving different decision-makers at different stages (chief executive, Minister, Governor in Council)","Parallel procedural tracks — separate show cause processes for operator licences (Minister/Governor in Council) versus employee licences (chief executive) with different procedural rules","Ouster clause (section 41) removing judicial review — legally complex and unusual provision with significant constitutional implications","Interaction with other legislation including the Corporations Act, Casino Control Act, and Judicial Review Act 1991","Broad ministerial discretion with vague criteria like 'suitable person', 'public interest', and 'appropriate' left largely undefined in the text","Concepts like 'business associate', 'executive associate', 'key operator', and 'appointed agent' create a complex stakeholder hierarchy requiring careful interpretation","Graduated enforcement powers (censure, direction to rectify, suspension, cancellation, administrator appointment) adding layers of regulatory decision-making","Provisions override other Acts in certain circumstances (e.g. section 47 overriding other laws; section 33 overriding the Corporations Act)"],"plain_english_summary":"The Keno Act 1996 legalises keno in Queensland by creating a strict licensing and oversight regime for operators, employees and venue agents, with background checks, ongoing audits and powers to suspend or cancel licences (including immediate emergency suspensions). It aims to minimise gambling harm while keeping games running under government control. Crucially, key Ministerial and Governor-in-Council decisions about licences are final and not subject to court challenge, removing ordinary avenues for appeal."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has materially expanded beyond a narrow licensing-and-integrity statute. Since its original form it has accumulated substantive new functions and regulatory tools: a statutory harm‑minimisation and self‑exclusion regime (secs 153, 154A–154M; inserted 2004 and later), express rules for interstate pooling of jackpot keno (secs 137A–137B; inserted 2016), detailed financial reporting and auditing regimes (secs 111, 125–132), and expanded inspector and data‑sharing powers (Part 9; secs 171D, 240A). It also contains strong finality clauses limiting judicial review (sec 41) and concentrates discretionary authority in the Minister and chief executive. These additions broaden the Act from licensing and basic consumer protection into an extensive operational and public‑health regulatory regime with significant administrative and compliance burdens on licensees (see secs cited)."},"complexity_factors":["Extensive length and multiple Parts covering licensing, employees, agents, taxation, records, equipment approval, harm minimisation and enforcement","Many defined cross-references and external links (eg. to Corporations Act, QCAT Act, Transport Planning and Coordination Act)","Numerous decision-makers with overlapping powers (Minister, chief executive, inspectors, Governor in Council) and delegated powers (secs 13–19, 31–34, 167, 241)","Multiple conditional show‑cause processes and staged remedies (show‑cause, censor, direction to rectify, suspension, referral to Governor in Council) across Parts 3, 4, 5 and 8 (e.g. secs 25–31, 62–67, 97–101)","Detailed compliance regime: recurring reporting, record retention rules, monthly returns, auditing timelines and certification requirements (secs 111, 122–132, 130–131)","Strong limits on review and judicial challenge (finality clause sec 41; constrained tribunal appeal rights secs 228–236)","Inspector powers are broad and complex (entry with/without warrant, special warrants, seizure, production requirements, personal details and attendance powers — Part 9, secs 172–206)","Multiple exceptions and procedural time limits (e.g. 21‑day show‑cause periods, 7‑day notices, 5‑year record retention) creating procedural complexity","Amendment history embedded in the text (self‑exclusion, pooling, harm minimisation, digital evidence exceptions), increasing conditional provisions and exceptions (secs 137A, 153, 154A–154M)"],"plain_english_summary":"**What this law does (in plain English)**\n\n- This Act sets the legal framework for commercial keno in the State. It creates a licensing system, establishes operational and financial rules for licence-holders, creates offences and penalties, and gives inspectors and government officials powers to monitor and enforce compliance.\n\n**Who it affects**\n\n- Keno licensees (the entities that hold the right to conduct keno games) — their owners, managers and financial officers (see secs 13–16, 19, 125–131).  \n- Appointed agents and subagents who operate keno on a licensee’s behalf (Part 5).  \n- Licensed keno employees and key operators (Part 4).  \n- Players (rules about claiming prizes, self‑exclusion and prohibition of minors; secs 144, 154A–154M, 165–166).  \n- Financial institutions, auditors and approved equipment evaluators (secs 128–131, 145–146, 146A, 204–206).  \n- The Minister, the chief executive of the administering department, inspectors and the Governor in Council (various delegation and enforcement powers throughout the Act).\n\n**How the law works, mechanically (main features and where to find them)**\n\n- Licensing and eligibility: The Minister may issue keno licences only where a written keno agreement exists and the Minister is satisfied about the person’s suitability and that of their business/executive associates (secs 13–16, 14). Licences can carry conditions (sec 19) and cannot be transferred or mortgaged (secs 20–21).\n\n- Licence supervision, suspension and cancellation: The Act sets out grounds for suspension/cancellation (sec 24), a show‑cause process (secs 25–27), immediate suspension powers (secs 28, 64), and final decisions by the Governor in Council where required (secs 31–34). The Minister/chief executive may appoint an administrator to run a licensee’s operations if a licence is cancelled (secs 32–33).\n\n- Employees and key operators: Most staff who perform keno functions must hold a keno employee licence unless exempt (secs 42–44). Special rules cover key operators (secs 45–47) and licensing procedures, fingerprint/photograph requirements, and grounds for suspension/cancellation (secs 48–66, 74A).\n\n- Agents and subagents: Licensees may appoint agents and agents may appoint subagents subject to eligibility, approved forms, notification obligations and chief executive oversight; there are processes for investigating, suspending, censuring and directing termination of agency agreements (Part 5, esp. secs 84–103, 106–108).\n\n- Control systems, records and audits: Licence-holders must have a written control system for each keno game (secs 117–119), keep keno records and accounting records (secs 122–126), retain records for five years (sec 124), submit monthly gross revenue returns (sec 111) and arrange annual independent audits at their cost (secs 130–132).\n\n- Tax and fees: Licence-holders pay monthly keno tax (sec 109) calculated as a percentage of gross revenue under the keno agreement (sec 110), and periodic licence fees set in the keno agreement (sec 112). Late-payment penalties and recovery provisions are specified (secs 114–115, 116).\n\n- Equipment and game rules: Regulated keno equipment must be approved before use and may be evaluated; the chief executive approves equipment and can impose conditions (secs 145–146). The Minister may make rules for how keno is played and licensees must publish those rules (secs 138, 138A).\n\n- Player protections and harm minimisation: The Act provides for harm‑minimisation measures by regulation (sec 153) and a statutory self‑exclusion and exclusion direction regime for people experiencing gambling harm (secs 154A–154M, 154GA). It also prohibits operators and employees from extending credit for gambling (sec 148).\n\n- Offences and enforcement: The Act creates specific keno offences (cheating, forgery, bribery, impersonation, aiding minors, employee participation, etc.; Part 8, e.g. secs 155–166). Inspectors have broad powers to enter, inspect, seize and require documents and information (Part 9, esp. secs 167–206). There are procedural rules for prosecutions and limits on time for summary proceedings (secs 221–224).\n\n- Administrative finality and review: Many executive decisions are made final and non-justiciable (sec 41). However, certain chief executive decisions are reviewable by the tribunal (QCAT) under specified provisions (secs 228–236) with appeals on questions of law to the Court of Appeal only (sec 236).\n\n**Official rationale and how the Act achieves it**\n\n- The Act’s stated object is to ensure the State and community benefit from keno while protecting integrity, probity and minimising harm (sec 1A). Mechanically, the Act attempts to achieve that by: licensing and probity screening (secs 13–19), imposing operational controls, recordkeeping and independent audits (secs 117–132), strict offences and penalties (Part 8), and harm‑minimisation/self‑exclusion powers (secs 153, 154A–154M).\n\n**Costs, incentives, trade-offs and implementation risks (what to watch for)**\n\n- Who pays: licence-holders pay taxes, licence fees and audit/evaluation costs (secs 109–112, 130–131). They also bear compliance costs: written control systems (secs 117–119), record retention (sec 124), frequent reporting (sec 111) and equipment approvals (secs 145–146).\n\n- Who decides: key discretionary decisions sit with the Minister and the chief executive (issuing and conditioning licences, approving agreements, directing termination, ordering additional control system details — see secs 13–19, 119, 135–137). Governor in Council decisions control suspensions/cancellations where prescribed (secs 31–34). Inspectors have operational enforcement discretion (Part 9).\n\n- Behavioural incentives: the Act incentivises licensees to invest in internal controls and compliance (to avoid suspension/cancellation and financial penalties) and discourages operators from extending credit (sec 148). It creates compliance incentives for agents and subagents through notification and termination directions (Part 5).\n\n- Concentrated benefits vs diffuse costs: licence issuance and approval powers are concentrated in the Minister/chief executive (secs 13–16, 19, 85). That creates the potential for concentrated commercial advantage among licence-holders or approved agents; the Act offsets that with strict reporting, auditing and public-interest grounds for intervention (secs 117–132, 24, 31–33). The compliance burden and tax costs are borne by a relatively small set of licensees and passed, in part, through to consumers.\n\n- Implementation risk and administrative load: the scheme requires active regulation (approvals, audits, inspections), data handling, and enforcement capacity. Newer measures such as harm‑minimisation prescriptions (sec 153) and self‑exclusion regimes (secs 154A–154M) will require operational systems, training and ongoing monitoring. Inspectors’ powers and seizure/forfeiture processes (secs 172–196, 190–191) also demand clear procedures to limit disputes and compensation claims (sec 211).\n\n- Limits on judicial review and dispute resolution: section 41 removes many routes for judicial review of Minister/Governor in Council decisions, concentrating review options into the statutory tribunal process (secs 228–236). That reduces litigation avenues and raises the importance of administrative fairness in the Act’s internal processes (show‑cause periods, rights to make representations — e.g. secs 25–27, 62–63, 97).\n\n- Effects on private choice and competition: the Act tightly controls who can operate (eligibility, approved places, agents, equipment), which restricts entry and the contractual freedom of licensees (secs 85, 142, 145–146). It also restricts some commercial practices (no loans/credit for play — sec 148) and regulates advertising (secs 149–150).\n\n**Key practical takeaways**\n\n- License applicants face a detailed probity and suitability check and must negotiate a keno agreement with the State before a licence will be issued (secs 14–16).  \n- Licensees carry substantial ongoing compliance obligations (control systems, records, audits, tax returns) and must be ready to respond to investigations, show‑cause notices and directions (secs 111, 117–119, 122–132, 24–33).  \n- The Minister and chief executive have broad discretionary powers; many executive decisions are effectively final and access to ordinary judicial review is tightly constrained (sec 41; review paths via QCAT are narrow — sec 236).  \n- Player protection is embedded (self‑exclusion, exclusion directions, harm‑minimisation by regulation) but will require operational systems and training to implement (secs 153, 154A–154M)."},"kimi_summary":{"_metrics":{"completionTokens":729},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1996 form. Major additions include: harm minimisation measures (2022), self-exclusion and exclusion direction schemes for problem gamblers (2004, expanded 2024), keno pooling agreements for interstate jackpot games (2016), and enhanced inspector powers. The employee licensing scheme has been repeatedly amended (notably 2004, 2013, 2023). The scope has grown from basic licensing and integrity controls to include substantial consumer protection and problem gambling measures."},"complexity_factors":["Multiple overlapping licensing regimes (licensee, employee, agent, subagent) with different rules","Extensive cross-referencing between sections — e.g., 'associated keno agreements', 'approved keno games', 'principal keno licensee'","Nested conditional logic in investigation and enforcement powers (e.g., sec. 36: investigations allowed only if Minister reasonably suspects OR under audit program OR if associate became associate after licence issued AND not previously investigated)","Show cause notice procedures with multiple stages and branching outcomes (censure, direction to rectify, suspension, cancellation, or no action)","Harm minimisation and exclusion provisions added by amendments creating layered regulatory requirements","Tax calculation provisions with GST deductions and penalty structures","Inspector powers with warrant/consent distinctions and special warrant procedures for remote/urgent circumstances","Non-justiciability clause (sec. 41) making Minister/Governor in Council decisions immune from judicial review"],"plain_english_summary":"This legislation regulates **keno gambling** in Queensland, Australia. Keno is a lottery-style game where players bet on numbers being drawn.\n\n**What the Act does:**\n- **Legalises keno gambling** but only under strict government control — it makes keno lawful only when conducted by licensed operators (\"keno licensees\") under a state-issued licence\n- **Creates a licensing system** where the Minister can issue licences to suitable persons/companies, with extensive checks on character, financial background, and business ability\n- **Regulates employees** — anyone working in keno operations needs a \"keno employee licence\" (with exemptions for minor roles), including fingerprinting and background checks\n- **Controls agents and subagents** — licensees can appoint agents to operate keno on their behalf, but these relationships are tightly regulated and can be terminated for misconduct\n- **Sets tax and fees** — licensees must pay monthly keno tax (a percentage of gross revenue) and licence fees\n- **Requires compliance systems** — licensees must maintain written \"control systems\" for game integrity, financial records, and audits\n- **Protects players and the public** — includes harm minimisation measures, self-exclusion programs for problem gamblers, rules against cheating, and restrictions on minors\n- **Empowers inspectors** — appointed officials can enter premises, seize evidence, demand documents, and investigate offences\n\n**Who it affects:**\n- Keno licensees (the main operators)\n- Licensed keno employees and \"key operators\" (senior staff)\n- Appointed agents and subagents (venues that host keno)\n- Players, particularly through harm minimisation and exclusion provisions\n\n**Why it matters:**\nThe Act tries to balance allowing keno gambling (which generates state revenue) with protecting against fraud, money laundering, problem gambling, and organised crime infiltration. It gives government extensive powers to investigate, suspend, and cancel licences for integrity or public interest reasons."}},"importantCases":[],"_links":{"self":"/api/acts/keno-act-1996","history":"/api/acts/keno-act-1996/history","analysis":"/api/acts/keno-act-1996/analysis","conflicts":"/api/acts/keno-act-1996/conflicts","importantCases":"/api/acts/keno-act-1996/important-cases","documents":"/api/acts/keno-act-1996/documents"}}