{"id":"qld:act-1998-015","name":"Wagering Act 1998","slug":"wagering-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"15 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104669,"registerId":"qld-act-1998-015-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Wagering Act 1998 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Object","content":"### sec.2A Object\n\nThe object of this Act is to ensure that, on balance, the State and the community as a whole benefit from wagering.\nThe balance is achieved by allowing wagering 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 wagering; and\nminimising the potential for harm from wagering.\ns 2A ins 2000 No. 51 s 98\n(sec.2A-ssec.1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from wagering.\n(sec.2A-ssec.2) The balance is achieved by allowing wagering 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 wagering; and minimising the potential for harm from wagering.\n- (a) ensuring the integrity and fairness of games; and\n- (b) ensuring the probity of those involved in the conduct of wagering; and\n- (c) minimising the potential for harm from wagering.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":5},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 3 amd 2018 No. 13 s 90 sch 2","sortOrder":6},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Basic concepts","content":"## Basic concepts","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of exclusivity period","content":"### sec.4 Meaning of exclusivity period\n\nThe exclusivity period , for a race wagering licence, is the period starting on 1 July 2014 and ending—\n30 years after 1 July 2014; or\nif, within the period of 30 years after 1 July 2014, a race wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.\nThe exclusivity period , for a sports wagering licence, is the period starting on 1 July 2014 and ending—\n30 years after 1 July 2014; or\nif, within the period of 30 years after 1 July 2014, a sports wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.\ns 4 amd 2004 No. 21 s 123 sch\nsub 2014 No. 53 s 5\namd 2018 No. 13 s 90 sch 2\n(sec.4-ssec.1) The exclusivity period , for a race wagering licence, is the period starting on 1 July 2014 and ending— 30 years after 1 July 2014; or if, within the period of 30 years after 1 July 2014, a race wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.\n(sec.4-ssec.2) The exclusivity period , for a sports wagering licence, is the period starting on 1 July 2014 and ending— 30 years after 1 July 2014; or if, within the period of 30 years after 1 July 2014, a sports wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.\n- (a) 30 years after 1 July 2014; or\n- (b) if, within the period of 30 years after 1 July 2014, a race wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.\n- (a) 30 years after 1 July 2014; or\n- (b) if, within the period of 30 years after 1 July 2014, a sports wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of oncourse wagering permit","content":"### sec.5 Meaning of oncourse wagering permit\n\nAn oncourse wagering permit is a permit authorising the permit holder to conduct oncourse wagering by means of a totalisator by accepting investments placed by persons at a race meeting conducted by the permit holder at a licensed venue.\nSubsection (1) applies only to investments that—\nare placed by persons at the licensed venue stated in the permit; and\nrelate to races held at the race meeting conducted by the permit holder.\ns 5 amd 2004 No. 21 s 107\n(sec.5-ssec.1) An oncourse wagering permit is a permit authorising the permit holder to conduct oncourse wagering by means of a totalisator by accepting investments placed by persons at a race meeting conducted by the permit holder at a licensed venue.\n(sec.5-ssec.2) Subsection (1) applies only to investments that— are placed by persons at the licensed venue stated in the permit; and relate to races held at the race meeting conducted by the permit holder.\n- (a) are placed by persons at the licensed venue stated in the permit; and\n- (b) relate to races held at the race meeting conducted by the permit holder.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of race wagering licence","content":"### sec.6 Meaning of race wagering licence\n\nA race wagering licence is a licence authorising the race wagering licensee to conduct wagering on an event or contingency that—\nis, or relates to, thoroughbred, harness or greyhound racing; and\nmay be lawfully held in Queensland or elsewhere.\ns 6 sub 2004 No. 21 s 108\n- (a) is, or relates to, thoroughbred, harness or greyhound racing; and\n- (b) may be lawfully held in Queensland or elsewhere.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of sports wagering licence","content":"### sec.7 Meaning of sports wagering licence\n\nA sports wagering licence is a licence authorising the sports wagering licensee to conduct wagering on—\na sporting event or sporting contingency (whether in Australia or elsewhere); or\na simulated event or simulated contingency approved by the Minister under section 57 ; or\na non-sporting event, or a contingency relating to a non-sporting event, approved by the Minister under section 57 .\nHowever, a sports wagering licence does not authorise the sports wagering licensee to conduct wagering on an event or contingency for which wagering is authorised to be conducted under a race wagering licence.\ns 7 amd 2022 No. 23 s 100\n(sec.7-ssec.1) A sports wagering licence is a licence authorising the sports wagering licensee to conduct wagering on— a sporting event or sporting contingency (whether in Australia or elsewhere); or a simulated event or simulated contingency approved by the Minister under section 57 ; or a non-sporting event, or a contingency relating to a non-sporting event, approved by the Minister under section 57 .\n(sec.7-ssec.2) However, a sports wagering licence does not authorise the sports wagering licensee to conduct wagering on an event or contingency for which wagering is authorised to be conducted under a race wagering licence.\n- (a) a sporting event or sporting contingency (whether in Australia or elsewhere); or\n- (b) a simulated event or simulated contingency approved by the Minister under section 57 ; or\n- (c) a non-sporting event, or a contingency relating to a non-sporting event, approved by the Minister under section 57 .","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of totalisator","content":"### sec.8 Meaning of totalisator\n\nA totalisator is a system used—\nto enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of the events or contingencies; and\nto enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes.\nA totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated.\nIn subsection (1) (b) , a reference to the totalisator pool is a reference to the amount left from the investments after—\nmaking allowances for refunds of investments; and\ndeducting commission for the conduct of the totalisator; and\nadding any pool top-up amount.\nIn this section—\nminimum pool amount , for a totalisator, means an amount worked out by using the formula—\nwhere—\nMPA means the minimum pool amount.\nA means an amount that the authority operator for the totalisator advertises is the minimum amount that will, after amounts are refunded and deducted as commission, be available for the payment of dividends out of the totalisator for an event or contingency.\nR means an amount paid out of the totalisator as a refund of an investment.\nC means the amount that would be deducted as commission if the amount invested in the totalisator equalled A minus R.\npool top-up amount , for a totalisator, means an amount added by an authority operator to the totalisator so the amount available for the payment of dividends equals the minimum pool amount for the totalisator.\ns 8 amd 2014 No. 30 s 43\n(sec.8-ssec.1) A totalisator is a system used— to enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of the events or contingencies; and to enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes.\n(sec.8-ssec.2) A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated.\n(sec.8-ssec.3) In subsection (1) (b) , a reference to the totalisator pool is a reference to the amount left from the investments after— making allowances for refunds of investments; and deducting commission for the conduct of the totalisator; and adding any pool top-up amount.\n(sec.8-ssec.4) In this section— minimum pool amount , for a totalisator, means an amount worked out by using the formula— where— MPA means the minimum pool amount. A means an amount that the authority operator for the totalisator advertises is the minimum amount that will, after amounts are refunded and deducted as commission, be available for the payment of dividends out of the totalisator for an event or contingency. R means an amount paid out of the totalisator as a refund of an investment. C means the amount that would be deducted as commission if the amount invested in the totalisator equalled A minus R. pool top-up amount , for a totalisator, means an amount added by an authority operator to the totalisator so the amount available for the payment of dividends equals the minimum pool amount for the totalisator.\n- (a) to enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of the events or contingencies; and\n- (b) to enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes.\n- (a) making allowances for refunds of investments; and\n- (b) deducting commission for the conduct of the totalisator; and\n- (c) adding any pool top-up amount.","sortOrder":12},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Other interpretative matters","content":"## Other interpretative matters","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"References to applicants for oncourse wagering permits and permit holders","content":"### sec.9 References to applicants for oncourse wagering permits and permit holders\n\nThis section applies if the applicant for an oncourse wagering permit or a permit holder is an unincorporated body of persons.\nIn this Act, a reference to the applicant or permit holder is a reference to each person who is a member of the management committee of the body.\n(sec.9-ssec.1) This section applies if the applicant for an oncourse wagering permit or a permit holder is an unincorporated body of persons.\n(sec.9-ssec.2) In this Act, a reference to the applicant or permit holder is a reference to each person who is a member of the management committee of the body.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"References to investments","content":"### sec.10 References to investments\n\nIn this Act, a reference to an amount invested (whether in a totalisator or otherwise) is a reference to the amount invested, less any amount repayable to the investor by way of a refund (whether because of the cancellation or calling off of a bet or for any other reason).","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Lawfulness of wagering","content":"# Lawfulness of wagering","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Lawful activities","content":"### sec.11 Lawful activities\n\nThe following activities are lawful—\nthe conduct, under this Act, of a totalisator by a wagering licensee under a wagering licence;\nthe conduct, under this Act and the relevant wagering management agreement, of a totalisator by a wagering manager under a wagering licence;\nthe conduct, under this Act, of a totalisator by a permit holder under an oncourse wagering permit;\nthe conduct, under this Act, of wagering (on a fixed odds basis) by a wagering licensee under a wagering licence;\nthe conduct, under this Act and the relevant wagering management agreement, of wagering (on a fixed odds basis) by a wagering manager under a wagering licence;\nthe carrying on of a wagering agent’s operations under this Act and the relevant agency agreement;\nthe use of approved wagering equipment by a wagering licensee, manager or agent or permit holder;\nbetting, under this Act, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering licensee under a wagering licence;\nbetting, under this Act and the relevant wagering management agreement, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering manager under a wagering licence;\nbetting, under this Act, by a person (by means of a totalisator) for wagering conducted by a permit holder under an oncourse wagering permit;\nthe doing of anything else required or authorised to be done under this Act.\n- (a) the conduct, under this Act, of a totalisator by a wagering licensee under a wagering licence;\n- (b) the conduct, under this Act and the relevant wagering management agreement, of a totalisator by a wagering manager under a wagering licence;\n- (c) the conduct, under this Act, of a totalisator by a permit holder under an oncourse wagering permit;\n- (d) the conduct, under this Act, of wagering (on a fixed odds basis) by a wagering licensee under a wagering licence;\n- (e) the conduct, under this Act and the relevant wagering management agreement, of wagering (on a fixed odds basis) by a wagering manager under a wagering licence;\n- (f) the carrying on of a wagering agent’s operations under this Act and the relevant agency agreement;\n- (g) the use of approved wagering equipment by a wagering licensee, manager or agent or permit holder;\n- (h) betting, under this Act, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering licensee under a wagering licence;\n- (i) betting, under this Act and the relevant wagering management agreement, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering manager under a wagering licence;\n- (j) betting, under this Act, by a person (by means of a totalisator) for wagering conducted by a permit holder under an oncourse wagering permit;\n- (k) the doing of anything else required or authorised to be done under this Act.","sortOrder":17},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Offences about totalisators","content":"### sec.11A Offences about totalisators\n\nA person must not—\noperate, or take part in operating, a totalisator other than under this Act; or\nbet on a totalisator other than under this Act or a law of another State; or\nask to be another person’s agent for betting on a totalisator; or\nact as agent of another person (the second person ) for betting on a totalisator if that person and the second person agree, expressly or impliedly, that the person acting as agent will receive consideration from the second person.\nMaximum penalty—100 penalty units or 6 months imprisonment.\nFor subsection (1) (b) , a reference to a totalisator includes—\na system that is substantially similar to a system mentioned in section 8 (1) ; and\nan instrument, machine or device under which a system mentioned in paragraph (a) is operated.\ns 11A ins 2002 No. 58 s 398 (1) sch 2 pt 1\namd 2018 No. 13 s 81\n(sec.11A-ssec.1) A person must not— operate, or take part in operating, a totalisator other than under this Act; or bet on a totalisator other than under this Act or a law of another State; or ask to be another person’s agent for betting on a totalisator; or act as agent of another person (the second person ) for betting on a totalisator if that person and the second person agree, expressly or impliedly, that the person acting as agent will receive consideration from the second person. Maximum penalty—100 penalty units or 6 months imprisonment.\n(sec.11A-ssec.2) For subsection (1) (b) , a reference to a totalisator includes— a system that is substantially similar to a system mentioned in section 8 (1) ; and an instrument, machine or device under which a system mentioned in paragraph (a) is operated.\n- (a) operate, or take part in operating, a totalisator other than under this Act; or\n- (b) bet on a totalisator other than under this Act or a law of another State; or\n- (c) ask to be another person’s agent for betting on a totalisator; or\n- (d) act as agent of another person (the second person ) for betting on a totalisator if that person and the second person agree, expressly or impliedly, that the person acting as agent will receive consideration from the second person.\n- (a) a system that is substantially similar to a system mentioned in section 8 (1) ; and\n- (b) an instrument, machine or device under which a system mentioned in paragraph (a) is operated.","sortOrder":18},{"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 wagering, including, in particular, the Racing Integrity Act 2016 .\nNothing in this Act applies to a person carrying on bookmaking under the Racing Integrity Act 2016 under a racing bookmaker’s licence.\ns 12 amd 2000 No. 21 s 47 ; 2002 No. 58 s 398 (1) sch 2 pt 1 ; 2016 No. 12 s 389 s ch 2 pt 2\n(sec.12-ssec.1) Section 11 has effect despite any other law dealing with wagering, including, in particular, the Racing Integrity Act 2016 .\n(sec.12-ssec.2) Nothing in this Act applies to a person carrying on bookmaking under the Racing Integrity Act 2016 under a racing bookmaker’s licence.","sortOrder":19},{"sectionNumber":"pt.4","sectionType":"part","heading":"Wagering authorities","content":"# Wagering authorities","sortOrder":20},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Suitability of persons","content":"## Suitability of persons","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Suitability of involved persons","content":"### sec.13 Suitability of involved persons\n\nThis section applies to the Minister in deciding whether—\nan applicant for a wagering licence (the involved person ) is a suitable person to hold a wagering licence; or\na wagering licensee (also the involved person ) is a suitable person to hold a wagering licence; or\nan applicant for an oncourse wagering permit (also the involved person ) is a suitable person to hold an oncourse wagering permit; or\na permit holder (also the involved person ) is a suitable person to hold an oncourse wagering permit.\nThe Minister may have regard to the following matters—\nthe involved person’s character or business reputation;\nthe involved person’s current financial position and financial background;\nif the involved person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;\nwhether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of operations conducted under a wagering authority of the kind applied for, or held, by the involved person;\nwhether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;\nwhether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;\nif the involved person has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nanything else prescribed under a regulation.\n(sec.13-ssec.1) This section applies to the Minister in deciding whether— an applicant for a wagering licence (the involved person ) is a suitable person to hold a wagering licence; or a wagering licensee (also the involved person ) is a suitable person to hold a wagering licence; or an applicant for an oncourse wagering permit (also the involved person ) is a suitable person to hold an oncourse wagering permit; or a permit holder (also the involved person ) is a suitable person to hold an oncourse wagering permit.\n(sec.13-ssec.2) The Minister may have regard to the following matters— the involved person’s character or business reputation; the involved person’s current financial position and financial background; if the involved person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure; whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of operations conducted under a wagering authority of the kind applied for, or held, by the involved person; whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person; whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person; if the involved person has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background; anything else prescribed under a regulation.\n- (a) an applicant for a wagering licence (the involved person ) is a suitable person to hold a wagering licence; or\n- (b) a wagering licensee (also the involved person ) is a suitable person to hold a wagering licence; or\n- (c) an applicant for an oncourse wagering permit (also the involved person ) is a suitable person to hold an oncourse wagering permit; or\n- (d) a permit holder (also the involved person ) is a suitable person to hold an oncourse wagering permit.\n- (a) the involved person’s character or business reputation;\n- (b) the involved person’s current financial position and financial background;\n- (c) if the involved person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;\n- (d) whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of operations conducted under a wagering authority of the kind applied for, or held, by the involved person;\n- (e) whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;\n- (f) whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;\n- (g) if the involved person has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (h) anything else prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":"Suitability of associates","content":"### sec.14 Suitability of associates\n\nThis section applies to the Minister in deciding whether—\na business or executive associate of an applicant for a wagering licence is a suitable person to be associated with a wagering licensee’s operations; or\na business or executive associate of a wagering licensee is a suitable person to be associated with a wagering licensee’s operations; or\na business or executive associate of an applicant for an oncourse wagering permit is a suitable person to be associated with a permit holder’s operations; or\na business or executive associate of a permit holder is a suitable person to be associated with a permit holder’s operations.\nThe Minister may have regard to the following matters—\nthe associate’s character or business reputation;\nthe associate’s current financial position and financial background;\nif the associate has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nanything else prescribed under a regulation.\n(sec.14-ssec.1) This section applies to the Minister in deciding whether— a business or executive associate of an applicant for a wagering licence is a suitable person to be associated with a wagering licensee’s operations; or a business or executive associate of a wagering licensee is a suitable person to be associated with a wagering licensee’s operations; or a business or executive associate of an applicant for an oncourse wagering permit is a suitable person to be associated with a permit holder’s operations; or a business or executive associate of a permit holder is a suitable person to be associated with a permit holder’s operations.\n(sec.14-ssec.2) The Minister may have regard to the following matters— the associate’s character or business reputation; the associate’s current financial position and financial background; if the associate has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background; anything else prescribed under a regulation.\n- (a) a business or executive associate of an applicant for a wagering licence is a suitable person to be associated with a wagering licensee’s operations; or\n- (b) a business or executive associate of a wagering licensee is a suitable person to be associated with a wagering licensee’s operations; or\n- (c) a business or executive associate of an applicant for an oncourse wagering permit is a suitable person to be associated with a permit holder’s operations; or\n- (d) a business or executive associate of a permit holder is a suitable person to be associated with a permit holder’s operations.\n- (a) the associate’s character or business reputation;\n- (b) the associate’s current financial position and financial background;\n- (c) if the associate has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (d) anything else prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Other matters about suitability","content":"### sec.15 Other matters about suitability\n\nSections 13 and 14 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.","sortOrder":24},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Applications for, and issue of, wagering authorities","content":"## Applications for, and issue of, wagering authorities","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application for race wagering licence","content":"### sec.16 Application for race wagering licence\n\nAn application for a race wagering licence may only be made by a corporation.\nDuring the exclusivity period for a race wagering licence, an application for a race wagering licence may be made only by UBET or a UBET subsidiary.\ns 16 amd 2004 No. 21 s 123 sch ; 2014 No. 53 s 6 ; 2018 No. 13 s 90 sch 2\n(sec.16-ssec.1) An application for a race wagering licence may only be made by a corporation.\n(sec.16-ssec.2) During the exclusivity period for a race wagering licence, an application for a race wagering licence may be made only by UBET or a UBET subsidiary.","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application for sports wagering licence","content":"### sec.17 Application for sports wagering licence\n\nAn application for a sports wagering licence may only be made by a corporation.\nDuring the exclusivity period for a sports wagering licence, an application for a sports wagering licence may be made only by UBET or a UBET subsidiary.\ns 17 amd 2004 No. 21 s 123 sch ; 2014 No. 53 s 7 ; 2018 No. 13 s 90 sch 2\n(sec.17-ssec.1) An application for a sports wagering licence may only be made by a corporation.\n(sec.17-ssec.2) During the exclusivity period for a sports wagering licence, an application for a sports wagering licence may be made only by UBET or a UBET subsidiary.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Application for oncourse wagering permit","content":"### sec.18 Application for oncourse wagering permit\n\nAn application for an oncourse wagering permit may only be made by a licensed club.\ns 18 amd 2004 No. 21 s 123 sch","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Requirements about applications","content":"### sec.19 Requirements about applications\n\nAn application for a wagering authority must—\nbe made to the Minister; and\nbe in the approved form; and\nbe accompanied by any application fee prescribed under a regulation.\n- (a) be made to the Minister; and\n- (b) be in the approved form; and\n- (c) be accompanied by any application fee prescribed under a regulation.","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Further information or documents to support application","content":"### sec.20 Further information or documents to support application\n\nThe Minister may, by written notice given to an applicant for a wagering authority, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.\nThe requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.\n(sec.20-ssec.1) The Minister may, by written notice given to an applicant for a wagering authority, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.\n(sec.20-ssec.2) The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Consideration of application","content":"### sec.21 Consideration of application\n\nThe Minister must consider an application for a wagering authority and either grant or refuse to grant the application.\nHowever, the Minister is not required to decide an application if—\nthe Minister has given the applicant a notice under section 20 requiring the applicant to give the Minister further information or a document about the application; and\nthe applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.\n(sec.21-ssec.1) The Minister must consider an application for a wagering authority and either grant or refuse to grant the application.\n(sec.21-ssec.2) However, the Minister is not required to decide an application if— the Minister has given the applicant a notice under section 20 requiring the applicant to give the Minister further information or a document about the application; and the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.\n- (a) the Minister has given the applicant a notice under section 20 requiring the applicant to give the Minister further information or a document about the application; and\n- (b) the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conditions for granting application for wagering licence","content":"### sec.22 Conditions for granting application for wagering licence\n\nDuring the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the applicant is UBET or a UBET subsidiary.\nDuring the exclusivity period for a sports wagering licence, the Minister may grant an application for a sports wagering licence only if the applicant is UBET or a UBET subsidiary.\nIf, in relation to an application for a race wagering licence, the Minister considers that, to ensure the effective conduct of authorised wagering under the licence, it would be necessary for the applicant to enter into arrangements with a racing entity, the Minister may grant the application only if the Minister is satisfied the applicant has entered into, or is in a position to enter into, appropriate arrangements with a racing entity.\nAfter the end of the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the Minister is satisfied, having regard to relevant market conditions at the time, that appropriate commercial arrangements have been made between the interested parties that the Minister considers are no less favourable to the race companies than the arrangements last in force between the race companies and the initial licensee.\nAlso, the Minister may grant an application for a wagering licence only if the Minister is satisfied—\nthe applicant is a suitable person to hold a wagering licence; and\neach business and executive associate of the applicant is a suitable person to be associated with a wagering licensee’s operations.\nHowever, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (5) .\nIn this section—\ncommercial arrangements includes commercial arrangements about the conduct of approved wagering.\ninitial licensee means the race wagering licensee under a race wagering licence issued on the day this section commences.\ninterested parties means the initial licensee, the applicant for the race wagering licence and the race companies.\nrace companies means Queensland Race Co Ltd (ACN 081 743 777) and Queensland Race Product Co Ltd (ACN 081 743 722).\nracing entity means a control body under the Racing Act 2002 .\ns 22 amd 2004 No. 21 s 123 sch ; 2014 No. 53 s 8 ; 2018 No. 13 s 90 sch 2\n(sec.22-ssec.1) During the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the applicant is UBET or a UBET subsidiary.\n(sec.22-ssec.2) During the exclusivity period for a sports wagering licence, the Minister may grant an application for a sports wagering licence only if the applicant is UBET or a UBET subsidiary.\n(sec.22-ssec.3) If, in relation to an application for a race wagering licence, the Minister considers that, to ensure the effective conduct of authorised wagering under the licence, it would be necessary for the applicant to enter into arrangements with a racing entity, the Minister may grant the application only if the Minister is satisfied the applicant has entered into, or is in a position to enter into, appropriate arrangements with a racing entity.\n(sec.22-ssec.4) After the end of the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the Minister is satisfied, having regard to relevant market conditions at the time, that appropriate commercial arrangements have been made between the interested parties that the Minister considers are no less favourable to the race companies than the arrangements last in force between the race companies and the initial licensee.\n(sec.22-ssec.5) Also, the Minister may grant an application for a wagering licence only if the Minister is satisfied— the applicant is a suitable person to hold a wagering licence; and each business and executive associate of the applicant is a suitable person to be associated with a wagering licensee’s operations.\n(sec.22-ssec.6) However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (5) .\n(sec.22-ssec.7) In this section— commercial arrangements includes commercial arrangements about the conduct of approved wagering. initial licensee means the race wagering licensee under a race wagering licence issued on the day this section commences. interested parties means the initial licensee, the applicant for the race wagering licence and the race companies. race companies means Queensland Race Co Ltd (ACN 081 743 777) and Queensland Race Product Co Ltd (ACN 081 743 722). racing entity means a control body under the Racing Act 2002 .\n- (a) the applicant is a suitable person to hold a wagering licence; and\n- (b) each business and executive associate of the applicant is a suitable person to be associated with a wagering licensee’s operations.","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Conditions for granting application for oncourse wagering permit","content":"### sec.23 Conditions for granting application for oncourse wagering permit\n\nThe Minister may grant an application for an oncourse wagering permit only if—\nthe Minister is satisfied—\nthe applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and\ndespite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or\nthe Minister is satisfied the licence operator has refused or failed to enter into an agency agreement with the licensed club.\nAlso, the Minister may grant an application for an oncourse wagering permit only if the Minister is satisfied—\nthe applicant is a suitable person to hold an oncourse wagering permit; and\neach business and executive associate of the applicant is a suitable person to be associated with a permit holder’s operations.\nHowever, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (2) .\ns 23 amd 2004 No. 21 s 123 sch\n(sec.23-ssec.1) The Minister may grant an application for an oncourse wagering permit only if— the Minister is satisfied— the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or the Minister is satisfied the licence operator has refused or failed to enter into an agency agreement with the licensed club.\n(sec.23-ssec.2) Also, the Minister may grant an application for an oncourse wagering permit only if the Minister is satisfied— the applicant is a suitable person to hold an oncourse wagering permit; and each business and executive associate of the applicant is a suitable person to be associated with a permit holder’s operations.\n(sec.23-ssec.3) However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (2) .\n- (a) the Minister is satisfied— (i) the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and (ii) despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or\n- (i) the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and\n- (ii) despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or\n- (b) the Minister is satisfied the licence operator has refused or failed to enter into an agency agreement with the licensed club.\n- (i) the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and\n- (ii) despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or\n- (a) the applicant is a suitable person to hold an oncourse wagering permit; and\n- (b) each business and executive associate of the applicant is a suitable person to be associated with a permit holder’s operations.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Investigation of suitability of persons","content":"### sec.24 Investigation of suitability of persons\n\nThe chief executive may investigate an applicant for a wagering authority to help the Minister decide whether the applicant is a suitable person to hold a wagering authority of the kind applied for.\nThe chief executive may investigate a business or executive associate of an applicant for a wagering authority to help the Minister decide—\nfor an application for a wagering licence—whether the associate is a suitable person to be associated with a wagering licensee’s operations; or\nfor an application for an oncourse wagering permit—whether the associate is a suitable person to be associated with a permit holder’s operations.\n(sec.24-ssec.1) The chief executive may investigate an applicant for a wagering authority to help the Minister decide whether the applicant is a suitable person to hold a wagering authority of the kind applied for.\n(sec.24-ssec.2) The chief executive may investigate a business or executive associate of an applicant for a wagering authority to help the Minister decide— for an application for a wagering licence—whether the associate is a suitable person to be associated with a wagering licensee’s operations; or for an application for an oncourse wagering permit—whether the associate is a suitable person to be associated with a permit holder’s operations.\n- (a) for an application for a wagering licence—whether the associate is a suitable person to be associated with a wagering licensee’s operations; or\n- (b) for an application for an oncourse wagering permit—whether the associate is a suitable person to be associated with a permit holder’s operations.","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Criminal history reports for investigations","content":"### sec.25 Criminal history reports for investigations\n\nIf the chief executive in investigating a person under section 24 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.25-ssec.1) If the chief executive in investigating a person under section 24 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.25-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Decision on application","content":"### sec.26 Decision on application\n\nIf the Minister decides to grant an application for a wagering authority, the Minister must promptly issue the authority to the applicant.\nAn oncourse wagering permit may be issued—\nfor a stated term (not longer than 5 years); or\nfor a stated race meeting or race meetings.\nIf the Minister decides to refuse to grant an application for a wagering authority, the Minister must promptly give the applicant written notice of the decision.\n(sec.26-ssec.1) If the Minister decides to grant an application for a wagering authority, the Minister must promptly issue the authority to the applicant.\n(sec.26-ssec.2) An oncourse wagering permit may be issued— for a stated term (not longer than 5 years); or for a stated race meeting or race meetings.\n(sec.26-ssec.3) If the Minister decides to refuse to grant an application for a wagering authority, the Minister must promptly give the applicant written notice of the decision.\n- (a) for a stated term (not longer than 5 years); or\n- (b) for a stated race meeting or race meetings.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Conditions of authority","content":"### sec.27 Conditions of authority\n\nThe Minister may issue a wagering authority—\non conditions the Minister considers necessary or desirable for the proper conduct of authorised wagering under the wagering authority; and\non other conditions the Minister considers necessary or desirable in the public interest.\n- (a) on conditions the Minister considers necessary or desirable for the proper conduct of authorised wagering under the wagering authority; and\n- (b) on other conditions the Minister considers necessary or desirable in the public interest.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Form of authority","content":"### sec.28 Form of authority\n\nA wagering authority must be in the approved form.\nThe approved form must provide for the inclusion of the following particulars—\nthe name of the authority holder;\nthe date of issue of the authority;\nthe term of the authority or, for an oncourse wagering permit, the race meeting or race meetings for which the permit is issued;\nfor an oncourse wagering permit—the licensed venue for which the permit is issued;\nthe conditions of the authority;\nany other particulars prescribed under a regulation.\ns 28 amd 2004 No. 21 s 109\n(sec.28-ssec.1) A wagering authority must be in the approved form.\n(sec.28-ssec.2) The approved form must provide for the inclusion of the following particulars— the name of the authority holder; the date of issue of the authority; the term of the authority or, for an oncourse wagering permit, the race meeting or race meetings for which the permit is issued; for an oncourse wagering permit—the licensed venue for which the permit is issued; the conditions of the authority; any other particulars prescribed under a regulation.\n- (a) the name of the authority holder;\n- (b) the date of issue of the authority;\n- (c) the term of the authority or, for an oncourse wagering permit, the race meeting or race meetings for which the permit is issued;\n- (d) for an oncourse wagering permit—the licensed venue for which the permit is issued;\n- (e) the conditions of the authority;\n- (f) any other particulars prescribed under a regulation.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Term of licence","content":"### sec.29 Term of licence\n\nA wagering licence remains in force for the term stated in the licence.\nSubsection (1) applies subject to this Act.\n(sec.29-ssec.1) A wagering licence remains in force for the term stated in the licence.\n(sec.29-ssec.2) Subsection (1) applies subject to this Act.","sortOrder":39},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Extension of wagering licence","content":"### sec.29A Extension of wagering licence\n\nA wagering licensee may apply for an extension (an extension application) of the term of the licensee’s licence.\nAn extension application must be made at least 1 month before the licence expires.\nThe provisions of this part relating to an application for, and issue of, a wagering licence apply to an extension application as if an extension application were an application for a wagering licence.\nHowever, for the purposes of subsection (3) —\nsection 26 (1) applies as if the reference to the Minister issuing the authority were a reference to the Minister issuing an extension of the licence; and\nsection 29 (1) applies as if the wagering licence remained in force for the term stated in the extension.\nTo remove any doubt, it is declared that a wagering licence may be extended one or more times.\ns 29A ins 2013 No. 62 s 63\n(sec.29A-ssec.1) A wagering licensee may apply for an extension (an extension application) of the term of the licensee’s licence.\n(sec.29A-ssec.2) An extension application must be made at least 1 month before the licence expires.\n(sec.29A-ssec.3) The provisions of this part relating to an application for, and issue of, a wagering licence apply to an extension application as if an extension application were an application for a wagering licence.\n(sec.29A-ssec.4) However, for the purposes of subsection (3) — section 26 (1) applies as if the reference to the Minister issuing the authority were a reference to the Minister issuing an extension of the licence; and section 29 (1) applies as if the wagering licence remained in force for the term stated in the extension.\n(sec.29A-ssec.5) To remove any doubt, it is declared that a wagering licence may be extended one or more times.\n- (a) section 26 (1) applies as if the reference to the Minister issuing the authority were a reference to the Minister issuing an extension of the licence; and\n- (b) section 29 (1) applies as if the wagering licence remained in force for the term stated in the extension.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Term of permit","content":"### sec.30 Term of permit\n\nAn oncourse wagering permit remains in force—\nif issued for a stated term—for the stated term; or\nif issued for a stated race meeting or race meetings—for the term necessary and reasonable to enable the permit holder to undertake and finish the permit holder’s operations under the permit for the stated meeting or meetings.\nSubsection (1) applies subject to this Act.\n(sec.30-ssec.1) An oncourse wagering permit remains in force— if issued for a stated term—for the stated term; or if issued for a stated race meeting or race meetings—for the term necessary and reasonable to enable the permit holder to undertake and finish the permit holder’s operations under the permit for the stated meeting or meetings.\n(sec.30-ssec.2) Subsection (1) applies subject to this Act.\n- (a) if issued for a stated term—for the stated term; or\n- (b) if issued for a stated race meeting or race meetings—for the term necessary and reasonable to enable the permit holder to undertake and finish the permit holder’s operations under the permit for the stated meeting or meetings.","sortOrder":41},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Dealings affecting wagering authorities","content":"## Dealings affecting wagering authorities","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Changing conditions of authority","content":"### sec.31 Changing conditions of authority\n\nThe Minister may decide to change the conditions of a wagering authority if the Minister considers it is necessary or desirable to make the change—\nfor the proper conduct of authorised wagering under the wagering authority; or\notherwise in the public interest.\nIf the Minister decides to change the conditions, the Minister must promptly give the authority holder a written notice (a condition notice ) stating the decision and the reasons for the decision.\nA change of the conditions—\ntakes effect—\non the day the condition notice for the change is given to the authority holder; or\nif a later day of effect is stated in the notice—on the later day; and\ndoes not depend on the wagering authority being amended to record the change, or a replacement authority recording the change being issued.\nThe power of the Minister to change the conditions of a wagering authority includes the power to add conditions to an unconditional authority.\n(sec.31-ssec.1) The Minister may decide to change the conditions of a wagering authority if the Minister considers it is necessary or desirable to make the change— for the proper conduct of authorised wagering under the wagering authority; or otherwise in the public interest.\n(sec.31-ssec.2) If the Minister decides to change the conditions, the Minister must promptly give the authority holder a written notice (a condition notice ) stating the decision and the reasons for the decision.\n(sec.31-ssec.3) A change of the conditions— takes effect— on the day the condition notice for the change is given to the authority holder; or if a later day of effect is stated in the notice—on the later day; and does not depend on the wagering authority being amended to record the change, or a replacement authority recording the change being issued.\n(sec.31-ssec.4) The power of the Minister to change the conditions of a wagering authority includes the power to add conditions to an unconditional authority.\n- (a) for the proper conduct of authorised wagering under the wagering authority; or\n- (b) otherwise in the public interest.\n- (a) takes effect— (i) on the day the condition notice for the change is given to the authority holder; or (ii) if a later day of effect is stated in the notice—on the later day; and\n- (i) on the day the condition notice for the change is given to the authority holder; or\n- (ii) if a later day of effect is stated in the notice—on the later day; and\n- (b) does not depend on the wagering authority being amended to record the change, or a replacement authority recording the change being issued.\n- (i) on the day the condition notice for the change is given to the authority holder; or\n- (ii) if a later day of effect is stated in the notice—on the later day; and","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Recording change of conditions","content":"### sec.32 Recording change of conditions\n\nThe authority holder must return the wagering authority to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the holder has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the wagering authority, the Minister must—\namend the authority in an appropriate way and return the amended authority to the authority holder; or\nif the Minister does not consider it practicable to amend the authority—issue a replacement authority, incorporating the changed conditions, to the authority holder.\n(sec.32-ssec.1) The authority holder must return the wagering authority to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the holder has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.32-ssec.2) On receiving the wagering authority, the Minister must— amend the authority in an appropriate way and return the amended authority to the authority holder; or if the Minister does not consider it practicable to amend the authority—issue a replacement authority, incorporating the changed conditions, to the authority holder.\n- (a) amend the authority in an appropriate way and return the amended authority to the authority holder; or\n- (b) if the Minister does not consider it practicable to amend the authority—issue a replacement authority, incorporating the changed conditions, to the authority holder.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Authority generally not transferable","content":"### sec.33 Authority generally not transferable\n\nA wagering authority can not be transferred.\nHowever, if a wagering authority is mortgaged or otherwise encumbered with the Minister’s approval, subsection (1) does not prevent the transfer of the authority, subject to section 34 , by way of enforcement of the security.\n(sec.33-ssec.1) A wagering authority can not be transferred.\n(sec.33-ssec.2) However, if a wagering authority is mortgaged or otherwise encumbered with the Minister’s approval, subsection (1) does not prevent the transfer of the authority, subject to section 34 , by way of enforcement of the security.","sortOrder":45},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Amendment of wagering licence","content":"### sec.33A Amendment of wagering licence\n\nThe Minister may, with the written agreement of the licensee, amend a wagering licence.\nAfter receiving the wagering licence for amendment, the Minister must—\namend the licence as agreed and return the amended licence to the licensee; or\nif the Minister is satisfied it is not practicable to amend the licence to incorporate the amendment—give the licensee a replacement licence that incorporates the amendment.\nThe amendment of the licence takes effect on the day the Minister gives the licensee the amended or replacement licence.\ns 33A ins 2022 No. 23 s 101\n(sec.33A-ssec.1) The Minister may, with the written agreement of the licensee, amend a wagering licence.\n(sec.33A-ssec.2) After receiving the wagering licence for amendment, the Minister must— amend the licence as agreed and return the amended licence to the licensee; or if the Minister is satisfied it is not practicable to amend the licence to incorporate the amendment—give the licensee a replacement licence that incorporates the amendment.\n(sec.33A-ssec.3) The amendment of the licence takes effect on the day the Minister gives the licensee the amended or replacement licence.\n- (a) amend the licence as agreed and return the amended licence to the licensee; or\n- (b) if the Minister is satisfied it is not practicable to amend the licence to incorporate the amendment—give the licensee a replacement licence that incorporates the amendment.","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Mortgage and transfer of authority","content":"### sec.34 Mortgage and transfer of authority\n\nAn authority holder may mortgage or otherwise encumber the wagering authority only with the written approval of the Minister.\nIf a person has, under or because of a mortgage or other encumbrance, a right to sell and transfer a wagering authority, the authority may be sold and transferred only to a person approved by the Minister in writing.\nBefore the Minister approves a person for the transfer of a wagering licence, the Minister must be satisfied—\nthe proposed transferee is a suitable person to hold a wagering licence; and\neach business and executive associate of the proposed transferee is a suitable person to be associated with a wagering licensee’s operations.\nBefore the Minister approves a person for the transfer of an oncourse wagering permit, the Minister must be satisfied—\nthe proposed transferee is a suitable person to hold an oncourse wagering permit; and\neach business and executive associate of the proposed transferee is a suitable person to be associated with a permit holder’s operations.\nThe Minister may require the proposed transferee of the wagering authority to submit an application for the authority and may deal with the application, and investigate the suitability of the proposed transferee and proposed transferee’s business and executive associates, in the same way as if the application were an application for a new wagering authority of the kind proposed to be transferred.\nIf a person has, under or because of a mortgage or other encumbrance, a power to appoint a receiver or manager of the operations conducted under a wagering authority, the power may be exercised only if the Minister first approves the proposed receiver or manager in writing.\n(sec.34-ssec.1) An authority holder may mortgage or otherwise encumber the wagering authority only with the written approval of the Minister.\n(sec.34-ssec.2) If a person has, under or because of a mortgage or other encumbrance, a right to sell and transfer a wagering authority, the authority may be sold and transferred only to a person approved by the Minister in writing.\n(sec.34-ssec.3) Before the Minister approves a person for the transfer of a wagering licence, the Minister must be satisfied— the proposed transferee is a suitable person to hold a wagering licence; and each business and executive associate of the proposed transferee is a suitable person to be associated with a wagering licensee’s operations.\n(sec.34-ssec.4) Before the Minister approves a person for the transfer of an oncourse wagering permit, the Minister must be satisfied— the proposed transferee is a suitable person to hold an oncourse wagering permit; and each business and executive associate of the proposed transferee is a suitable person to be associated with a permit holder’s operations.\n(sec.34-ssec.5) The Minister may require the proposed transferee of the wagering authority to submit an application for the authority and may deal with the application, and investigate the suitability of the proposed transferee and proposed transferee’s business and executive associates, in the same way as if the application were an application for a new wagering authority of the kind proposed to be transferred.\n(sec.34-ssec.6) If a person has, under or because of a mortgage or other encumbrance, a power to appoint a receiver or manager of the operations conducted under a wagering authority, the power may be exercised only if the Minister first approves the proposed receiver or manager in writing.\n- (a) the proposed transferee is a suitable person to hold a wagering licence; and\n- (b) each business and executive associate of the proposed transferee is a suitable person to be associated with a wagering licensee’s operations.\n- (a) the proposed transferee is a suitable person to hold an oncourse wagering permit; and\n- (b) each business and executive associate of the proposed transferee is a suitable person to be associated with a permit holder’s operations.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Surrender of authority","content":"### sec.35 Surrender of authority\n\nAn authority holder may surrender the wagering authority by written notice given to the Minister.\nThe surrender of a wagering licence takes effect—\nif paragraph (b) does not apply—\n3 months after the notice is given; or\nif a later day of effect is stated in the notice—on the later day; or\nif the Minister, by written notice given to the wagering licensee, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\nThe surrender of an oncourse wagering permit takes effect—\non the day the notice is given to the Minister; or\nif a later day of effect is stated in the notice—on the later day.\n(sec.35-ssec.1) An authority holder may surrender the wagering authority by written notice given to the Minister.\n(sec.35-ssec.2) The surrender of a wagering licence takes effect— if paragraph (b) does not apply— 3 months after the notice is given; or if a later day of effect is stated in the notice—on the later day; or if the Minister, by written notice given to the wagering licensee, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\n(sec.35-ssec.3) The surrender of an oncourse wagering permit takes effect— on the day the notice is given to the Minister; or if a later day of effect is stated in the notice—on the later day.\n- (a) if paragraph (b) does not apply— (i) 3 months after the notice is given; or (ii) if a later day of effect is stated in the notice—on the later day; or\n- (i) 3 months after the notice is given; or\n- (ii) if a later day of effect is stated in the notice—on the later day; or\n- (b) if the Minister, by written notice given to the wagering licensee, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\n- (i) 3 months after the notice is given; or\n- (ii) if a later day of effect is stated in the notice—on the later day; or\n- (a) on the day the notice is given to the Minister; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":48},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Investigation of authority holders and associates","content":"## Investigation of authority holders and associates","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Audit programs","content":"### sec.36 Audit programs\n\nThe Minister may approve audit programs for investigating the following—\nwagering licensees;\nbusiness or executive associates of wagering licensees;\npermit holders;\nbusiness or executive associates of permit holders.\nThe 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.36-ssec.1) The Minister may approve audit programs for investigating the following— wagering licensees; business or executive associates of wagering licensees; permit holders; business or executive associates of permit holders.\n(sec.36-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- (a) wagering licensees;\n- (b) business or executive associates of wagering licensees;\n- (c) permit holders;\n- (d) business or executive associates of permit holders.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Investigation of suitability of authority holders","content":"### sec.37 Investigation of suitability of authority holders\n\nThe chief executive may investigate an authority holder to help the Minister decide whether the holder is a suitable person to hold a wagering authority of the kind held by the holder.\nHowever, the chief executive may investigate an authority holder only if—\nthe Minister reasonably suspects the holder is not a suitable person to hold a wagering authority of the kind held by the holder; or\nthe investigation is made under the relevant audit program approved by the Minister.\nAlso, an authority holder may be investigated under an audit program only if there has not been an investigation of the holder under the program within the preceding 2 years.\n(sec.37-ssec.1) The chief executive may investigate an authority holder to help the Minister decide whether the holder is a suitable person to hold a wagering authority of the kind held by the holder.\n(sec.37-ssec.2) However, the chief executive may investigate an authority holder only if— the Minister reasonably suspects the holder is not a suitable person to hold a wagering authority of the kind held by the holder; or the investigation is made under the relevant audit program approved by the Minister.\n(sec.37-ssec.3) Also, an authority holder may be investigated under an audit program only if there has not been an investigation of the holder under the program within the preceding 2 years.\n- (a) the Minister reasonably suspects the holder is not a suitable person to hold a wagering authority of the kind held by the holder; or\n- (b) the investigation is made under the relevant audit program approved by the Minister.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Investigation of suitability of associates of wagering licensees","content":"### sec.38 Investigation of suitability of associates of wagering licensees\n\nThe chief executive may investigate a business or executive associate of a wagering licensee to help the Minister decide whether the associate is a suitable person to be associated with a wagering licensee’s operations.\nHowever, the chief executive may investigate a business or executive associate of a wagering licensee only if—\nthe Minister reasonably suspects the associate is not a suitable person to be associated with a wagering licensee’s operations; or\nthe investigation is made under an audit program for business and executive associates of wagering licensees approved by the Minister; or\nfor a person who became a business or executive associate of the wagering licensee after the issue of the wagering licence—the associate has not been investigated previously under an audit program mentioned in paragraph (b) ; or\nthe associate—\nwas a business or executive associate of the licensee when the licensee applied for the licence; and\nhas not been investigated under section 24 (2) .\nAlso, a business or executive associate of a wagering licensee may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.\ns 38 amd 2002 No. 43 s 104\n(sec.38-ssec.1) The chief executive may investigate a business or executive associate of a wagering licensee to help the Minister decide whether the associate is a suitable person to be associated with a wagering licensee’s operations.\n(sec.38-ssec.2) However, the chief executive may investigate a business or executive associate of a wagering licensee only if— the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering licensee’s operations; or the investigation is made under an audit program for business and executive associates of wagering licensees approved by the Minister; or for a person who became a business or executive associate of the wagering licensee after the issue of the wagering licence—the associate has not been investigated previously under an audit program mentioned in paragraph (b) ; or the associate— was a business or executive associate of the licensee when the licensee applied for the licence; and has not been investigated under section 24 (2) .\n(sec.38-ssec.3) Also, a business or executive associate of a wagering licensee may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.\n- (a) the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering licensee’s operations; or\n- (b) the investigation is made under an audit program for business and executive associates of wagering licensees approved by the Minister; or\n- (c) for a person who became a business or executive associate of the wagering licensee after the issue of the wagering licence—the associate has not been investigated previously under an audit program mentioned in paragraph (b) ; or\n- (d) the associate— (i) was a business or executive associate of the licensee when the licensee applied for the licence; and (ii) has not been investigated under section 24 (2) .\n- (i) was a business or executive associate of the licensee when the licensee applied for the licence; and\n- (ii) has not been investigated under section 24 (2) .\n- (i) was a business or executive associate of the licensee when the licensee applied for the licence; and\n- (ii) has not been investigated under section 24 (2) .","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Investigation of suitability of associates of permit holders","content":"### sec.39 Investigation of suitability of associates of permit holders\n\nThe chief executive may investigate a business or executive associate of a permit holder to help the Minister decide whether the associate is a suitable person to be associated with a permit holder’s operations.\nHowever, the chief executive may investigate a business or executive associate of a permit holder only if—\nthe Minister reasonably suspects the associate is not a suitable person to be associated with a permit holder’s operations; or\nthe investigation is made under an audit program for business and executive associates of permit holders approved by the Minister; or\nfor a person who became a business or executive associate of the permit holder after the issue of the oncourse wagering permit—the associate has not been investigated previously under an audit program mentioned in paragraph (b) .\nAlso, a business or executive associate of a permit holder may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.\n(sec.39-ssec.1) The chief executive may investigate a business or executive associate of a permit holder to help the Minister decide whether the associate is a suitable person to be associated with a permit holder’s operations.\n(sec.39-ssec.2) However, the chief executive may investigate a business or executive associate of a permit holder only if— the Minister reasonably suspects the associate is not a suitable person to be associated with a permit holder’s operations; or the investigation is made under an audit program for business and executive associates of permit holders approved by the Minister; or for a person who became a business or executive associate of the permit holder after the issue of the oncourse wagering permit—the associate has not been investigated previously under an audit program mentioned in paragraph (b) .\n(sec.39-ssec.3) Also, a business or executive associate of a permit holder may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.\n- (a) the Minister reasonably suspects the associate is not a suitable person to be associated with a permit holder’s operations; or\n- (b) the investigation is made under an audit program for business and executive associates of permit holders approved by the Minister; or\n- (c) for a person who became a business or executive associate of the permit holder after the issue of the oncourse wagering permit—the associate has not been investigated previously under an audit program mentioned in paragraph (b) .","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.40 Requirement to give information or document for investigation\n\nIn investigating an authority holder, or business or executive associate of an authority holder, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.40-ssec.1) In investigating an authority holder, or business or executive associate of an authority holder, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.40-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.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Failure to give information or document for investigation","content":"### sec.41 Failure to give information or document for investigation\n\nA person of whom a requirement is made under section 40 must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.41-ssec.1) A person of whom a requirement is made under section 40 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.41-ssec.2) 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.41-ssec.3) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Criminal history report for investigation","content":"### sec.42 Criminal history report for investigation\n\nIf the chief executive in investigating a person under section 37 , 38 or 39 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.42-ssec.1) If the chief executive in investigating a person under section 37 , 38 or 39 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.42-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":56},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Suspension and cancellation of wagering authorities","content":"## Suspension and cancellation of wagering authorities","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.43 Grounds for suspension or cancellation\n\nA ground for suspending or cancelling a wagering authority exists if the authority holder—\nis not a suitable person to hold a wagering authority of the kind held by the holder; or\nis convicted of an offence against this Act or a gaming Act; or\nis convicted of an indictable offence; or\ncontravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or\ncontravenes a condition of the authority; or\nfails to discharge the holder’s financial commitments for the holder’s operations; or\nis affected by bankruptcy action, or by control action under the Corporations Act .\nAlso, a ground for suspending or cancelling a wagering authority exists if—\nthe authority was issued because of a materially false or misleading representation or declaration; or\nfor a wagering licence—a business or executive associate of the wagering licensee is not a suitable person to be associated with a wagering licensee’s operations; or\nfor an oncourse wagering permit—a business or executive associate of the permit holder is not a suitable person to be associated with a permit holder’s operations.\nFor subsection (1) (g) , an authority holder is affected by bankruptcy action if the holder—\nis bankrupt; or\nhas compounded with creditors; or\nhas otherwise taken, or applied to take, advantage of any law about bankruptcy.\nFor subsection (1) (g) , an authority holder is affected by control action under the Corporations Act if the holder—\nhas executed a deed of company arrangement under that Act; or\nis the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\ns 43 amd 2001 No. 45 s 29 sch 3\n(sec.43-ssec.1) A ground for suspending or cancelling a wagering authority exists if the authority holder— is not a suitable person to hold a wagering authority of the kind held by the holder; or is convicted of an offence against this Act or a gaming Act; or is convicted of an indictable offence; or contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or contravenes a condition of the authority; or fails to discharge the holder’s financial commitments for the holder’s operations; or is affected by bankruptcy action, or by control action under the Corporations Act .\n(sec.43-ssec.2) Also, a ground for suspending or cancelling a wagering authority exists if— the authority was issued because of a materially false or misleading representation or declaration; or for a wagering licence—a business or executive associate of the wagering licensee is not a suitable person to be associated with a wagering licensee’s operations; or for an oncourse wagering permit—a business or executive associate of the permit holder is not a suitable person to be associated with a permit holder’s operations.\n(sec.43-ssec.3) For subsection (1) (g) , an authority holder is affected by bankruptcy action if the holder— is bankrupt; or has compounded with creditors; or has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n(sec.43-ssec.4) For subsection (1) (g) , an authority holder is affected by control action under the Corporations Act if the holder— has executed a deed of company arrangement under that Act; or is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\n- (a) is not a suitable person to hold a wagering authority of the kind held by the holder; or\n- (b) is convicted of an offence against this Act or a gaming Act; or\n- (c) is convicted of an indictable offence; or\n- (d) contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or\n- (e) contravenes a condition of the authority; or\n- (f) fails to discharge the holder’s financial commitments for the holder’s operations; or\n- (g) is affected by bankruptcy action, or by control action under the Corporations Act .\n- (a) the authority was issued because of a materially false or misleading representation or declaration; or\n- (b) for a wagering licence—a business or executive associate of the wagering licensee is not a suitable person to be associated with a wagering licensee’s operations; or\n- (c) for an oncourse wagering permit—a business or executive associate of the permit holder is not a suitable person to be associated with a permit holder’s operations.\n- (a) is bankrupt; or\n- (b) has compounded with creditors; or\n- (c) has otherwise taken, or applied to take, advantage of any law about bankruptcy.\n- (a) has executed a deed of company arrangement under that Act; or\n- (b) is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Show cause notice","content":"### sec.44 Show cause notice\n\nThis section applies if the Minister believes—\na ground exists to suspend or cancel a wagering authority; and\nthe act, omission or other thing forming the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of authorised wagering under the wagering authority 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 authority holder a written notice (a show cause notice )—\nstating the action (the proposed action ) the Minister proposes taking under this division; and\nstating the grounds for the proposed action; and\noutlining the facts and circumstances forming the basis for the grounds; and\nif the proposed action is suspension of the wagering authority—stating the proposed suspension period; and\ninviting the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder.\nThe authority holder may make representations about the show cause notice to the Minister in the show cause period.\n(sec.44-ssec.1) This section applies if the Minister believes— a ground exists to suspend or cancel a wagering authority; and the act, omission or other thing forming the ground is of a serious and fundamental nature; and either— the integrity of the conduct of authorised wagering under the wagering authority may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.44-ssec.2) The Minister must give the authority holder a written notice (a show cause notice )— stating the action (the proposed action ) the Minister proposes taking under this division; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the wagering authority—stating the proposed suspension period; and inviting the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.44-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder.\n(sec.44-ssec.4) The authority holder may make representations about the show cause notice to the Minister in the show cause period.\n- (a) a ground exists to suspend or cancel a wagering authority; and\n- (b) the act, omission or other thing forming the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of authorised wagering under the wagering authority 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 authorised wagering under the wagering authority 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 authorised wagering under the wagering authority may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (a) stating the action (the proposed action ) the Minister proposes taking under this division; and\n- (b) stating the grounds for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is suspension of the wagering authority—stating the proposed suspension period; and\n- (e) inviting the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Involvement of interested persons in show cause process","content":"### sec.45 Involvement of interested persons in show cause process\n\nThe Minister must promptly give a copy of the show cause notice to each person (an interested person ) the Minister considers has an interest in the wagering authority if the Minister considers—\nthe person’s interest may be affected adversely by the suspension or cancellation of the authority; and\nit is otherwise appropriate in the circumstances to give a 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 authority holder’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.45-ssec.1) The Minister must promptly give a copy of the show cause notice to each person (an interested person ) the Minister considers has an interest in the wagering authority if the Minister considers— the person’s interest may be affected adversely by the suspension or cancellation of the authority; and it is otherwise appropriate in the circumstances to give a copy of the notice to the person.\n(sec.45-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 authority holder’s interest may be improperly prejudiced.\n(sec.45-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 authority; and\n- (b) it is otherwise appropriate in the circumstances to give a copy of the notice to the person.\n- (a) the nature of the interested person’s interest;\n- (b) whether the authority holder’s interest may be improperly prejudiced.","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Consideration of representations","content":"### sec.46 Consideration of representations\n\nThe Minister must consider all written representations (the accepted representations ) made in the show cause period by—\nthe authority holder; or\nan interested person to whom a copy of the show cause notice was given.\n- (a) the authority holder; or\n- (b) an interested person to whom a copy of the show cause notice was given.","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.47 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to suspend or cancel the wagering authority.\nThe Minister must not take any further action about the show cause notice.\nNotice that no further action about the show cause notice is to be taken must be given by the Minister to—\nthe authority holder; and\neach interested person to whom a copy of the show cause notice was given.\n(sec.47-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to suspend or cancel the wagering authority.\n(sec.47-ssec.2) The Minister must not take any further action about the show cause notice.\n(sec.47-ssec.3) Notice that no further action about the show cause notice is to be taken must be given by the Minister to— the authority holder; and each interested person to whom a copy of the show cause notice was given.\n- (a) the authority holder; and\n- (b) each interested person to whom a copy of the show cause notice was given.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Censuring authority holder","content":"### sec.48 Censuring authority holder\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but—\ndoes not believe suspension or cancellation of the authority is warranted; and\ndoes not consider it is appropriate to take action under section 49 .\nThis section also applies if the Minister has not given a show cause notice to the authority holder but—\nbelieves a ground exists to suspend or cancel the wagering authority; and\ndoes not believe the giving of a show cause notice is warranted.\nThe Minister may, by written notice given to the authority holder, censure the holder for a matter relating to the ground for suspension or cancellation.\n(sec.48-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but— does not believe suspension or cancellation of the authority is warranted; and does not consider it is appropriate to take action under section 49 .\n(sec.48-ssec.2) This section also applies if the Minister has not given a show cause notice to the authority holder but— believes a ground exists to suspend or cancel the wagering authority; and does not believe the giving of a show cause notice is warranted.\n(sec.48-ssec.3) The Minister may, by written notice given to the authority holder, censure the holder for a matter relating to the ground for suspension or cancellation.\n- (a) does not believe suspension or cancellation of the authority is warranted; and\n- (b) does not consider it is appropriate to take action under section 49 .\n- (a) believes a ground exists to suspend or cancel the wagering authority; and\n- (b) does not believe the giving of a show cause notice is warranted.","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Direction to rectify","content":"### sec.49 Direction to rectify\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but considers—\na matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and\nthat it is appropriate to give the authority holder an opportunity to rectify the matter.\nThis section also applies if the Minister has not given a show cause notice to the authority holder and—\nthe Minister believes a ground exists to suspend or cancel the wagering authority; and\nthe Minister considers—\na matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and\nthat it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and\nthe authority holder has been given—\nwritten notice that the Minister proposes to give a direction under this section; and\na reasonable opportunity to make representations about the proposed direction.\nHowever, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 50 (1) .\nThe Minister may, by written notice given to the authority holder, direct the holder to rectify the matter within the period stated in the notice.\nThe period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.49-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but considers— a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and that it is appropriate to give the authority holder an opportunity to rectify the matter.\n(sec.49-ssec.2) This section also applies if the Minister has not given a show cause notice to the authority holder and— the Minister believes a ground exists to suspend or cancel the wagering authority; and the Minister considers— a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and that it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and the authority holder has been given— written notice that the Minister proposes to give a direction under this section; and a reasonable opportunity to make representations about the proposed direction.\n(sec.49-ssec.3) However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 50 (1) .\n(sec.49-ssec.4) The Minister may, by written notice given to the authority holder, direct the holder to rectify the matter within the period stated in the notice.\n(sec.49-ssec.5) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\n- (a) a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and\n- (b) that it is appropriate to give the authority holder an opportunity to rectify the matter.\n- (a) the Minister believes a ground exists to suspend or cancel the wagering authority; and\n- (b) the Minister considers— (i) a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and (ii) that it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and\n- (i) a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and\n- (ii) that it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and\n- (c) the authority holder has been given— (i) written notice that the Minister proposes to give a direction under this section; and (ii) a reasonable opportunity to make representations about the proposed direction.\n- (i) written notice that the Minister proposes to give a direction under this section; and\n- (ii) a reasonable opportunity to make representations about the proposed direction.\n- (i) a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and\n- (ii) that it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and\n- (i) written notice that the Minister proposes to give a direction under this section; and\n- (ii) a reasonable opportunity to make representations about the proposed direction.","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Notice by Minister to Governor in Council","content":"### sec.50 Notice by Minister to Governor in Council\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes—\na ground exists to suspend or cancel the wagering authority; 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 authorised wagering under the wagering authority 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—\nthere are no accepted representations for the show cause notice; or\na direction to rectify a matter is given to the authority holder under section 49 and the holder fails to comply with the direction within the period stated in the relevant notice.\nThe Minister must give to the Governor in Council written notice of the Minister’s belief under subsection (1) , or of the matter mentioned in subsection (2) , together with—\na copy of the show cause notice; and\ncopies of any accepted representations for the show cause notice.\n(sec.50-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes— a ground exists to suspend or cancel the wagering authority; 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 authorised wagering under the wagering authority may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.50-ssec.2) This section also applies if— there are no accepted representations for the show cause notice; or a direction to rectify a matter is given to the authority holder under section 49 and the holder fails to comply with the direction within the period stated in the relevant notice.\n(sec.50-ssec.3) The Minister must give to the Governor in Council written notice of the Minister’s belief under subsection (1) , or of the matter mentioned in subsection (2) , together with— a copy of the show cause notice; and copies of any accepted representations for the show cause notice.\n- (a) a ground exists to suspend or cancel the wagering authority; 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 authorised wagering under the wagering authority 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 authorised wagering under the wagering authority 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 authorised wagering under the wagering authority may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) a direction to rectify a matter is given to the authority holder under section 49 and the holder fails to comply with the direction within the period stated in the relevant notice.\n- (a) a copy of the show cause notice; and\n- (b) copies of any accepted representations for the show cause notice.","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Suspension, cancellation and appointment of administrator","content":"### sec.51 Suspension, cancellation and appointment of administrator\n\nAfter receiving the notice from the Minister under section 50 , the Governor in Council may—\nif the proposed action stated in the show cause notice was to suspend the wagering authority for a stated period—suspend the authority for not longer than the stated period; or\nif the proposed action stated in the show cause notice was to cancel the wagering authority—\nsuspend the authority for a period; or\ncancel the authority; or\nappoint an administrator to conduct the operations of the authority holder under the authority.\nThe Minister must promptly give written notice of the decision of the Governor in Council to—\nthe authority holder; and\neach interested person to whom a copy of the show cause notice was given.\nThe decision takes effect—\non the day the notice is given to the authority holder; or\nif a later day of effect is stated in the notice—on the later day.\nIf the wagering authority is cancelled, the person who held the authority must, within 14 days after receiving notice of the decision, return the authority to the chief executive.\nMaximum penalty for subsection (4) —200 penalty units or 1 year’s imprisonment.\n(sec.51-ssec.1) After receiving the notice from the Minister under section 50 , the Governor in Council may— if the proposed action stated in the show cause notice was to suspend the wagering authority for a stated period—suspend the authority for not longer than the stated period; or if the proposed action stated in the show cause notice was to cancel the wagering authority— suspend the authority for a period; or cancel the authority; or appoint an administrator to conduct the operations of the authority holder under the authority.\n(sec.51-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to— the authority holder; and each interested person to whom a copy of the show cause notice was given.\n(sec.51-ssec.3) The decision takes effect— on the day the notice is given to the authority holder; or if a later day of effect is stated in the notice—on the later day.\n(sec.51-ssec.4) If the wagering authority is cancelled, the person who held the authority must, within 14 days after receiving notice of the decision, return the authority to the chief executive. Maximum penalty for subsection (4) —200 penalty units or 1 year’s imprisonment.\n- (a) if the proposed action stated in the show cause notice was to suspend the wagering authority for a stated period—suspend the authority for not longer than the stated period; or\n- (b) if the proposed action stated in the show cause notice was to cancel the wagering authority— (i) suspend the authority for a period; or (ii) cancel the authority; or (iii) appoint an administrator to conduct the operations of the authority holder under the authority.\n- (i) suspend the authority for a period; or\n- (ii) cancel the authority; or\n- (iii) appoint an administrator to conduct the operations of the authority holder under the authority.\n- (i) suspend the authority for a period; or\n- (ii) cancel the authority; or\n- (iii) appoint an administrator to conduct the operations of the authority holder under the authority.\n- (a) the authority holder; and\n- (b) each interested person to whom a copy of the show cause notice was given.\n- (a) on the day the notice is given to the authority holder; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Immediate suspension of authority by Minister","content":"### sec.52 Immediate suspension of authority by Minister\n\nThe Minister may suspend a wagering authority immediately if the Minister believes—\na ground exists to suspend or cancel the authority; and\nthe circumstances are so extraordinary that it is imperative to suspend the authority immediately to ensure—\nthe integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or\nthe public interest is not affected in an adverse and material way.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the authority holder 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.52-ssec.1) The Minister may suspend a wagering authority immediately if the Minister believes— a ground exists to suspend or cancel the authority; and the circumstances are so extraordinary that it is imperative to suspend the authority immediately to ensure— the integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or the public interest is not affected in an adverse and material way.\n(sec.52-ssec.2) The suspension— must be effected by written notice (a suspension notice ) given to the authority holder 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 authority; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the authority immediately to ensure— (i) the integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or (ii) the public interest is not affected in an adverse and material way.\n- (i) the integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or\n- (ii) the public interest is not affected in an adverse and material way.\n- (i) the integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or\n- (ii) the public interest is not affected in an adverse and material way.\n- (a) must be effected by written notice (a suspension notice ) given to the authority holder 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":67},{"sectionNumber":"sec.53","sectionType":"section","heading":"Terms of appointment, and role, of administrator","content":"### sec.53 Terms of appointment, and role, of administrator\n\nThis section applies to an administrator appointed by the Governor in Council to conduct operations under a wagering authority.\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 authority holder conducted under the wagering authority (including operations relating to anything that had been started but not finished at the time of the administrator’s appointment); and\nsubject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the authority holder.\nThe costs of and incidental to the conduct and administration of an authority holder’s operations by an administrator under this section (the costs of administration ) are payable by the authority holder.\nAny profits derived from the conduct of the authority holder’s operations by the administrator are, after payment of the costs of administration, to be paid to the authority holder.\nThis section and section 51 (1) (b) (iii) apply despite the Corporations Act .\ns 53 amd 2001 No. 45 s 29 sch s 2 – 3\n(sec.53-ssec.1) This section applies to an administrator appointed by the Governor in Council to conduct operations under a wagering authority.\n(sec.53-ssec.2) For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.\n(sec.53-ssec.3) The administrator— has full control of, and responsibility for, the operations of the authority holder conducted under the wagering authority (including operations relating to anything that had been started but not finished at the time of the administrator’s appointment); and subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the authority holder.\n(sec.53-ssec.4) The costs of and incidental to the conduct and administration of an authority holder’s operations by an administrator under this section (the costs of administration ) are payable by the authority holder.\n(sec.53-ssec.5) Any profits derived from the conduct of the authority holder’s operations by the administrator are, after payment of the costs of administration, to be paid to the authority holder.\n(sec.53-ssec.6) This section and section 51 (1) (b) (iii) apply despite the Corporations Act .\n- (a) has full control of, and responsibility for, the operations of the authority holder conducted under the wagering authority (including operations relating to anything that had been started but not finished at the time of the administrator’s appointment); and\n- (b) subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the authority holder.","sortOrder":68},{"sectionNumber":"sec.54","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.54 Cancellation or reduction of period of suspension\n\nAt any time a suspension of a wagering authority by the Governor in Council is in force, the Governor in Council may, for the 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—\nthe authority holder; and\neach interested person to whom a copy of the show cause notice was given.\n(sec.54-ssec.1) At any time a suspension of a wagering authority by the Governor in Council is in force, the Governor in Council may, for the remaining period of suspension— cancel the period; or reduce the period by a stated period.\n(sec.54-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to— the authority holder; and each interested person to whom a copy of the show cause notice was given.\n- (a) cancel the period; or\n- (b) reduce the period by a stated period.\n- (a) the authority holder; and\n- (b) each interested person to whom a copy of the show cause notice was given.","sortOrder":69},{"sectionNumber":"sec.55","sectionType":"section","heading":"Notice to interested persons of decisions","content":"### sec.55 Notice to interested persons of decisions\n\nThis section applies if the Minister—\ncensures the authority holder under section 48 ; or\ndirects the authority holder to rectify a matter under section 49 ; or\nsuspends the wagering authority under section 52 .\nThe Minister must promptly give written notice of the decision to each interested person to whom a copy of the show cause notice was given.\n(sec.55-ssec.1) This section applies if the Minister— censures the authority holder under section 48 ; or directs the authority holder to rectify a matter under section 49 ; or suspends the wagering authority under section 52 .\n(sec.55-ssec.2) The Minister must promptly give written notice of the decision to each interested person to whom a copy of the show cause notice was given.\n- (a) censures the authority holder under section 48 ; or\n- (b) directs the authority holder to rectify a matter under section 49 ; or\n- (c) suspends the wagering authority under section 52 .","sortOrder":70},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Approved events and contingencies","content":"## Approved events and contingencies","sortOrder":71},{"sectionNumber":"sec.56","sectionType":"section","heading":"Application for approval of particular events and contingencies","content":"### sec.56 Application for approval of particular events and contingencies\n\nA sports wagering licensee may apply to the Minister for approval to conduct wagering on—\na simulated event; or\na simulated contingency; or\na non-sporting event; or\na contingency that relates to a non-sporting event.\nThe event or contingency may be in Australia or elsewhere.\nThe application may relate to a particular event or contingency or a class of event or contingency.\nThe application must—\nbe in writing; and\ndescribe the event or contingency, or class of event or contingency, for which approval is sought.\ns 56 sub 2022 No. 23 s 102\n(sec.56-ssec.1) A sports wagering licensee may apply to the Minister for approval to conduct wagering on— a simulated event; or a simulated contingency; or a non-sporting event; or a contingency that relates to a non-sporting event.\n(sec.56-ssec.2) The event or contingency may be in Australia or elsewhere.\n(sec.56-ssec.3) The application may relate to a particular event or contingency or a class of event or contingency.\n(sec.56-ssec.4) The application must— be in writing; and describe the event or contingency, or class of event or contingency, for which approval is sought.\n- (a) a simulated event; or\n- (b) a simulated contingency; or\n- (c) a non-sporting event; or\n- (d) a contingency that relates to a non-sporting event.\n- (a) be in writing; and\n- (b) describe the event or contingency, or class of event or contingency, for which approval is sought.","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":"Decision on application","content":"### sec.57 Decision on application\n\nThe Minister must consider an application under section 56 and either give, or refuse to give, the approval sought by the application.\nHowever, the Minister must not grant an approval that relates to—\nan event for which wagering is authorised to be conducted under a race wagering licence; or\na sporting event; or\na contingency that relates to an event mentioned in paragraphs (a) or (b) ; or\nan event or contingency the Minister considers to be offensive or contrary to the public interest.\ns 57 amd 2022 No. 23 s 103\n(sec.57-ssec.1) The Minister must consider an application under section 56 and either give, or refuse to give, the approval sought by the application.\n(sec.57-ssec.2) However, the Minister must not grant an approval that relates to— an event for which wagering is authorised to be conducted under a race wagering licence; or a sporting event; or a contingency that relates to an event mentioned in paragraphs (a) or (b) ; or an event or contingency the Minister considers to be offensive or contrary to the public interest.\n- (a) an event for which wagering is authorised to be conducted under a race wagering licence; or\n- (b) a sporting event; or\n- (c) a contingency that relates to an event mentioned in paragraphs (a) or (b) ; or\n- (d) an event or contingency the Minister considers to be offensive or contrary to the public interest.","sortOrder":73},{"sectionNumber":"sec.58","sectionType":"section","heading":"Conditions of approval","content":"### sec.58 Conditions of approval\n\nThe Minister may give an approval for this division—\non conditions the Minister considers necessary or desirable for the proper conduct of the wagering under the sports wagering licence; or\non other conditions the Minister considers necessary or desirable in the public interest.\nA condition under subsection (1) is taken to be a condition of the sports wagering licence.\n(sec.58-ssec.1) The Minister may give an approval for this division— on conditions the Minister considers necessary or desirable for the proper conduct of the wagering under the sports wagering licence; or on other conditions the Minister considers necessary or desirable in the public interest.\n(sec.58-ssec.2) A condition under subsection (1) is taken to be a condition of the sports wagering licence.\n- (a) on conditions the Minister considers necessary or desirable for the proper conduct of the wagering under the sports wagering licence; or\n- (b) on other conditions the Minister considers necessary or desirable in the public interest.","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":"Notice of decision","content":"### sec.59 Notice of decision\n\nIf the Minister gives an approval for this division, the Minister must give the sports wagering licensee a written notice stating—\nthe decision; and\nany conditions of the approval.\nThe notice also may state the period for which the approval remains in force.\nIf the Minister refuses to give an approval, the Minister must give the sports wagering licensee a written notice stating the decision and the reasons for the decision.\n(sec.59-ssec.1) If the Minister gives an approval for this division, the Minister must give the sports wagering licensee a written notice stating— the decision; and any conditions of the approval.\n(sec.59-ssec.2) The notice also may state the period for which the approval remains in force.\n(sec.59-ssec.3) If the Minister refuses to give an approval, the Minister must give the sports wagering licensee a written notice stating the decision and the reasons for the decision.\n- (a) the decision; and\n- (b) any conditions of the approval.","sortOrder":75},{"sectionNumber":"sec.60","sectionType":"section","heading":"Period of approval","content":"### sec.60 Period of approval\n\nAn approval remains in force—\nif a period is stated in the notice mentioned in section 59 —for the period stated; or\nif no period is stated in the notice—until the approval is withdrawn.\n- (a) if a period is stated in the notice mentioned in section 59 —for the period stated; or\n- (b) if no period is stated in the notice—until the approval is withdrawn.","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":"Withdrawal of approval","content":"### sec.61 Withdrawal of approval\n\nThe Minister may, for any reason the Minister considers appropriate, withdraw an approval given under section 57 .\nHowever, an approval may be withdrawn only if the Minister—\nhas given the sports wagering licensee a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and\nhas considered any representations made by the licensee in the process carried out by the Minister under paragraph (a) .\nThe withdrawal must be made by written notice, stating the reasons for the decision, given to the sports wagering licensee.\nThe decision takes effect—\non the day the notice is given to the sports wagering licensee; or\nif a later day of effect is stated in the notice—on the later day.\n(sec.61-ssec.1) The Minister may, for any reason the Minister considers appropriate, withdraw an approval given under section 57 .\n(sec.61-ssec.2) However, an approval may be withdrawn only if the Minister— has given the sports wagering licensee a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and has considered any representations made by the licensee in the process carried out by the Minister under paragraph (a) .\n(sec.61-ssec.3) The withdrawal must be made by written notice, stating the reasons for the decision, given to the sports wagering licensee.\n(sec.61-ssec.4) The decision takes effect— on the day the notice is given to the sports wagering licensee; or if a later day of effect is stated in the notice—on the later day.\n- (a) has given the sports wagering licensee a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and\n- (b) has considered any representations made by the licensee in the process carried out by the Minister under paragraph (a) .\n- (a) on the day the notice is given to the sports wagering licensee; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":77},{"sectionNumber":"pt.5","sectionType":"part","heading":"Wagering managers","content":"# Wagering managers","sortOrder":78},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Suitability of persons","content":"## Suitability of persons","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Suitability of involved persons","content":"### sec.62 Suitability of involved persons\n\nThis section applies to the Minister in deciding whether—\na proposed wagering manager (the involved person ) is a suitable person to be a wagering manager; or\na wagering manager (also the involved person ) is a suitable person to be a wagering manager.\nThe Minister may have regard to the following matters—\nthe involved person’s business reputation;\nthe involved person’s current financial position and financial background;\nwhether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;\nwhether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of a wagering manager’s operations;\nwhether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations as a wagering manager;\nwhether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations as a wagering manager;\nif the involved person has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nanything else prescribed under a regulation.\n(sec.62-ssec.1) This section applies to the Minister in deciding whether— a proposed wagering manager (the involved person ) is a suitable person to be a wagering manager; or a wagering manager (also the involved person ) is a suitable person to be a wagering manager.\n(sec.62-ssec.2) The Minister may have regard to the following matters— the involved person’s business reputation; the involved person’s current financial position and financial background; whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure; whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of a wagering manager’s operations; whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations as a wagering manager; whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations as a wagering manager; if the involved person has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background; anything else prescribed under a regulation.\n- (a) a proposed wagering manager (the involved person ) is a suitable person to be a wagering manager; or\n- (b) a wagering manager (also the involved person ) is a suitable person to be a wagering manager.\n- (a) the involved person’s business reputation;\n- (b) the involved person’s current financial position and financial background;\n- (c) whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;\n- (d) whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of a wagering manager’s operations;\n- (e) whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations as a wagering manager;\n- (f) whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations as a wagering manager;\n- (g) if the involved person has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (h) anything else prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Suitability of associates","content":"### sec.63 Suitability of associates\n\nThis section applies to the Minister in deciding whether—\na business or executive associate of a proposed wagering manager is a suitable person to be associated with a wagering manager’s operations; or\na business or executive associate of a wagering manager is a suitable person to be associated with a wagering manager’s operations.\nThe Minister may have regard to the following matters—\nthe associate’s character or business reputation;\nthe associate’s current financial position and financial background;\nif the associate has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nanything else prescribed under a regulation.\n(sec.63-ssec.1) This section applies to the Minister in deciding whether— a business or executive associate of a proposed wagering manager is a suitable person to be associated with a wagering manager’s operations; or a business or executive associate of a wagering manager is a suitable person to be associated with a wagering manager’s operations.\n(sec.63-ssec.2) The Minister may have regard to the following matters— the associate’s character or business reputation; the associate’s current financial position and financial background; if the associate has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background; anything else prescribed under a regulation.\n- (a) a business or executive associate of a proposed wagering manager is a suitable person to be associated with a wagering manager’s operations; or\n- (b) a business or executive associate of a wagering manager is a suitable person to be associated with a wagering manager’s operations.\n- (a) the associate’s character or business reputation;\n- (b) the associate’s current financial position and financial background;\n- (c) if the associate has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (d) anything else prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;","sortOrder":81},{"sectionNumber":"sec.64","sectionType":"section","heading":"Other matters about suitability","content":"### sec.64 Other matters about suitability\n\nSections 62 and 63 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.","sortOrder":82},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Appointment of wagering managers","content":"## Appointment of wagering managers","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Appointment","content":"### sec.65 Appointment\n\nA wagering licensee may appoint a person to manage some or all the operations relating to authorised wagering conducted under the wagering licence.\nHowever, a wagering licensee may appoint a person as wagering manager—\nonly with the approval of the Minister; and\nonly if the person is a corporation.\ns 65 amd 1999 No. 38 s 73\n(sec.65-ssec.1) A wagering licensee may appoint a person to manage some or all the operations relating to authorised wagering conducted under the wagering licence.\n(sec.65-ssec.2) However, a wagering licensee may appoint a person as wagering manager— only with the approval of the Minister; and only if the person is a corporation.\n- (a) only with the approval of the Minister; and\n- (b) only if the person is a corporation.","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application for approval","content":"### sec.66 Application for approval\n\nAn application for approval to appoint a person as wagering manager must be made to the Minister in writing by the wagering licensee.","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Further information or documents to support application","content":"### sec.67 Further information or documents to support application\n\nThe Minister may, by written notice given to an applicant for an approval, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.\nThe requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.\n(sec.67-ssec.1) The Minister may, by written notice given to an applicant for an approval, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.\n(sec.67-ssec.2) The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Consideration of application","content":"### sec.68 Consideration of application\n\nThe Minister must consider an application for an approval and either give, or refuse to give, the approval.\nHowever, the Minister is not required to decide an application if—\nthe Minister has given the applicant a notice under section 67 requiring the applicant to give the Minister further information or a document about the application; and\nthe applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.\nThe Minister may approve the appointment of a person as a wagering manager only if the Minister is satisfied—\nthe person is a suitable person to be a wagering manager; and\neach business and executive associate of the person is a suitable person to be associated with a wagering manager’s operations.\nThe Minister must promptly give the applicant written notice of the Minister’s decision.\n(sec.68-ssec.1) The Minister must consider an application for an approval and either give, or refuse to give, the approval.\n(sec.68-ssec.2) However, the Minister is not required to decide an application if— the Minister has given the applicant a notice under section 67 requiring the applicant to give the Minister further information or a document about the application; and the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.\n(sec.68-ssec.3) The Minister may approve the appointment of a person as a wagering manager only if the Minister is satisfied— the person is a suitable person to be a wagering manager; and each business and executive associate of the person is a suitable person to be associated with a wagering manager’s operations.\n(sec.68-ssec.4) The Minister must promptly give the applicant written notice of the Minister’s decision.\n- (a) the Minister has given the applicant a notice under section 67 requiring the applicant to give the Minister further information or a document about the application; and\n- (b) the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.\n- (a) the person is a suitable person to be a wagering manager; and\n- (b) each business and executive associate of the person is a suitable person to be associated with a wagering manager’s operations.","sortOrder":87},{"sectionNumber":"sec.69","sectionType":"section","heading":"Investigation of suitability of persons","content":"### sec.69 Investigation of suitability of persons\n\nThe chief executive may investigate a proposed wagering manager to help the Minister decide whether the person is a suitable person to be a wagering manager.\nThe chief executive may investigate a business or executive associate of a proposed wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager’s operations.\n(sec.69-ssec.1) The chief executive may investigate a proposed wagering manager to help the Minister decide whether the person is a suitable person to be a wagering manager.\n(sec.69-ssec.2) The chief executive may investigate a business or executive associate of a proposed wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager’s operations.","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Criminal history reports for investigations","content":"### sec.70 Criminal history reports for investigations\n\nIf the chief executive in investigating a person under section 69 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.70-ssec.1) If the chief executive in investigating a person under section 69 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.70-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":89},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Wagering management agreements","content":"## Wagering management agreements","sortOrder":90},{"sectionNumber":"sec.71","sectionType":"section","heading":"Meaning of wagering management agreement","content":"### sec.71 Meaning of wagering management agreement\n\nA wagering management agreement is an agreement between a wagering licensee and another person—\nappointing the other person as a wagering manager for some or all the operations relating to authorised wagering conducted under the wagering licence; and\ndealing with the wagering manager’s authority; and\nstating the conditions under which the wagering manager acts as, and remains, a wagering manager for the wagering licensee; and\nstating other matters agreed between the wagering manager and wagering licensee.\ns 71 amd 1999 No. 38 s 74\n- (a) appointing the other person as a wagering manager for some or all the operations relating to authorised wagering conducted under the wagering licence; and\n- (b) dealing with the wagering manager’s authority; and\n- (c) stating the conditions under which the wagering manager acts as, and remains, a wagering manager for the wagering licensee; and\n- (d) stating other matters agreed between the wagering manager and wagering licensee.","sortOrder":91},{"sectionNumber":"sec.72","sectionType":"section","heading":"Entering into wagering management agreement","content":"### sec.72 Entering into wagering management agreement\n\nA wagering licensee must not enter into a wagering management agreement without the written approval of the Minister.\nMaximum penalty—40 penalty units.","sortOrder":92},{"sectionNumber":"sec.73","sectionType":"section","heading":"Amendment of wagering management agreement","content":"### sec.73 Amendment of wagering management agreement\n\nA wagering management agreement may be amended only with the written approval of the Minister.","sortOrder":93},{"sectionNumber":"sec.74","sectionType":"section","heading":"Approvals for wagering management agreements","content":"### sec.74 Approvals for wagering management agreements\n\nA wagering licensee may apply to the Minister for approval to enter into, or amend, a wagering management agreement.\nAn application must—\nbe in writing; and\nbe accompanied by a copy of the proposed agreement or amendment.\nThe Minister must consider an application for approval and either give, or refuse to give, the approval.\nHowever, the Minister may refuse to give an approval only if the Minister reasonably believes it is necessary to refuse the approval—\nin the public interest; or\nto protect proper standards of integrity in the conduct of approved wagering.\nThe Minister must promptly give the wagering licensee written notice of the Minister’s decision.\n(sec.74-ssec.1) A wagering licensee may apply to the Minister for approval to enter into, or amend, a wagering management agreement.\n(sec.74-ssec.2) An application must— be in writing; and be accompanied by a copy of the proposed agreement or amendment.\n(sec.74-ssec.3) The Minister must consider an application for approval and either give, or refuse to give, the approval.\n(sec.74-ssec.4) However, the Minister may refuse to give an approval only if the Minister reasonably believes it is necessary to refuse the approval— in the public interest; or to protect proper standards of integrity in the conduct of approved wagering.\n(sec.74-ssec.5) The Minister must promptly give the wagering licensee written notice of the Minister’s decision.\n- (a) be in writing; and\n- (b) be accompanied by a copy of the proposed agreement or amendment.\n- (a) in the public interest; or\n- (b) to protect proper standards of integrity in the conduct of approved wagering.","sortOrder":94},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Investigation of wagering managers and associates","content":"## Investigation of wagering managers and associates","sortOrder":95},{"sectionNumber":"sec.75","sectionType":"section","heading":"Audit programs","content":"### sec.75 Audit programs\n\nThe Minister may approve audit programs for investigating—\nwagering managers; and\nbusiness or executive associates of wagering managers.\nThe chief executive is responsible for ensuring an investigation of a person under a relevant approved audit program is conducted in accordance with the program.\n(sec.75-ssec.1) The Minister may approve audit programs for investigating— wagering managers; and business or executive associates of wagering managers.\n(sec.75-ssec.2) The chief executive is responsible for ensuring an investigation of a person under a relevant approved audit program is conducted in accordance with the program.\n- (a) wagering managers; and\n- (b) business or executive associates of wagering managers.","sortOrder":96},{"sectionNumber":"sec.76","sectionType":"section","heading":"Investigation of suitability of wagering managers","content":"### sec.76 Investigation of suitability of wagering managers\n\nThe chief executive may investigate a wagering manager to help the Minister decide whether the manager is a suitable person to be a wagering manager.\nHowever, the chief executive may investigate a wagering manager only if—\nthe Minister reasonably suspects the manager is not a suitable person to be a wagering manager; or\nthe investigation is made under an audit program for wagering managers approved by the Minister.\nAlso, a wagering manager may be investigated under an audit program only if there has not been an investigation of the manager under the program within the preceding 2 years.\n(sec.76-ssec.1) The chief executive may investigate a wagering manager to help the Minister decide whether the manager is a suitable person to be a wagering manager.\n(sec.76-ssec.2) However, the chief executive may investigate a wagering manager only if— the Minister reasonably suspects the manager is not a suitable person to be a wagering manager; or the investigation is made under an audit program for wagering managers approved by the Minister.\n(sec.76-ssec.3) Also, a wagering manager may be investigated under an audit program only if there has not been an investigation of the manager under the program within the preceding 2 years.\n- (a) the Minister reasonably suspects the manager is not a suitable person to be a wagering manager; or\n- (b) the investigation is made under an audit program for wagering managers approved by the Minister.","sortOrder":97},{"sectionNumber":"sec.77","sectionType":"section","heading":"Investigation of suitability of associates of wagering managers","content":"### sec.77 Investigation of suitability of associates of wagering managers\n\nThe chief executive may investigate a business or executive associate of a wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager’s operations.\nHowever, the chief executive may investigate a business or executive associate of a wagering manager only if—\nthe Minister reasonably suspects the associate is not a suitable person to be associated with a wagering manager’s operations; or\nthe investigation is made under an audit program for business and executive associates of wagering managers approved by the Minister; or\nfor a person who became a business or executive associate of the wagering manager after the manager’s appointment—the associate has not been investigated previously under an audit program mentioned in paragraph (b) .\nAlso, a business or executive associate of a wagering manager may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.\n(sec.77-ssec.1) The chief executive may investigate a business or executive associate of a wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager’s operations.\n(sec.77-ssec.2) However, the chief executive may investigate a business or executive associate of a wagering manager only if— the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering manager’s operations; or the investigation is made under an audit program for business and executive associates of wagering managers approved by the Minister; or for a person who became a business or executive associate of the wagering manager after the manager’s appointment—the associate has not been investigated previously under an audit program mentioned in paragraph (b) .\n(sec.77-ssec.3) Also, a business or executive associate of a wagering manager may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.\n- (a) the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering manager’s operations; or\n- (b) the investigation is made under an audit program for business and executive associates of wagering managers approved by the Minister; or\n- (c) for a person who became a business or executive associate of the wagering manager after the manager’s appointment—the associate has not been investigated previously under an audit program mentioned in paragraph (b) .","sortOrder":98},{"sectionNumber":"sec.78","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.78 Requirement to give information or document for investigation\n\nIn investigating a wagering manager, or business or executive associate of a wagering manager, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.78-ssec.1) In investigating a wagering manager, or business or executive associate of a wagering manager, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.78-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.","sortOrder":99},{"sectionNumber":"sec.79","sectionType":"section","heading":"Failure to give information or document for investigation","content":"### sec.79 Failure to give information or document for investigation\n\nA person of whom a requirement is made under section 78 must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.79-ssec.1) A person of whom a requirement is made under section 78 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.79-ssec.2) 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.79-ssec.3) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Criminal history report for investigation","content":"### sec.80 Criminal history report for investigation\n\nIf the chief executive in investigating a person under section 76 or 77 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.80-ssec.1) If the chief executive in investigating a person under section 76 or 77 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.80-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":101},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Terminating wagering management agreements","content":"## Terminating wagering management agreements","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Grounds for directing termination","content":"### sec.81 Grounds for directing termination\n\nA ground for directing the termination of a wagering management agreement exists if the wagering manager—\nis not a suitable person to be a wagering manager; or\nis convicted of an offence against this Act or a gaming Act; or\nis convicted of an indictable offence; or\ncontravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or\nfails to discharge the manager’s financial commitments for the manager’s operations; or\nis affected by control action under the Corporations Act .\nAlso, a ground for directing the termination of a wagering management agreement exists if—\nthe approval of the Minister for the wagering manager’s appointment, or the entering into of the agreement, was given because of a materially false or misleading representation or declaration; or\na business or executive associate of the wagering manager is not a suitable person to be associated with a wagering manager’s operations.\nFor subsection (1) (f) , a wagering manager is affected by control action under the Corporations Act if the manager—\nhas executed a deed of company arrangement under that Act; or\nis the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\ns 81 amd 1999 No. 38 s 75 ; 2001 No. 45 s 29 sch 3\n(sec.81-ssec.1) A ground for directing the termination of a wagering management agreement exists if the wagering manager— is not a suitable person to be a wagering manager; or is convicted of an offence against this Act or a gaming Act; or is convicted of an indictable offence; or contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or fails to discharge the manager’s financial commitments for the manager’s operations; or is affected by control action under the Corporations Act .\n(sec.81-ssec.2) Also, a ground for directing the termination of a wagering management agreement exists if— the approval of the Minister for the wagering manager’s appointment, or the entering into of the agreement, was given because of a materially false or misleading representation or declaration; or a business or executive associate of the wagering manager is not a suitable person to be associated with a wagering manager’s operations.\n(sec.81-ssec.3) For subsection (1) (f) , a wagering manager is affected by control action under the Corporations Act if the manager— has executed a deed of company arrangement under that Act; or is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\n- (a) is not a suitable person to be a wagering manager; or\n- (b) is convicted of an offence against this Act or a gaming Act; or\n- (c) is convicted of an indictable offence; or\n- (d) contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or\n- (e) fails to discharge the manager’s financial commitments for the manager’s operations; or\n- (f) is affected by control action under the Corporations Act .\n- (a) the approval of the Minister for the wagering manager’s appointment, or the entering into of the agreement, was given because of a materially false or misleading representation or declaration; or\n- (b) a business or executive associate of the wagering manager is not a suitable person to be associated with a wagering manager’s operations.\n- (a) has executed a deed of company arrangement under that Act; or\n- (b) is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Show cause notice","content":"### sec.82 Show cause notice\n\nThis section applies if the Minister believes—\na ground exists for directing the termination of a wagering management agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of authorised wagering under the relevant wagering licence 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 wagering manager a written notice (a show cause notice )—\nstating the Minister proposes to take action (the proposed action ) to direct the wagering licensee to terminate the wagering management agreement; and\nstating the grounds for the proposed action; and\noutlining the facts and circumstances forming the basis for the grounds; and\ninviting the wagering manager to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering manager.\nThe Minister must promptly give a copy of the show cause notice to the wagering licensee.\n(sec.82-ssec.1) This section applies if the Minister believes— a ground exists for directing the termination of a wagering management agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.82-ssec.2) The Minister must give the wagering manager a written notice (a show cause notice )— stating the Minister proposes to take action (the proposed action ) to direct the wagering licensee to terminate the wagering management agreement; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and inviting the wagering manager to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.82-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering manager.\n(sec.82-ssec.4) The Minister must promptly give a copy of the show cause notice to the wagering licensee.\n- (a) a ground exists for directing the termination of a wagering management agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of authorised wagering under the relevant wagering licence 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 authorised wagering under the relevant wagering licence 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 authorised wagering under the relevant wagering licence may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (a) stating the Minister proposes to take action (the proposed action ) to direct the wagering licensee to terminate the wagering management agreement; and\n- (b) stating the grounds for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the grounds; and\n- (d) inviting the wagering manager to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.83 Representations about show cause notice\n\nThe wagering manager, and wagering licensee to whom a copy of the show cause notice is given, may make representations about the show cause notice to the Minister in the show cause period.\nThe Minister must consider all written representations (the accepted representations ) made under subsection (1) .\n(sec.83-ssec.1) The wagering manager, and wagering licensee to whom a copy of the show cause notice is given, may make representations about the show cause notice to the Minister in the show cause period.\n(sec.83-ssec.2) The Minister must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.84 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to direct the termination of the wagering management agreement.\nThe Minister must not take any further action about the show cause notice.\nNotice that no further action about the show cause notice is to be taken must be given by the Minister to the wagering manager and licensee.\n(sec.84-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to direct the termination of the wagering management agreement.\n(sec.84-ssec.2) The Minister must not take any further action about the show cause notice.\n(sec.84-ssec.3) Notice that no further action about the show cause notice is to be taken must be given by the Minister to the wagering manager and licensee.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Censuring wagering manager","content":"### sec.85 Censuring wagering manager\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but—\ndoes not believe termination of the agreement is warranted; and\ndoes not consider it is appropriate to take action under section 86 .\nThis section also applies if the Minister has not given a show cause notice to the wagering manager but—\nbelieves a ground exists to direct the termination of the wagering management agreement; and\ndoes not believe the giving of a show cause notice is warranted.\nThe Minister may, by written notice given to the wagering manager, censure the manager for a matter relating to the ground for directing the termination of the agreement.\n(sec.85-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but— does not believe termination of the agreement is warranted; and does not consider it is appropriate to take action under section 86 .\n(sec.85-ssec.2) This section also applies if the Minister has not given a show cause notice to the wagering manager but— believes a ground exists to direct the termination of the wagering management agreement; and does not believe the giving of a show cause notice is warranted.\n(sec.85-ssec.3) The Minister may, by written notice given to the wagering manager, censure the manager for a matter relating to the ground for directing the termination of the agreement.\n- (a) does not believe termination of the agreement is warranted; and\n- (b) does not consider it is appropriate to take action under section 86 .\n- (a) believes a ground exists to direct the termination of the wagering management agreement; and\n- (b) does not believe the giving of a show cause notice is warranted.","sortOrder":107},{"sectionNumber":"sec.86","sectionType":"section","heading":"Direction to rectify","content":"### sec.86 Direction to rectify\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but considers—\na matter relating to the ground is reasonably capable of being rectified; and\nthat it is appropriate to give the wagering manager an opportunity to rectify the matter.\nThis section also applies if the Minister has not given a show cause notice to the wagering manager and—\nthe Minister believes a ground exists to direct the termination of the wagering management agreement; and\nthe Minister considers—\na matter relating to the ground is reasonably capable of being rectified; and\nthat it is appropriate to give the wagering manager an opportunity to rectify the matter without giving a show cause notice; and\nthe wagering manager and wagering licensee have been given—\nwritten notice that the Minister proposes to give a direction under this section; and\na reasonable opportunity to make representations about the proposed direction.\nHowever, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 87 .\nThe Minister may, by written notice given to the wagering manager, direct the manager to rectify the matter within the period stated in the notice.\nThe period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.86-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but considers— a matter relating to the ground is reasonably capable of being rectified; and that it is appropriate to give the wagering manager an opportunity to rectify the matter.\n(sec.86-ssec.2) This section also applies if the Minister has not given a show cause notice to the wagering manager and— the Minister believes a ground exists to direct the termination of the wagering management agreement; and the Minister considers— a matter relating to the ground is reasonably capable of being rectified; and that it is appropriate to give the wagering manager an opportunity to rectify the matter without giving a show cause notice; and the wagering manager and wagering licensee have been given— written notice that the Minister proposes to give a direction under this section; and a reasonable opportunity to make representations about the proposed direction.\n(sec.86-ssec.3) However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 87 .\n(sec.86-ssec.4) The Minister may, by written notice given to the wagering manager, direct the manager to rectify the matter within the period stated in the notice.\n(sec.86-ssec.5) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\n- (a) a matter relating to the ground is reasonably capable of being rectified; and\n- (b) that it is appropriate to give the wagering manager an opportunity to rectify the matter.\n- (a) the Minister believes a ground exists to direct the termination of the wagering management agreement; and\n- (b) the Minister considers— (i) a matter relating to the ground is reasonably capable of being rectified; and (ii) that it is appropriate to give the wagering manager an opportunity to rectify the matter without giving a show cause notice; and\n- (i) a matter relating to the ground is reasonably capable of being rectified; and\n- (ii) that it is appropriate to give the wagering manager an opportunity to rectify the matter without giving a show cause notice; and\n- (c) the wagering manager and wagering licensee have been given— (i) written notice that the Minister proposes to give a direction under this section; and (ii) a reasonable opportunity to make representations about the proposed direction.\n- (i) written notice that the Minister proposes to give a direction under this section; and\n- (ii) a reasonable opportunity to make representations about the proposed direction.\n- (i) a matter relating to the ground is reasonably capable of being rectified; and\n- (ii) that it is appropriate to give the wagering manager an opportunity to rectify the matter without giving a show cause notice; and\n- (i) written notice that the Minister proposes to give a direction under this section; and\n- (ii) a reasonable opportunity to make representations about the proposed direction.","sortOrder":108},{"sectionNumber":"sec.87","sectionType":"section","heading":"Direction to terminate agreement","content":"### sec.87 Direction to terminate agreement\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes—\na ground exists to direct the termination of the wagering management agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of authorised wagering under the relevant wagering licence 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—\nthere are no accepted representations for the show cause notice; or\na direction to rectify a matter is given to the wagering manager under section 86 and the manager fails to comply with the direction within the period stated in the relevant notice.\nThe Minister may, by written notice given to the wagering licensee, direct the licensee to terminate the wagering management agreement within the time stated in the notice.\nIf the Minister gives a direction under this section, the Minister must promptly give a copy of the relevant notice to the wagering manager.\n(sec.87-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes— a ground exists to direct the termination of the wagering management agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.87-ssec.2) This section also applies if— there are no accepted representations for the show cause notice; or a direction to rectify a matter is given to the wagering manager under section 86 and the manager fails to comply with the direction within the period stated in the relevant notice.\n(sec.87-ssec.3) The Minister may, by written notice given to the wagering licensee, direct the licensee to terminate the wagering management agreement within the time stated in the notice.\n(sec.87-ssec.4) If the Minister gives a direction under this section, the Minister must promptly give a copy of the relevant notice to the wagering manager.\n- (a) a ground exists to direct the termination of the wagering management agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of authorised wagering under the relevant wagering licence 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 authorised wagering under the relevant wagering licence 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 authorised wagering under the relevant wagering licence may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) a direction to rectify a matter is given to the wagering manager under section 86 and the manager fails to comply with the direction within the period stated in the relevant notice.","sortOrder":109},{"sectionNumber":"sec.88","sectionType":"section","heading":"Termination of agreement on direction","content":"### sec.88 Termination of agreement on direction\n\nIf the Minister directs a wagering licensee to terminate a wagering management agreement, the licensee must—\nterminate the agreement within the time stated in the relevant notice; and\nnotify the chief executive of the termination in the approved form within 7 days after terminating the agreement.\nIf the wagering licensee does not terminate the wagering management agreement as required by subsection (1) , the agreement is terminated by this Act.\nThe State does not incur any liability if a wagering management agreement is terminated by a wagering licensee under subsection (1) or by this Act.\nA wagering licensee does not incur any liability because the licensee terminates a wagering management agreement under subsection (1) .\n(sec.88-ssec.1) If the Minister directs a wagering licensee to terminate a wagering management agreement, the licensee must— terminate the agreement within the time stated in the relevant notice; and notify the chief executive of the termination in the approved form within 7 days after terminating the agreement.\n(sec.88-ssec.2) If the wagering licensee does not terminate the wagering management agreement as required by subsection (1) , the agreement is terminated by this Act.\n(sec.88-ssec.3) The State does not incur any liability if a wagering management agreement is terminated by a wagering licensee under subsection (1) or by this Act.\n(sec.88-ssec.4) A wagering licensee does not incur any liability because the licensee terminates a wagering management agreement under subsection (1) .\n- (a) terminate the agreement within the time stated in the relevant notice; and\n- (b) notify the chief executive of the termination in the approved form within 7 days after terminating the agreement.","sortOrder":110},{"sectionNumber":"sec.89","sectionType":"section","heading":"Termination of agreement without direction","content":"### sec.89 Termination of agreement without direction\n\nThis section applies if a wagering management agreement is terminated otherwise than because of a direction to terminate the agreement given to the wagering licensee by the Minister.\nThe wagering licensee must notify the chief executive in writing of the termination within 7 days after the agreement is terminated.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.89-ssec.1) This section applies if a wagering management agreement is terminated otherwise than because of a direction to terminate the agreement given to the wagering licensee by the Minister.\n(sec.89-ssec.2) The wagering licensee must notify the chief executive in writing of the termination within 7 days after the agreement is terminated. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":111},{"sectionNumber":"sec.90","sectionType":"section","heading":"Suspending wagering manager’s operations","content":"### sec.90 Suspending wagering manager’s operations\n\nThe Minister may suspend the wagering manager’s operations immediately if the Minister believes—\na ground exists to direct the termination of the wagering management agreement; and\nthe circumstances are so extraordinary that it is imperative to suspend the operations to ensure—\nthe integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or\nthe public interest is not affected in an adverse and material way.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the wagering manager 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.\nA wagering manager must not carry on operations while the manager’s operations are suspended.\nMaximum penalty for subsection (3) —200 penalty units or 2 years imprisonment.\n(sec.90-ssec.1) The Minister may suspend the wagering manager’s operations immediately if the Minister believes— a ground exists to direct the termination of the wagering management agreement; and the circumstances are so extraordinary that it is imperative to suspend the operations to ensure— the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or the public interest is not affected in an adverse and material way.\n(sec.90-ssec.2) The suspension— must be effected by written notice (a suspension notice ) given to the wagering manager 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.90-ssec.3) A wagering manager must not carry on operations while the manager’s operations are suspended. Maximum penalty for subsection (3) —200 penalty units or 2 years imprisonment.\n- (a) a ground exists to direct the termination of the wagering management agreement; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the operations to ensure— (i) the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or (ii) the public interest is not affected in an adverse and material way.\n- (i) the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or\n- (ii) the public interest is not affected in an adverse and material way.\n- (i) the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or\n- (ii) the public interest is not affected in an adverse and material way.\n- (a) must be effected by written notice (a suspension notice ) given to the wagering manager 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":112},{"sectionNumber":"sec.91","sectionType":"section","heading":"Notice to wagering licensee of decisions","content":"### sec.91 Notice to wagering licensee of decisions\n\nThis section applies if the Minister—\ncensures the wagering manager under section 85 ; or\ndirects the wagering manager to rectify a matter under section 86 ; or\nsuspends the wagering manager’s operations under section 90 .\nThe Minister must promptly give written notice of the decision to the wagering licensee.\n(sec.91-ssec.1) This section applies if the Minister— censures the wagering manager under section 85 ; or directs the wagering manager to rectify a matter under section 86 ; or suspends the wagering manager’s operations under section 90 .\n(sec.91-ssec.2) The Minister must promptly give written notice of the decision to the wagering licensee.\n- (a) censures the wagering manager under section 85 ; or\n- (b) directs the wagering manager to rectify a matter under section 86 ; or\n- (c) suspends the wagering manager’s operations under section 90 .","sortOrder":113},{"sectionNumber":"pt.6","sectionType":"part","heading":"Status of certain decisions","content":"# Status of certain decisions","sortOrder":114},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definition for part","content":"### sec.92 Definition for part\n\nIn this part—\ndecision includes—\nconduct engaged in to make a decision; and\nconduct related to making a decision; and\nfailure to make a decision.\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":115},{"sectionNumber":"sec.93","sectionType":"section","heading":"Application of part","content":"### sec.93 Application of part\n\nThis part applies to a decision of the Governor in Council or Minister made, or appearing to be made, under this Act about or affecting—\na wagering authority, wagering manager or wagering management agreement; or\na person with an interest or potential interest in—\na wagering authority; or\nthe appointment of a wagering manager; or\na wagering management agreement.\nThe decisions to which this part 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 .\n(sec.93-ssec.1) This part applies to a decision of the Governor in Council or Minister made, or appearing to be made, under this Act about or affecting— a wagering authority, wagering manager or wagering management agreement; or a person with an interest or potential interest in— a wagering authority; or the appointment of a wagering manager; or a wagering management agreement.\n(sec.93-ssec.2) The decisions to which this part 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- (a) a wagering authority, wagering manager or wagering management agreement; or\n- (b) a person with an interest or potential interest in— (i) a wagering authority; or (ii) the appointment of a wagering manager; or (iii) a wagering management agreement.\n- (i) a wagering authority; or\n- (ii) the appointment of a wagering manager; or\n- (iii) a wagering management agreement.\n- (i) a wagering authority; or\n- (ii) the appointment of a wagering manager; or\n- (iii) a wagering management agreement.\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 .","sortOrder":116},{"sectionNumber":"sec.94","sectionType":"section","heading":"Certain decisions not to be justiciable","content":"### sec.94 Certain decisions not to be justiciable\n\nA decision to which this part applies—\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.\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.","sortOrder":117},{"sectionNumber":"pt.7","sectionType":"part","heading":"Key employees and operators for authority operators","content":"# Key employees and operators for authority operators","sortOrder":118},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Licensing requirements for key employees","content":"## Licensing requirements for key employees","sortOrder":119},{"sectionNumber":"sec.95","sectionType":"section","heading":"Meaning of key employee","content":"### sec.95 Meaning of key employee\n\nA wagering employee is a key employee of an authority operator if the employee—\noccupies or acts in a managerial position, or carries out managerial functions, in relation to any operations conducted under the relevant wagering authority; or\nis in a position to affect or significantly influence any operations conducted under the relevant wagering authority; or\noccupies or acts in a position designated in the authority operator’s control system as a key position.\nSubsection (1) (a) applies to a position only if the position is designated by the chief executive as a key position.\nSubsection (1) (a) applies to functions only if the functions are designated by the chief executive as key functions.\nSubsection (1) (b) applies to an employee only if the employee is designated by the chief executive as being in a key position.\nA designation of the chief executive for subsection (2) , (3) or (4) must be made by written notice given to the authority operator.\ns 95 amd 1999 No. 38 s 76 ; 2013 No. 25 s 180\n(sec.95-ssec.1) A wagering employee is a key employee of an authority operator if the employee— occupies or acts in a managerial position, or carries out managerial functions, in relation to any operations conducted under the relevant wagering authority; or is in a position to affect or significantly influence any operations conducted under the relevant wagering authority; or occupies or acts in a position designated in the authority operator’s control system as a key position.\n(sec.95-ssec.2) Subsection (1) (a) applies to a position only if the position is designated by the chief executive as a key position.\n(sec.95-ssec.3) Subsection (1) (a) applies to functions only if the functions are designated by the chief executive as key functions.\n(sec.95-ssec.4) Subsection (1) (b) applies to an employee only if the employee is designated by the chief executive as being in a key position.\n(sec.95-ssec.5) A designation of the chief executive for subsection (2) , (3) or (4) must be made by written notice given to the authority operator.\n- (a) occupies or acts in a managerial position, or carries out managerial functions, in relation to any operations conducted under the relevant wagering authority; or\n- (b) is in a position to affect or significantly influence any operations conducted under the relevant wagering authority; or\n- (c) occupies or acts in a position designated in the authority operator’s control system as a key position.","sortOrder":120},{"sectionNumber":"sec.96","sectionType":"section","heading":"Requirement to be licensed employee","content":"### sec.96 Requirement to be licensed employee\n\nA person must not occupy or act in the position of a key employee, or carry out the functions of a key employee, in relation to the conduct of operations under a wagering authority unless the person is a licensed employee.\nMaximum penalty—40 penalty units.","sortOrder":121},{"sectionNumber":"sec.97","sectionType":"section","heading":"Prohibition of employment as key employees of persons who are not licensed employees","content":"### sec.97 Prohibition of employment as key employees of persons who are not licensed employees\n\nAn authority operator must not employ a person as a key employee, or to carry out the functions of a key employee, unless the person is a licensed employee.\nMaximum penalty—40 penalty units.","sortOrder":122},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Requirements about key operators","content":"## Requirements about key operators","sortOrder":123},{"sectionNumber":"sec.98","sectionType":"section","heading":"Meaning of key operator","content":"### sec.98 Meaning of key operator\n\nA key operator is a person (other than a wagering employee) who—\nis in a position to control or exercise significant influence over the conduct of an authority operator’s operations; or\nis associated with an authority operator in a way that enables the person to control or exercise significant influence over the conduct of the authority operator’s operations; or\noccupies a position or has an association with an authority operator of a kind that makes the person a key operator under criteria prescribed under a regulation.\n- (a) is in a position to control or exercise significant influence over the conduct of an authority operator’s operations; or\n- (b) is associated with an authority operator in a way that enables the person to control or exercise significant influence over the conduct of the authority operator’s operations; or\n- (c) occupies a position or has an association with an authority operator of a kind that makes the person a key operator under criteria prescribed under a regulation.","sortOrder":124},{"sectionNumber":"sec.99","sectionType":"section","heading":"Requirement that key operator apply for licence or end role","content":"### sec.99 Requirement that key operator apply for licence or end role\n\nIf the chief executive reasonably believes a person is a key operator, the chief executive may, by written notice given to the person, require the person either to apply to be licensed as a key operator under a key person licence, or to stop being a key operator, within 7 days of receiving the notice.\nThe person must comply with the requirement (the key operator’s requirement ) within 7 days of receiving the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nThe chief executive must give a copy of the notice to the relevant authority operator.\n(sec.99-ssec.1) If the chief executive reasonably believes a person is a key operator, the chief executive may, by written notice given to the person, require the person either to apply to be licensed as a key operator under a key person licence, or to stop being a key operator, within 7 days of receiving the notice.\n(sec.99-ssec.2) The person must comply with the requirement (the key operator’s requirement ) within 7 days of receiving the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.99-ssec.3) The chief executive must give a copy of the notice to the relevant authority operator.","sortOrder":125},{"sectionNumber":"sec.100","sectionType":"section","heading":"Requirement that key operator end role","content":"### sec.100 Requirement that key operator end role\n\nThis section applies if—\na key operator’s requirement is made of a person; and\nthe person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.\nThe chief executive may, by written notice given to the person, require the person to stop being a key operator of the authority operator within the time stated in the notice.\nThe person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nA person does not incur any liability because of action taken to comply with a requirement under this section.\n(sec.100-ssec.1) This section applies if— a key operator’s requirement is made of a person; and the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.\n(sec.100-ssec.2) The chief executive may, by written notice given to the person, require the person to stop being a key operator of the authority operator within the time stated in the notice.\n(sec.100-ssec.3) The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.100-ssec.4) A person does not incur any liability because of action taken to comply with a requirement under this section.\n- (a) a key operator’s requirement is made of a person; and\n- (b) the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.","sortOrder":126},{"sectionNumber":"sec.101","sectionType":"section","heading":"Requirement to end key operator’s role","content":"### sec.101 Requirement to end key operator’s role\n\nThis section applies if a key operator’s requirement is made of a person and either—\nthe person fails to comply with the requirement; or\nthe person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.\nThe chief executive may, by written notice given to the authority operator for whom the person is a key operator, require the authority operator to take any necessary action to ensure the person stops being a key operator within the time stated in the notice.\nThe authority operator must comply with the requirement.\nThis section applies to an authority operator despite any other Act or law.\nAn authority operator does not incur any liability because of action taken to comply with a requirement under this section.\n(sec.101-ssec.1) This section applies if a key operator’s requirement is made of a person and either— the person fails to comply with the requirement; or the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.\n(sec.101-ssec.2) The chief executive may, by written notice given to the authority operator for whom the person is a key operator, require the authority operator to take any necessary action to ensure the person stops being a key operator within the time stated in the notice.\n(sec.101-ssec.3) The authority operator must comply with the requirement.\n(sec.101-ssec.4) This section applies to an authority operator despite any other Act or law.\n(sec.101-ssec.5) An authority operator does not incur any liability because of action taken to comply with a requirement under this section.\n- (a) the person fails to comply with the requirement; or\n- (b) the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.","sortOrder":127},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Applications for, and issue of, key person licences","content":"## Applications for, and issue of, key person licences","sortOrder":128},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application for licence","content":"### sec.102 Application for licence\n\nAn application for a key person licence must be made to the chief executive in the approved form.\nThe application must be accompanied by—\nif the applicant applies to be licensed as an employee—a written notice from an authority operator to the chief executive stating that the operator intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and\nany documents prescribed under a regulation; and\nthe application fee prescribed under a regulation.\n(sec.102-ssec.1) An application for a key person licence must be made to the chief executive in the approved form.\n(sec.102-ssec.2) The application must be accompanied by— if the applicant applies to be licensed as an employee—a written notice from an authority operator to the chief executive stating that the operator intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and any documents prescribed under a regulation; and the application fee prescribed under a regulation.\n- (a) if the applicant applies to be licensed as an employee—a written notice from an authority operator to the chief executive stating that the operator intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and\n- (b) any documents prescribed under a regulation; and\n- (c) the application fee prescribed under a regulation.","sortOrder":129},{"sectionNumber":"sec.103","sectionType":"section","heading":"Further information or documents to support application","content":"### sec.103 Further information or documents to support application\n\nThe chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document about the application within the reasonable time stated in the notice.\nThe requirement must relate to information or a document that is necessary and reasonable to help the chief executive decide the application.\n(sec.103-ssec.1) The chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document about the application within the reasonable time stated in the notice.\n(sec.103-ssec.2) The requirement must relate to information or a document that is necessary and reasonable to help the chief executive decide the application.","sortOrder":130},{"sectionNumber":"sec.104","sectionType":"section","heading":"Consideration of application","content":"### sec.104 Consideration of application\n\nThe chief executive must consider an application for a key person licence and either grant or refuse to grant the application.\nDespite subsection (1) , the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.\nAlso, despite subsection (1) , the chief executive is not required to decide an application if—\nthe chief executive has given the applicant a notice under section 103 requiring the applicant to give the chief executive further information or a document about the application; and\nthe applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.\n(sec.104-ssec.1) The chief executive must consider an application for a key person licence and either grant or refuse to grant the application.\n(sec.104-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.\n(sec.104-ssec.3) Also, despite subsection (1) , the chief executive is not required to decide an application if— the chief executive has given the applicant a notice under section 103 requiring the applicant to give the chief executive further information or a document about the application; and the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.\n- (a) the chief executive has given the applicant a notice under section 103 requiring the applicant to give the chief executive further information or a document about the application; and\n- (b) the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.","sortOrder":131},{"sectionNumber":"sec.105","sectionType":"section","heading":"Conditions for granting application","content":"### sec.105 Conditions for granting application\n\nThe chief executive may grant an application for a key person licence only if—\nthe applicant’s photograph and fingerprints have been taken; and\nthe chief executive is satisfied the applicant is a suitable person to hold a key person licence.\nCriteria for deciding a person’s suitability to hold a key person licence are dealt with in section 113 .\ns 105 amd 2013 No. 62 s 64\n- (a) the applicant’s photograph and fingerprints have been taken; and\n- (b) the chief executive is satisfied the applicant is a suitable person to hold a key person licence. Note— Criteria for deciding a person’s suitability to hold a key person licence are dealt with in section 113 .","sortOrder":132},{"sectionNumber":"sec.106","sectionType":"section","heading":"Investigation of suitability of applicant","content":"### sec.106 Investigation of suitability of applicant\n\nThe chief executive may investigate an applicant for a key person licence to help the chief executive decide whether the applicant is a suitable person to hold a key person licence.","sortOrder":133},{"sectionNumber":"sec.107","sectionType":"section","heading":"Criminal history report for investigation","content":"### sec.107 Criminal history report for investigation\n\nIf the chief executive in investigating an applicant for a key person licence asks the commissioner of the police service for a written report on the applicant’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by inquiry from officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.107-ssec.1) If the chief executive in investigating an applicant for a key person licence asks the commissioner of the police service for a written report on the applicant’s criminal history, the commissioner must give the report to the chief executive.\n(sec.107-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by inquiry from officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by inquiry from officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":134},{"sectionNumber":"sec.108","sectionType":"section","heading":"Decision on application","content":"### sec.108 Decision on application\n\nIf the chief executive decides to grant an application for a key person licence, the chief executive must promptly—\nissue a key person licence to the applicant; and\ngive written notice of the issue of the licence to the relevant authority operator.\nIf the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly—\ngive the applicant an information notice about the decision; and\ngive written notice of the decision to the relevant authority operator.\ns 108 amd 2002 No. 43 s 105\n(sec.108-ssec.1) If the chief executive decides to grant an application for a key person licence, the chief executive must promptly— issue a key person licence to the applicant; and give written notice of the issue of the licence to the relevant authority operator.\n(sec.108-ssec.2) If the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly— give the applicant an information notice about the decision; and give written notice of the decision to the relevant authority operator.\n- (a) issue a key person licence to the applicant; and\n- (b) give written notice of the issue of the licence to the relevant authority operator.\n- (a) give the applicant an information notice about the decision; and\n- (b) give written notice of the decision to the relevant authority operator.","sortOrder":135},{"sectionNumber":"sec.109","sectionType":"section","heading":"Conditions of licence","content":"### sec.109 Conditions of licence\n\nThe chief executive may issue a key person licence—\non conditions the chief executive considers necessary or desirable for the proper conduct of approved wagering; and\non other conditions the chief executive considers necessary or desirable in the public interest.\nIf the chief executive decides to issue a key person licence on conditions, the chief executive must promptly—\ngive the applicant an information notice about the decision; and\ngive a copy of the notice to the relevant authority operator.\n(sec.109-ssec.1) The chief executive may issue a key person licence— on conditions the chief executive considers necessary or desirable for the proper conduct of approved wagering; and on other conditions the chief executive considers necessary or desirable in the public interest.\n(sec.109-ssec.2) If the chief executive decides to issue a key person licence on conditions, the chief executive must promptly— give the applicant an information notice about the decision; and give a copy of the notice to the relevant authority operator.\n- (a) on conditions the chief executive considers necessary or desirable for the proper conduct of approved wagering; and\n- (b) on other conditions the chief executive considers necessary or desirable in the public interest.\n- (a) give the applicant an information notice about the decision; and\n- (b) give a copy of the notice to the relevant authority operator.","sortOrder":136},{"sectionNumber":"sec.110","sectionType":"section","heading":"Form of licence","content":"### sec.110 Form of licence\n\nA key person licence must be in the approved form.\nThe approved form must provide for the inclusion of the following—\nthe name of the key person licensee;\na recent photograph of the licensee;\nthe date of issue of the licence;\nwhether the licensee is a licensed employee or licensed as a key operator;\nthe conditions of the licence;\nany other particulars prescribed under a regulation.\n(sec.110-ssec.1) A key person licence must be in the approved form.\n(sec.110-ssec.2) The approved form must provide for the inclusion of the following— the name of the key person licensee; a recent photograph of the licensee; the date of issue of the licence; whether the licensee is a licensed employee or licensed as a key operator; the conditions of the licence; any other particulars prescribed under a regulation.\n- (a) the name of the key person licensee;\n- (b) a recent photograph of the licensee;\n- (c) the date of issue of the licence;\n- (d) whether the licensee is a licensed employee or licensed as a key operator;\n- (e) the conditions of the licence;\n- (f) any other particulars prescribed under a regulation.","sortOrder":137},{"sectionNumber":"sec.111","sectionType":"section","heading":"Term of licence","content":"### sec.111 Term of licence\n\nA key person licence remains in force unless it lapses or is cancelled or surrendered.","sortOrder":138},{"sectionNumber":"sec.112","sectionType":"section","heading":"Lapsing of licence","content":"### sec.112 Lapsing of licence\n\nA key person licence lapses if the key person licensee is a licensed employee and—\nat the end of 1 year after the licence was issued, the licensee has not been employed (whether as a key employee or in another capacity) by an authority operator; or\nthe licensee ceases to be employed by an authority operator and is not re-employed by the same or another authority operator within the following 3 months.\nA key person licence lapses if the key person licensee is licensed as a key operator and ceases to be a key operator.\n(sec.112-ssec.1) A key person licence lapses if the key person licensee is a licensed employee and— at the end of 1 year after the licence was issued, the licensee has not been employed (whether as a key employee or in another capacity) by an authority operator; or the licensee ceases to be employed by an authority operator and is not re-employed by the same or another authority operator within the following 3 months.\n(sec.112-ssec.2) A key person licence lapses if the key person licensee is licensed as a key operator and ceases to be a key operator.\n- (a) at the end of 1 year after the licence was issued, the licensee has not been employed (whether as a key employee or in another capacity) by an authority operator; or\n- (b) the licensee ceases to be employed by an authority operator and is not re-employed by the same or another authority operator within the following 3 months.","sortOrder":139},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Suitability of persons","content":"## Suitability of persons","sortOrder":140},{"sectionNumber":"sec.113","sectionType":"section","heading":"Suitability of applicants and key person licensees","content":"### sec.113 Suitability of applicants and key person licensees\n\nThis section applies to the chief executive in deciding whether an applicant for a key person licence (the involved person ) or a key person licensee (also the involved person ) is a suitable person to hold a key person licence.\nThe chief executive may have regard to the following matters—\nthe involved person’s character;\nthe involved person’s current financial position and financial background;\nthe involved person’s general suitability to carry out functions as a key employee or to be a key operator for an authority operator.\n(sec.113-ssec.1) This section applies to the chief executive in deciding whether an applicant for a key person licence (the involved person ) or a key person licensee (also the involved person ) is a suitable person to hold a key person licence.\n(sec.113-ssec.2) The chief executive may have regard to the following matters— the involved person’s character; the involved person’s current financial position and financial background; the involved person’s general suitability to carry out functions as a key employee or to be a key operator for an authority operator.\n- (a) the involved person’s character;\n- (b) the involved person’s current financial position and financial background;\n- (c) the involved person’s general suitability to carry out functions as a key employee or to be a key operator for an authority operator.","sortOrder":141},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Dealings affecting key person licences","content":"## Dealings affecting key person licences","sortOrder":142},{"sectionNumber":"sec.114","sectionType":"section","heading":"Changing conditions of licence","content":"### sec.114 Changing conditions of licence\n\nThe chief executive may decide to change the conditions of a key person licence if the chief executive considers it is necessary or desirable to make the change for the proper conduct of approved wagering or otherwise in the public interest.\nIf the chief executive decides to change the conditions, the chief executive must immediately—\ngive the key person licensee—\nwritten notice of the changed conditions; and\nan information notice for the decision; and\nif the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.\nA change of the conditions—\ntakes effect—\non the day the information notice for the change is given to the key person licensee; or\nif a later day of effect is stated in the notice—on the later day; and\ndoes not depend on the key person licence being amended to record the change, or a replacement licence recording the change being issued.\nThe power of the chief executive to change the conditions of a key person licence includes the power to add conditions to an unconditional licence.\ns 114 amd 2004 No. 21 s 110\n(sec.114-ssec.1) The chief executive may decide to change the conditions of a key person licence if the chief executive considers it is necessary or desirable to make the change for the proper conduct of approved wagering or otherwise in the public interest.\n(sec.114-ssec.2) If the chief executive decides to change the conditions, the chief executive must immediately— give the key person licensee— written notice of the changed conditions; and an information notice for the decision; and if the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.\n(sec.114-ssec.3) A change of the conditions— takes effect— on the day the information notice for the change is given to the key person licensee; or if a later day of effect is stated in the notice—on the later day; and does not depend on the key person licence being amended to record the change, or a replacement licence recording the change being issued.\n(sec.114-ssec.4) The power of the chief executive to change the conditions of a key person licence includes the power to add conditions to an unconditional licence.\n- (a) give the key person licensee— (i) written notice of the changed conditions; and (ii) an information notice for the decision; and\n- (i) written notice of the changed conditions; and\n- (ii) an information notice for the decision; and\n- (b) if the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.\n- (i) written notice of the changed conditions; and\n- (ii) an information notice for the decision; and\n- (a) takes effect— (i) on the day the information notice for the change is given to the key person licensee; or (ii) if a later day of effect is stated in the notice—on the later day; and\n- (i) on the day the information notice for the change is given to the key person licensee; or\n- (ii) if a later day of effect is stated in the notice—on the later day; and\n- (b) does not depend on the key person licence being amended to record the change, or a replacement licence recording the change being issued.\n- (i) on the day the information notice for the change is given to the key person licensee; or\n- (ii) if a later day of effect is stated in the notice—on the later day; and","sortOrder":143},{"sectionNumber":"sec.115","sectionType":"section","heading":"Recording change of conditions","content":"### sec.115 Recording change of conditions\n\nThe key person licensee must return the key person licence to the chief executive within 7 days of receiving the information notice notifying a change of conditions, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the key person licence, the chief executive must—\namend the licence in an appropriate way and return the amended licence to the key person licensee; or\nif the chief executive does not consider it practicable to amend the licence—issue a replacement key person licence, incorporating the changed conditions, to the key person licensee.\n(sec.115-ssec.1) The key person licensee must return the key person licence to the chief executive within 7 days of receiving the information notice notifying a change of conditions, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.115-ssec.2) On receiving the key person licence, the chief executive must— amend the licence in an appropriate way and return the amended licence to the key person licensee; or if the chief executive does not consider it practicable to amend the licence—issue a replacement key person licence, incorporating the changed conditions, to the key person licensee.\n- (a) amend the licence in an appropriate way and return the amended licence to the key person licensee; or\n- (b) if the chief executive does not consider it practicable to amend the licence—issue a replacement key person licence, incorporating the changed conditions, to the key person licensee.","sortOrder":144},{"sectionNumber":"sec.116","sectionType":"section","heading":"Replacement of licence","content":"### sec.116 Replacement of licence\n\nA key person licensee may apply to the chief executive for the replacement of the key person licence if the licence has been lost, stolen, destroyed or damaged.\nThe chief executive must consider an application and either grant or refuse to grant the application.\nThe chief executive must grant 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 key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\nIf the chief executive decides to refuse to grant an application, the chief executive must promptly—\ngive the key person licensee an information notice about the decision; and\nif the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.\n(sec.116-ssec.1) A key person licensee may apply to the chief executive for the replacement of the key person licence if the licence has been lost, stolen, destroyed or damaged.\n(sec.116-ssec.2) The chief executive must consider an application and either grant or refuse to grant the application.\n(sec.116-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.116-ssec.4) If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\n(sec.116-ssec.5) If the chief executive decides to refuse to grant an application, the chief executive must promptly— give the key person licensee an information notice about the decision; and if the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.\n- (a) give the key person licensee an information notice about the decision; and\n- (b) if the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.","sortOrder":145},{"sectionNumber":"sec.117","sectionType":"section","heading":"Surrender of licence","content":"### sec.117 Surrender of licence\n\nA key person licensee may surrender the key person licence by written notice given to the chief executive.\nThe surrender takes effect—\non the day the notice is given to the chief executive; or\nif a later day of effect is stated in the notice—on the later day.\nIf the chief executive believes the key person licensee was, at the time of the surrender, an employee or key operator of an authority operator, the chief executive must promptly give written notice of the surrender to the authority operator.\n(sec.117-ssec.1) A key person licensee may surrender the key person licence by written notice given to the chief executive.\n(sec.117-ssec.2) The surrender takes effect— on the day the notice is given to the chief executive; or if a later day of effect is stated in the notice—on the later day.\n(sec.117-ssec.3) If the chief executive believes the key person licensee was, at the time of the surrender, an employee or key operator of an authority operator, the chief executive must promptly give written notice of the surrender to the authority operator.\n- (a) on the day the notice is given to the chief executive; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":146},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Investigation of key person licensees","content":"## Investigation of key person licensees","sortOrder":147},{"sectionNumber":"sec.118","sectionType":"section","heading":"Audit program","content":"### sec.118 Audit program\n\nThe chief executive may approve an audit program for investigating key person licensees.\nThe chief executive is responsible for ensuring an investigation of a key person licensee under an approved audit program is conducted in accordance with the program.\n(sec.118-ssec.1) The chief executive may approve an audit program for investigating key person licensees.\n(sec.118-ssec.2) The chief executive is responsible for ensuring an investigation of a key person licensee under an approved audit program is conducted in accordance with the program.","sortOrder":148},{"sectionNumber":"sec.119","sectionType":"section","heading":"Investigation of suitability of key person licensees","content":"### sec.119 Investigation of suitability of key person licensees\n\nThe chief executive may investigate a key person licensee to help the chief executive decide whether the licensee is a suitable person to hold a key person licence.\nCriteria for deciding a person’s suitability to hold a key person licence are dealt with in section 113 .\nHowever, the chief executive may investigate a key person licensee only if—\nthe chief executive reasonably suspects the licensee is not a suitable person to hold a key person licence; or\nthe investigation is made under an audit program for key person licensees approved by the chief executive.\nAlso, a key person licensee may be investigated under an audit program only if there has not been an investigation of the licensee under the program within the preceding 2 years.\ns 119 amd 2013 No. 62 s 65\n(sec.119-ssec.1) The chief executive may investigate a key person licensee to help the chief executive decide whether the licensee is a suitable person to hold a key person licence. Criteria for deciding a person’s suitability to hold a key person licence are dealt with in section 113 .\n(sec.119-ssec.2) However, the chief executive may investigate a key person licensee only if— the chief executive reasonably suspects the licensee is not a suitable person to hold a key person licence; or the investigation is made under an audit program for key person licensees approved by the chief executive.\n(sec.119-ssec.3) Also, a key person licensee may be investigated under an audit program only if there has not been an investigation of the licensee under the program within the preceding 2 years.\n- (a) the chief executive reasonably suspects the licensee is not a suitable person to hold a key person licence; or\n- (b) the investigation is made under an audit program for key person licensees approved by the chief executive.","sortOrder":149},{"sectionNumber":"sec.120","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.120 Requirement to give information or document for investigation\n\nIn investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the key person licensee it is an offence to fail to comply with the requirement, unless the licensee has a reasonable excuse.\n(sec.120-ssec.1) In investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.120-ssec.2) When making the requirement, the chief executive must warn the key person licensee it is an offence to fail to comply with the requirement, unless the licensee has a reasonable excuse.","sortOrder":150},{"sectionNumber":"sec.121","sectionType":"section","heading":"Failure to give information or document for investigation","content":"### sec.121 Failure to give information or document for investigation\n\nA key person licensee of whom a requirement is made under section 120 must comply with the requirement, unless the licensee has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse for the key person licensee not to comply with the requirement if complying with the requirement might tend to incriminate the licensee.\nThe key person licensee does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.121-ssec.1) A key person licensee of whom a requirement is made under section 120 must comply with the requirement, unless the licensee has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.121-ssec.2) It is a reasonable excuse for the key person licensee not to comply with the requirement if complying with the requirement might tend to incriminate the licensee.\n(sec.121-ssec.3) The key person licensee does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":151},{"sectionNumber":"sec.122","sectionType":"section","heading":"Criminal history report for investigation","content":"### sec.122 Criminal history report for investigation\n\nIf the chief executive in investigating a key person licensee under section 119 asks the commissioner of the police service for a written report on the licensee’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.122-ssec.1) If the chief executive in investigating a key person licensee under section 119 asks the commissioner of the police service for a written report on the licensee’s criminal history, the commissioner must give the report to the chief executive.\n(sec.122-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":152},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Suspension and cancellation of key person licences, and other action by chief executive","content":"## Suspension and cancellation of key person licences, and other action by chief executive","sortOrder":153},{"sectionNumber":"sec.123","sectionType":"section","heading":"Grounds","content":"### sec.123 Grounds\n\nEach of the following is a ground for suspending or cancelling a key person licensee’s key person licence—\nthe key person licensee—\nis not a suitable person to hold a key person licence; or\nacts in a way that is inappropriate for the conduct of authorised wagering; 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 key person licensee has a conviction, other than a spent conviction, for—\nan offence against this Act or a gaming Act; or\nan indictable offence;\nthe key person licence was issued because of a materially false or misleading representation or document.\nFor forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 113 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.\nFor subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of authorised wagering if the licensee does, or omits to do, an act that results in—\nthe conduct of authorised wagering by an authority operator not being conducted under the operator’s control system for the conduct of the wagering; and\nthe integrity of the conduct of authorised wagering being jeopardised.\ns 123 sub 2004 No. 21 s 111\namd 2013 No. 25 s 181 ; 2023 No. 23 s 247 sch 1 s 41\n(sec.123-ssec.1) Each of the following is a ground for suspending or cancelling a key person licensee’s key person licence— the key person licensee— is not a suitable person to hold a key person licence; or acts in a way that is inappropriate for the conduct of authorised wagering; 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 key person licensee has a conviction, other than a spent conviction, for— an offence against this Act or a gaming Act; or an indictable offence; the key person licence was issued because of a materially false or misleading representation or document.\n(sec.123-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 113 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.\n(sec.123-ssec.3) For subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of authorised wagering if the licensee does, or omits to do, an act that results in— the conduct of authorised wagering by an authority operator not being conducted under the operator’s control system for the conduct of the wagering; and the integrity of the conduct of authorised wagering being jeopardised.\n- (a) the key person licensee— (i) is not a suitable person to hold a key person licence; or (ii) acts in a way that is inappropriate for the conduct of authorised wagering; 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 key person licence; or\n- (ii) acts in a way that is inappropriate for the conduct of authorised wagering; 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 key person licensee 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 key person licence was issued because of a materially false or misleading representation or document.\n- (i) is not a suitable person to hold a key person licence; or\n- (ii) acts in a way that is inappropriate for the conduct of authorised wagering; 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 authorised wagering by an authority operator not being conducted under the operator’s control system for the conduct of the wagering; and\n- (b) the integrity of the conduct of authorised wagering being jeopardised.","sortOrder":154},{"sectionNumber":"sec.124","sectionType":"section","heading":"Show cause notice","content":"### sec.124 Show cause notice\n\nIf the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice ).\nThe show cause notice must state the following—\nthe action the chief executive proposes taking under this subdivision (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence—the proposed suspension period;\nthat the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\nThe show cause period must end at least 21 days after the key person licensee is given the show cause notice.\nSubsection (5) applies if the chief executive believes—\nthe key person licensee is an employee or a key operator of an authority operator; and\nthe existence of the grounds for the proposed action is likely to adversely affect the conduct of authorised wagering by the authority operator.\nThe chief executive must immediately give a copy of the show cause notice to the authority operator.\nThe authority operator may make written representations about the show cause notice to the chief executive in the show cause period.\ns 124 sub 2004 No. 21 s 111\n(sec.124-ssec.1) If the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice ).\n(sec.124-ssec.2) The show cause notice must state the following— the action the chief executive proposes taking under this subdivision (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n(sec.124-ssec.3) The show cause period must end at least 21 days after the key person licensee is given the show cause notice.\n(sec.124-ssec.4) Subsection (5) applies if the chief executive believes— the key person licensee is an employee or a key operator of an authority operator; and the existence of the grounds for the proposed action is likely to adversely affect the conduct of authorised wagering by the authority operator.\n(sec.124-ssec.5) The chief executive must immediately give a copy of the show cause notice to the authority operator.\n(sec.124-ssec.6) The authority operator may make written representations about the show cause notice to the chief executive in the show cause period.\n- (a) the action the chief executive proposes taking under this subdivision (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence—the proposed suspension period;\n- (e) that the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n- (a) the key person licensee is an employee or a key operator of an authority operator; and\n- (b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of authorised wagering by the authority operator.","sortOrder":155},{"sectionNumber":"sec.125","sectionType":"section","heading":"Consideration of representations","content":"### sec.125 Consideration of representations\n\nThe chief executive must consider all written representations (the accepted representations ) made under section 124 (2) (e) or (6) .\ns 125 sub 2004 No. 21 s 111","sortOrder":156},{"sectionNumber":"sec.126","sectionType":"section","heading":"Immediate suspension","content":"### sec.126 Immediate suspension\n\nThe chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes—\na ground exists to suspend or cancel the licence; and\nit is necessary to suspend the licence immediately—\nin the public interest; or\nto ensure the integrity of the conduct of authorised wagering is not jeopardised.\nThe suspension—\ncan be effected only by the chief executive giving the key person licensee an information notice for the decision to suspend the licence, together with a show cause notice; and\noperates immediately the information notice is given to the licensee; and\ncontinues to operate until the show cause notice is finally dealt with.\nIf the chief executive believes the key person licensee is an employee or a key operator of an authority operator, the chief executive must immediately give written notice of the suspension to the authority operator.\ns 126 sub 2004 No. 21 s 111\n(sec.126-ssec.1) The chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes— a ground exists to suspend or cancel the licence; and it is necessary to suspend the licence immediately— in the public interest; or to ensure the integrity of the conduct of authorised wagering is not jeopardised.\n(sec.126-ssec.2) The suspension— can be effected only by the chief executive giving the key person licensee an information notice for the decision to suspend the licence, together with a show cause notice; and operates immediately the information notice is given to the licensee; and continues to operate until the show cause notice is finally dealt with.\n(sec.126-ssec.3) If the chief executive believes the key person licensee is an employee or a key operator of an authority operator, the chief executive must immediately give written notice of the suspension to the authority operator.\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 authorised wagering is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of authorised wagering is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of authorised wagering is not jeopardised.\n- (a) can be effected only by the chief executive giving the key person licensee an information notice for the decision to suspend the licence, together with a show cause notice; and\n- (b) operates immediately the information notice is given to the licensee; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":157},{"sectionNumber":"sec.127","sectionType":"section","heading":"Suspension and cancellation of licence after show cause process","content":"### sec.127 Suspension and cancellation of licence after show cause process\n\nThis section applies if—\nthere are no accepted representations for a show cause notice; or\nafter considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a key person licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThis section also applies if a key person licensee contravenes a direction given to the licensee under section 130 .\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 for the decision to the key person licensee; and\nif the chief executive believes the licensee is an employee or a key operator of an authority operator—give written notice of the suspension or cancellation to the authority operator.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the key person licensee;\nthe day of effect stated in the information notice.\nIf the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect.\nMaximum penalty for subsection (6) —40 penalty units.\ns 127 sub 2004 No. 21 s 111\n(sec.127-ssec.1) This section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes suspension or cancellation of the licence is warranted.\n(sec.127-ssec.2) This section also applies if a key person licensee contravenes a direction given to the licensee under section 130 .\n(sec.127-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.127-ssec.4) If the chief executive decides to take action under subsection (3) , the chief executive must immediately— give an information notice for the decision to the key person licensee; and if the chief executive believes the licensee is an employee or a key operator of an authority operator—give written notice of the suspension or cancellation to the authority operator.\n(sec.127-ssec.5) The decision takes effect on the later of the following— the day the information notice is given to the key person licensee; the day of effect stated in the information notice.\n(sec.127-ssec.6) If the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect. Maximum penalty for subsection (6) —40 penalty units.\n- (a) there are no accepted representations for a show cause notice; or\n- (b) after considering the accepted representations for a show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel a key person licence; and (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel a key person licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel a key person licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (a) if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n- (a) give an information notice for the decision to the key person licensee; and\n- (b) if the chief executive believes the licensee is an employee or a key operator of an authority operator—give written notice of the suspension or cancellation to the authority operator.\n- (a) the day the information notice is given to the key person licensee;\n- (b) the day of effect stated in the information notice.","sortOrder":158},{"sectionNumber":"sec.128","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.128 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.\nThe chief executive—\nmust not take any further action about the show cause notice; and\nmust give each of the following a written notice stating that no further action is to be taken—\nthe key person licensee;\nan authority operator to whom a copy of the show cause notice was given under section 124 (5) .\ns 128 amd 2002 No. 43 s 106\nsub 2004 No. 21 s 111\n(sec.128-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.\n(sec.128-ssec.2) The chief executive— must not take any further action about the show cause notice; and must give each of the following a written notice stating that no further action is to be taken— the key person licensee; an authority operator to whom a copy of the show cause notice was given under section 124 (5) .\n- (a) must not take any further action about the show cause notice; and\n- (b) must give each of the following a written notice stating that no further action is to be taken— (i) the key person licensee; (ii) an authority operator to whom a copy of the show cause notice was given under section 124 (5) .\n- (i) the key person licensee;\n- (ii) an authority operator to whom a copy of the show cause notice was given under section 124 (5) .\n- (i) the key person licensee;\n- (ii) an authority operator to whom a copy of the show cause notice was given under section 124 (5) .","sortOrder":159},{"sectionNumber":"sec.129","sectionType":"section","heading":"Censuring key person licensee","content":"### sec.129 Censuring key person licensee\n\nThe chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive—\nbelieves a ground exists to suspend or cancel the licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or\nafter considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.\nThe censure can be effected only by the chief executive giving the key person licensee an information notice for the decision to censure the licensee.\nIf the chief executive believes the key person licensee is an employee or a key operator of an authority operator, the chief executive must immediately give written notice of the censure to the authority operator.\ns 129 amd 2002 No. 43 s 111 sch 1\nsub 2004 No. 21 s 111\n(sec.129-ssec.1) The chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive— believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.\n(sec.129-ssec.2) The censure can be effected only by the chief executive giving the key person licensee an information notice for the decision to censure the licensee.\n(sec.129-ssec.3) If the chief executive believes the key person licensee is an employee or a key operator of an authority operator, the chief executive must immediately give written notice of the censure to the authority operator.\n- (a) believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or\n- (b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.","sortOrder":160},{"sectionNumber":"sec.130","sectionType":"section","heading":"Direction to rectify matter after show cause process","content":"### sec.130 Direction to rectify matter after show cause process\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a key person licence; and\nbelieves a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.\nThe chief executive may direct the key person licensee to rectify the matter.\nIf the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice for 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 an authority operator under section 124 (5) , the chief executive must give written notice of the direction to the authority operator immediately after giving the information notice to the key person licensee.\ns 130 sub 2004 No. 21 s 111\n(sec.130-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.\n(sec.130-ssec.2) The chief executive may direct the key person licensee to rectify the matter.\n(sec.130-ssec.3) If the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice for the decision.\n(sec.130-ssec.4) The information notice must state the period for rectifying the matter.\n(sec.130-ssec.5) The period must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.130-ssec.6) If the chief executive gave a copy of the show cause notice to an authority operator under section 124 (5) , the chief executive must give written notice of the direction to the authority operator immediately after giving the information notice to the key person licensee.\n- (a) still believes a ground exists to suspend or cancel a key person licence; and\n- (b) believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.","sortOrder":161},{"sectionNumber":"sec.131","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.131 Cancellation or reduction of period of suspension\n\nIf the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—\ncancel the period; or\nreduce the period by a stated period.\nThe chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.\nThe chief executive must immediately give written notice of the decision to—\nthe key person licensee; and\nif the chief executive believed the key person licensee was an employee or a key operator of an authority operator when the key person licence was suspended—the authority operator.\nSubsection (1) does not apply to an immediate suspension.\ns 131 sub 2004 No. 21 s 111\n(sec.131-ssec.1) If the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force— cancel the period; or reduce the period by a stated period.\n(sec.131-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.131-ssec.3) The chief executive must immediately give written notice of the decision to— the key person licensee; and if the chief executive believed the key person licensee was an employee or a key operator of an authority operator when the key person licence was suspended—the authority operator.\n(sec.131-ssec.4) Subsection (1) does not apply to an immediate suspension.\n- (a) cancel the period; or\n- (b) reduce the period by a stated period.\n- (a) the key person licensee; and\n- (b) if the chief executive believed the key person licensee was an employee or a key operator of an authority operator when the key person licence was suspended—the authority operator.","sortOrder":162},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Requirements about employment","content":"## Requirements about employment","sortOrder":163},{"sectionNumber":"sec.132","sectionType":"section","heading":"Notice of start of licensed employee’s employment","content":"### sec.132 Notice of start of licensed employee’s employment\n\nWithin 7 days after a licensed employee starts employment with an authority operator, the authority operator must notify the chief executive of the start of the employment by notice in the approved form.\nMaximum penalty—40 penalty units.","sortOrder":164},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 om 2014 No. 30 s 44","sortOrder":165},{"sectionNumber":"sec.134","sectionType":"section","heading":"Notice of end of licensed employee’s employment","content":"### sec.134 Notice of end of licensed employee’s employment\n\nThis section applies if—\nan authority operator ends the employment of a licensed employee; or\na licensed employee ends the employee’s employment with an authority operator; or\na licensed employee otherwise ceases to be employed by an authority operator.\nWithin 7 days after the licensed employee’s employment with the authority operator ends, the authority operator must notify the chief executive of the end of the employment by notice in the approved form.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.134-ssec.1) This section applies if— an authority operator ends the employment of a licensed employee; or a licensed employee ends the employee’s employment with an authority operator; or a licensed employee otherwise ceases to be employed by an authority operator.\n(sec.134-ssec.2) Within 7 days after the licensed employee’s employment with the authority operator ends, the authority operator must notify the chief executive of the end of the employment by notice in the approved form. Maximum penalty for subsection (2) —40 penalty units.\n- (a) an authority operator ends the employment of a licensed employee; or\n- (b) a licensed employee ends the employee’s employment with an authority operator; or\n- (c) a licensed employee otherwise ceases to be employed by an authority operator.","sortOrder":166},{"sectionNumber":"sec.135","sectionType":"section","heading":"Requirement to end licensed employee’s employment","content":"### sec.135 Requirement to end licensed employee’s employment\n\nThis section applies if—\na key person licence held by a licensed employee of an authority operator is cancelled or suspended; or\na licensed employee of an authority operator ceases to hold a key person licence for some other reason.\nThe chief executive may, by written notice given to the authority operator, require the operator to end the employee’s employment as a key employee within the time stated in the notice.\nThe authority operator must comply with the requirement.\nThis section applies to an authority operator despite any other Act or law or any industrial award or agreement.\nAn authority operator does not incur any liability because of action taken to comply with a requirement under this section.\n(sec.135-ssec.1) This section applies if— a key person licence held by a licensed employee of an authority operator is cancelled or suspended; or a licensed employee of an authority operator ceases to hold a key person licence for some other reason.\n(sec.135-ssec.2) The chief executive may, by written notice given to the authority operator, require the operator to end the employee’s employment as a key employee within the time stated in the notice.\n(sec.135-ssec.3) The authority operator must comply with the requirement.\n(sec.135-ssec.4) This section applies to an authority operator despite any other Act or law or any industrial award or agreement.\n(sec.135-ssec.5) An authority operator does not incur any liability because of action taken to comply with a requirement under this section.\n- (a) a key person licence held by a licensed employee of an authority operator is cancelled or suspended; or\n- (b) a licensed employee of an authority operator ceases to hold a key person licence for some other reason.","sortOrder":167},{"sectionNumber":"pt.7-div.9","sectionType":"division","heading":"Requirements about association with key operators","content":"## Requirements about association with key operators","sortOrder":168},{"sectionNumber":"sec.136","sectionType":"section","heading":"Notice of end of key operator’s role","content":"### sec.136 Notice of end of key operator’s role\n\nThis section applies if a person who holds a key person licence as a key operator stops being a key operator for an authority operator.\nWithin 7 days after the person stops being a key operator for the authority operator, the authority operator must notify the chief executive of that fact by notice in the approved form.\nMaximum penalty for subsection (2) —40 penalty units.\ns 136 amd 2000 No. 51 s 99\n(sec.136-ssec.1) This section applies if a person who holds a key person licence as a key operator stops being a key operator for an authority operator.\n(sec.136-ssec.2) Within 7 days after the person stops being a key operator for the authority operator, the authority operator must notify the chief executive of that fact by notice in the approved form. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":169},{"sectionNumber":"sec.137","sectionType":"section","heading":"Requirement to end key operator’s role","content":"### sec.137 Requirement to end key operator’s role\n\nThis section applies if—\na key person licence held by a key operator for an authority operator is cancelled or suspended; or\na key operator for an authority operator ceases to hold a key person licence for some other reason.\nThe chief executive may, by written notice given to the authority operator, require the authority operator to take any action that is necessary and reasonable to ensure the person ceases to be a key operator for the authority operator within the time stated in the notice.\nThe authority operator must comply with the requirement.\nThis section applies to an authority operator despite any other Act or law.\nAn authority operator does not incur any liability because of action taken to comply with a requirement under this section.\n(sec.137-ssec.1) This section applies if— a key person licence held by a key operator for an authority operator is cancelled or suspended; or a key operator for an authority operator ceases to hold a key person licence for some other reason.\n(sec.137-ssec.2) The chief executive may, by written notice given to the authority operator, require the authority operator to take any action that is necessary and reasonable to ensure the person ceases to be a key operator for the authority operator within the time stated in the notice.\n(sec.137-ssec.3) The authority operator must comply with the requirement.\n(sec.137-ssec.4) This section applies to an authority operator despite any other Act or law.\n(sec.137-ssec.5) An authority operator does not incur any liability because of action taken to comply with a requirement under this section.\n- (a) a key person licence held by a key operator for an authority operator is cancelled or suspended; or\n- (b) a key operator for an authority operator ceases to hold a key person licence for some other reason.","sortOrder":170},{"sectionNumber":"pt.7-div.10","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":171},{"sectionNumber":"sec.138","sectionType":"section","heading":"False statements by applicants","content":"### sec.138 False statements by applicants\n\nA person must not, for an application made under this part, state anything the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.","sortOrder":172},{"sectionNumber":"sec.139","sectionType":"section","heading":"Destruction of fingerprints","content":"### sec.139 Destruction of fingerprints\n\nThis section applies if—\nthe chief executive refuses to grant an application for a key person licence; or\na key person licence lapses, or is surrendered or cancelled.\nThe chief executive must have any fingerprints of the applicant or former key person licensee taken for the application for the key person licence destroyed as soon as practicable.\n(sec.139-ssec.1) This section applies if— the chief executive refuses to grant an application for a key person licence; or a key person licence lapses, or is surrendered or cancelled.\n(sec.139-ssec.2) The chief executive must have any fingerprints of the applicant or former key person licensee taken for the application for the key person licence destroyed as soon as practicable.\n- (a) the chief executive refuses to grant an application for a key person licence; or\n- (b) a key person licence lapses, or is surrendered or cancelled.","sortOrder":173},{"sectionNumber":"pt.8","sectionType":"part","heading":"Wagering agents","content":"# Wagering agents","sortOrder":174},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Agency agreements","content":"## Agency agreements","sortOrder":175},{"sectionNumber":"sec.140","sectionType":"section","heading":"Meaning of agency agreement","content":"### sec.140 Meaning of agency agreement\n\nAn agency agreement is an agreement between a licence operator and another person—\nappointing the other person as an agent (a wagering agent ) of the licence operator for the conduct of wagering under the relevant wagering licence; and\ndealing with the wagering agent’s authority; and\nstating the conditions under which the wagering agent acts as, and remains, an agent of the licence operator; and\nstating other matters agreed between the wagering agent and licence operator.\n- (a) appointing the other person as an agent (a wagering agent ) of the licence operator for the conduct of wagering under the relevant wagering licence; and\n- (b) dealing with the wagering agent’s authority; and\n- (c) stating the conditions under which the wagering agent acts as, and remains, an agent of the licence operator; and\n- (d) stating other matters agreed between the wagering agent and licence operator.","sortOrder":176},{"sectionNumber":"sec.141","sectionType":"section","heading":"Conditions for entering into agency agreement","content":"### sec.141 Conditions for entering into agency agreement\n\nA licence operator may enter into an agency agreement only with—\na licensed club; or\na person prescribed under a regulation as a person eligible to be a wagering agent.\nA licence operator may enter into an agency agreement only if the agreement—\nis in a form approved by the chief executive; and\nstates the wagering agent’s place of operation; and\nincludes any other provisions required by the chief executive.\nThe chief executive may require the inclusion of a provision in an agency agreement only if the chief executive reasonably believes the inclusion of the provision is necessary and reasonable to ensure—\nthe integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or\nthe public interest is not affected in an adverse and material way.\ns 141 amd 2004 No. 21 s 123 sch\n(sec.141-ssec.1) A licence operator may enter into an agency agreement only with— a licensed club; or a person prescribed under a regulation as a person eligible to be a wagering agent.\n(sec.141-ssec.2) A licence operator may enter into an agency agreement only if the agreement— is in a form approved by the chief executive; and states the wagering agent’s place of operation; and includes any other provisions required by the chief executive.\n(sec.141-ssec.3) The chief executive may require the inclusion of a provision in an agency agreement only if the chief executive reasonably believes the inclusion of the provision is necessary and reasonable to ensure— the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or the public interest is not affected in an adverse and material way.\n- (a) a licensed club; or\n- (b) a person prescribed under a regulation as a person eligible to be a wagering agent.\n- (a) is in a form approved by the chief executive; and\n- (b) states the wagering agent’s place of operation; and\n- (c) includes any other provisions required by the chief executive.\n- (a) the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or\n- (b) the public interest is not affected in an adverse and material way.","sortOrder":177},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 om 2014 No. 30 s 45","sortOrder":178},{"sectionNumber":"sec.143","sectionType":"section","heading":"Amendment of agency agreement","content":"### sec.143 Amendment of agency agreement\n\nAn agency agreement may be amended only with the written approval of the chief executive.\nThe chief executive may withhold approval of a proposed amendment only if the chief executive considers it is necessary to do so in the public interest or to protect proper standards of integrity in the conduct of authorised wagering under the relevant wagering licence.\n(sec.143-ssec.1) An agency agreement may be amended only with the written approval of the chief executive.\n(sec.143-ssec.2) The chief executive may withhold approval of a proposed amendment only if the chief executive considers it is necessary to do so in the public interest or to protect proper standards of integrity in the conduct of authorised wagering under the relevant wagering licence.","sortOrder":179},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 om 2014 No. 30 s 46","sortOrder":180},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 om 2014 No. 30 s 46","sortOrder":181},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Suitability of persons","content":"## Suitability of persons","sortOrder":182},{"sectionNumber":"sec.146","sectionType":"section","heading":"Suitability of agents","content":"### sec.146 Suitability of agents\n\nIn deciding whether a wagering agent is a suitable person to be a wagering agent, the chief executive may have regard to the following matters—\nthe agent’s character or business reputation;\nthe agent’s current financial position and financial background;\nthe agent’s general suitability to act as an agent for a wagering licensee.\n- (a) the agent’s character or business reputation;\n- (b) the agent’s current financial position and financial background;\n- (c) the agent’s general suitability to act as an agent for a wagering licensee.","sortOrder":183},{"sectionNumber":"sec.147","sectionType":"section","heading":"Suitability of associates","content":"### sec.147 Suitability of associates\n\nIn deciding whether a business or executive associate of a wagering agent is a suitable person to be associated with a wagering agent’s operations, the chief executive may have regard to the following matters—\nthe associate’s character or business reputation;\nthe associate’s current financial position and financial background.\n- (a) the associate’s character or business reputation;\n- (b) the associate’s current financial position and financial background.","sortOrder":184},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Investigation of wagering agents and associates","content":"## Investigation of wagering agents and associates","sortOrder":185},{"sectionNumber":"sec.148","sectionType":"section","heading":"Investigation of suitability of agents","content":"### sec.148 Investigation of suitability of agents\n\nThe chief executive may investigate a wagering agent to help the chief executive decide whether the agent is a suitable person to be a wagering agent.\nHowever, the chief executive may investigate a wagering agent only if the chief executive reasonably suspects the agent is not a suitable person to be a wagering agent.\n(sec.148-ssec.1) The chief executive may investigate a wagering agent to help the chief executive decide whether the agent is a suitable person to be a wagering agent.\n(sec.148-ssec.2) However, the chief executive may investigate a wagering agent only if the chief executive reasonably suspects the agent is not a suitable person to be a wagering agent.","sortOrder":186},{"sectionNumber":"sec.149","sectionType":"section","heading":"Investigation of suitability of associates","content":"### sec.149 Investigation of suitability of associates\n\nThe chief executive may investigate a business or executive associate of a wagering agent to help the chief executive decide whether the associate is a suitable person to be associated with a wagering agent’s operations.\nHowever, the chief executive may investigate a business or executive associate of a wagering agent only if the chief executive reasonably suspects the associate is not a suitable person to be associated with a wagering agent’s operations.\n(sec.149-ssec.1) The chief executive may investigate a business or executive associate of a wagering agent to help the chief executive decide whether the associate is a suitable person to be associated with a wagering agent’s operations.\n(sec.149-ssec.2) However, the chief executive may investigate a business or executive associate of a wagering agent only if the chief executive reasonably suspects the associate is not a suitable person to be associated with a wagering agent’s operations.","sortOrder":187},{"sectionNumber":"sec.150","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.150 Requirement to give information or document for investigation\n\nIn investigating a wagering agent, or business or executive associate of a wagering agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.150-ssec.1) In investigating a wagering agent, or business or executive associate of a wagering agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.150-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.","sortOrder":188},{"sectionNumber":"sec.151","sectionType":"section","heading":"Failure to give information or document for investigation","content":"### sec.151 Failure to give information or document for investigation\n\nA person of whom a requirement is made under section 150 must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.151-ssec.1) A person of whom a requirement is made under section 150 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.151-ssec.2) 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.151-ssec.3) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":189},{"sectionNumber":"sec.152","sectionType":"section","heading":"Criminal history report for investigation","content":"### sec.152 Criminal history report for investigation\n\nIf the chief executive in investigating a person under section 148 or 149 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nThe report is to contain—\nrelevant information in the commissioner’s possession; and\nrelevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\nother relevant information to which the commissioner has access.\n(sec.152-ssec.1) If the chief executive in investigating a person under section 148 or 149 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.152-ssec.2) The report is to contain— relevant information in the commissioner’s possession; and relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and other relevant information to which the commissioner has access.\n- (a) relevant information in the commissioner’s possession; and\n- (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and\n- (c) other relevant information to which the commissioner has access.","sortOrder":190},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Terminating agency agreements","content":"## Terminating agency agreements","sortOrder":191},{"sectionNumber":"sec.153","sectionType":"section","heading":"Grounds for directing termination","content":"### sec.153 Grounds for directing termination\n\nA ground for directing the termination of an agency agreement exists if the wagering agent—\nis not a suitable person to be a wagering agent; or\nis not eligible to be a wagering agent for a licence operator; or\nis convicted of an offence against this Act or a gaming Act; or\nis convicted of an indictable offence; or\ncontravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act).\nAlso, a ground for directing the termination of an agency agreement exists if a business or executive associate of the wagering agent is not a suitable person to be associated with a wagering agent’s operations.\n(sec.153-ssec.1) A ground for directing the termination of an agency agreement exists if the wagering agent— is not a suitable person to be a wagering agent; or is not eligible to be a wagering agent for a licence operator; or is convicted of an offence against this Act or a gaming Act; or is convicted of an indictable offence; or contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act).\n(sec.153-ssec.2) Also, a ground for directing the termination of an agency agreement exists if a business or executive associate of the wagering agent is not a suitable person to be associated with a wagering agent’s operations.\n- (a) is not a suitable person to be a wagering agent; or\n- (b) is not eligible to be a wagering agent for a licence operator; or\n- (c) is convicted of an offence against this Act or a gaming Act; or\n- (d) is convicted of an indictable offence; or\n- (e) contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act).","sortOrder":192},{"sectionNumber":"sec.154","sectionType":"section","heading":"Show cause notice","content":"### sec.154 Show cause notice\n\nThis section applies if the chief executive believes—\na ground exists for directing the termination of an agency agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or\nthe public interest may be affected adversely.\nThe chief executive must give the wagering agent a written notice (a show cause notice )—\nstating the chief executive proposes to take action (the proposed action ) to direct the licence operator to terminate the agency agreement; and\nstating the grounds for the proposed action; and\noutlining the facts and circumstances forming the basis for the grounds; and\ninviting the wagering agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering agent.\nThe chief executive must promptly give a copy of the show cause notice to the licence operator.\n(sec.154-ssec.1) This section applies if the chief executive believes— a ground exists for directing the termination of an agency agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or the public interest may be affected adversely.\n(sec.154-ssec.2) The chief executive must give the wagering agent a written notice (a show cause notice )— stating the chief executive proposes to take action (the proposed action ) to direct the licence operator to terminate the agency agreement; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and inviting the wagering agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.154-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering agent.\n(sec.154-ssec.4) The chief executive must promptly give a copy of the show cause notice to the licence operator.\n- (a) a ground exists for directing the termination of an agency agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (a) stating the chief executive proposes to take action (the proposed action ) to direct the licence operator to terminate the agency agreement; and\n- (b) stating the grounds for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the grounds; and\n- (d) inviting the wagering agent to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":193},{"sectionNumber":"sec.155","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.155 Representations about show cause notice\n\nThe wagering agent, and licence operator to whom a copy of the show cause notice is given, may make representations about the show cause notice to the chief executive in the show cause period.\nThe chief executive must consider all written representations (the accepted representations ) made under subsection (1) .\n(sec.155-ssec.1) The wagering agent, and licence operator to whom a copy of the show cause notice is given, may make representations about the show cause notice to the chief executive in the show cause period.\n(sec.155-ssec.2) The chief executive must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":194},{"sectionNumber":"sec.156","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.156 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to direct the termination of the agency agreement.\nThe chief executive must not take any further action about the show cause notice.\nNotice that no further action about the show cause notice is to be taken must be given by the chief executive to the wagering agent and licence operator.\n(sec.156-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to direct the termination of the agency agreement.\n(sec.156-ssec.2) The chief executive must not take any further action about the show cause notice.\n(sec.156-ssec.3) Notice that no further action about the show cause notice is to be taken must be given by the chief executive to the wagering agent and licence operator.","sortOrder":195},{"sectionNumber":"sec.157","sectionType":"section","heading":"Censuring agent","content":"### sec.157 Censuring agent\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes a ground exists to direct the termination of the agency agreement but—\ndoes not believe termination of the agreement is warranted; and\ndoes not consider it is appropriate to take action under section 158 .\nThis section also applies if the chief executive has not given a show cause notice to the wagering agent but—\nbelieves a ground exists to direct the termination of the agency agreement; and\ndoes not believe the giving of a show cause notice is warranted.\nThe chief executive may, by written notice given to the wagering agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.\nThe notice must state the reason for the decision to censure the wagering agent.\nThe chief executive must promptly give a copy of the notice to the licence operator.\n(sec.157-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes a ground exists to direct the termination of the agency agreement but— does not believe termination of the agreement is warranted; and does not consider it is appropriate to take action under section 158 .\n(sec.157-ssec.2) This section also applies if the chief executive has not given a show cause notice to the wagering agent but— believes a ground exists to direct the termination of the agency agreement; and does not believe the giving of a show cause notice is warranted.\n(sec.157-ssec.3) The chief executive may, by written notice given to the wagering agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.\n(sec.157-ssec.4) The notice must state the reason for the decision to censure the wagering agent.\n(sec.157-ssec.5) The chief executive must promptly give a copy of the notice to the licence operator.\n- (a) does not believe termination of the agreement is warranted; and\n- (b) does not consider it is appropriate to take action under section 158 .\n- (a) believes a ground exists to direct the termination of the agency agreement; and\n- (b) does not believe the giving of a show cause notice is warranted.","sortOrder":196},{"sectionNumber":"sec.158","sectionType":"section","heading":"Direction to rectify","content":"### sec.158 Direction to rectify\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes a ground exists to direct the termination of the agency agreement but considers—\na matter relating to the ground is reasonably capable of being rectified; and\nthat it is appropriate to give the wagering agent an opportunity to rectify the matter.\nThis section also applies if the chief executive has not given a show cause notice to the wagering agent and—\nthe chief executive believes a ground exists to direct the termination of the agency agreement; and\nthe chief executive considers—\na matter relating to the ground is reasonably capable of being rectified; and\nthat it is appropriate to give the wagering agent an opportunity to rectify the matter without giving a show cause notice; and\nthe wagering agent and licence operator have been given—\nwritten notice that the chief executive proposes to give a direction under this section; and\na reasonable opportunity to make representations about the proposed direction.\nHowever, this section applies because of subsection (1) only if the chief executive does not have the belief mentioned in section 159 (1) .\nThe chief executive may, by written notice given to the wagering 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 the licence operator.\nThe wagering agent must comply with a direction given under this section.\n(sec.158-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes a ground exists to direct the termination of the agency agreement but considers— a matter relating to the ground is reasonably capable of being rectified; and that it is appropriate to give the wagering agent an opportunity to rectify the matter.\n(sec.158-ssec.2) This section also applies if the chief executive has not given a show cause notice to the wagering agent and— the chief executive believes a ground exists to direct the termination of the agency agreement; and the chief executive considers— a matter relating to the ground is reasonably capable of being rectified; and that it is appropriate to give the wagering agent an opportunity to rectify the matter without giving a show cause notice; and the wagering agent and licence operator have been given— written notice that the chief executive proposes to give a direction under this section; and a reasonable opportunity to make representations about the proposed direction.\n(sec.158-ssec.3) However, this section applies because of subsection (1) only if the chief executive does not have the belief mentioned in section 159 (1) .\n(sec.158-ssec.4) The chief executive may, by written notice given to the wagering agent, direct the agent to rectify the matter within the period stated in the notice.\n(sec.158-ssec.5) The notice must state the reason for the decision to give the direction.\n(sec.158-ssec.6) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.158-ssec.7) The chief executive must promptly give a copy of the notice to the licence operator.\n(sec.158-ssec.8) The wagering agent must comply with a direction given under this section.\n- (a) a matter relating to the ground is reasonably capable of being rectified; and\n- (b) that it is appropriate to give the wagering agent an opportunity to rectify the matter.\n- (a) the chief executive believes a ground exists to direct the termination of the agency agreement; and\n- (b) the chief executive considers— (i) a matter relating to the ground is reasonably capable of being rectified; and (ii) that it is appropriate to give the wagering agent an opportunity to rectify the matter without giving a show cause notice; and\n- (i) a matter relating to the ground is reasonably capable of being rectified; and\n- (ii) that it is appropriate to give the wagering agent an opportunity to rectify the matter without giving a show cause notice; and\n- (c) the wagering agent and licence operator have been given— (i) written notice that the chief executive proposes to give a direction under this section; and (ii) a reasonable opportunity to make representations about the proposed direction.\n- (i) written notice that the chief executive proposes to give a direction under this section; and\n- (ii) a reasonable opportunity to make representations about the proposed direction.\n- (i) a matter relating to the ground is reasonably capable of being rectified; and\n- (ii) that it is appropriate to give the wagering agent an opportunity to rectify the matter without giving a show cause notice; and\n- (i) written notice that the chief executive proposes to give a direction under this section; and\n- (ii) a reasonable opportunity to make representations about the proposed direction.","sortOrder":197},{"sectionNumber":"sec.159","sectionType":"section","heading":"Direction to terminate agreement","content":"### sec.159 Direction to terminate agreement\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes—\na ground exists to direct the termination of the agency agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or\nthe public interest may be affected adversely.\nThis section also applies if—\nafter considering the accepted representations for the show cause notice, the chief executive directs the wagering agent to rectify a matter and the agent fails to comply with the direction within the period stated in the relevant notice; or\nthere are no accepted representations for the show cause notice.\nThe chief executive may, by written notice given to the licence operator, direct the operator to terminate the agreement within the time stated in the notice.\nIf the chief executive gives a direction under this section, the chief executive must promptly give an information notice for the decision to—\nthe licence operator; and\nthe wagering agent affected by the decision.\n(sec.159-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes— a ground exists to direct the termination of the agency agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or the public interest may be affected adversely.\n(sec.159-ssec.2) This section also applies if— after considering the accepted representations for the show cause notice, the chief executive directs the wagering agent to rectify a matter and the agent fails to comply with the direction within the period stated in the relevant notice; or there are no accepted representations for the show cause notice.\n(sec.159-ssec.3) The chief executive may, by written notice given to the licence operator, direct the operator to terminate the agreement within the time stated in the notice.\n(sec.159-ssec.4) If the chief executive gives a direction under this section, the chief executive must promptly give an information notice for the decision to— the licence operator; and the wagering agent affected by the decision.\n- (a) a ground exists to direct the termination of the agency agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (a) after considering the accepted representations for the show cause notice, the chief executive directs the wagering agent to rectify a matter and the agent fails to comply with the direction within the period stated in the relevant notice; or\n- (b) there are no accepted representations for the show cause notice.\n- (a) the licence operator; and\n- (b) the wagering agent affected by the decision.","sortOrder":198},{"sectionNumber":"sec.160","sectionType":"section","heading":"Termination of agreement on direction","content":"### sec.160 Termination of agreement on direction\n\nIf the chief executive directs a licence operator to terminate an agency agreement, the operator must terminate the agreement within the time stated in the relevant notice.\nIf the licence operator 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 licence operator under subsection (1) or by this Act.\nA licence operator does not incur any liability because the operator terminates an agency agreement under subsection (1) .\ns 160 amd 2014 No. 30 s 47\n(sec.160-ssec.1) If the chief executive directs a licence operator to terminate an agency agreement, the operator must terminate the agreement within the time stated in the relevant notice.\n(sec.160-ssec.2) If the licence operator does not terminate the agency agreement as required by subsection (1) , the agreement is terminated by this Act.\n(sec.160-ssec.3) The State does not incur any liability if an agency agreement is terminated by a licence operator under subsection (1) or by this Act.\n(sec.160-ssec.4) A licence operator does not incur any liability because the operator terminates an agency agreement under subsection (1) .","sortOrder":199},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 om 2014 No. 30 s 48","sortOrder":200},{"sectionNumber":"sec.162","sectionType":"section","heading":"Suspending agent’s operations","content":"### sec.162 Suspending agent’s operations\n\nThe chief executive may suspend the wagering agent’s operations if the chief executive believes—\na ground exists to direct the termination of the agency agreement; and\nit is necessary to suspend the operations—\nin the public interest; or\nto ensure the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the wagering 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 wagering agent’s operations.\nThe chief executive must promptly give a copy of the suspension notice to the licence operator.\nA wagering agent must not carry on operations while the agent’s operations are suspended.\nMaximum penalty for subsection (5) —200 penalty units or 2 years imprisonment.\n(sec.162-ssec.1) The chief executive may suspend the wagering agent’s operations if the chief executive believes— a ground exists to direct the termination of the agency agreement; and it is necessary to suspend the operations— in the public interest; or to ensure the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised.\n(sec.162-ssec.2) The suspension— must be effected by written notice (a suspension notice ) given to the wagering 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.162-ssec.3) The suspension notice must state the reason for the decision to suspend the wagering agent’s operations.\n(sec.162-ssec.4) The chief executive must promptly give a copy of the suspension notice to the licence operator.\n(sec.162-ssec.5) A wagering agent must not carry on operations while the agent’s operations are suspended. Maximum penalty for subsection (5) —200 penalty units or 2 years imprisonment.\n- (a) a ground exists to direct the termination of the agency agreement; and\n- (b) it is necessary to suspend the operations— (i) in the public interest; or (ii) to ensure the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised.\n- (a) must be effected by written notice (a suspension notice ) given to the wagering agent with a show cause notice; and\n- (b) operates immediately the suspension notice is given; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":201},{"sectionNumber":"pt.9","sectionType":"part","heading":"Financial","content":"# Financial","sortOrder":202},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Commissions and dividends","content":"## Commissions and dividends","sortOrder":203},{"sectionNumber":"sec.163","sectionType":"section","heading":"Commission","content":"### sec.163 Commission\n\nAn authority operator may deduct, or cause to be deducted, as commission, out of the total amount invested in each totalisator conducted by the authority operator on 1 or more events or contingencies, an amount that is not more than the amount calculated under a regulation.\nWithout limiting the Statutory Instruments Act 1992 , section 25 , a regulation under subsection (1) may apply differently for different events or contingencies.\nAn authority operator must not, under subsection (1) , deduct, or cause to be deducted, for a financial year, out of the total amount invested in the year in totalisators conducted by the authority operator on events or contingencies, an amount that is more than the amount calculated under a regulation.\ns 163 amd 1999 No. 38 s 77\n(sec.163-ssec.1) An authority operator may deduct, or cause to be deducted, as commission, out of the total amount invested in each totalisator conducted by the authority operator on 1 or more events or contingencies, an amount that is not more than the amount calculated under a regulation.\n(sec.163-ssec.1A) Without limiting the Statutory Instruments Act 1992 , section 25 , a regulation under subsection (1) may apply differently for different events or contingencies.\n(sec.163-ssec.2) An authority operator must not, under subsection (1) , deduct, or cause to be deducted, for a financial year, out of the total amount invested in the year in totalisators conducted by the authority operator on events or contingencies, an amount that is more than the amount calculated under a regulation.","sortOrder":204},{"sectionNumber":"sec.164","sectionType":"section","heading":"Dividends","content":"### sec.164 Dividends\n\nAn authority operator, after deducting the operator’s commissions under section 163 , must pay by way of dividends all amounts invested in totalisators conducted by the authority operator on events or contingencies.\nIn calculating a dividend—\na fraction of 10c less than 5c is to be disregarded; and\na fraction of 10c equal to or greater than 5c is to be taken to be 5c.\nSubsections (4) and (5) apply if—\nunder the rules, a minimum dividend decided by the authority operator applies in relation to an investment in a totalisator conducted by the operator; and\nthe application of subsection (2) in calculating the amount of a dividend to be paid under subsection (1) in relation to the investment would result in the amount of the dividend being less than the amount of the minimum dividend.\nSubsection (2) does not apply in calculating the dividend.\nFor subsection (1) , the amount of the dividend is taken to be an amount equal to the minimum dividend.\nAn amount that, apart from subsection (2) or (5) , would be required to be included in a dividend (an unpaid fraction ) may be retained by the authority operator.\ns 164 amd 2021 No. 7 s 71\n(sec.164-ssec.1) An authority operator, after deducting the operator’s commissions under section 163 , must pay by way of dividends all amounts invested in totalisators conducted by the authority operator on events or contingencies.\n(sec.164-ssec.2) In calculating a dividend— a fraction of 10c less than 5c is to be disregarded; and a fraction of 10c equal to or greater than 5c is to be taken to be 5c.\n(sec.164-ssec.3) Subsections (4) and (5) apply if— under the rules, a minimum dividend decided by the authority operator applies in relation to an investment in a totalisator conducted by the operator; and the application of subsection (2) in calculating the amount of a dividend to be paid under subsection (1) in relation to the investment would result in the amount of the dividend being less than the amount of the minimum dividend.\n(sec.164-ssec.4) Subsection (2) does not apply in calculating the dividend.\n(sec.164-ssec.5) For subsection (1) , the amount of the dividend is taken to be an amount equal to the minimum dividend.\n(sec.164-ssec.6) An amount that, apart from subsection (2) or (5) , would be required to be included in a dividend (an unpaid fraction ) may be retained by the authority operator.\n- (a) a fraction of 10c less than 5c is to be disregarded; and\n- (b) a fraction of 10c equal to or greater than 5c is to be taken to be 5c.\n- (a) under the rules, a minimum dividend decided by the authority operator applies in relation to an investment in a totalisator conducted by the operator; and\n- (b) the application of subsection (2) in calculating the amount of a dividend to be paid under subsection (1) in relation to the investment would result in the amount of the dividend being less than the amount of the minimum dividend.","sortOrder":205},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":206},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 amd 2002 No. 43 s 107\nom 2018 No. 13 s 83","sortOrder":207},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 sub 1999 No. 26 s 196 sch 1\namd 2000 No. 20 s 29 sch 3\nom 2018 No. 13 s 83","sortOrder":208},{"sectionNumber":"sec.167","sectionType":"section","heading":null,"content":"### Section sec.167\n\ns 167 om 2018 No. 13 s 83","sortOrder":209},{"sectionNumber":"sec.168","sectionType":"section","heading":"Liability to wagering authority fee","content":"### sec.168 Liability to wagering authority fee\n\nAn authority holder must give consideration (the wagering authority fee ) for the wagering authority.\nThe wagering authority fee is to be calculated and paid or satisfied under the conditions of the wagering authority.\n(sec.168-ssec.1) An authority holder must give consideration (the wagering authority fee ) for the wagering authority.\n(sec.168-ssec.2) The wagering authority fee is to be calculated and paid or satisfied under the conditions of the wagering authority.","sortOrder":210},{"sectionNumber":"sec.168A","sectionType":"section","heading":"Wagering authority administration fee","content":"### sec.168A Wagering authority administration fee\n\nThe conditions of a wagering authority may provide for the payment of a fee (a wagering authority administration fee ) by the authority holder to cover in whole or part the cost to the State of administering this Act in relation to the authority.\nThe wagering authority administration fee is to be calculated and paid or satisfied under the conditions of the wagering authority.\ns 168A ins 1999 No. 38 s 78\n(sec.168A-ssec.1) The conditions of a wagering authority may provide for the payment of a fee (a wagering authority administration fee ) by the authority holder to cover in whole or part the cost to the State of administering this Act in relation to the authority.\n(sec.168A-ssec.2) The wagering authority administration fee is to be calculated and paid or satisfied under the conditions of the wagering authority.","sortOrder":211},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 amd 1999 No. 38 s 79\nsub 2000 No. 51 s 100\namd 2009 No. 9 s 136 sch 1 ; 2010 No. 22 s 31 ; 2012 No. 42 s 77\nom 2013 No. 25 s 182","sortOrder":212},{"sectionNumber":"sec.170","sectionType":"section","heading":"Penalty for late payment","content":"### sec.170 Penalty for late payment\n\nAn authority holder must pay to the chief executive a penalty on an amount or value of wagering authority fee or wagering authority administration fee outstanding (the unpaid amount ) as at the end of the period allowed for payment.\nThe penalty is the percentage prescribed under a regulation of the unpaid amount.\nAn additional penalty is payable by the authority holder to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid—\n1 month after the end of the period allowed for payment of the unpaid amount; and\nat the end of each succeeding month starting—\non the day of the month corresponding to the day mentioned in paragraph (a) ; or\nif there is no corresponding day—on the first day of the following month.\nThe additional penalty is the percentage prescribed under a regulation of each unpaid or other amount for which the penalty is payable.\nA penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.\ns 170 amd 1999 No. 38 s 80 ; 2018 No. 13 s 84\n(sec.170-ssec.1) An authority holder must pay to the chief executive a penalty on an amount or value of wagering authority fee or wagering authority administration fee outstanding (the unpaid amount ) as at the end of the period allowed for payment.\n(sec.170-ssec.2) The penalty is the percentage prescribed under a regulation of the unpaid amount.\n(sec.170-ssec.3) An additional penalty is payable by the authority holder to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid— 1 month after the end of the period allowed for payment of the unpaid amount; and at the end of each succeeding month starting— on the day of the month corresponding to the day mentioned in paragraph (a) ; or if there is no corresponding day—on the first day of the following month.\n(sec.170-ssec.4) The additional penalty is the percentage prescribed under a regulation of each unpaid or other amount for which the penalty is payable.\n(sec.170-ssec.5) A penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.\n- (a) 1 month after the end of the period allowed for payment of the unpaid amount; and\n- (b) at the end of each succeeding month starting— (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or (ii) if there is no corresponding day—on the first day of the following month.\n- (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or\n- (ii) if there is no corresponding day—on the first day of the following month.\n- (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or\n- (ii) if there is no corresponding day—on the first day of the following month.","sortOrder":213},{"sectionNumber":"sec.171","sectionType":"section","heading":"Recovery of amounts","content":"### sec.171 Recovery of amounts\n\nAn amount of wagering authority fee, wagering authority administration fee or penalty payable under this part is a debt payable to the State and may be recovered by action in a court of competent jurisdiction.\ns 171 amd 1999 No. 38 s 81 ; 2018 No. 13 s 85","sortOrder":214},{"sectionNumber":"sec.172","sectionType":"section","heading":"Revenue offence","content":"### sec.172 Revenue offence\n\nAn authority holder must not evade the payment of an amount payable by the authority holder as a wagering authority fee or wagering authority administration fee.\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 289 , to have also committed the offence.\ns 172 amd 1999 No. 38 s 82 ; 2013 No. 51 s 229 sch 1\nsub 2018 No. 13 s 86","sortOrder":215},{"sectionNumber":"pt.10","sectionType":"part","heading":"Compliance requirements","content":"# Compliance requirements","sortOrder":216},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Control systems","content":"## Control systems","sortOrder":217},{"sectionNumber":"sec.173","sectionType":"section","heading":"Authorised wagering to be conducted under control system","content":"### sec.173 Authorised wagering to be conducted under control system\n\nAn authority operator must not conduct authorised wagering under a wagering authority unless the authority operator has a control system complying with section 174 for the wagering.\nMaximum penalty—200 penalty units.\nThe authority operator must not contravene its control system in the conduct of authorised wagering.\nMaximum penalty—200 penalty units.\nAn authority operator must, on request by an inspector, make its control system available for inspection by the inspector.\nMaximum penalty—200 penalty units.\nHowever, subsection (1) applies to a permit holder only if the total amount invested in the holder’s totalisators for the 12 months immediately preceding the day on which the holder conducts the authorised wagering is more than the amount prescribed under a regulation for this subsection.\ns 173 sub 2002 No. 43 s 108\namd 2013 No. 25 s 183\n(sec.173-ssec.1) An authority operator must not conduct authorised wagering under a wagering authority unless the authority operator has a control system complying with section 174 for the wagering. Maximum penalty—200 penalty units.\n(sec.173-ssec.2) The authority operator must not contravene its control system in the conduct of authorised wagering. Maximum penalty—200 penalty units.\n(sec.173-ssec.3) An authority operator must, on request by an inspector, make its control system available for inspection by the inspector. Maximum penalty—200 penalty units.\n(sec.173-ssec.4) However, subsection (1) applies to a permit holder only if the total amount invested in the holder’s totalisators for the 12 months immediately preceding the day on which the holder conducts the authorised wagering is more than the amount prescribed under a regulation for this subsection.","sortOrder":218},{"sectionNumber":"sec.174","sectionType":"section","heading":"Content of control system","content":"### sec.174 Content of control system\n\nAn authority operator’s control system for authorised wagering must—\nbe in writing; and\ninclude details about each matter for the wagering stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes—\nensuring amounts payable by the operator to the State for the wagering are worked out and paid under this Act;\nprotecting the integrity of the conduct of the authorised wagering.\nFor subsection (1) (b) , the matters are—\naccounting systems and procedures; and\nadministrative systems and procedures; and\nprocedures for recording bets and paying winning bets; and\ncomputer software; and\nsystems and procedures for the maintenance, security, storage and transportation of equipment; and\nsystems and procedures for using and maintaining security facilities; and\nthe general procedures to be followed for the conduct of the wagering.\ns 174 amd 2004 No. 21 s 112 ; 2005 No. 12 s 88 sch\nsub 2013 No. 25 s 184\n(sec.174-ssec.1) An authority operator’s control system for authorised wagering must— be in writing; and include details about each matter for the wagering stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes— ensuring amounts payable by the operator to the State for the wagering are worked out and paid under this Act; protecting the integrity of the conduct of the authorised wagering.\n(sec.174-ssec.2) For subsection (1) (b) , the matters are— accounting systems and procedures; and administrative systems and procedures; and procedures for recording bets and paying winning bets; and computer software; and systems and procedures for the maintenance, security, storage and transportation of equipment; and systems and procedures for using and maintaining security facilities; and the general procedures to be followed for the conduct of the wagering.\n- (a) be in writing; and\n- (b) include details about each matter for the wagering stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes— (i) ensuring amounts payable by the operator to the State for the wagering are worked out and paid under this Act; (ii) protecting the integrity of the conduct of the authorised wagering.\n- (i) ensuring amounts payable by the operator to the State for the wagering are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the authorised wagering.\n- (i) ensuring amounts payable by the operator to the State for the wagering are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the authorised wagering.\n- (a) accounting systems and procedures; and\n- (b) administrative systems and procedures; and\n- (c) procedures for recording bets and paying winning bets; and\n- (d) computer software; and\n- (e) systems and procedures for the maintenance, security, storage and transportation of equipment; and\n- (f) systems and procedures for using and maintaining security facilities; and\n- (g) the general procedures to be followed for the conduct of the wagering.","sortOrder":219},{"sectionNumber":"sec.175","sectionType":"section","heading":"Chief executive may give direction about content of control system","content":"### sec.175 Chief executive may give direction about content of control system\n\nThis section applies if the chief executive considers an authority operator’s control system for authorised wagering is insufficient for—\nensuring amounts payable to the State under this Act for the conduct of wagering are properly worked out and paid; or\nprotecting the integrity of the conduct of the authorised wagering.\nThe chief executive may, by written notice to the operator, direct the operator to include in its control system additional details about 1 or more matters mentioned in section 174 (2) within the reasonable period, and in the way, stated in the notice.\nIf the operator does not comply with the direction, at the end of the period stated in the notice the operator’s control system is taken to have been changed in the way stated in the notice.\ns 175 amd 2005 No. 12 s 88 sch\nsub 2013 No. 25 s 184\n(sec.175-ssec.1) This section applies if the chief executive considers an authority operator’s control system for authorised wagering is insufficient for— ensuring amounts payable to the State under this Act for the conduct of wagering are properly worked out and paid; or protecting the integrity of the conduct of the authorised wagering.\n(sec.175-ssec.2) The chief executive may, by written notice to the operator, direct the operator to include in its control system additional details about 1 or more matters mentioned in section 174 (2) within the reasonable period, and in the way, stated in the notice.\n(sec.175-ssec.3) If the operator does not comply with the direction, at the end of the period stated in the notice the operator’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 conduct of wagering are properly worked out and paid; or\n- (b) protecting the integrity of the conduct of the authorised wagering.","sortOrder":220},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 amd 2005 No. 12 s 82\nom 2013 No. 25 s 184","sortOrder":221},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 amd 2005 No. 12 s 88 sch\nom 2013 No. 25 s 184","sortOrder":222},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Wagering records","content":"## Wagering records","sortOrder":223},{"sectionNumber":"sec.178","sectionType":"section","heading":"Notices about keeping wagering records","content":"### sec.178 Notices about keeping wagering records\n\nThe chief executive may, by written notice given to an authority operator—\napprove a place (the approved place ) nominated by the operator as the place where the operator is required to keep the operator’s wagering records; or\nspecify a wagering record of the operator (an exempt wagering record ) that is not required to be kept at the approved place; or\nspecify a wagering record of the operator that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or\napprove the keeping of information contained in a wagering record in a way different from the way the information was kept when the record was being used by the operator; or\napprove the destruction of a wagering record the chief executive considers need not be kept.\nThe chief executive may specify a wagering record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the record to be kept at a place other than the approved place.\nA wagering record mentioned in subsection (1) (c) is also an exempt wagering record —\nfor the period stated in the notice; or\nwhile the circumstances stated in the notice exist.\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 wagering record.\n(sec.178-ssec.1) The chief executive may, by written notice given to an authority operator— approve a place (the approved place ) nominated by the operator as the place where the operator is required to keep the operator’s wagering records; or specify a wagering record of the operator (an exempt wagering record ) that is not required to be kept at the approved place; or specify a wagering record of the operator that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or approve the keeping of information contained in a wagering record in a way different from the way the information was kept when the record was being used by the operator; or approve the destruction of a wagering record the chief executive considers need not be kept.\n(sec.178-ssec.2) The chief executive may specify a wagering record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the record to be kept at a place other than the approved place.\n(sec.178-ssec.3) A wagering record mentioned in subsection (1) (c) is also an exempt wagering record — for the period stated in the notice; or while the circumstances stated in the notice exist.\n(sec.178-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 wagering record.\n- (a) approve a place (the approved place ) nominated by the operator as the place where the operator is required to keep the operator’s wagering records; or\n- (b) specify a wagering record of the operator (an exempt wagering record ) that is not required to be kept at the approved place; or\n- (c) specify a wagering record of the operator that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or\n- (d) approve the keeping of information contained in a wagering record in a way different from the way the information was kept when the record was being used by the operator; or\n- (e) approve the destruction of a wagering record the chief executive considers need not be kept.\n- (a) for the period stated in the notice; or\n- (b) while the circumstances stated in the notice exist.","sortOrder":224},{"sectionNumber":"sec.179","sectionType":"section","heading":"Wagering records to be kept at certain place","content":"### sec.179 Wagering records to be kept at certain place\n\nAn authority operator must keep the operator’s wagering records at—\nthe operator’s principal place of business in the State or, if the operator is a corporation and has its registered office in the State, its registered office; or\nan approved place for the records.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to an exempt wagering record.\n(sec.179-ssec.1) An authority operator must keep the operator’s wagering records at— the operator’s principal place of business in the State or, if the operator is a corporation and has its registered office in the State, its registered office; or an approved place for the records. Maximum penalty—40 penalty units.\n(sec.179-ssec.2) Subsection (1) does not apply to an exempt wagering record.\n- (a) the operator’s principal place of business in the State or, if the operator is a corporation and has its registered office in the State, its registered office; or\n- (b) an approved place for the records.","sortOrder":225},{"sectionNumber":"sec.180","sectionType":"section","heading":"Wagering records to be kept for required period","content":"### sec.180 Wagering records to be kept for required period\n\nAn authority operator must keep a wagering record for 5 years after the end of the transaction to which the record relates.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a wagering record if—\nthe information previously contained in the record is kept in another way under an approval of the chief executive; or\nthe record has been destroyed under an approval of the chief executive.\nSubsection (1) has effect subject to any other law about the retention or destruction of the wagering record.\n(sec.180-ssec.1) An authority operator must keep a wagering record for 5 years after the end of the transaction to which the record relates. Maximum penalty—40 penalty units.\n(sec.180-ssec.2) Subsection (1) does not apply to a wagering record if— the information previously contained in the record is kept in another way under an approval of the chief executive; or the record has been destroyed under an approval of the chief executive.\n(sec.180-ssec.3) Subsection (1) has effect subject to any other law about the retention or destruction of the wagering record.\n- (a) the information previously contained in the record is kept in another way under an approval of the chief executive; or\n- (b) the record has been destroyed under an approval of the chief executive.","sortOrder":226},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Financial accounts, statements and reports","content":"## Financial accounts, statements and reports","sortOrder":227},{"sectionNumber":"sec.181","sectionType":"section","heading":"Keeping of accounts","content":"### sec.181 Keeping of accounts\n\nAn authority operator must—\nkeep accounting records that correctly record and explain the transactions and financial position for the operations of the operator conducted under the wagering authority; 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 operations of the operator conducted under the wagering authority; 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":228},{"sectionNumber":"sec.182","sectionType":"section","heading":"Preparation of financial statements and accounts","content":"### sec.182 Preparation of financial statements and accounts\n\nAn authority operator must prepare financial statements and accounts as required by this section giving a true and fair view of the financial operations of the operator conducted under the wagering authority.\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.182-ssec.1) An authority operator must prepare financial statements and accounts as required by this section giving a true and fair view of the financial operations of the operator conducted under the wagering authority. Maximum penalty—40 penalty units.\n(sec.182-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":229},{"sectionNumber":"sec.183","sectionType":"section","heading":"Submission of reports","content":"### sec.183 Submission of reports\n\nAn authority operator must give reports to the chief executive as required by this section about the operations of the operator conducted under the wagering authority.\nMaximum penalty—40 penalty units.\nThe reports must be given at the times stated in a written notice given to the authority operator by the chief executive.\nA report must be in the approved form.\nThe chief executive may, by written notice given to an authority operator, require the operator 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 operator’s operations.\nAn authority operator must comply with a requirement under subsection (4) within the time stated in the notice, unless the operator has a reasonable excuse.\nMaximum penalty—40 penalty units.\nAn authority operator must not give the chief executive a report containing information, or further information about a report, the operator knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (6) does not apply to an authority operator if the operator, when giving the report or further information—\ninforms the chief executive in writing, to the best of the operator’s ability, how the return or information is false, misleading or incomplete; and\nif the operator has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.\n(sec.183-ssec.1) An authority operator must give reports to the chief executive as required by this section about the operations of the operator conducted under the wagering authority. Maximum penalty—40 penalty units.\n(sec.183-ssec.2) The reports must be given at the times stated in a written notice given to the authority operator by the chief executive.\n(sec.183-ssec.3) A report must be in the approved form.\n(sec.183-ssec.4) The chief executive may, by written notice given to an authority operator, require the operator 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 operator’s operations.\n(sec.183-ssec.5) An authority operator must comply with a requirement under subsection (4) within the time stated in the notice, unless the operator has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.183-ssec.6) An authority operator must not give the chief executive a report containing information, or further information about a report, the operator knows to be false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units.\n(sec.183-ssec.7) Subsection (6) does not apply to an authority operator if the operator, when giving the report or further information— informs the chief executive in writing, to the best of the operator’s ability, how the return or information is false, misleading or incomplete; and if the operator has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.183-ssec.8) It is enough for a complaint for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.\n- (a) informs the chief executive in writing, to the best of the operator’s ability, how the return or information is false, misleading or incomplete; and\n- (b) if the operator has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":230},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Financial institution accounts","content":"## Financial institution accounts","sortOrder":231},{"sectionNumber":"sec.184","sectionType":"section","heading":"Keeping of accounts","content":"### sec.184 Keeping of accounts\n\nAn authority operator must keep a financial institution account, or financial institution accounts, approved by the chief executive for use for all banking or similar transactions for the operations of the operator conducted under the wagering authority.\nMaximum penalty—40 penalty units.","sortOrder":232},{"sectionNumber":"sec.185","sectionType":"section","heading":"Use of accounts","content":"### sec.185 Use of accounts\n\nAn authority operator 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":233},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Audit","content":"## Audit","sortOrder":234},{"sectionNumber":"sec.186","sectionType":"section","heading":"Exempt authority operators","content":"### sec.186 Exempt authority operators\n\nThe chief executive may declare a permit holder to be an exempt authority operator for this division.\nThe chief executive may make a declaration only if the chief executive considers—\nthe permit holder’s operations conducted under the oncourse wagering permit are not significant; and\nin particular, the extent of wagering conducted does not warrant an audit of any of the permit holder’s documents relating to the operations.\nA declaration must be made by written notice given to the permit holder.\n(sec.186-ssec.1) The chief executive may declare a permit holder to be an exempt authority operator for this division.\n(sec.186-ssec.2) The chief executive may make a declaration only if the chief executive considers— the permit holder’s operations conducted under the oncourse wagering permit are not significant; and in particular, the extent of wagering conducted does not warrant an audit of any of the permit holder’s documents relating to the operations.\n(sec.186-ssec.3) A declaration must be made by written notice given to the permit holder.\n- (a) the permit holder’s operations conducted under the oncourse wagering permit are not significant; and\n- (b) in particular, the extent of wagering conducted does not warrant an audit of any of the permit holder’s documents relating to the operations.","sortOrder":235},{"sectionNumber":"sec.187","sectionType":"section","heading":"Audit of operations","content":"### sec.187 Audit of operations\n\nAs soon as practicable after the end of a financial year, an affected authority operator must, at the operator’s own expense, cause the operator’s books, accounts and financial statements for the operator’s operations conducted under the wagering authority for the financial year to be audited by—\na registered company auditor; or\nif the affected authority operator is a permit holder—an approved accountant.\nMaximum penalty—40 penalty units.\nIn this section—\naffected authority operator means an authority operator who has not been declared by the chief executive under section 186 to be an exempt authority operator for this division.\n(sec.187-ssec.1) As soon as practicable after the end of a financial year, an affected authority operator must, at the operator’s own expense, cause the operator’s books, accounts and financial statements for the operator’s operations conducted under the wagering authority for the financial year to be audited by— a registered company auditor; or if the affected authority operator is a permit holder—an approved accountant. Maximum penalty—40 penalty units.\n(sec.187-ssec.2) In this section— affected authority operator means an authority operator who has not been declared by the chief executive under section 186 to be an exempt authority operator for this division.\n- (a) a registered company auditor; or\n- (b) if the affected authority operator is a permit holder—an approved accountant.","sortOrder":236},{"sectionNumber":"sec.188","sectionType":"section","heading":"Completion of audit","content":"### sec.188 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 authority operator.\nMaximum penalty—40 penalty units.\nSubsection (1) (a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.\n(sec.188-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 authority operator. Maximum penalty—40 penalty units.\n(sec.188-ssec.2) Subsection (1) (a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.\n- (a) complete the audit within 3 months after the end of the financial year; and\n- (b) immediately after completion of the audit, give a copy of the audit report to the chief executive and authority operator.","sortOrder":237},{"sectionNumber":"sec.189","sectionType":"section","heading":"Further information following audit","content":"### sec.189 Further information following audit\n\nOn receiving a copy of the audit report, the chief executive may, by written notice given to the authority operator, require the operator to give the chief executive further information about a matter relating to the operations of the operator mentioned in the audit report.\nAn authority operator must comply with a requirement under subsection (1) within the time stated in the notice, unless the operator has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.189-ssec.1) On receiving a copy of the audit report, the chief executive may, by written notice given to the authority operator, require the operator to give the chief executive further information about a matter relating to the operations of the operator mentioned in the audit report.\n(sec.189-ssec.2) An authority operator must comply with a requirement under subsection (1) within the time stated in the notice, unless the operator has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":238},{"sectionNumber":"pt.11","sectionType":"part","heading":"Conduct of approved wagering","content":"# Conduct of approved wagering","sortOrder":239},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Agreements","content":"## Agreements","sortOrder":240},{"sectionNumber":"sec.190","sectionType":"section","heading":"Meaning of ancillary wagering agreement","content":"### sec.190 Meaning of ancillary wagering agreement\n\nAn ancillary wagering agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to an authority operator a thing or service in return for a direct or indirect interest in, or percentage or share of—\namounts received by the operator in the conduct of approved wagering; or\nthe revenue, profit or earnings derived by the operator in the conduct of approved wagering.\nHowever, an ancillary wagering agreement does not include—\nan agency agreement; or\na wagering management agreement; or\na totalisator supply agreement.\n(sec.190-ssec.1) An ancillary wagering agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to an authority operator a thing or service in return for a direct or indirect interest in, or percentage or share of— amounts received by the operator in the conduct of approved wagering; or the revenue, profit or earnings derived by the operator in the conduct of approved wagering.\n(sec.190-ssec.2) However, an ancillary wagering agreement does not include— an agency agreement; or a wagering management agreement; or a totalisator supply agreement.\n- (a) amounts received by the operator in the conduct of approved wagering; or\n- (b) the revenue, profit or earnings derived by the operator in the conduct of approved wagering.\n- (a) an agency agreement; or\n- (b) a wagering management agreement; or\n- (c) a totalisator supply agreement.","sortOrder":241},{"sectionNumber":"sec.191","sectionType":"section","heading":"Meaning of related agreement","content":"### sec.191 Meaning of related agreement\n\nA related agreement is—\nan ancillary wagering agreement; or\nanother agreement, contract, lease or arrangement (whether written or unwritten) entered into between an authority operator and another person relating to the operator’s operations.\nHowever, a related agreement does not include a wagering management agreement.\n(sec.191-ssec.1) A related agreement is— an ancillary wagering agreement; or another agreement, contract, lease or arrangement (whether written or unwritten) entered into between an authority operator and another person relating to the operator’s operations.\n(sec.191-ssec.2) However, a related agreement does not include a wagering management agreement.\n- (a) an ancillary wagering agreement; or\n- (b) another agreement, contract, lease or arrangement (whether written or unwritten) entered into between an authority operator and another person relating to the operator’s operations.","sortOrder":242},{"sectionNumber":"sec.192","sectionType":"section","heading":"Entering into ancillary wagering agreements","content":"### sec.192 Entering into ancillary wagering agreements\n\nAn authority operator must not enter into, or be a party to, an ancillary wagering agreement without the written approval of the Minister.\nMaximum penalty—40 penalty units.","sortOrder":243},{"sectionNumber":"sec.193","sectionType":"section","heading":"Approval for ancillary wagering agreement","content":"### sec.193 Approval for ancillary wagering agreement\n\nAn authority operator may apply to the Minister for approval to enter into an ancillary wagering agreement.\nAn application must—\nbe in writing; and\nif it is proposed the agreement will be in writing—be accompanied by a copy of the proposed agreement.\nThe Minister must consider an application for approval and either give, or refuse to give, the approval.\nHowever, the Minister may give an approval only if the Minister considers it would be appropriate or desirable in all the circumstances for the authority operator to enter into the agreement.\nThe Minister must promptly give the authority operator written notice of the Minister’s decision.\n(sec.193-ssec.1) An authority operator may apply to the Minister for approval to enter into an ancillary wagering agreement.\n(sec.193-ssec.2) An application must— be in writing; and if it is proposed the agreement will be in writing—be accompanied by a copy of the proposed agreement.\n(sec.193-ssec.3) The Minister must consider an application for approval and either give, or refuse to give, the approval.\n(sec.193-ssec.4) However, the Minister may give an approval only if the Minister considers it would be appropriate or desirable in all the circumstances for the authority operator to enter into the agreement.\n(sec.193-ssec.5) The Minister must promptly give the authority operator written notice of the Minister’s decision.\n- (a) be in writing; and\n- (b) if it is proposed the agreement will be in writing—be accompanied by a copy of the proposed agreement.","sortOrder":244},{"sectionNumber":"sec.194","sectionType":"section","heading":"Review of related agreements","content":"### sec.194 Review of related agreements\n\nThe Minister may, by written notice given to an authority operator, require the operator 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 authority operator 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 authority operator must comply with the requirement within the time stated in the notice, unless the operator has a reasonable excuse.\n(sec.194-ssec.1) The Minister may, by written notice given to an authority operator, require the operator 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 authority operator is a party; and if the agreement is in writing—a copy of the agreement.\n(sec.194-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.194-ssec.3) The authority operator must comply with the requirement within the time stated in the notice, unless the operator has a reasonable excuse.\n- (a) the information stated in the notice about a related agreement to which the authority operator 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":245},{"sectionNumber":"sec.195","sectionType":"section","heading":"Show cause notice for related agreement","content":"### sec.195 Show cause notice for related agreement\n\nThis section applies if, after considering the information given to the Minister about the 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 approved wagering; or\nmay affect the public interest adversely.\nThis section also applies if—\nthe authority operator does not comply with the requirement mentioned in section 194 ; and\nthe Minister has the belief mentioned in subsection (1) .\nThe Minister must give the authority operator a written notice (a show cause notice )—\nstating the Minister proposes to take action to direct the termination of the agreement (the proposed action ); and\nstating the grounds for the proposed action; and\noutlining the facts and circumstances forming the basis for the grounds; and\ninviting the operator to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the authority operator.\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.\ns 195 amd 1999 No. 38 s 83\n(sec.195-ssec.1) This section applies if, after considering the information given to the Minister about the 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 approved wagering; or may affect the public interest adversely.\n(sec.195-ssec.2) This section also applies if— the authority operator does not comply with the requirement mentioned in section 194 ; and the Minister has the belief mentioned in subsection (1) .\n(sec.195-ssec.3) The Minister must give the authority operator a written notice (a show cause notice )— stating the Minister proposes to take action to direct the termination of the agreement (the proposed action ); and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and inviting the operator to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.195-ssec.4) The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority operator.\n(sec.195-ssec.5) 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- (a) may jeopardise the integrity of the conduct of approved wagering; or\n- (b) may affect the public interest adversely.\n- (a) the authority operator does not comply with the requirement mentioned in section 194 ; and\n- (b) the Minister has the belief mentioned in subsection (1) .\n- (a) stating the Minister proposes to take action to direct the termination of the agreement (the proposed action ); and\n- (b) stating the grounds for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the grounds; and\n- (d) inviting the operator to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":246},{"sectionNumber":"sec.196","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.196 Representations about show cause notice\n\nThe authority operator and each interested person may make representations about the show cause notice to the Minister in the show cause period.\nThe Minister must consider all written representations (the accepted representations ) made under subsection (1) .\n(sec.196-ssec.1) The authority operator and each interested person may make representations about the show cause notice to the Minister in the show cause period.\n(sec.196-ssec.2) The Minister must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":247},{"sectionNumber":"sec.197","sectionType":"section","heading":"Direction to terminate related agreement","content":"### sec.197 Direction to terminate related agreement\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes the continuance of the agreement—\nmay jeopardise the integrity of the conduct of approved wagering; or\nmay affect the public interest adversely.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe Minister may, by written notice given to each of the parties to the related agreement, direct the termination of 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.197-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes the continuance of the agreement— may jeopardise the integrity of the conduct of approved wagering; or may affect the public interest adversely.\n(sec.197-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.197-ssec.3) The Minister may, by written notice given to each of the parties to the related agreement, direct the termination of the agreement.\n(sec.197-ssec.4) 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.197-ssec.5) 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.197-ssec.6) 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.197-ssec.7) The State does not incur any liability if the agreement is terminated under the direction or by this Act.\n(sec.197-ssec.8) 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 approved wagering; 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":248},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Operations of authority operators and wagering agents","content":"## Operations of authority operators and wagering agents","sortOrder":249},{"sectionNumber":"sec.198","sectionType":"section","heading":"Making rules","content":"### sec.198 Making rules\n\nThe Minister may make rules about approved wagering.\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.\nAn authority operator may make submissions to the Minister about a rule or proposed rule.\ns 198 amd 2009 No. 41 s 108 ; 2022 No. 23 s 104\n(sec.198-ssec.1) The Minister may make rules about approved wagering.\n(sec.198-ssec.2) The Minister must notify the making of a rule on the department’s website.\n(sec.198-ssec.2A) A rule takes effect— on the day the making of the rule is notified on the department’s website; or if a later day is stated in the Minister’s notice or the rule—on that day.\n(sec.198-ssec.3) An authority operator 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":250},{"sectionNumber":"sec.199","sectionType":"section","heading":"Application of rules","content":"### sec.199 Application of rules\n\nThe rules are binding on an authority operator and a person betting or intending to bet with an authority operator for authorised wagering conducted under the wagering authority.","sortOrder":251},{"sectionNumber":"sec.200","sectionType":"section","heading":"Rules to be made available","content":"### sec.200 Rules to be made available\n\nA general operator must make a copy of the rules available for public inspection—\nduring ordinary office hours at each office of the operator; and\non the operator’s website on the internet.\nMaximum penalty—40 penalty units.\ns 200 sub 2009 No. 41 s 109\n- (a) during ordinary office hours at each office of the operator; and\n- (b) on the operator’s website on the internet.","sortOrder":252},{"sectionNumber":"sec.201","sectionType":"section","heading":"General responsibilities of authority operators","content":"### sec.201 General responsibilities of authority operators\n\nAn authority operator, in doing an act for the conduct of approved wagering must ensure the act is done under the rules.\nMaximum penalty—40 penalty units.","sortOrder":253},{"sectionNumber":"sec.202","sectionType":"section","heading":"Responsibility of licence operator for acts of agents","content":"### sec.202 Responsibility of licence operator for acts of agents\n\nA licence operator must take reasonable steps to ensure an act done by a wagering agent of the operator for the conduct of approved wagering is done under the rules.\nMaximum penalty—40 penalty units.","sortOrder":254},{"sectionNumber":"sec.203","sectionType":"section","heading":"Responsibility of wagering agent for agent’s acts","content":"### sec.203 Responsibility of wagering agent for agent’s acts\n\nA wagering agent, in doing an act for the conduct of approved wagering, must ensure the act is done under the rules.\nMaximum penalty—40 penalty units.","sortOrder":255},{"sectionNumber":"sec.204","sectionType":"section","heading":"Meaning of totalisator supply agreement","content":"### sec.204 Meaning of totalisator supply agreement\n\nA totalisator supply agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person (the totalisator supplier ) agrees to install, supply or operate regulated wagering equipment for or to—\na permit holder (the designated operator ); or\na wagering agent that is a licensed club (also the designated operator ).\ns 204 amd 2004 No. 21 s 123 sch\n- (a) a permit holder (the designated operator ); or\n- (b) a wagering agent that is a licensed club (also the designated operator ).","sortOrder":256},{"sectionNumber":"sec.205","sectionType":"section","heading":"Places of operation","content":"### sec.205 Places of operation\n\nAn authority operator must not carry on the operator’s operations at a place other than a place that—\nthe operator has, by notice given to the chief executive, nominated as being the operator’s proposed place of operation; and\nhas been approved by the chief executive.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA wagering agent must not carry on the agent’s operations at a place other than a place that—\nis of a kind prescribed under a regulation as appropriate for a wagering agent; and\nis stated in the agency agreement as the agent’s place of operation.\nMaximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\n(sec.205-ssec.1) An authority operator must not carry on the operator’s operations at a place other than a place that— the operator has, by notice given to the chief executive, nominated as being the operator’s proposed place of operation; and has been approved by the chief executive. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.205-ssec.2) A wagering agent must not carry on the agent’s operations at a place other than a place that— is of a kind prescribed under a regulation as appropriate for a wagering agent; and is stated in the agency agreement as the agent’s place of operation. Maximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\n- (a) the operator has, by notice given to the chief executive, nominated as being the operator’s proposed place of operation; and\n- (b) has been approved by the chief executive.\n- (a) is of a kind prescribed under a regulation as appropriate for a wagering agent; and\n- (b) is stated in the agency agreement as the agent’s place of operation.","sortOrder":257},{"sectionNumber":"sec.206","sectionType":"section","heading":"Acceptance of wagers","content":"### sec.206 Acceptance of wagers\n\nA licence operator, in carrying on the operator’s operations, may accept wagers by phone or another form of communication.\nHowever, subsection (1) does not apply to wagers relating to a simulated event or simulated contingency.\nA licence operator must not accept wagers, relating to a simulated event or simulated contingency, made by phone or another form of communication.\nMaximum penalty—200 penalty units.\nA wagering agent must not accept wagers, relating to a simulated event or simulated contingency, made by phone or another form of communication.\nMaximum penalty—200 penalty units.\ns 206 amd 1999 No. 38 s 84 ; 2022 No. 23 s 105\n(sec.206-ssec.1) A licence operator, in carrying on the operator’s operations, may accept wagers by phone or another form of communication.\n(sec.206-ssec.2) However, subsection (1) does not apply to wagers relating to a simulated event or simulated contingency.\n(sec.206-ssec.3) A licence operator must not accept wagers, relating to a simulated event or simulated contingency, made by phone or another form of communication. Maximum penalty—200 penalty units.\n(sec.206-ssec.4) A wagering agent must not accept wagers, relating to a simulated event or simulated contingency, made by phone or another form of communication. Maximum penalty—200 penalty units.","sortOrder":258},{"sectionNumber":"sec.207","sectionType":"section","heading":"Use of regulated wagering equipment","content":"### sec.207 Use of regulated wagering equipment\n\nA general operator must not use regulated wagering equipment for the conduct of approved wagering unless the equipment is approved wagering equipment.\nMaximum penalty—200 penalty units.\nA general operator must not modify approved wagering equipment unless the modification is approved by the chief executive in writing.\nMaximum penalty—200 penalty units.\nA totalisator supplier must not, under a totalisator supply agreement, install, supply or operate regulated wagering equipment for or to a designated operator unless the equipment is approved wagering equipment.\nMaximum penalty—200 penalty units.\nA designated operator may use approved wagering equipment installed, supplied or operated for or to the operator by a person who is not a licence operator.\nA general operator, totalisator supplier or designated operator must not use approved wagering equipment for the conduct of approved wagering unless the use is consistent with an approval of the equipment or a modification of the equipment under section 208 , including any conditions of the approval.\nMaximum penalty—200 penalty units.\ns 207 amd 2004 No. 21 s 113 ; 2022 No. 23 s 106\n(sec.207-ssec.1) A general operator must not use regulated wagering equipment for the conduct of approved wagering unless the equipment is approved wagering equipment. Maximum penalty—200 penalty units.\n(sec.207-ssec.2) A general operator must not modify approved wagering equipment unless the modification is approved by the chief executive in writing. Maximum penalty—200 penalty units.\n(sec.207-ssec.3) A totalisator supplier must not, under a totalisator supply agreement, install, supply or operate regulated wagering equipment for or to a designated operator unless the equipment is approved wagering equipment. Maximum penalty—200 penalty units.\n(sec.207-ssec.4) A designated operator may use approved wagering equipment installed, supplied or operated for or to the operator by a person who is not a licence operator.\n(sec.207-ssec.5) A general operator, totalisator supplier or designated operator must not use approved wagering equipment for the conduct of approved wagering unless the use is consistent with an approval of the equipment or a modification of the equipment under section 208 , including any conditions of the approval. Maximum penalty—200 penalty units.","sortOrder":259},{"sectionNumber":"sec.208","sectionType":"section","heading":"Approval of regulated wagering equipment","content":"### sec.208 Approval of regulated wagering equipment\n\nAn authority operator may apply to the chief executive—\nfor an approval for regulated wagering equipment proposed to be used in the conduct of approved wagering; or\nfor approval to modify approved wagering equipment used in the conduct of approved wagering.\nAn application must—\nbe in the approved form; and\nbe accompanied by the application fee prescribed under a regulation.\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 authority operator—\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 authority operator 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 authority operator, the State may recover the amount from the authority operator as a debt.\nAfter considering the application and any evaluation of equipment, the chief executive must—\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 authority operator fails to comply with a direction of the chief executive under subsection (3) (b) .\nWhen the chief executive makes a decision under subsection (5) , the chief executive must—\nfor a decision to grant an approval—immediately give the authority operator written notice of the decision; or\nfor a decision to grant an approval with conditions—immediately give the authority operator an information notice for the decision; or\nfor a decision to refuse to grant an approval—immediately give the authority operator an information notice for the decision.\nThe chief executive may act under subsection (9) 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 wagering; 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 (9) , the chief executive must—\nfor a decision to impose a condition on an approval—give the authority operator for the approval an information notice for the decision; or\nfor a decision to vary a condition of an approval—give the authority operator for the approval an information notice for the decision; or\nfor a decision to remove a condition of an approval—give the authority operator for the approval written notice of the decision.\ns 208 amd 1999 No. 77 s 205 ; 2022 No. 23 s 107\n(sec.208-ssec.1) An authority operator may apply to the chief executive— for an approval for regulated wagering equipment proposed to be used in the conduct of approved wagering; or for approval to modify approved wagering equipment used in the conduct of approved wagering.\n(sec.208-ssec.2) An application must— be in the approved form; and be accompanied by the application fee prescribed under a regulation.\n(sec.208-ssec.3) 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 authority operator— 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.208-ssec.4) If the chief executive carries out an evaluation of the equipment— the authority operator 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 authority operator, the State may recover the amount from the authority operator as a debt.\n(sec.208-ssec.5) After considering the application and any evaluation of equipment, the chief executive must— grant the approval; or grant the approval with conditions; or refuse to grant the approval.\n(sec.208-ssec.6) 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 authority operator fails to comply with a direction of the chief executive under subsection (3) (b) .\n(sec.208-ssec.7) When the chief executive makes a decision under subsection (5) , the chief executive must— for a decision to grant an approval—immediately give the authority operator written notice of the decision; or for a decision to grant an approval with conditions—immediately give the authority operator an information notice for the decision; or for a decision to refuse to grant an approval—immediately give the authority operator an information notice for the decision.\n(sec.208-ssec.8) The chief executive may act under subsection (9) 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 wagering; or otherwise in the public interest.\n(sec.208-ssec.9) 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.208-ssec.10) When the chief executive makes a decision under subsection (9) , the chief executive must— for a decision to impose a condition on an approval—give the authority operator for the approval an information notice for the decision; or for a decision to vary a condition of an approval—give the authority operator for the approval an information notice for the decision; or for a decision to remove a condition of an approval—give the authority operator for the approval written notice of the decision.\n- (a) for an approval for regulated wagering equipment proposed to be used in the conduct of approved wagering; or\n- (b) for approval to modify approved wagering equipment used in the conduct of approved wagering.\n- (a) be in the approved form; and\n- (b) be accompanied by the application fee prescribed under a regulation.\n- (a) carry out the evaluation; or\n- (b) direct the authority operator— (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 authority operator 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 authority operator, the State may recover the amount from the authority operator 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 authority operator fails to comply with a direction of the chief executive under subsection (3) (b) .\n- (a) for a decision to grant an approval—immediately give the authority operator written notice of the decision; or\n- (b) for a decision to grant an approval with conditions—immediately give the authority operator an information notice for the decision; or\n- (c) for a decision to refuse to grant an approval—immediately give the authority operator an information notice for the decision.\n- (a) necessary or appropriate for the proper conduct of wagering; 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 authority operator for the approval an information notice for the decision; or\n- (b) for a decision to vary a condition of an approval—give the authority operator for the approval an information notice for the decision; or\n- (c) for a decision to remove a condition of an approval—give the authority operator for the approval written notice of the decision.","sortOrder":260},{"sectionNumber":"sec.208A","sectionType":"section","heading":"Approved evaluators","content":"### sec.208A Approved evaluators\n\nThe Governor in Council may, under a regulation, declare an entity to be an approved entity for evaluating regulated wagering equipment.\ns 208A ins 1999 No. 77 s 206","sortOrder":261},{"sectionNumber":"sec.209","sectionType":"section","heading":"Extending credit","content":"### sec.209 Extending credit\n\nA general operator, or an employee of a general operator, must not make a loan or extend credit in any form to a person to enable the person or another person to take part in approved wagering.\nMaximum penalty—200 penalty units.\nIf a cash advance is made to a person in circumstances where a general operator or an employee of a general 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 approved wagering, the operator or employee must not represent that the cash advance was made for some other purpose.\nMaximum penalty for subsection (2) —200 penalty units.\ns 209 sub 2000 No. 51 s 101\n(sec.209-ssec.1) A general operator, or an employee of a general operator, must not make a loan or extend credit in any form to a person to enable the person or another person to take part in approved wagering. Maximum penalty—200 penalty units.\n(sec.209-ssec.2) If a cash advance is made to a person in circumstances where a general operator or an employee of a general 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 approved wagering, the operator or employee must not represent that the cash advance was made for some other purpose. Maximum penalty for subsection (2) —200 penalty units.","sortOrder":262},{"sectionNumber":"sec.210","sectionType":"section","heading":"Advertising wagering","content":"### sec.210 Advertising wagering\n\nA person who advertises approved wagering 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":263},{"sectionNumber":"sec.211","sectionType":"section","heading":"Directions about advertising","content":"### sec.211 Directions about advertising\n\nIf the chief executive reasonably believes an advertisement about approved wagering does not comply with section 210 , 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\nfor a direction to change the advertisement—state how the advertisement is to be changed.\nA person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.211-ssec.1) If the chief executive reasonably believes an advertisement about approved wagering does not comply with section 210 , 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.211-ssec.2) The direction must— be in writing; and state the grounds for the direction; and for a direction to change the advertisement—state how the advertisement is to be changed.\n(sec.211-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) for a direction to change the advertisement—state how the advertisement is to be changed.","sortOrder":264},{"sectionNumber":"sec.212","sectionType":"section","heading":"Inquiries about complaints","content":"### sec.212 Inquiries about complaints\n\nSubsection (2) applies if a complaint is made to the chief executive by a person about the conduct of approved wagering (including the conduct of a wagering agent’s operations).\nThe chief executive must promptly—\nif the chief executive believes the complaint has not previously been referred to the relevant authority operator and that it is appropriate for the complaint to be referred to the operator—refer the complaint to the authority operator; or\nif paragraph (a) does not apply—inquire into the complaint.\nThe chief executive must promptly advise the complainant of—\nif the chief executive acts under subsection (2) (a) —the decision to refer the complaint to the authority operator; or\nif the chief executive acts under subsection (2) (b) —the result of the inquiry.\nSubsection (5) applies if—\na complaint is made to an authority operator by a person about—\nthe conduct of authorised wagering by the authority operator under the wagering authority; or\nthe operations of a wagering agent of the authority operator; or\na complaint is referred to an authority operator under subsection (2) .\nThe authority operator must, within 21 days after the complaint is received by, or referred to, the operator—\ninquire into the complaint; and\ngive written notice of the result of the inquiry—\nto the complainant; and\nif the complaint was referred to the operator by the chief executive—to the chief executive.\nA complaint must—\nbe in writing; and\nstate the complainant’s name and address; and\ngive appropriate details of the complaint.\n(sec.212-ssec.1) Subsection (2) applies if a complaint is made to the chief executive by a person about the conduct of approved wagering (including the conduct of a wagering agent’s operations).\n(sec.212-ssec.2) The chief executive must promptly— if the chief executive believes the complaint has not previously been referred to the relevant authority operator and that it is appropriate for the complaint to be referred to the operator—refer the complaint to the authority operator; or if paragraph (a) does not apply—inquire into the complaint.\n(sec.212-ssec.3) The chief executive must promptly advise the complainant of— if the chief executive acts under subsection (2) (a) —the decision to refer the complaint to the authority operator; or if the chief executive acts under subsection (2) (b) —the result of the inquiry.\n(sec.212-ssec.4) Subsection (5) applies if— a complaint is made to an authority operator by a person about— the conduct of authorised wagering by the authority operator under the wagering authority; or the operations of a wagering agent of the authority operator; or a complaint is referred to an authority operator under subsection (2) .\n(sec.212-ssec.5) The authority operator must, within 21 days after the complaint is received by, or referred to, the operator— inquire into the complaint; and give written notice of the result of the inquiry— to the complainant; and if the complaint was referred to the operator by the chief executive—to the chief executive.\n(sec.212-ssec.6) A complaint must— be in writing; and state the complainant’s name and address; and give appropriate details of the complaint.\n- (a) if the chief executive believes the complaint has not previously been referred to the relevant authority operator and that it is appropriate for the complaint to be referred to the operator—refer the complaint to the authority operator; or\n- (b) if paragraph (a) does not apply—inquire into the complaint.\n- (a) if the chief executive acts under subsection (2) (a) —the decision to refer the complaint to the authority operator; or\n- (b) if the chief executive acts under subsection (2) (b) —the result of the inquiry.\n- (a) a complaint is made to an authority operator by a person about— (i) the conduct of authorised wagering by the authority operator under the wagering authority; or (ii) the operations of a wagering agent of the authority operator; or\n- (i) the conduct of authorised wagering by the authority operator under the wagering authority; or\n- (ii) the operations of a wagering agent of the authority operator; or\n- (b) a complaint is referred to an authority operator under subsection (2) .\n- (i) the conduct of authorised wagering by the authority operator under the wagering authority; or\n- (ii) the operations of a wagering agent of the authority operator; or\n- (a) inquire into the complaint; and\n- (b) give written notice of the result of the inquiry— (i) to the complainant; and (ii) if the complaint was referred to the operator by the chief executive—to the chief executive.\n- (i) to the complainant; and\n- (ii) if the complaint was referred to the operator by the chief executive—to the chief executive.\n- (i) to the complainant; and\n- (ii) if the complaint was referred to the operator by the chief executive—to the chief executive.\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":265},{"sectionNumber":"sec.213","sectionType":"section","heading":"Claims for payment of winning bets","content":"### sec.213 Claims for payment of winning bets\n\nA claim for payment of a winning bet made in relation to approved wagering—\nmust be made within 1 year after the holding of the event or the happening of the contingency to which the bet relates; and\nmust be accompanied by the ticket for the winning bet, unless the claim is made within the period allowed under the rules for making claims without production of a ticket.\nAn amount for a winning bet not claimed within the period of 1 year mentioned in subsection (1) may be retained by the authority operator who conducted the wagering.\nThis section has effect despite the Public Trustee Act 1978 , part 8 .\ns 213 amd 1999 No. 8 s 136 ; 1999 No. 38 s 85\n(sec.213-ssec.1) A claim for payment of a winning bet made in relation to approved wagering— must be made within 1 year after the holding of the event or the happening of the contingency to which the bet relates; and must be accompanied by the ticket for the winning bet, unless the claim is made within the period allowed under the rules for making claims without production of a ticket.\n(sec.213-ssec.2) An amount for a winning bet not claimed within the period of 1 year mentioned in subsection (1) may be retained by the authority operator who conducted the wagering.\n(sec.213-ssec.3) This section has effect despite the Public Trustee Act 1978 , part 8 .\n- (a) must be made within 1 year after the holding of the event or the happening of the contingency to which the bet relates; and\n- (b) must be accompanied by the ticket for the winning bet, unless the claim is made within the period allowed under the rules for making claims without production of a ticket.","sortOrder":266},{"sectionNumber":"sec.214","sectionType":"section","heading":"Claims for payment","content":"### sec.214 Claims for payment\n\nIf a claim for payment of a winning bet is made to a general operator, the operator must—\npay the relevant winnings to the claimant; or\nif the operator disputes the claim—immediately try to resolve the claim.\nIf a wagering agent, for a claim for payment made to the agent, disputes the claim and is not able to resolve the claim, the agent must refer the claim to the licence operator.\nIf an authority operator, for a claim for payment made or referred to the operator, disputes the claim and is not able to resolve the claim, the operator must, by written notice (a claim result notice ) given to the claimant, promptly inform the claimant—\nof the operator’s decision on the claim; and\nthat the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\nIf the claim is not resolved, the claimant may ask the chief executive—\nif the claimant received a claim result notice—to review the authority operator’s decision; or\nif the claimant did not receive a claim result notice—to resolve the claim.\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.\nIf a request is made to the chief executive, the chief executive must deal with the request in the way prescribed under a regulation.\n(sec.214-ssec.1) If a claim for payment of a winning bet is made to a general operator, the operator must— pay the relevant winnings to the claimant; or if the operator disputes the claim—immediately try to resolve the claim.\n(sec.214-ssec.2) If a wagering agent, for a claim for payment made to the agent, disputes the claim and is not able to resolve the claim, the agent must refer the claim to the licence operator.\n(sec.214-ssec.3) If an authority operator, for a claim for payment made or referred to the operator, disputes the claim and is not able to resolve the claim, the operator must, by written notice (a claim result notice ) given to the claimant, promptly inform the claimant— of the operator’s decision on the claim; and that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\n(sec.214-ssec.4) If the claim is not resolved, the claimant may ask the chief executive— if the claimant received a claim result notice—to review the authority operator’s decision; or if the claimant did not receive a claim result notice—to resolve the claim.\n(sec.214-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.214-ssec.6) If a request is made to the chief executive, the chief executive must deal with the request in the way prescribed under a regulation.\n- (a) pay the relevant winnings to the claimant; or\n- (b) if the operator disputes the claim—immediately try to resolve the claim.\n- (a) of the operator’s decision on the claim; and\n- (b) that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\n- (a) if the claimant received a claim result notice—to review the authority operator’s decision; or\n- (b) if the claimant did not receive a claim result notice—to resolve the claim.\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":267},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 om 2004 No. 21 s 114","sortOrder":268},{"sectionNumber":"sec.216","sectionType":"section","heading":"Reporting improper behaviour","content":"### sec.216 Reporting improper behaviour\n\nThis section applies if a general operator 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 approved wagering involving the operator; or\nthere has been a contravention of this Act, in relation to approved wagering involving the operator, by a wagering agent, an employee of a wagering agent or another person.\nWithin 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the general operator must give the chief executive a written notice advising the chief executive of all facts known to the operator 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.216-ssec.1) This section applies if a general operator 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 approved wagering involving the operator; or there has been a contravention of this Act, in relation to approved wagering involving the operator, by a wagering agent, an employee of a wagering agent or another person.\n(sec.216-ssec.2) Within 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the general operator must give the chief executive a written notice advising the chief executive of all facts known to the operator about the matter. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.216-ssec.3) 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.216-ssec.4) 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 approved wagering involving the operator; or\n- (b) there has been a contravention of this Act, in relation to approved wagering involving the operator, by a wagering agent, an employee of a wagering agent or another person.\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":269},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Excluding persons from approved places of operation or taking part in approved wagering","content":"## Excluding persons from approved places of operation or taking part in approved wagering","sortOrder":270},{"sectionNumber":"sec.216AA","sectionType":"section","heading":"Definition for div 3","content":"### sec.216AA Definition for div 3\n\nIn this division—\ngeneral operator does not include a permit holder.\ns 216AA ins 2004 No. 21 s 115 (amd 2005 No. 12 s 31 (1) )","sortOrder":271},{"sectionNumber":"sec.216A","sectionType":"section","heading":"Self-exclusion notice","content":"### sec.216A Self-exclusion notice\n\nA person may give to a general operator a notice in the approved form (a self-exclusion notice ) asking the general operator to prohibit the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.\nThe person must, if asked by the general operator, give the operator a recent photo of the person together with the notice.\nIf a general operator 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 operator.\ns 216A ins 2004 No. 21 s 115\n(sec.216A-ssec.1) A person may give to a general operator a notice in the approved form (a self-exclusion notice ) asking the general operator to prohibit the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.\n(sec.216A-ssec.2) The person must, if asked by the general operator, give the operator a recent photo of the person together with the notice.\n(sec.216A-ssec.3) If a general operator 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 operator.","sortOrder":272},{"sectionNumber":"sec.216B","sectionType":"section","heading":"Self-exclusion order","content":"### sec.216B Self-exclusion order\n\nIf a person gives a general operator a self-exclusion notice under section 216A , the general operator must as soon as practicable give to the person—\na notice in the approved form (a self-exclusion order ) prohibiting the person from entering or remaining in, or taking part in approved wagering at, the operator’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 216C (3) ;\nthe day that is 5 years after the day the order is given to the person.\ns 216B ins 2004 No. 21 s 115 (amd 2005 No. 12 s 31 (2) )\namd 2024 No. 10 s 118\n(sec.216B-ssec.1) If a person gives a general operator a self-exclusion notice under section 216A , the general operator must as soon as practicable give to the person— a notice in the approved form (a self-exclusion order ) prohibiting the person from entering or remaining in, or taking part in approved wagering at, the operator’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.216B-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 216C (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 entering or remaining in, or taking part in approved wagering at, the operator’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 216C (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 216C (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 216C (3) ;\n- (ii) the day that is 5 years after the day the order is given to the person.","sortOrder":273},{"sectionNumber":"sec.216C","sectionType":"section","heading":"Revoking self-exclusion order","content":"### sec.216C 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 general operator for the approved place of operation to which the order relates, 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 general operator under subsection (2) (a) —when it is given to the operator; or\notherwise—28 days after the day it is given to the operator.\ns 216C ins 2004 No. 21 s 115 (amd 2005 No. 12 s 31 (2) )\n(sec.216C-ssec.1) A person who is given a self-exclusion order may, by notice in the approved form (a revocation notice ) given to the general operator for the approved place of operation to which the order relates, revoke the order.\n(sec.216C-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.216C-ssec.3) A revocation notice takes effect— if the notice is given to the general operator under subsection (2) (a) —when it is given to the operator; or otherwise—28 days after the day it is given to the operator.\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 general operator under subsection (2) (a) —when it is given to the operator; or\n- (b) otherwise—28 days after the day it is given to the operator.","sortOrder":274},{"sectionNumber":"sec.216D","sectionType":"section","heading":"Exclusion direction","content":"### sec.216D Exclusion direction\n\nA general operator may give a person a notice in the approved form (an exclusion direction ) prohibiting the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation if the operator believes on reasonable grounds the person is experiencing, or at risk of experiencing, harm from gambling.\nSee section 216GA .\nIf a general operator 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 operator.\nIf a general operator decides to give a person an exclusion direction, the direction must be accompanied by an information notice for the decision.\ns 216D ins 2004 No. 21 s 115 (amd 2005 No. 12 s 31 (3) )\namd 2024 No. 10 s 119\n(sec.216D-ssec.1) A general operator may give a person a notice in the approved form (an exclusion direction ) prohibiting the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation if the operator believes on reasonable grounds the person is experiencing, or at risk of experiencing, harm from gambling. See section 216GA .\n(sec.216D-ssec.2) If a general operator 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 operator.\n(sec.216D-ssec.3) If a general operator decides to give a person an exclusion direction, the direction must be accompanied by an information notice for the decision.","sortOrder":275},{"sectionNumber":"sec.216E","sectionType":"section","heading":"Duration of exclusion direction","content":"### sec.216E 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 216G (6) —when the notice takes effect;\nif a decision, under section 216G , 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 216E ins 2004 No. 21 s 115\namd 2009 No. 24 s 856\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 216G (6) —when the notice takes effect; (iii) if a decision, under section 216G , 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 216G (6) —when the notice takes effect;\n- (iii) if a decision, under section 216G , 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 216G (6) —when the notice takes effect;\n- (iii) if a decision, under section 216G , 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":276},{"sectionNumber":"sec.216F","sectionType":"section","heading":"Application to revoke exclusion direction","content":"### sec.216F Application to revoke exclusion direction\n\nThis section applies if a person is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator’s approved place of operation under an exclusion direction.\nThe person may apply to the general operator 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 general operator 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 216F ins 2004 No. 21 s 115\n(sec.216F-ssec.1) This section applies if a person is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator’s approved place of operation under an exclusion direction.\n(sec.216F-ssec.2) The person may apply to the general operator for the approved place of operation to which the direction relates for revocation of the direction.\n(sec.216F-ssec.3) The application may only be made at least 1 year after the day the person is given the direction.\n(sec.216F-ssec.4) The application must be— in the approved form; and supported by enough information to enable the general operator to decide the application.\n(sec.216F-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 general operator to decide the application.","sortOrder":277},{"sectionNumber":"sec.216G","sectionType":"section","heading":"Deciding application to revoke exclusion direction","content":"### sec.216G Deciding application to revoke exclusion direction\n\nThis section applies to an application under section 216F for revocation of an exclusion direction.\nThe general operator must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.\nIf the general operator fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the operator to refuse to revoke the direction.\nIn considering the application, the general operator may have regard to the information supporting the application and any other information the operator considers relevant, including, for example, a report of a psychologist.\nIf the general operator decides to revoke the direction, the operator 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 general operator decides to refuse to revoke the direction, the operator must as soon as practicable give the applicant an information notice for the decision.\ns 216G ins 2004 No. 21 s 115 (amd 2005 No. 12 s 31 (4) )\n(sec.216G-ssec.1) This section applies to an application under section 216F for revocation of an exclusion direction.\n(sec.216G-ssec.2) The general operator must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.\n(sec.216G-ssec.3) If the general operator fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the operator to refuse to revoke the direction.\n(sec.216G-ssec.4) In considering the application, the general operator may have regard to the information supporting the application and any other information the operator considers relevant, including, for example, a report of a psychologist.\n(sec.216G-ssec.5) If the general operator decides to revoke the direction, the operator must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice ).\n(sec.216G-ssec.6) A revocation notice takes effect when it is given to the applicant.\n(sec.216G-ssec.7) If the general operator decides to refuse to revoke the direction, the operator must as soon as practicable give the applicant an information notice for the decision.","sortOrder":278},{"sectionNumber":"sec.216GA","sectionType":"section","heading":"Who is a person experiencing harm from gambling","content":"### sec.216GA 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 216GA ins 2024 No. 10 s 120\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":279},{"sectionNumber":"sec.216H","sectionType":"section","heading":"Particular persons not to take part in approved wagering etc.","content":"### sec.216H Particular persons not to take part in approved wagering etc.\n\nThis section applies to a person who is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator’s approved place of operation under a self-exclusion order or an exclusion direction.\nThe person must not take part in approved wagering at, or enter or remain in, the general operator’s approved place of operation.\nMaximum penalty—40 penalty units.\ns 216H ins 2004 No. 21 s 115\n(sec.216H-ssec.1) This section applies to a person who is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator’s approved place of operation under a self-exclusion order or an exclusion direction.\n(sec.216H-ssec.2) The person must not take part in approved wagering at, or enter or remain in, the general operator’s approved place of operation. Maximum penalty—40 penalty units.","sortOrder":280},{"sectionNumber":"sec.216I","sectionType":"section","heading":"Counselling","content":"### sec.216I 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 216H (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 216GA .\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 216GA .\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 216I ins 2004 No. 21 s 115\namd 2024 No. 10 s 121\n(sec.216I-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 216H (2) .\n(sec.216I-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 216GA .\n(sec.216I-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.216I-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 216GA .\n(sec.216I-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.216I-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":281},{"sectionNumber":"sec.216J","sectionType":"section","heading":"Obligation to prevent persons from taking part in approved wagering etc.","content":"### sec.216J Obligation to prevent persons from taking part in approved wagering etc.\n\nThis section applies to a general operator or an employee of the operator if the operator or employee knows that a person is prohibited from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction.\nThe general operator or employee must take reasonable steps to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.\nMaximum penalty—\nfor a general operator—250 penalty units; or\nfor another person—40 penalty units.\nIt is lawful for the general operator or employee to use necessary and reasonable force to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator’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 a general operator or an employee to use reasonable force to prevent a person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.\nIn this section—\nbodily harm means any bodily injury that interferes with health or comfort.\ns 216J ins 2004 No. 21 s 115\n(sec.216J-ssec.1) This section applies to a general operator or an employee of the operator if the operator or employee knows that a person is prohibited from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction.\n(sec.216J-ssec.2) The general operator or employee must take reasonable steps to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation. Maximum penalty— for a general operator—250 penalty units; or for another person—40 penalty units.\n(sec.216J-ssec.3) It is lawful for the general operator or employee to use necessary and reasonable force to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.\n(sec.216J-ssec.4) The force that may be used does not include force that is likely to cause bodily harm to the person.\n(sec.216J-ssec.5) Subsection (2) must not be construed as requiring a general operator or an employee to use reasonable force to prevent a person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation.\n(sec.216J-ssec.6) In this section— bodily harm means any bodily injury that interferes with health or comfort.\n- (a) for a general operator—250 penalty units; or\n- (b) for another person—40 penalty units.","sortOrder":282},{"sectionNumber":"sec.216K","sectionType":"section","heading":"Register","content":"### sec.216K Register\n\nA general operator must keep a register, in the approved form, of persons who are prohibited from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction.\nMaximum penalty—40 penalty units.\nThe general operator must keep the register available for inspection by an inspector.\ns 216K ins 2004 No. 21 s 115\n(sec.216K-ssec.1) A general operator must keep a register, in the approved form, of persons who are prohibited from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction. Maximum penalty—40 penalty units.\n(sec.216K-ssec.2) The general operator must keep the register available for inspection by an inspector.","sortOrder":283},{"sectionNumber":"sec.216L","sectionType":"section","heading":"Report about prohibition under order or direction","content":"### sec.216L Report about prohibition under order or direction\n\nA regulation may require a general operator to give the chief executive a report about the prohibition of persons from taking part in approved wagering at, or entering or remaining in, the operator’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 general operator must comply with the regulation.\nMaximum penalty—40 penalty units.\ns 216L ins 2004 No. 21 s 115 (amd 2005 No. 12 s 31 (5) )\n(sec.216L-ssec.1) A regulation may require a general operator to give the chief executive a report about the prohibition of persons from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation under a self-exclusion order or an exclusion direction.\n(sec.216L-ssec.2) The report must be in the approved form.\n(sec.216L-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.216L-ssec.4) The general operator must comply with the regulation. Maximum penalty—40 penalty units.","sortOrder":284},{"sectionNumber":"sec.216M","sectionType":"section","heading":"Distributing promotional or advertising material about approved place of operation","content":"### sec.216M Distributing promotional or advertising material about approved place of operation\n\nA general operator must not distribute promotional or advertising material about the operator’s approved place of operation to persons who the operator knows or ought reasonably to know are prohibited from taking part in approved wagering 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 216M ins 2009 No. 41 s 110","sortOrder":285},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Wagering offences","content":"## Wagering offences","sortOrder":286},{"sectionNumber":"sec.217","sectionType":"section","heading":"Cheating","content":"### sec.217 Cheating\n\nA person must not, in relation to approved wagering, dishonestly obtain a benefit by—\nan act, practice or scheme; or\nthe use of a thing.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nFor subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.\n(sec.217-ssec.1) A person must not, in relation to approved wagering, dishonestly obtain a benefit by— an act, practice or scheme; or the use of a thing. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.217-ssec.2) For subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.\n- (a) an act, practice or scheme; or\n- (b) the use of a thing.","sortOrder":287},{"sectionNumber":"sec.218","sectionType":"section","heading":"Forgery and deception","content":"### sec.218 Forgery and deception\n\nA person must not—\nforge an official wagering document; or\nknowingly utter a forged official wagering document.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not connive at the commission of an offence against subsection (1) .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person forges a document if the person makes a false document, knowing it to be false, with the intention that—\nit may be used or acted on to the prejudice or benefit of a person; or\na person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\nWithout limiting subsection (3) , a genuine document may become a false document because of—\nan alteration of the document in a material respect; or\nan addition to the body of the document in a material respect; or\nan addition of a false date, signature, attestation, seal or other material matter.\nA person utters a document if the person—\nuses or deals with the document; or\nattempts to use or deal with the document; or\ninduces a person to use, deal with or act on the document; or\nattempts to induce a person to use, deal with or act on the document.\n(sec.218-ssec.1) A person must not— forge an official wagering document; or knowingly utter a forged official wagering document. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.218-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.218-ssec.3) A person forges a document if the person makes a false document, knowing it to be false, with the intention that— it may be used or acted on to the prejudice or benefit of a person; or a person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\n(sec.218-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.218-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 wagering document; or\n- (b) knowingly utter a forged official wagering document.\n- (a) it may be used or acted on to the prejudice or benefit of a person; or\n- (b) a person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\n- (a) an alteration of the document in a material respect; or\n- (b) an addition to the body of the document in a material respect; or\n- (c) an addition of a false date, signature, attestation, seal or other material matter.\n- (a) uses or deals with the document; or\n- (b) attempts to use or deal with the document; or\n- (c) induces a person to use, deal with or act on the document; or\n- (d) attempts to induce a person to use, deal with or act on the document.","sortOrder":288},{"sectionNumber":"sec.219","sectionType":"section","heading":"Impersonating certain persons","content":"### sec.219 Impersonating certain persons\n\nA person must not pretend to be a wagering agent, key person licensee or wagering 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.219-ssec.1) A person must not pretend to be a wagering agent, key person licensee or wagering official. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.219-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":289},{"sectionNumber":"sec.220","sectionType":"section","heading":"Bribery","content":"### sec.220 Bribery\n\nA wagering 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 wagering official or another person for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA wagering 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.220-ssec.1) A wagering 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.220-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 wagering official or another person for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.220-ssec.3) A wagering 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":290},{"sectionNumber":"sec.221","sectionType":"section","heading":"Restricted officials and licensees","content":"### sec.221 Restricted officials and licensees\n\nThe chief executive may—\ndeclare a wagering official to be a restricted official; or\ndeclare a key person licensee to be a restricted licensee.\nHowever, a declaration may be made only if the chief executive considers it appropriate to make the declaration in the public interest.\nA declaration must be made by written notice given to the wagering official or key person licensee.\n(sec.221-ssec.1) The chief executive may— declare a wagering official to be a restricted official; or declare a key person licensee to be a restricted licensee.\n(sec.221-ssec.2) However, a declaration may be made only if the chief executive considers it appropriate to make the declaration in the public interest.\n(sec.221-ssec.3) A declaration must be made by written notice given to the wagering official or key person licensee.\n- (a) declare a wagering official to be a restricted official; or\n- (b) declare a key person licensee to be a restricted licensee.","sortOrder":291},{"sectionNumber":"sec.222","sectionType":"section","heading":"Directions to restricted officials and licensees","content":"### sec.222 Directions to restricted officials and licensees\n\nThe chief executive may direct a restricted official or licensee not to participate in—\napproved wagering; or\napproved wagering except in stated circumstances or for stated purposes.\nAlso, the chief executive may direct a restricted official not to have a financial relationship with a general operator.\nHowever, a direction may be given only if the chief executive considers it appropriate to give the direction in the public interest.\nA direction must be given by written notice given to the restricted official or licensee.\n(sec.222-ssec.1) The chief executive may direct a restricted official or licensee not to participate in— approved wagering; or approved wagering except in stated circumstances or for stated purposes.\n(sec.222-ssec.2) Also, the chief executive may direct a restricted official not to have a financial relationship with a general operator.\n(sec.222-ssec.3) However, a direction may be given only if the chief executive considers it appropriate to give the direction in the public interest.\n(sec.222-ssec.4) A direction must be given by written notice given to the restricted official or licensee.\n- (a) approved wagering; or\n- (b) approved wagering except in stated circumstances or for stated purposes.","sortOrder":292},{"sectionNumber":"sec.223","sectionType":"section","heading":"Requirement to comply with direction about wagering","content":"### sec.223 Requirement to comply with direction about wagering\n\nA restricted official or licensee must not participate in wagering in contravention of a direction given by the chief executive under section 222 .\nMaximum penalty—40 penalty units.","sortOrder":293},{"sectionNumber":"sec.224","sectionType":"section","heading":"Relationship of restricted officials with general operators","content":"### sec.224 Relationship of restricted officials with general operators\n\nThis section applies if a restricted official has been given a direction by the chief executive not to have a financial relationship with a general operator.\nThe restricted official must not—\naccept or solicit employment from a general operator; or\nbe an employee in any capacity of a general operator; or\nknowingly have, directly or indirectly—\na business or financial association with a general operator; or\na business or financial interest together with a general operator.\nMaximum penalty—40 penalty units.\nFor 1 year after ceasing to be a restricted official, the person must not, without the chief executive’s approval—\naccept or solicit employment from a general operator; or\nbe an employee in any capacity of a general operator; or\nknowingly have, directly or indirectly—\na business or financial association with a general operator; or\na business or financial interest together with a general operator.\nMaximum penalty for subsection (3) —40 penalty units.\n(sec.224-ssec.1) This section applies if a restricted official has been given a direction by the chief executive not to have a financial relationship with a general operator.\n(sec.224-ssec.2) The restricted official must not— accept or solicit employment from a general operator; or be an employee in any capacity of a general operator; or knowingly have, directly or indirectly— a business or financial association with a general operator; or a business or financial interest together with a general operator. Maximum penalty—40 penalty units.\n(sec.224-ssec.3) For 1 year after ceasing to be a restricted official, the person must not, without the chief executive’s approval— accept or solicit employment from a general operator; or be an employee in any capacity of a general operator; or knowingly have, directly or indirectly— a business or financial association with a general operator; or a business or financial interest together with a general operator. Maximum penalty for subsection (3) —40 penalty units.\n- (a) accept or solicit employment from a general operator; or\n- (b) be an employee in any capacity of a general operator; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with a general operator; or (ii) a business or financial interest together with a general operator.\n- (i) a business or financial association with a general operator; or\n- (ii) a business or financial interest together with a general operator.\n- (i) a business or financial association with a general operator; or\n- (ii) a business or financial interest together with a general operator.\n- (a) accept or solicit employment from a general operator; or\n- (b) be an employee in any capacity of a general operator; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with a general operator; or (ii) a business or financial interest together with a general operator.\n- (i) a business or financial association with a general operator; or\n- (ii) a business or financial interest together with a general operator.\n- (i) a business or financial association with a general operator; or\n- (ii) a business or financial interest together with a general operator.","sortOrder":294},{"sectionNumber":"sec.225","sectionType":"section","heading":"Relationship of restricted officials with prospective authority operators","content":"### sec.225 Relationship of restricted officials with prospective authority operators\n\nThis section applies if a restricted official knowingly has, directly or indirectly—\na business or financial association with another person who is a prospective authority operator; or\na business or financial interest together with another person who is a prospective authority operator.\nHowever, this section applies only if the restricted official has been given a direction by the chief executive not to have a financial relationship with a general operator.\nImmediately after the restricted official becomes aware that the other person is a prospective authority operator, 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 restricted official, direct the official to end the association, or give up the interest, within the time stated in the notice.\nHowever, the chief executive may give the direction only if the chief executive considers it appropriate to take the action in the public interest.\nA restricted 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 authority operator means—\na person who has applied for a wagering authority but whose application has not yet been decided; or\na proposed wagering manager.\n(sec.225-ssec.1) This section applies if a restricted official knowingly has, directly or indirectly— a business or financial association with another person who is a prospective authority operator; or a business or financial interest together with another person who is a prospective authority operator.\n(sec.225-ssec.2) However, this section applies only if the restricted official has been given a direction by the chief executive not to have a financial relationship with a general operator.\n(sec.225-ssec.3) Immediately after the restricted official becomes aware that the other person is a prospective authority operator, the official must give written notice of the official’s association or interest to the chief executive. Maximum penalty—40 penalty units.\n(sec.225-ssec.4) The chief executive may, by written notice given to the restricted official, direct the official to end the association, or give up the interest, within the time stated in the notice.\n(sec.225-ssec.5) However, the chief executive may give the direction only if the chief executive considers it appropriate to take the action in the public interest.\n(sec.225-ssec.6) A restricted 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.225-ssec.7) In this section— prospective authority operator means— a person who has applied for a wagering authority but whose application has not yet been decided; or a proposed wagering manager.\n- (a) a business or financial association with another person who is a prospective authority operator; or\n- (b) a business or financial interest together with another person who is a prospective authority operator.\n- (a) a person who has applied for a wagering authority but whose application has not yet been decided; or\n- (b) a proposed wagering manager.","sortOrder":295},{"sectionNumber":"sec.226","sectionType":"section","heading":"Relationship of general operators with restricted officials","content":"### sec.226 Relationship of general operators with restricted officials\n\nThis section applies to a general operator if a restricted official has been given a direction by the chief executive not to have a financial relationship with a general operator.\nHowever, this section applies only if the general operator knows, or ought reasonably to know, that the restricted official has been given the direction.\nThe general operator must not—\nemploy the restricted official in any capacity; or\nknowingly have, directly or indirectly—\na business or financial association with the restricted official; or\na business or financial interest together with the restricted official.\nMaximum penalty—40 penalty units.\nFor 1 year after the person ceases to be a restricted official, the general operator must not, without the chief executive’s approval—\nemploy the person in any capacity; or\nknowingly have, directly or indirectly—\na business or financial association with the person; or\na business or financial interest together with the person.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.226-ssec.1) This section applies to a general operator if a restricted official has been given a direction by the chief executive not to have a financial relationship with a general operator.\n(sec.226-ssec.2) However, this section applies only if the general operator knows, or ought reasonably to know, that the restricted official has been given the direction.\n(sec.226-ssec.3) The general operator must not— employ the restricted official in any capacity; or knowingly have, directly or indirectly— a business or financial association with the restricted official; or a business or financial interest together with the restricted official. Maximum penalty—40 penalty units.\n(sec.226-ssec.4) For 1 year after the person ceases to be a restricted official, the general operator must not, without the chief executive’s approval— employ the person in any capacity; or knowingly have, directly or indirectly— a business or financial association with the person; or a business or financial interest together with the person. Maximum penalty for subsection (4) —40 penalty units.\n- (a) employ the restricted official in any capacity; or\n- (b) knowingly have, directly or indirectly— (i) a business or financial association with the restricted official; or (ii) a business or financial interest together with the restricted official.\n- (i) a business or financial association with the restricted official; or\n- (ii) a business or financial interest together with the restricted official.\n- (i) a business or financial association with the restricted official; or\n- (ii) a business or financial interest together with the restricted official.\n- (a) employ the person in any capacity; or\n- (b) knowingly have, directly or indirectly— (i) a business or financial association with the person; or (ii) a business or financial interest together with the person.\n- (i) a business or financial association with the person; or\n- (ii) a business or financial interest together with the person.\n- (i) a business or financial association with the person; or\n- (ii) a business or financial interest together with the person.","sortOrder":296},{"sectionNumber":"sec.227","sectionType":"section","heading":"Participation by minors prohibited","content":"### sec.227 Participation by minors prohibited\n\nA person involved in the conduct of approved wagering must not, in relation to the conduct of the wagering—\naccept a bet from, or give a ticket or other acknowledgement for a bet to, a minor; or\nallow a minor to establish an account for conducting betting by telephone; or\notherwise allow a minor to take part in wagering.\nMaximum penalty—40 penalty units.\nIt is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person whose age is material to the offence was a minor.\nA minor must not take part in approved wagering.\nMaximum penalty—25 penalty units.\ns 227 amd 2009 No. 41 s 111\n(sec.227-ssec.1) A person involved in the conduct of approved wagering must not, in relation to the conduct of the wagering— accept a bet from, or give a ticket or other acknowledgement for a bet to, a minor; or allow a minor to establish an account for conducting betting by telephone; or otherwise allow a minor to take part in wagering. Maximum penalty—40 penalty units.\n(sec.227-ssec.2) It is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person whose age is material to the offence was a minor.\n(sec.227-ssec.3) A minor must not take part in approved wagering. Maximum penalty—25 penalty units.\n- (a) accept a bet from, or give a ticket or other acknowledgement for a bet to, a minor; or\n- (b) allow a minor to establish an account for conducting betting by telephone; or\n- (c) otherwise allow a minor to take part in wagering.","sortOrder":297},{"sectionNumber":"sec.228","sectionType":"section","heading":"Employment of minors prohibited","content":"### sec.228 Employment of minors prohibited\n\nA general operator must not, in relation to the conduct of approved wagering—\nemploy a minor to sell or give a ticket or other acknowledgement for a bet to a person; or\nemploy a minor in any other capacity.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a general operator, in relation to the employment of a minor, if—\nthe general operator is—\na designated wagering manager; or\na wagering agent of a designated wagering manager; and\nthe general operator employs the minor for a purpose relating to the conduct of the game the operations for which the designated wagering manager is appointed as wagering manager.\nIn this section—\ndesignated wagering manager means a wagering manager appointed by a wagering licensee to manage the operations relating to the game ‘Sports Tipping’ conducted under the licensee’s wagering licence.\ns 228 amd 1999 No. 77 s 207\n(sec.228-ssec.1) A general operator must not, in relation to the conduct of approved wagering— employ a minor to sell or give a ticket or other acknowledgement for a bet to a person; or employ a minor in any other capacity. Maximum penalty—40 penalty units.\n(sec.228-ssec.2) Subsection (1) does not apply to a general operator, in relation to the employment of a minor, if— the general operator is— a designated wagering manager; or a wagering agent of a designated wagering manager; and the general operator employs the minor for a purpose relating to the conduct of the game the operations for which the designated wagering manager is appointed as wagering manager.\n(sec.228-ssec.3) In this section— designated wagering manager means a wagering manager appointed by a wagering licensee to manage the operations relating to the game ‘Sports Tipping’ conducted under the licensee’s wagering licence.\n- (a) employ a minor to sell or give a ticket or other acknowledgement for a bet to a person; or\n- (b) employ a minor in any other capacity.\n- (a) the general operator is— (i) a designated wagering manager; or (ii) a wagering agent of a designated wagering manager; and\n- (i) a designated wagering manager; or\n- (ii) a wagering agent of a designated wagering manager; and\n- (b) the general operator employs the minor for a purpose relating to the conduct of the game the operations for which the designated wagering manager is appointed as wagering manager.\n- (i) a designated wagering manager; or\n- (ii) a wagering agent of a designated wagering manager; and","sortOrder":298},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Wagering inducements and direct marketing","content":"## Wagering inducements and direct marketing","sortOrder":299},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Definitions for division","content":"### sec.228A Definitions for division\n\nIn this division—\ninteractive wagering account , of a person, means an account—\nin the name of the person with a licence operator; and\nthat is accessible by means of a telecommunication device under the Interactive Gambling (Player Protection) Act 1998 , schedule 3 ; and\nagainst which the licence operator has a right to debit the amount of a bet made by the person.\ninteractive wagering customer means a person who has an interactive wagering account.\ns 228A ins 2021 No. 7 s 68\n- (a) in the name of the person with a licence operator; and\n- (b) that is accessible by means of a telecommunication device under the Interactive Gambling (Player Protection) Act 1998 , schedule 3 ; and\n- (c) against which the licence operator has a right to debit the amount of a bet made by the person.","sortOrder":300},{"sectionNumber":"sec.228B","sectionType":"section","heading":"Prohibited inducements","content":"### sec.228B Prohibited inducements\n\nA licence operator or a person acting for a licence operator must not offer, or cause to be offered, to a person who is in Queensland (a relevant person ) any credit, voucher, reward or other benefit as an incentive for the relevant person—\nto open an interactive wagering account with the licence operator; or\nto refer another person to the licence operator for the purpose of that person opening an interactive wagering account with the licence operator; or\nnot to close an interactive wagering account with the licence operator after the relevant person asks the licence operator to close the account.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\ns 228B ins 2021 No. 7 s 68\n(sec.228B-ssec) A licence operator or a person acting for a licence operator must not offer, or cause to be offered, to a person who is in Queensland (a relevant person ) any credit, voucher, reward or other benefit as an incentive for the relevant person— to open an interactive wagering account with the licence operator; or to refer another person to the licence operator for the purpose of that person opening an interactive wagering account with the licence operator; or not to close an interactive wagering account with the licence operator after the relevant person asks the licence operator to close the account. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n- (a) to open an interactive wagering account with the licence operator; or\n- (b) to refer another person to the licence operator for the purpose of that person opening an interactive wagering account with the licence operator; or\n- (c) not to close an interactive wagering account with the licence operator after the relevant person asks the licence operator to close the account.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":301},{"sectionNumber":"sec.228C","sectionType":"section","heading":"Wagering using free bets","content":"### sec.228C Wagering using free bets\n\nA licence operator or a person acting for a licence operator must not offer, or cause to be offered, a free bet to an interactive wagering customer who is in Queensland and has an interactive wagering account with the licence operator unless the customer can withdraw payouts arising from the free bet at any time.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIn this section—\nfree bet see the Betting Tax Act 2018 , section 7 .\ns 228C ins 2021 No. 7 s 68\n(sec.228C-ssec.1) A licence operator or a person acting for a licence operator must not offer, or cause to be offered, a free bet to an interactive wagering customer who is in Queensland and has an interactive wagering account with the licence operator unless the customer can withdraw payouts arising from the free bet at any time. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.228C-ssec.2) In this section— free bet see the Betting Tax Act 2018 , section 7 .\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":302},{"sectionNumber":"sec.228D","sectionType":"section","heading":"Restrictions on direct marketing","content":"### sec.228D Restrictions on direct marketing\n\nA licence operator or a person acting for a licence operator must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless—\nthe relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and\neither—\nthe relevant person has not withdrawn the consent; or\nthe relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIf the relevant person has given consent to receiving promotional or advertising material, the licence operator or a person acting for the licence operator—\nmust provide the relevant person with a means to easily withdraw the consent at any time; and\nif the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIf the licence operator or a person acting for the licence operator sends promotional or advertising material to the relevant person electronically, the licence operator or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nFor this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.\ns 228D ins 2021 No. 7 s 68\n(sec.228D-ssec.1) A licence operator or a person acting for a licence operator must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless— the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and either— the relevant person has not withdrawn the consent; or the relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.228D-ssec.2) If the relevant person has given consent to receiving promotional or advertising material, the licence operator or a person acting for the licence operator— must provide the relevant person with a means to easily withdraw the consent at any time; and if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.228D-ssec.3) If the licence operator or a person acting for the licence operator sends promotional or advertising material to the relevant person electronically, the licence operator or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.228D-ssec.4) For this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.\n- (a) the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and\n- (b) either— (i) the relevant person has not withdrawn the consent; or (ii) the relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal.\n- (i) the relevant person has not withdrawn the consent; or\n- (ii) the relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal.\n- (i) the relevant person has not withdrawn the consent; or\n- (ii) the relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.\n- (a) must provide the relevant person with a means to easily withdraw the consent at any time; and\n- (b) if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":303},{"sectionNumber":"sec.228E","sectionType":"section","heading":"Obligation of licence operator to identify person’s location","content":"### sec.228E Obligation of licence operator to identify person’s location\n\nA licence operator must, when receiving a bet made from an interactive wagering account, take reasonable steps to identify the location of the person making the bet.\nMaximum penalty—100 penalty units.\nFor complying with subsection (1) , the licence operator may rely on either of the following addresses as being the location of the person making the bet—\nfor an individual—an address given to the licence operator by the individual as the individual’s residential address;\nfor a company within the meaning of the Corporations Act —an address given to the licence operator by or for the company as the company’s principal place of business.\nHowever, subsection (2) does not apply if the licence operator knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2) (a) or (b) is not the location of the person when the bet is made.\ns 228E ins 2021 No. 7 s 68\n(sec.228E-ssec.1) A licence operator must, when receiving a bet made from an interactive wagering account, take reasonable steps to identify the location of the person making the bet. Maximum penalty—100 penalty units.\n(sec.228E-ssec.2) For complying with subsection (1) , the licence operator may rely on either of the following addresses as being the location of the person making the bet— for an individual—an address given to the licence operator by the individual as the individual’s residential address; for a company within the meaning of the Corporations Act —an address given to the licence operator by or for the company as the company’s principal place of business.\n(sec.228E-ssec.3) However, subsection (2) does not apply if the licence operator knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2) (a) or (b) is not the location of the person when the bet is made.\n- (a) for an individual—an address given to the licence operator by the individual as the individual’s residential address;\n- (b) for a company within the meaning of the Corporations Act —an address given to the licence operator by or for the company as the company’s principal place of business.","sortOrder":304},{"sectionNumber":"pt.11-div.6","sectionType":"division","heading":"Harm minimisation measures","content":"## Harm minimisation measures","sortOrder":305},{"sectionNumber":"sec.228F","sectionType":"section","heading":"Harm minimisation measures","content":"### sec.228F Harm minimisation measures\n\nA regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from wagering, 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 wagering;\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 wagering; 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 prescribe the wagering licensees and permit holders that must implement a harm minimisation measure.\nA wagering licensee or permit holder prescribed under subsection (3) must implement the harm minimisation measure as prescribed.\nMaximum penalty for subsection (4) —200 penalty units.\ns 228F ins 2022 No. 23 s 108\n(sec.228F-ssec.1) A regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from wagering, 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 wagering; enabling a person to access a service that provides help with gambling problems.\n(sec.228F-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 wagering; and is consistent with the objects of this Act; or it is in the public interest to prescribe the harm minimisation measure.\n(sec.228F-ssec.3) A regulation made under subsection (1) may prescribe the wagering licensees and permit holders that must implement a harm minimisation measure.\n(sec.228F-ssec.4) A wagering licensee or permit holder 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 wagering;\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 wagering; and (ii) is consistent with the objects of this Act; or\n- (i) is necessary and appropriate to minimise potential harm from wagering; 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 wagering; and\n- (ii) is consistent with the objects of this Act; or","sortOrder":306},{"sectionNumber":"pt.12","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":307},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":308},{"sectionNumber":"sec.229","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.229 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 229 sub 2005 No. 12 s 83\namd 2008 No. 2 s 78\n(sec.229-ssec.1) The chief executive may appoint a person as an inspector.\n(sec.229-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":309},{"sectionNumber":"sec.230","sectionType":"section","heading":"Conditions and limit on powers","content":"### sec.230 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 230 sub 2005 No. 12 s 83\n(sec.230-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.230-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.230-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":310},{"sectionNumber":"sec.231","sectionType":"section","heading":"Issue of identity card","content":"### sec.231 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 231 sub 2005 No. 12 s 83\n(sec.231-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.231-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.231-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":311},{"sectionNumber":"sec.232","sectionType":"section","heading":"Production or display of identity card","content":"### sec.232 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 238 (a) or (d) .\ns 232 sub 2005 No. 12 s 83\n(sec.232-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.232-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.232-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 238 (a) or (d) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":312},{"sectionNumber":"sec.233","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.233 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 234 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 233 sub 2005 No. 12 s 83\n(sec.233-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 234 takes effect.\n(sec.233-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.233-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 234 takes effect.","sortOrder":313},{"sectionNumber":"sec.234","sectionType":"section","heading":"Resignation","content":"### sec.234 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\ns 234 sub 2005 No. 12 s 83","sortOrder":314},{"sectionNumber":"sec.235","sectionType":"section","heading":"Return of identity card","content":"### sec.235 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 235 sub 2005 No. 12 s 83","sortOrder":315},{"sectionNumber":"sec.236","sectionType":"section","heading":"Audit program","content":"### sec.236 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 236 sub 2005 No. 12 s 83\n(sec.236-ssec.1) The Minister may approve an audit program for investigating inspectors.\n(sec.236-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.236-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.236-ssec.4) The chief executive must ensure the investigation is conducted under the approved audit program.\n(sec.236-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":316},{"sectionNumber":"sec.237","sectionType":"section","heading":"Report about criminal history","content":"### sec.237 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 237 sub 2005 No. 12 s 83\n(sec.237-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.237-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.237-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":317},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":318},{"sectionNumber":"sec.238","sectionType":"section","heading":"Entry without consent or warrant","content":"### sec.238 Entry without consent or warrant\n\nAn inspector may, without the occupier’s consent or a warrant, enter—\na public place; or\na place where approved wagering is being, or is about to be, conducted; or\na place where a general operator carries on business at any time when the place is open for carrying on business or otherwise open for entry; or\nthe land around premises to ask its occupier for consent to enter the premises.\n- (a) a public place; or\n- (b) a place where approved wagering is being, or is about to be, conducted; or\n- (c) a place where a general operator carries on business at any time when the place is open for carrying on business or otherwise open for entry; or\n- (d) the land around premises to ask its occupier for consent to enter the premises.","sortOrder":319},{"sectionNumber":"sec.239","sectionType":"section","heading":"Entry with consent or warrant","content":"### sec.239 Entry with consent or warrant\n\nUnless an inspector is authorised to enter a place under section 238 , 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":320},{"sectionNumber":"sec.240","sectionType":"section","heading":"Consent to entry","content":"### sec.240 Consent to entry\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent (a consent acknowledgement ).\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.\n(sec.240-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\n(sec.240-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.240-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.240-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.240-ssec.5) If the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and","sortOrder":321},{"sectionNumber":"sec.241","sectionType":"section","heading":"Evidence of consent","content":"### sec.241 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.241-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.241-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":322},{"sectionNumber":"sec.242","sectionType":"section","heading":"Application for warrant","content":"### sec.242 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.242-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.242-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.242-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":323},{"sectionNumber":"sec.243","sectionType":"section","heading":"Issue of warrant","content":"### sec.243 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.243-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.243-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":324},{"sectionNumber":"sec.244","sectionType":"section","heading":"Special warrants","content":"### sec.244 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.244-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.244-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.244-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.244-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.244-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.244-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.244-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.244-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":325},{"sectionNumber":"sec.245","sectionType":"section","heading":"Evidence about special warrants","content":"### sec.245 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.245-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.245-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":326},{"sectionNumber":"sec.246","sectionType":"section","heading":"General powers after entering places","content":"### sec.246 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\naccess, electronically or in some other way, a system used at the place for conducting approved wagering or for administrative purposes related to the conduct of approved wagering; or\ntake into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\nrequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act 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.246-ssec.1) This section applies to an inspector who enters a place.\n(sec.246-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.246-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 access, electronically or in some other way, a system used at the place for conducting approved wagering or for administrative purposes related to the conduct of approved wagering; or take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\n(sec.246-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place; or\n- (e) access, electronically or in some other way, a system used at the place for conducting approved wagering or for administrative purposes related to the conduct of approved wagering; or\n- (f) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or\n- (g) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\n- (h) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.","sortOrder":327},{"sectionNumber":"sec.247","sectionType":"section","heading":"Failure to help inspector","content":"### sec.247 Failure to help inspector\n\nA person required to give reasonable help under section 246 (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.247-ssec.1) A person required to give reasonable help under section 246 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.247-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":328},{"sectionNumber":"sec.248","sectionType":"section","heading":"Failure to give information","content":"### sec.248 Failure to give information\n\nA person of whom a requirement is made under section 246 (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.248-ssec.1) A person of whom a requirement is made under section 246 (3) (h) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.248-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":329},{"sectionNumber":"sec.249","sectionType":"section","heading":"Seizing evidence at place that may be entered without consent or warrant","content":"### sec.249 Seizing evidence at place that may be entered without consent or warrant\n\nAn inspector who enters a place that may be entered under this part without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.","sortOrder":330},{"sectionNumber":"sec.250","sectionType":"section","heading":"Seizing evidence at place that may only be entered with consent or warrant","content":"### sec.250 Seizing evidence at place that may only be entered with consent or warrant\n\nThis section applies if—\nan inspector is authorised to enter a place under this part only with the consent of the occupier or a warrant; and\nthe inspector enters the place after obtaining the necessary consent or warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; 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.250-ssec.1) This section applies if— an inspector is authorised to enter a place under this part only with the consent of the occupier or a warrant; and the inspector enters the place after obtaining the necessary consent or warrant.\n(sec.250-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.250-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.250-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.250-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) an inspector is authorised to enter a place under this part only with the consent of the occupier or a warrant; and\n- (b) the inspector enters the place after obtaining the necessary consent or warrant.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; 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":331},{"sectionNumber":"sec.251","sectionType":"section","heading":"Securing things after seizure","content":"### sec.251 Securing things after seizure\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples 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 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 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 thing is situated and marking it to show access to it is restricted","sortOrder":332},{"sectionNumber":"sec.252","sectionType":"section","heading":"Tampering with things subject to seizure","content":"### sec.252 Tampering with things subject to seizure\n\nIf an inspector restricts access to a thing subject to seizure, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.\nMaximum penalty—40 penalty units.","sortOrder":333},{"sectionNumber":"sec.253","sectionType":"section","heading":"Powers to support seizure","content":"### sec.253 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 notice in the approved form—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.253-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.253-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give notice in the approved form—may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.253-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.253-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 notice in the approved form—may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":334},{"sectionNumber":"sec.254","sectionType":"section","heading":"Receipts to be given on seizure","content":"### sec.254 Receipts to be given on seizure\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).\n(sec.254-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.254-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.254-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.254-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":335},{"sectionNumber":"sec.255","sectionType":"section","heading":"Forfeiture","content":"### sec.255 Forfeiture\n\nA thing that has been seized under this part is forfeited to the State if the inspector who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\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 a thing is forfeited because of a decision of the inspector 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 255 amd 2009 No. 24 s 857\n(sec.255-ssec.1) A thing that has been seized under this part is forfeited to the State if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\n(sec.255-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.255-ssec.3) If a thing is forfeited because of a decision of the inspector under subsection (1) (c) , the inspector must tell the owner of the decision by written notice.\n(sec.255-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.255-ssec.5) The notice must comply with the QCAT Act , section 157 (2) .\n(sec.255-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":336},{"sectionNumber":"sec.256","sectionType":"section","heading":"Return of things that have been seized","content":"### sec.256 Return of things that have been seized\n\nIf a thing has been seized but not forfeited, the inspector must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the inspector must promptly return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n(sec.256-ssec.1) If a thing has been seized but not forfeited, the inspector must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.256-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":337},{"sectionNumber":"sec.257","sectionType":"section","heading":"Access to things that have been seized","content":"### sec.257 Access to things that have been seized\n\nUntil a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.257-ssec.1) Until a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.257-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":338},{"sectionNumber":"sec.258","sectionType":"section","heading":"Direction to stop using thing","content":"### sec.258 Direction to stop using thing\n\nThis section applies if an inspector reasonably believes—\na thing used in the conduct of approved wagering 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 wagering; 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 wagering.\n(sec.258-ssec.1) This section applies if an inspector reasonably believes— a thing used in the conduct of approved wagering 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 wagering; or adversely affect the public interest.\n(sec.258-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 wagering.\n- (a) a thing used in the conduct of approved wagering 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 wagering; or (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of approved wagering; or\n- (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of approved wagering; or\n- (ii) adversely affect the public interest.","sortOrder":339},{"sectionNumber":"sec.259","sectionType":"section","heading":"Requirements about stop directions","content":"### sec.259 Requirements about stop directions\n\nA direction given to a person under section 258 (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 a general operator or another person involved in the conduct of approved wagering.\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.259-ssec.1) A direction given to a person under section 258 (a stop direction ) may be given orally or by written notice (a stop notice ).\n(sec.259-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.259-ssec.3) A stop direction may be given for a thing at a place occupied by a general operator or another person involved in the conduct of approved wagering.\n(sec.259-ssec.4) A stop direction does not apply to a use of the thing carried out for repairing or testing the thing.\n(sec.259-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":340},{"sectionNumber":"sec.260","sectionType":"section","heading":"Failure to comply with stop direction","content":"### sec.260 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":341},{"sectionNumber":"sec.261","sectionType":"section","heading":"Power to require name and address","content":"### sec.261 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 reasonably to 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 to be false.\nA requirement under subsection (2) or (4) is called a personal details requirement .\n(sec.261-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 reasonably to suspect the person has just committed an offence against this Act.\n(sec.261-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.261-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.261-ssec.4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address to be false.\n(sec.261-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 reasonably to suspect the person has just committed an offence against this Act.","sortOrder":342},{"sectionNumber":"sec.262","sectionType":"section","heading":"Failure to give name or address","content":"### sec.262 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.262-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.262-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":343},{"sectionNumber":"sec.263","sectionType":"section","heading":"Power to require production of documents","content":"### sec.263 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 general operator—a document kept by the operator about the conduct of approved wagering involving the operator.\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.263-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 general operator—a document kept by the operator about the conduct of approved wagering involving the operator.\n(sec.263-ssec.2) The inspector may keep the document to copy it.\n(sec.263-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.263-ssec.4) The inspector must return the document to the person as soon as practicable after copying it.\n(sec.263-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.263-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 general operator—a document kept by the operator about the conduct of approved wagering involving the operator.","sortOrder":344},{"sectionNumber":"sec.264","sectionType":"section","heading":"Failure to produce document","content":"### sec.264 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.264-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.264-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":345},{"sectionNumber":"sec.265","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.265 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":346},{"sectionNumber":"sec.266","sectionType":"section","heading":"Power to require attendance of persons","content":"### sec.266 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 requirement relates.\nAn inspector may require any of the following persons to attend before the inspector to answer questions or give information about an authority operator’s operations—\nthe authority operator or, if the operator is a corporation, an executive officer of the operator;\na licensed employee employed by the authority operator;\nif the authority operator is a licence operator—a wagering agent appointed by the operator or, if the wagering agent is a corporation, an executive officer of the corporation;\nan employee of a wagering agent mentioned in paragraph (c) ;\nanother person associated with the operations, or management of the operations, of—\nthe authority operator; or\na wagering 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 a wagering agent’s operations—\nthe wagering agent or, if the agent is a corporation, an executive officer of the agent;\nan employee of the wagering agent;\nthe licence operator by whom the agent is appointed or, if the licence operator is a corporation, an executive officer of the corporation;\nanother person associated with the operations, or management of the operations, of—\nthe wagering agent; or\nthe licence operator mentioned in paragraph (c) .\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.266-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 requirement relates.\n(sec.266-ssec.2) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about an authority operator’s operations— the authority operator or, if the operator is a corporation, an executive officer of the operator; a licensed employee employed by the authority operator; if the authority operator is a licence operator—a wagering agent appointed by the operator or, if the wagering agent is a corporation, an executive officer of the corporation; an employee of a wagering agent mentioned in paragraph (c) ; another person associated with the operations, or management of the operations, of— the authority operator; or a wagering agent mentioned in paragraph (c) .\n(sec.266-ssec.3) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about a wagering agent’s operations— the wagering agent or, if the agent is a corporation, an executive officer of the agent; an employee of the wagering agent; the licence operator by whom the agent is appointed or, if the licence operator is a corporation, an executive officer of the corporation; another person associated with the operations, or management of the operations, of— the wagering agent; or the licence operator mentioned in paragraph (c) .\n(sec.266-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.266-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 authority operator or, if the operator is a corporation, an executive officer of the operator;\n- (b) a licensed employee employed by the authority operator;\n- (c) if the authority operator is a licence operator—a wagering agent appointed by the operator or, if the wagering agent is a corporation, an executive officer of the corporation;\n- (d) an employee of a wagering agent mentioned in paragraph (c) ;\n- (e) another person associated with the operations, or management of the operations, of— (i) the authority operator; or (ii) a wagering agent mentioned in paragraph (c) .\n- (i) the authority operator; or\n- (ii) a wagering agent mentioned in paragraph (c) .\n- (i) the authority operator; or\n- (ii) a wagering agent mentioned in paragraph (c) .\n- (a) the wagering agent or, if the agent is a corporation, an executive officer of the agent;\n- (b) an employee of the wagering agent;\n- (c) the licence operator by whom the agent is appointed or, if the licence operator is a corporation, an executive officer of the corporation;\n- (d) another person associated with the operations, or management of the operations, of— (i) the wagering agent; or (ii) the licence operator mentioned in paragraph (c) .\n- (i) the wagering agent; or\n- (ii) the licence operator mentioned in paragraph (c) .\n- (i) the wagering agent; or\n- (ii) the licence operator mentioned in paragraph (c) .\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":347},{"sectionNumber":"sec.267","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.267 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 266 must not, unless the person has a reasonable excuse—\nfail to attend before the inspector at the time and place stated in the relevant notice; or\nwhen attending before the inspector—\nfail to comply with a requirement to answer a question or give information; or\nstate anything the person knows to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n(sec.267-ssec.1) A person of whom a requirement is made under section 266 must not, unless the person has a reasonable excuse— fail to attend before the inspector at the time and place stated in the relevant notice; or when attending before the inspector— fail to comply with a requirement to answer a question or give information; or state anything the person knows to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.267-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 relevant notice; or\n- (b) when attending before the inspector— (i) fail to comply with a requirement to answer a question or give information; or (ii) state anything the person knows to be false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows to be false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows to be false or misleading in a material particular.","sortOrder":348},{"sectionNumber":"sec.268","sectionType":"section","heading":"Power to require financial records","content":"### sec.268 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 a general operator keeps an account relating to the operator’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.268-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 general operator keeps an account relating to the operator’s operations.\n(sec.268-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.268-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 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":349},{"sectionNumber":"sec.269","sectionType":"section","heading":"Effect of compliance with financial records requirement","content":"### sec.269 Effect of compliance with financial records requirement\n\nNo liability for breach of trust or on any other basis attaches to a person who is the manager or other principal officer at a place of business of a financial institution merely because the person complies with a financial records requirement.\nNo liability for breach of trust or on any other basis attaches to a financial institution merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.\n(sec.269-ssec.1) No liability for breach of trust or on any other basis attaches to a person who is the manager or other principal officer at a place of business of a financial institution merely because the person complies with a financial records requirement.\n(sec.269-ssec.2) No liability for breach of trust or on any other basis attaches to a financial institution merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.","sortOrder":350},{"sectionNumber":"sec.270","sectionType":"section","heading":"Failure to comply with financial records requirement","content":"### sec.270 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":351},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Powers of Minister","content":"## Powers of Minister","sortOrder":352},{"sectionNumber":"sec.271","sectionType":"section","heading":"Direction about management practice","content":"### sec.271 Direction about management practice\n\nThis section applies if the Minister reasonably believes—\nthe management, supervision or control of a part of a general operator’s operations (the management practice ) is unsatisfactory; and\nthe management practice may—\ncompromise proper standards of integrity in the conduct of approved wagering; or\nadversely affect the public interest in some other way.\nThe Minister may direct the general operator to stop, or change, the management practice.\nThe direction must—\nbe in writing; and\nstate the grounds on which the Minister believes the management practice is unsatisfactory; and\nif the person is required to change the management practice—clearly describe how the practice is to be changed; and\nstate when the person is required to comply with the direction.\nA person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.271-ssec.1) This section applies if the Minister reasonably believes— the management, supervision or control of a part of a general operator’s operations (the management practice ) is unsatisfactory; and the management practice may— compromise proper standards of integrity in the conduct of approved wagering; or adversely affect the public interest in some other way.\n(sec.271-ssec.2) The Minister may direct the general operator to stop, or change, the management practice.\n(sec.271-ssec.3) The direction must— be in writing; and state the grounds on which the Minister believes the management practice is unsatisfactory; and if the person is required to change the management practice—clearly describe how the practice is to be changed; and state when the person is required to comply with the direction.\n(sec.271-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 general operator’s operations (the management practice ) is unsatisfactory; and\n- (b) the management practice may— (i) compromise proper standards of integrity in the conduct of approved wagering; or (ii) adversely affect the public interest in some other way.\n- (i) compromise proper standards of integrity in the conduct of approved wagering; or\n- (ii) adversely affect the public interest in some other way.\n- (i) compromise proper standards of integrity in the conduct of approved wagering; or\n- (ii) adversely affect the public interest in some other way.\n- (a) be in writing; and\n- (b) state the grounds on which the Minister believes the management practice is unsatisfactory; and\n- (c) if the person is required to change the management practice—clearly describe how the practice is to be changed; and\n- (d) state when the person is required to comply with the direction.","sortOrder":353},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"General enforcement matters","content":"## General enforcement matters","sortOrder":354},{"sectionNumber":"sec.272","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.272 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized—whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.272-ssec.1) On conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.272-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.272-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.272-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":355},{"sectionNumber":"sec.273","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.273 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy the thing.\n(sec.273-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.273-ssec.2) Without limiting subsection (1) , the chief executive may destroy the thing.","sortOrder":356},{"sectionNumber":"sec.274","sectionType":"section","heading":"Notice of damage","content":"### sec.274 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising or purporting to exercise a power; or\na person (the officiating 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 control of the inspector or officiating person, the inspector may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the inspector reasonably considers trivial.\nIn this section—\nowner , of a thing, includes the person in possession or control of it.\n(sec.274-ssec.1) This section applies if— an inspector damages something when exercising or purporting to exercise a power; or a person (the officiating person ) acting under the direction of an inspector damages something.\n(sec.274-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.274-ssec.3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the inspector or officiating person, the inspector may state the belief in the notice.\n(sec.274-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.274-ssec.5) This section does not apply to damage the inspector reasonably considers trivial.\n(sec.274-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 officiating person ) acting under the direction of an inspector damages something.","sortOrder":357},{"sectionNumber":"sec.275","sectionType":"section","heading":"Compensation","content":"### sec.275 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 —\nsubdivision 1 (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 in proceedings for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.275-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 — subdivision 1 (Power to enter places) subdivision 3 (General powers) subdivision 4 (Power to seize evidence) subdivision 6 (Power to obtain information).\n(sec.275-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.275-ssec.3) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.275-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.275-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 in proceedings for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":358},{"sectionNumber":"sec.276","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.276 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 State.\n(sec.276-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.276-ssec.2) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.276-ssec.3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) an inspector; or\n- (d) a person acting under the direction of an inspector.","sortOrder":359},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":"General enforcement offences","content":"## General enforcement offences","sortOrder":360},{"sectionNumber":"sec.277","sectionType":"section","heading":"False or misleading statements","content":"### sec.277 False or misleading statements\n\nA person must not state anything to an inspector the person knows to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.277-ssec.1) A person must not state anything to an inspector the person knows to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.277-ssec.2) It is enough for a complaint for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.","sortOrder":361},{"sectionNumber":"sec.278","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.278 False, misleading or incomplete documents\n\nA person must not give an inspector a document containing information the person knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nAlso, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.\n(sec.278-ssec.1) A person must not give an inspector a document containing information the person knows to be false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units.\n(sec.278-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.278-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.278-ssec.4) It is enough for a complaint for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.\n- (a) tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":362},{"sectionNumber":"sec.279","sectionType":"section","heading":"Obstructing inspectors","content":"### sec.279 Obstructing inspectors\n\nA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.\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 an obstruction.\n(sec.279-ssec.1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.279-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 an obstruction.\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 an obstruction.","sortOrder":363},{"sectionNumber":"pt.13","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":364},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":365},{"sectionNumber":"sec.280","sectionType":"section","heading":"Application of division","content":"### sec.280 Application of division\n\nThis division applies to a proceeding under this Act.","sortOrder":366},{"sectionNumber":"sec.281","sectionType":"section","heading":"Appointments and authority","content":"### sec.281 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nan inspector’s appointment; or\nthe authority of the chief executive or an inspector to do anything under this Act.\n- (a) the chief executive’s appointment; or\n- (b) an inspector’s appointment; or\n- (c) the authority of the chief executive or an inspector to do anything under this Act.","sortOrder":367},{"sectionNumber":"sec.282","sectionType":"section","heading":"Signatures","content":"### sec.282 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":368},{"sectionNumber":"sec.283","sectionType":"section","heading":"Evidentiary aids","content":"### sec.283 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) or a stated approval was, or was not, in force for a stated person or thing;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid;\nanything else prescribed under a regulation.\nIn this section—\nlicence means a wagering licence, oncourse wagering permit or key person licence.\n(sec.283-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) or a stated approval was, or was not, in force for a stated person or thing; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid; anything else prescribed under a regulation.\n(sec.283-ssec.2) In this section— licence means a wagering licence, oncourse wagering permit or key person 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) or a stated approval was, or was not, in force for a stated person or thing;\n- (h) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (i) on a stated day, a stated requirement was made of a stated person;\n- (j) a stated amount is payable under this Act by a stated person and has not been paid;\n- (k) anything else prescribed under a regulation.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a licence;\n- (iv) a record, or an extract from a record;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;","sortOrder":369},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":370},{"sectionNumber":"sec.284","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.284 Indictable and summary offences\n\nAn offence against section 217 , 218 or 220 is an indictable offence.\nAny other offence against this Act is a summary offence.\n(sec.284-ssec.1) An offence against section 217 , 218 or 220 is an indictable offence.\n(sec.284-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":371},{"sectionNumber":"sec.285","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.285 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceedings must be disregarded; and\nevidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n(sec.285-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.285-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.285-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceedings must be disregarded; and evidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.285-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceedings must be disregarded; and\n- (c) evidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":372},{"sectionNumber":"sec.286","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.286 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge of an indictable offence; or\nfor an examination of witnesses for a charge of an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.286-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge of an indictable offence; or for an examination of witnesses for a charge of an indictable offence.\n(sec.286-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge of an indictable offence; or\n- (b) for an examination of witnesses for a charge of an indictable offence.","sortOrder":373},{"sectionNumber":"sec.287","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.287 Limitation on time for starting summary proceedings\n\nA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 may start at any time but, if started more than 1 year after the commission of the offence, must start within 6 months after the offence comes to the complainant’s knowledge.","sortOrder":374},{"sectionNumber":"sec.288","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.288 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.288-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.288-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.\n(sec.288-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.288-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":375},{"sectionNumber":"sec.289","sectionType":"section","heading":"Executive officer may be taken to have committed offence against s 172","content":"### sec.289 Executive officer may be taken to have committed offence against s 172\n\nIf a corporation commits an offence against section 172 , 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 172 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 172 ;\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 172 .\nSee also section 340E for the application of this provision in relation to offences against other provisions.\ns 289 sub 2013 No. 51 s 218\namd 2018 No. 13 s 87\n(sec.289-ssec.1) If a corporation commits an offence against section 172 , 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.289-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 172 whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.289-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 172 ; 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 172 .\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 172 ;\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 172 .","sortOrder":376},{"sectionNumber":"sec.290","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.290 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty for an attempt—half the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.290-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty for an attempt—half the maximum penalty for the completed offence.\n(sec.290-ssec.2) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":377},{"sectionNumber":"pt.14","sectionType":"part","heading":"Reviews by QCAT or Minister","content":"# Reviews by QCAT or Minister","sortOrder":378},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Applications for review of decisions by tribunal","content":"## Applications for review of decisions by tribunal","sortOrder":379},{"sectionNumber":"sec.291","sectionType":"section","heading":"When authority operators may apply for review","content":"### sec.291 When authority operators may apply for review\n\nAn authority operator may apply, as provided under the QCAT Act , to the tribunal for a review of the following decisions of the chief executive—\na decision under section 175 directing an authority operator to include additional details about a matter in the operator’s control system for conducting wagering\na decision under section 208 refusing to approve regulated wagering equipment\na decision under section 208 refusing to approve a modification of regulated wagering equipment.\na decision under section 208 to approve regulated wagering equipment or a modification of the equipment, with conditions\na decision under section 208 to impose a condition on an approval for regulated wagering equipment or a modification of the equipment\na decision under section 208 to vary a condition of an approval for regulated wagering equipment or a modification of the equipment\ns 291 amd 1999 No. 77 s 208 ; 2004 No. 21 s 116\nsub 2009 No. 24 s 859\namd 2013 No. 25 s 185 ; 2022 No. 23 s 109\n- • a decision under section 175 directing an authority operator to include additional details about a matter in the operator’s control system for conducting wagering\n- • a decision under section 208 refusing to approve regulated wagering equipment\n- • a decision under section 208 refusing to approve a modification of regulated wagering equipment.\n- • a decision under section 208 to approve regulated wagering equipment or a modification of the equipment, with conditions\n- • a decision under section 208 to impose a condition on an approval for regulated wagering equipment or a modification of the equipment\n- • a decision under section 208 to vary a condition of an approval for regulated wagering equipment or a modification of the equipment","sortOrder":380},{"sectionNumber":"sec.292","sectionType":"section","heading":"When licence operators may apply for review","content":"### sec.292 When licence operators may apply for review\n\nA licence operator may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive under section 159 directing the operator to terminate an agency agreement entered into by the operator.\ns 292 sub 2009 No. 24 s 859","sortOrder":381},{"sectionNumber":"sec.293","sectionType":"section","heading":"When applicants for key person licences may apply for review","content":"### sec.293 When applicants for key person licences may apply for review\n\nAn applicant for a key person licence may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive under section 104 refusing to grant the application.\ns 293 sub 2009 No. 24 s 859","sortOrder":382},{"sectionNumber":"sec.294","sectionType":"section","heading":"When key person licensees may apply for review","content":"### sec.294 When key person licensees may apply for review\n\nA key person licensee may apply, as provided under the QCAT Act , to the tribunal for a review of the following decisions of the chief executive—\na decision under section 109 imposing a condition on the key person licence\na decision under section 114 changing a condition of the key person licence\na decision under section 116 refusing to grant an application to replace the key person licence\na decision under section 126 immediately suspending the key person licence\na decision under section 127 suspending or cancelling the key person licence\na decision under section 129 censuring the key person licensee\na decision under section 130 directing the key person licensee to rectify a matter.\ns 294 amd 2004 No. 21 s 117\nsub 2009 No. 24 s 859\n- • a decision under section 109 imposing a condition on the key person licence\n- • a decision under section 114 changing a condition of the key person licence\n- • a decision under section 116 refusing to grant an application to replace the key person licence\n- • a decision under section 126 immediately suspending the key person licence\n- • a decision under section 127 suspending or cancelling the key person licence\n- • a decision under section 129 censuring the key person licensee\n- • a decision under section 130 directing the key person licensee to rectify a matter.","sortOrder":383},{"sectionNumber":"sec.295","sectionType":"section","heading":"When wagering agents may apply for review","content":"### sec.295 When wagering agents may apply for review\n\nA wagering agent may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive under section 159 directing the licence operator by whom the agent was appointed to terminate the agency agreement.\ns 295 sub 2009 No. 24 s 859","sortOrder":384},{"sectionNumber":"sec.296","sectionType":"section","heading":"When owner of things seized may apply for review","content":"### sec.296 When owner of things seized may apply for review\n\nThe owner of a thing seized by an inspector may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of an inspector under section 255 resulting in the thing being forfeited.\ns 296 sub 2009 No. 24 s 859","sortOrder":385},{"sectionNumber":"sec.297","sectionType":"section","heading":"When other persons may apply for review","content":"### sec.297 When other persons may apply for review\n\nA person may apply, as provided under the QCAT Act , to the tribunal for a review of the following decisions—\na decision of a general operator, under section 216D , to give the person an exclusion direction;\na decision of a general operator, under section 216G , refusing to revoke an exclusion direction given to the person.\ns 297 amd 2002 No. 43 s 109\nsub 2009 No. 24 s 859\n- (a) a decision of a general operator, under section 216D , to give the person an exclusion direction;\n- (b) a decision of a general operator, under section 216G , refusing to revoke an exclusion direction given to the person.","sortOrder":386},{"sectionNumber":"sec.298","sectionType":"section","heading":"Tribunal to decide review on evidence before the chief executive","content":"### sec.298 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 298 sub 2009 No. 24 s 859\n(sec.298-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.298-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.298-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":387},{"sectionNumber":"sec.299","sectionType":"section","heading":"Tribunal may give leave for review to be decided on new evidence in particular circumstances","content":"### sec.299 Tribunal may give leave for review to be decided on new evidence in particular circumstances\n\nDespite section 298 , 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 299 sub 2009 No. 24 s 859\n(sec.299-ssec.1) Despite section 298 , 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.299-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.299-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":388},{"sectionNumber":"sec.300","sectionType":"section","heading":"Appeals from tribunal only to Court of Appeal on a question of law","content":"### sec.300 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 of mentioned in sections 291 to 297 .\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 300 sub 2009 No. 24 s 859\n(sec.300-ssec.1) This section applies to a decision of the tribunal (the tribunal decision ) in a proceeding for a review of a decision of mentioned in sections 291 to 297 .\n(sec.300-ssec.2) The QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\n(sec.300-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.300-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":389},{"sectionNumber":"sec.301","sectionType":"section","heading":null,"content":"### Section sec.301\n\ns 301 om 2009 No. 24 s 859","sortOrder":390},{"sectionNumber":"sec.302","sectionType":"section","heading":null,"content":"### Section sec.302\n\ns 302 amd 1999 No. 38 s 86\nsub 2004 No. 21 s 118\nom 2009 No. 24 s 859","sortOrder":391},{"sectionNumber":"sec.302A","sectionType":"section","heading":null,"content":"### Section sec.302A\n\ns 302A ins 2004 No. 21 s 119\nom 2009 No. 24 s 859","sortOrder":392},{"sectionNumber":"sec.302B","sectionType":"section","heading":null,"content":"### Section sec.302B\n\ns 302B ins 2004 No. 21 s 119\nom 2009 No. 24 s 859","sortOrder":393},{"sectionNumber":"sec.302C","sectionType":"section","heading":null,"content":"### Section sec.302C\n\ns 302C ins 2004 No. 21 s 119\nom 2009 No. 24 s 859","sortOrder":394},{"sectionNumber":"sec.302D","sectionType":"section","heading":null,"content":"### Section sec.302D\n\ns 302D ins 2004 No. 21 s 119\nom 2009 No. 24 s 859","sortOrder":395},{"sectionNumber":"sec.302E","sectionType":"section","heading":null,"content":"### Section sec.302E\n\ns 302E ins 2004 No. 21 s 119\nom 2009 No. 24 s 859","sortOrder":396},{"sectionNumber":"sec.302F","sectionType":"section","heading":null,"content":"### Section sec.302F\n\ns 302F ins 2004 No. 21 s 119\nom 2009 No. 24 s 859","sortOrder":397},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Reviews by Minister","content":"## Reviews by Minister","sortOrder":398},{"sectionNumber":"sec.303","sectionType":"section","heading":"Refusal of licence operator to enter into agency agreement","content":"### sec.303 Refusal of licence operator to enter into agency agreement\n\nThis section applies if—\na licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or\nthe operator has refused to enter into an agency agreement with the licensed club.\nThe licensed club may ask the Minister to review—\nthe outcome of the negotiations mentioned in subsection (1) (a) (the outcome ); or\nthe decision mentioned in subsection (1) (b) .\nAfter reviewing the outcome or decision, the Minister may direct the licence operator to enter into an agency agreement with the licensed club on the terms decided by the Minister.\nIn giving a direction, the Minister must have regard to—\nthe commercial viability of the licence operator and the licensed club; and\nthe public interest.\nIf the licensed club is willing to enter into an agency agreement on the terms decided by the Minister, the licence operator must comply with the direction.\nMaximum penalty—100 penalty units.\nIn this section, a reference to a decision of a licence operator to refuse to enter into an agency agreement includes a failure to enter into an agency agreement.\ns 303 amd 2004 No. 21 s 123 sch\n(sec.303-ssec.1) This section applies if— a licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or the operator has refused to enter into an agency agreement with the licensed club.\n(sec.303-ssec.2) The licensed club may ask the Minister to review— the outcome of the negotiations mentioned in subsection (1) (a) (the outcome ); or the decision mentioned in subsection (1) (b) .\n(sec.303-ssec.3) After reviewing the outcome or decision, the Minister may direct the licence operator to enter into an agency agreement with the licensed club on the terms decided by the Minister.\n(sec.303-ssec.4) In giving a direction, the Minister must have regard to— the commercial viability of the licence operator and the licensed club; and the public interest.\n(sec.303-ssec.5) If the licensed club is willing to enter into an agency agreement on the terms decided by the Minister, the licence operator must comply with the direction. Maximum penalty—100 penalty units.\n(sec.303-ssec.6) In this section, a reference to a decision of a licence operator to refuse to enter into an agency agreement includes a failure to enter into an agency agreement.\n- (a) a licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or\n- (b) the operator has refused to enter into an agency agreement with the licensed club.\n- (a) the outcome of the negotiations mentioned in subsection (1) (a) (the outcome ); or\n- (b) the decision mentioned in subsection (1) (b) .\n- (a) the commercial viability of the licence operator and the licensed club; and\n- (b) the public interest.","sortOrder":399},{"sectionNumber":"sec.304","sectionType":"section","heading":"Termination of agency agreement","content":"### sec.304 Termination of agency agreement\n\nThis section applies if a licence operator terminates an agency agreement with a licensed club otherwise than because of a direction to terminate the agreement given to the licence operator by the chief executive.\nThe licensed club may ask the Minister to review the decision.\nTo secure the effectiveness of the review, the Minister may grant a stay of the decision.\nAfter reviewing the decision, the Minister may direct the licence operator to reinstate the agency agreement.\nHowever, the Minister may give a direction only if the Minister considers the licence operator, in terminating the agency agreement—\nacted otherwise than under the agreement; or\ndespite having acted under the agreement—acted unreasonably.\nThe licence operator must comply with the direction.\nMaximum penalty—100 penalty units.\nIn this section—\nreinstate an agency agreement that has been terminated includes enter into a fresh agency agreement on terms similar to the agency agreement terminated.\ns 304 amd 2004 No. 21 s 123 sch\n(sec.304-ssec.1) This section applies if a licence operator terminates an agency agreement with a licensed club otherwise than because of a direction to terminate the agreement given to the licence operator by the chief executive.\n(sec.304-ssec.2) The licensed club may ask the Minister to review the decision.\n(sec.304-ssec.3) To secure the effectiveness of the review, the Minister may grant a stay of the decision.\n(sec.304-ssec.4) After reviewing the decision, the Minister may direct the licence operator to reinstate the agency agreement.\n(sec.304-ssec.5) However, the Minister may give a direction only if the Minister considers the licence operator, in terminating the agency agreement— acted otherwise than under the agreement; or despite having acted under the agreement—acted unreasonably.\n(sec.304-ssec.6) The licence operator must comply with the direction. Maximum penalty—100 penalty units.\n(sec.304-ssec.7) In this section— reinstate an agency agreement that has been terminated includes enter into a fresh agency agreement on terms similar to the agency agreement terminated.\n- (a) acted otherwise than under the agreement; or\n- (b) despite having acted under the agreement—acted unreasonably.","sortOrder":400},{"sectionNumber":"sec.305","sectionType":"section","heading":"Issues about staying operations of decisions","content":"### sec.305 Issues about staying operations of decisions\n\nA stay mentioned in section 304 (3) —\nmay be given on conditions the Minister considers appropriate; and\noperates for the period fixed by the Minister; and\nmay be revoked or amended by the Minister.\nThe period of a stay under this section must not extend past the time when the Minister decides the review.\nA review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n(sec.305-ssec.1) A stay mentioned in section 304 (3) — may be given on conditions the Minister considers appropriate; and operates for the period fixed by the Minister; and may be revoked or amended by the Minister.\n(sec.305-ssec.2) The period of a stay under this section must not extend past the time when the Minister decides the review.\n(sec.305-ssec.3) A review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions the Minister considers appropriate; and\n- (b) operates for the period fixed by the Minister; and\n- (c) may be revoked or amended by the Minister.","sortOrder":401},{"sectionNumber":"sec.306","sectionType":"section","heading":"Procedures for reviews","content":"### sec.306 Procedures for reviews\n\nFor reviewing an outcome or a decision, the Minister—\nmust give the licence operator and the licensed club a reasonable opportunity to be heard or to make representations about the outcome or decision; and\nmust consider any representations.\ns 306 amd 1999 No. 38 s 87 ; 2004 No. 21 s 123 sch\n- (a) must give the licence operator and the licensed club a reasonable opportunity to be heard or to make representations about the outcome or decision; and\n- (b) must consider any representations.","sortOrder":402},{"sectionNumber":"sec.307","sectionType":"section","heading":"Delegation for div 2","content":"### sec.307 Delegation for div 2\n\nThe Minister may delegate the Minister’s powers under this division to the Queensland Competition Authority.\nThe Queensland Competition Authority has the powers and functions necessary for the delegation.\n(sec.307-ssec.1) The Minister may delegate the Minister’s powers under this division to the Queensland Competition Authority.\n(sec.307-ssec.2) The Queensland Competition Authority has the powers and functions necessary for the delegation.","sortOrder":403},{"sectionNumber":"pt.15","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":404},{"sectionNumber":"sec.308","sectionType":"section","heading":"Confidentiality of information","content":"### sec.308 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 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 308 amd 2004 No. 21 s 120\n(sec.308-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.308-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.308-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.308-ssec.4) Before giving an approval for subsection (3) (c) , the chief executive must— give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\n(sec.308-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.308-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 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":405},{"sectionNumber":"sec.308A","sectionType":"section","heading":"Commissioner of police service to notify changes in criminal history","content":"### sec.308A 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 employee; or\nan authority holder who is an individual; or\nan individual identified by the Minister as being a business or executive associate of an authority holder.\ns 308A ins 2009 No. 41 s 112\n(sec.308A-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.308A-ssec.2) The commissioner must notify the chief executive about the change in the person’s criminal history.\n(sec.308A-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.308A-ssec.4) The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1) .\n(sec.308A-ssec.5) In this section— relevant person means— a licensed employee; or an authority holder who is an individual; or an individual identified by the Minister as being a business or executive associate of an authority holder.\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 employee; or\n- (b) an authority holder who is an individual; or\n- (c) an individual identified by the Minister as being a business or executive associate of an authority holder.","sortOrder":406},{"sectionNumber":"sec.309","sectionType":"section","heading":"Delegations","content":"### sec.309 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act, other than part 14 , division 2 , 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 309 amd 2002 No. 43 s 110 ; 2005 No. 12 s 84\n(sec.309-ssec.1) The Minister may delegate the Minister’s powers under this Act, other than part 14 , division 2 , to— the chief executive; or an appropriately qualified inspector or an appropriately qualified officer of the department.\n(sec.309-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.309-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":407},{"sectionNumber":"sec.310","sectionType":"section","heading":"Commercial arrangements for conducting sports wagering","content":"### sec.310 Commercial arrangements for conducting sports wagering\n\nThis section applies if a sports wagering licensee does not propose to conduct wagering under the licence on a particular sporting event or contingency held or happening outside Australia or New Zealand.\nWith the approval of the Minister, the licensee may enter into a commercial arrangement with a licensed entity for the entity to conduct wagering on the event or contingency.\nWagering conducted by the licensed entity under the arrangement is taken to be wagering conducted by the sports wagering licensee under the sports wagering licence.\nIn this section—\nlicensed entity means—\na casino licensee under the Casino Control Act 1982 ; or\nthe holder of an operator’s licence under the Gaming Machine Act 1991 ; or\nthe holder of an interactive gambling licence under the Interactive Gambling (Player Protection) Act 1998 ; or\na keno licensee under the Keno Act 1996 ; or\na lottery operator under the Lotteries Act 1997 .\ns 310 amd 2007 No. 22 s 67 sch 2\n(sec.310-ssec.1) This section applies if a sports wagering licensee does not propose to conduct wagering under the licence on a particular sporting event or contingency held or happening outside Australia or New Zealand.\n(sec.310-ssec.2) With the approval of the Minister, the licensee may enter into a commercial arrangement with a licensed entity for the entity to conduct wagering on the event or contingency.\n(sec.310-ssec.3) Wagering conducted by the licensed entity under the arrangement is taken to be wagering conducted by the sports wagering licensee under the sports wagering licence.\n(sec.310-ssec.4) In this section— licensed entity means— a casino licensee under the Casino Control Act 1982 ; or the holder of an operator’s licence under the Gaming Machine Act 1991 ; or the holder of an interactive gambling licence under the Interactive Gambling (Player Protection) Act 1998 ; or a keno licensee under the Keno Act 1996 ; or a lottery operator under the Lotteries Act 1997 .\n- (a) a casino licensee under the Casino Control Act 1982 ; or\n- (b) the holder of an operator’s licence under the Gaming Machine Act 1991 ; or\n- (c) the holder of an interactive gambling licence under the Interactive Gambling (Player Protection) Act 1998 ; or\n- (d) a keno licensee under the Keno Act 1996 ; or\n- (e) a lottery operator under the Lotteries Act 1997 .","sortOrder":408},{"sectionNumber":"sec.310A","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.310A 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 310A ins 2022 No. 23 s 110\n(sec.310A-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.310A-ssec.2) The chief executive must publish the guidelines on the department’s website. s 310A ins 2022 No. 23 s 110\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":409},{"sectionNumber":"sec.311","sectionType":"section","heading":"Approval of forms","content":"### sec.311 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":410},{"sectionNumber":"sec.312","sectionType":"section","heading":"Regulation-making power","content":"### sec.312 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—\ninvestments; or\nan account in the name of an investor with a licence operator; or\nvouchers for use in place of money to make investments; or\noutcomes of events; or\npayouts; or\nsetting aside a portion of the total of all investments made on a totalisator, and distributing or paying the money set aside; or\nbe about the methods of payment used—\nwith regulated wagering equipment; or\nfor wagering; or\nfor paying out a winning bet or refund; or\nfor making deposits to, or withdrawals from, an account in the name of an investor with a licence operator.\ns 312 amd 2005 No. 12 s 85 ; 2009 No. 41 s 113 ; 2022 No. 23 s 111\n(sec.312-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.312-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— investments; or an account in the name of an investor with a licence operator; or vouchers for use in place of money to make investments; or outcomes of events; or payouts; or setting aside a portion of the total of all investments made on a totalisator, and distributing or paying the money set aside; or be about the methods of payment used— with regulated wagering equipment; or for wagering; or for paying out a winning bet or refund; or for making deposits to, or withdrawals from, an account in the name of an investor with a licence operator.\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) investments; or (ii) an account in the name of an investor with a licence operator; or (iii) vouchers for use in place of money to make investments; or (iv) outcomes of events; or (v) payouts; or (vi) setting aside a portion of the total of all investments made on a totalisator, and distributing or paying the money set aside; or\n- (i) investments; or\n- (ii) an account in the name of an investor with a licence operator; or\n- (iii) vouchers for use in place of money to make investments; or\n- (iv) outcomes of events; or\n- (v) payouts; or\n- (vi) setting aside a portion of the total of all investments made on a totalisator, and distributing or paying the money set aside; or\n- (d) be about the methods of payment used— (i) with regulated wagering equipment; or (ii) for wagering; or (iii) for paying out a winning bet or refund; or (iv) for making deposits to, or withdrawals from, an account in the name of an investor with a licence operator.\n- (i) with regulated wagering equipment; or\n- (ii) for wagering; or\n- (iii) for paying out a winning bet or refund; or\n- (iv) for making deposits to, or withdrawals from, an account in the name of an investor with a licence operator.\n- (i) investments; or\n- (ii) an account in the name of an investor with a licence operator; or\n- (iii) vouchers for use in place of money to make investments; or\n- (iv) outcomes of events; or\n- (v) payouts; or\n- (vi) setting aside a portion of the total of all investments made on a totalisator, and distributing or paying the money set aside; or\n- (i) with regulated wagering equipment; or\n- (ii) for wagering; or\n- (iii) for paying out a winning bet or refund; or\n- (iv) for making deposits to, or withdrawals from, an account in the name of an investor with a licence operator.","sortOrder":411},{"sectionNumber":"pt.17","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":412},{"sectionNumber":"pt.17-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 15 of 1998","content":"## Transitional provisions for Act No. 15 of 1998","sortOrder":413},{"sectionNumber":"sec.318","sectionType":"section","heading":"Application of div 1","content":"### sec.318 Application of div 1\n\nThis division applies only if a wagering licence (the initial licence ) is issued on the commencement day.\ns 318 amd 1999 No. 38 s 88 ; 2004 No. 21 s 123 sch","sortOrder":414},{"sectionNumber":"sec.319","sectionType":"section","heading":"Definitions for div 1","content":"### sec.319 Definitions for div 1\n\nIn this division—\ncommencement day means the day on which the provision in which the term is used commences.\nexisting Act means the Racing and Betting Act 1980 as in force from time to time before the commencement day.\ninitial licence see section 318.\ninitial operator means—\nif, on the commencement day, the wagering licensee under the initial licence does not enter into a wagering management agreement with the Minister’s approval—the wagering licensee; or\nif, on the commencement day, the wagering licensee under the initial licence enters into a wagering management agreement with the Minister’s approval—the wagering manager appointed under the agreement.\nTAB agency agreement means a contract, agreement or arrangement made under the existing Act under which the TAB appointed a person as its agent for the exercise of its powers or performance of its functions.\nTAB’s control system means the system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the TAB for the conduct of wagering by totalisators.\ns 319 amd 1999 No. 38 s 89 ; 2004 No. 21 s 123 sch\n- (a) if, on the commencement day, the wagering licensee under the initial licence does not enter into a wagering management agreement with the Minister’s approval—the wagering licensee; or\n- (b) if, on the commencement day, the wagering licensee under the initial licence enters into a wagering management agreement with the Minister’s approval—the wagering manager appointed under the agreement.","sortOrder":415},{"sectionNumber":"sec.320","sectionType":"section","heading":"Control system for initial operator","content":"### sec.320 Control system for initial operator\n\nThis section applies if, on the commencement day, the initial operator makes a control system submission to the chief executive.\nThe TAB’s control system is, with any necessary modifications, taken to be the initial operator’s approved control system until the chief executive approves, or refuses to approve, under section 176, the control system to which the submission relates.\n(sec.320-ssec.1) This section applies if, on the commencement day, the initial operator makes a control system submission to the chief executive.\n(sec.320-ssec.2) The TAB’s control system is, with any necessary modifications, taken to be the initial operator’s approved control system until the chief executive approves, or refuses to approve, under section 176, the control system to which the submission relates.","sortOrder":416},{"sectionNumber":"sec.321","sectionType":"section","heading":"Regulated wagering equipment","content":"### sec.321 Regulated wagering equipment\n\nThis section applies if—\nimmediately before the commencement day, wagering equipment—\nis the TAB’s equipment; or\nwas used in the conduct of betting by means of a totalisator under the existing Act; and\non the commencement day, the equipment is regulated wagering equipment.\nThe regulated wagering equipment is taken to be approved wagering equipment.\n(sec.321-ssec.1) This section applies if— immediately before the commencement day, wagering equipment— is the TAB’s equipment; or was used in the conduct of betting by means of a totalisator under the existing Act; and on the commencement day, the equipment is regulated wagering equipment.\n(sec.321-ssec.2) The regulated wagering equipment is taken to be approved wagering equipment.\n- (a) immediately before the commencement day, wagering equipment— (i) is the TAB’s equipment; or (ii) was used in the conduct of betting by means of a totalisator under the existing Act; and\n- (i) is the TAB’s equipment; or\n- (ii) was used in the conduct of betting by means of a totalisator under the existing Act; and\n- (b) on the commencement day, the equipment is regulated wagering equipment.\n- (i) is the TAB’s equipment; or\n- (ii) was used in the conduct of betting by means of a totalisator under the existing Act; and","sortOrder":417},{"sectionNumber":"sec.322","sectionType":"section","heading":"Key employees of initial operator","content":"### sec.322 Key employees of initial operator\n\nThis section applies if, on the commencement day, a key employee of the initial operator applies to the chief executive to be licensed as an employee under a key person licence.\nThe key employee is taken to be a licensed employee until the chief executive grants or refuses to grant the application under section 104.\n(sec.322-ssec.1) This section applies if, on the commencement day, a key employee of the initial operator applies to the chief executive to be licensed as an employee under a key person licence.\n(sec.322-ssec.2) The key employee is taken to be a licensed employee until the chief executive grants or refuses to grant the application under section 104.","sortOrder":418},{"sectionNumber":"sec.323","sectionType":"section","heading":"Amounts payable before commencement day for investments","content":"### sec.323 Amounts payable before commencement day for investments\n\nThis section applies if—\nan investment is made under the existing Act before the commencement day; and\nan amount first becomes payable in relation to the investment (whether by way of a dividend or refund) before the commencement day.\nSections 201 to 203 of the existing Act continue to apply in relation to the investment and the amount as if the sections had not been repealed by the Racing Legislation Amendment Act 1998 .\nFor applying the sections—\na reference to the totalisator board is taken to be a reference to the TAB; and\na reference to the Racing Development Fund is taken to be a reference to the consolidated fund.\n(sec.323-ssec.1) This section applies if— an investment is made under the existing Act before the commencement day; and an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) before the commencement day.\n(sec.323-ssec.2) Sections 201 to 203 of the existing Act continue to apply in relation to the investment and the amount as if the sections had not been repealed by the Racing Legislation Amendment Act 1998 .\n(sec.323-ssec.3) For applying the sections— a reference to the totalisator board is taken to be a reference to the TAB; and a reference to the Racing Development Fund is taken to be a reference to the consolidated fund.\n- (a) an investment is made under the existing Act before the commencement day; and\n- (b) an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) before the commencement day.\n- (a) a reference to the totalisator board is taken to be a reference to the TAB; and\n- (b) a reference to the Racing Development Fund is taken to be a reference to the consolidated fund.","sortOrder":419},{"sectionNumber":"sec.324","sectionType":"section","heading":"Amounts payable on or after commencement day for investments","content":"### sec.324 Amounts payable on or after commencement day for investments\n\nThis section applies if—\nan investment is made under the existing Act before the commencement day; and\nan amount first becomes payable in relation to the investment (whether by way of a dividend or refund) on or after the commencement day.\nFor paying the amount, the investment is taken to be an investment made for approved wagering.\n(sec.324-ssec.1) This section applies if— an investment is made under the existing Act before the commencement day; and an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) on or after the commencement day.\n(sec.324-ssec.2) For paying the amount, the investment is taken to be an investment made for approved wagering.\n- (a) an investment is made under the existing Act before the commencement day; and\n- (b) an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) on or after the commencement day.","sortOrder":420},{"sectionNumber":"sec.325","sectionType":"section","heading":"Agency agreements","content":"### sec.325 Agency agreements\n\nA TAB agency agreement made before, and in force at, the commencement day is taken to be an agency agreement duly made under this Act for the initial operator.\nWithin 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent with whom the operator has an agency agreement to which this section applies.\n(sec.325-ssec.1) A TAB agency agreement made before, and in force at, the commencement day is taken to be an agency agreement duly made under this Act for the initial operator.\n(sec.325-ssec.2) Within 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent with whom the operator has an agency agreement to which this section applies.","sortOrder":421},{"sectionNumber":"sec.326","sectionType":"section","heading":"Wagering agents","content":"### sec.326 Wagering agents\n\nThis section applies if, immediately before the commencement day—\na race club holds a totalisator licence under the existing Act; and\na net pool of the race club is amalgamated under section 196 of the existing Act.\nSubject to part 8, division 4, for 1 year starting on the commencement day, the race club is taken to be a wagering agent of the initial operator and the agency relationship between the club and operator is taken to be an agency agreement.\nHowever, the race club may terminate the agency by written notice given to the initial operator.\nWithin 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent under this section.\n(sec.326-ssec.1) This section applies if, immediately before the commencement day— a race club holds a totalisator licence under the existing Act; and a net pool of the race club is amalgamated under section 196 of the existing Act.\n(sec.326-ssec.2) Subject to part 8, division 4, for 1 year starting on the commencement day, the race club is taken to be a wagering agent of the initial operator and the agency relationship between the club and operator is taken to be an agency agreement.\n(sec.326-ssec.3) However, the race club may terminate the agency by written notice given to the initial operator.\n(sec.326-ssec.4) Within 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent under this section.\n- (a) a race club holds a totalisator licence under the existing Act; and\n- (b) a net pool of the race club is amalgamated under section 196 of the existing Act.","sortOrder":422},{"sectionNumber":"sec.327","sectionType":"section","heading":"Permit holders","content":"### sec.327 Permit holders\n\nThis section applies if, immediately before the commencement day—\na race club holds a totalisator licence under the existing Act; and\na net pool of the race club is not amalgamated under section 196 of the existing Act.\nSubject to part 4, division 5, the race club is taken to be a permit holder for 1 year starting on the commencement day.\nHowever, if within the period of 1 year the race club enters into an agency agreement with the initial operator, the club stops being a permit holder.\n(sec.327-ssec.1) This section applies if, immediately before the commencement day— a race club holds a totalisator licence under the existing Act; and a net pool of the race club is not amalgamated under section 196 of the existing Act.\n(sec.327-ssec.2) Subject to part 4, division 5, the race club is taken to be a permit holder for 1 year starting on the commencement day.\n(sec.327-ssec.3) However, if within the period of 1 year the race club enters into an agency agreement with the initial operator, the club stops being a permit holder.\n- (a) a race club holds a totalisator licence under the existing Act; and\n- (b) a net pool of the race club is not amalgamated under section 196 of the existing Act.","sortOrder":423},{"sectionNumber":"sec.328","sectionType":"section","heading":"Control system for permit holders","content":"### sec.328 Control system for permit holders\n\nThis section applies to a race club that is taken to be a permit holder under section 327.\nThe system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the race club for the conduct of wagering by totalisators is taken to be the club’s approved control system until the earlier of the following—\nthe end of 1 year starting on the commencement day;\nthe entering into of an agency agreement between the race club and initial operator.\n(sec.328-ssec.1) This section applies to a race club that is taken to be a permit holder under section 327.\n(sec.328-ssec.2) The system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the race club for the conduct of wagering by totalisators is taken to be the club’s approved control system until the earlier of the following— the end of 1 year starting on the commencement day; the entering into of an agency agreement between the race club and initial operator.\n- (a) the end of 1 year starting on the commencement day;\n- (b) the entering into of an agency agreement between the race club and initial operator.","sortOrder":424},{"sectionNumber":"sec.329","sectionType":"section","heading":"Continued operation of former rules and certain former regulations","content":"### sec.329 Continued operation of former rules and certain former regulations\n\nRules in force under section 193 of the existing Act immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules under this Act.\nThe Racing and Betting Regulation 1981 , sections 63 to 68 and part 7 as in force immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules validly made under this Act.\nIf a provision applying as a rule under subsection (1) is inconsistent with a provision applying as a rule under subsection (2), the latter provision prevails.\nSubsections (1) and (2) apply until the earlier of the following—\nthe end of 1 year starting on the commencement day;\nthe commencement of rules made under this Act superseding the rules mentioned in subsection (1) or the provisions mentioned in subsection (2).\nProvisions operating as rules under subsection (1) or (2) may be amended by rules under this Act.\nSubsections (1) and (2) apply despite the Racing Legislation Amendment Act 1998 .\n(sec.329-ssec.1) Rules in force under section 193 of the existing Act immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules under this Act.\n(sec.329-ssec.2) The Racing and Betting Regulation 1981 , sections 63 to 68 and part 7 as in force immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules validly made under this Act.\n(sec.329-ssec.3) If a provision applying as a rule under subsection (1) is inconsistent with a provision applying as a rule under subsection (2), the latter provision prevails.\n(sec.329-ssec.4) Subsections (1) and (2) apply until the earlier of the following— the end of 1 year starting on the commencement day; the commencement of rules made under this Act superseding the rules mentioned in subsection (1) or the provisions mentioned in subsection (2).\n(sec.329-ssec.5) Provisions operating as rules under subsection (1) or (2) may be amended by rules under this Act.\n(sec.329-ssec.6) Subsections (1) and (2) apply despite the Racing Legislation Amendment Act 1998 .\n- (a) the end of 1 year starting on the commencement day;\n- (b) the commencement of rules made under this Act superseding the rules mentioned in subsection (1) or the provisions mentioned in subsection (2).","sortOrder":425},{"sectionNumber":"pt.17-div.2","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2004","content":"## Transitional provisions for Gambling Legislation Amendment Act 2004","sortOrder":426},{"sectionNumber":"sec.330","sectionType":"section","heading":"Definitions for div 2","content":"### sec.330 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 9.\ns 330 prev s 330 exp 1 July 2000 (see ss 330(4), 319)\npres s 330 ins 2004 No. 21 s 121","sortOrder":427},{"sectionNumber":"sec.331","sectionType":"section","heading":null,"content":"### Section sec.331\n\ns 331 ins 2004 No. 21 s 121\nom 2009 No. 24 s 861","sortOrder":428},{"sectionNumber":"sec.332","sectionType":"section","heading":"Direction to rectify under pre-amended Act","content":"### sec.332 Direction to rectify under pre-amended Act\n\nThis section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if—\nthe chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and\nbefore the commencement—\nthe period for rectifying the matter under that Act has not ended; or\nthe period for rectifying the matter under that Act has ended and action has not been taken under section 129 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 9, had not commenced.\nSubsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if—\nthe chief executive gave the direction to the licensee without a show cause notice; and\nbefore the commencement—\nthe period for rectifying the matter under that Act has not ended; or\nthe period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\nA failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.\ns 332 ins 2004 No. 21 s 121\n(sec.332-ssec.1) This section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if— the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and before the commencement— the period for rectifying the matter under that Act has not ended; or the period for rectifying the matter under that Act has ended and action has not been taken under section 129 of that Act in relation to a failure to comply with the direction.\n(sec.332-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 9, had not commenced.\n(sec.332-ssec.3) Subsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if— the chief executive gave the direction to the licensee without a show cause notice; and before the commencement— the period for rectifying the matter under that Act has not ended; or the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\n(sec.332-ssec.4) A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.\n- (a) the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and\n- (b) before the commencement— (i) the period for rectifying the matter under that Act has not ended; or (ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 129 of that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 129 of that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 129 of that Act in relation to a failure to comply with the direction.\n- (a) the chief executive gave the direction to the licensee without a show cause notice; and\n- (b) before the commencement— (i) the period for rectifying the matter under that Act has not ended; or (ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.\n- (i) the period for rectifying the matter under that Act has not ended; or\n- (ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.","sortOrder":429},{"sectionNumber":"sec.333","sectionType":"section","heading":null,"content":"### Section sec.333\n\ns 333 ins 2004 No. 21 s 121\nom 2009 No. 24 s 862","sortOrder":430},{"sectionNumber":"sec.334","sectionType":"section","heading":"Continuation of obligation under pre-amended Act, s 215","content":"### sec.334 Continuation of obligation under pre-amended Act, s 215\n\nThis section applies to a general operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 215(2), allow a person to take part in approved wagering at a place at which the operator is entitled to carry on the operator’s operations.\nThe pre-amended Act, section 215(2), continues to apply to the operator as if the Gambling Legislation Amendment Act 2004 , part 9, had not commenced.\ns 334 ins 2004 No. 21 s 121\n(sec.334-ssec.1) This section applies to a general operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 215(2), allow a person to take part in approved wagering at a place at which the operator is entitled to carry on the operator’s operations.\n(sec.334-ssec.2) The pre-amended Act, section 215(2), continues to apply to the operator as if the Gambling Legislation Amendment Act 2004 , part 9, had not commenced.","sortOrder":431},{"sectionNumber":"sec.335","sectionType":"section","heading":"Transitional provision for race wagering licence","content":"### sec.335 Transitional provision for race wagering licence\n\nThis section applies to a race wagering licence that is in force immediately before the commencement.\nIn the race wagering licence—\na reference to a horse, trotting or greyhound race is taken to be a reference to thoroughbred, harness or greyhound racing; and\na reference to an event or contingency that is scheduled to be held at a race meeting at a racing venue is taken to be a reference to an event or contingency that may be lawfully held in Queensland or elsewhere.\ns 335 ins 2004 No. 21 s 121\n(sec.335-ssec.1) This section applies to a race wagering licence that is in force immediately before the commencement.\n(sec.335-ssec.2) In the race wagering licence— a reference to a horse, trotting or greyhound race is taken to be a reference to thoroughbred, harness or greyhound racing; and a reference to an event or contingency that is scheduled to be held at a race meeting at a racing venue is taken to be a reference to an event or contingency that may be lawfully held in Queensland or elsewhere.\n- (a) a reference to a horse, trotting or greyhound race is taken to be a reference to thoroughbred, harness or greyhound racing; and\n- (b) a reference to an event or contingency that is scheduled to be held at a race meeting at a racing venue is taken to be a reference to an event or contingency that may be lawfully held in Queensland or elsewhere.","sortOrder":432},{"sectionNumber":"pt.17-div.3","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2005","content":"## Transitional provisions for Gambling Legislation Amendment Act 2005","sortOrder":433},{"sectionNumber":"sec.336","sectionType":"section","heading":"Definitions for div 3","content":"### sec.336 Definitions for div 3\n\nIn this division—\ncommencement means the day the provision in which the term is used commences.\npost-amended Act means this Act as in force immediately after the commencement.\ns 336 ins 2005 No. 12 s 86","sortOrder":434},{"sectionNumber":"sec.337","sectionType":"section","heading":"Inspectors","content":"### sec.337 Inspectors\n\nA person who was an inspector immediately before the commencement is taken to be an inspector appointed under the post-amended Act, section 229.\ns 337 ins 2005 No. 12 s 86","sortOrder":435},{"sectionNumber":"sec.338","sectionType":"section","heading":"Audit program for inspectors","content":"### sec.338 Audit program for inspectors\n\nThe audit program that, immediately before the commencement, was the audit program approved by the Minister under section 231(1) of this Act as in force before the commencement is taken to be the approved audit program under the post-amended Act, section 236.\ns 338 ins 2005 No. 12 s 86","sortOrder":436},{"sectionNumber":"pt.17-div.4","sectionType":"division","heading":null,"content":"","sortOrder":437},{"sectionNumber":"sec.339","sectionType":"section","heading":null,"content":"### Section sec.339\n\ns 339 ins 2010 No. 22 s 32\nom 2013 No. 39 s 109 sch 2","sortOrder":438},{"sectionNumber":"pt.17-div.5","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":439},{"sectionNumber":"sec.340","sectionType":"section","heading":"Continuation of offence under s 173","content":"### sec.340 Continuation of offence under s 173\n\nThis section applies if a person is alleged to have committed an offence against section 173, 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 340 ins 2013 No. 25 s 186\n(sec.340-ssec.1) This section applies if a person is alleged to have committed an offence against section 173, as in force immediately before the commencement of this section.\n(sec.340-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":440},{"sectionNumber":"pt.17-div.6","sectionType":"division","heading":"Transitional provision for Appropriation Act (No. 2) 2014","content":"## Transitional provision for Appropriation Act (No. 2) 2014","sortOrder":441},{"sectionNumber":"sec.340A","sectionType":"section","heading":"Application of particular provisions","content":"### sec.340A Application of particular provisions\n\nThe amendments of sections 4, 16, 17, 22, 341 and schedule 2 made by the Appropriation Act (No. 2) 2014 are, for the purposes of a wagering licence, taken to have had effect from 1 July 2014.\ns 340A ins 2014 No. 53 s 9","sortOrder":442},{"sectionNumber":"pt.17-div.7","sectionType":"division","heading":"Transitional provisions for Betting Tax Act 2018","content":"## Transitional provisions for Betting Tax Act 2018","sortOrder":443},{"sectionNumber":"sec.340B","sectionType":"section","heading":"Definition for division","content":"### sec.340B Definition for division\n\nIn this division—\nformer , for a provision of this Act, means as in force from time to time before the commencement.\ns 340B ins 2018 No. 13 s 88","sortOrder":444},{"sectionNumber":"sec.340C","sectionType":"section","heading":"Continued application of Act","content":"### sec.340C Continued application of Act\n\nThis Act as in force from time to time before the commencement continues to apply in relation to a pre-commencement liability as if the Betting Tax Act 2018 , part 9, division 5 had not commenced.\nWithout limiting subsection (1)—\nformer section 166 continues to apply after the commencement in relation to the payment of a pre-commencement liability; and\nformer section 167 continues to apply after the commencement for calculating a pre-commencement liability.\nDespite subsection (1), section 172 as in force immediately before the commencement continues to apply after the commencement in relation to—\nthe evasion, after the commencement, of the payment of an amount payable as wagering tax under former section 166, whether the amount—\nwas payable before the commencement; or\nis payable after the commencement under this section; and\na return given after the commencement under former section 167 as continued in effect under this section.\nIn this section—\npre-commencement liability means a liability under former section 165 for any month before the commencement.\nwagering tax means wagering tax within the meaning of this Act as in force from time to time before the commencement.\ns 340C ins 2018 No. 13 s 88\n(sec.340C-ssec.1) This Act as in force from time to time before the commencement continues to apply in relation to a pre-commencement liability as if the Betting Tax Act 2018 , part 9, division 5 had not commenced.\n(sec.340C-ssec.2) Without limiting subsection (1)— former section 166 continues to apply after the commencement in relation to the payment of a pre-commencement liability; and former section 167 continues to apply after the commencement for calculating a pre-commencement liability.\n(sec.340C-ssec.3) Despite subsection (1), section 172 as in force immediately before the commencement continues to apply after the commencement in relation to— the evasion, after the commencement, of the payment of an amount payable as wagering tax under former section 166, whether the amount— was payable before the commencement; or is payable after the commencement under this section; and a return given after the commencement under former section 167 as continued in effect under this section.\n(sec.340C-ssec.4) In this section— pre-commencement liability means a liability under former section 165 for any month before the commencement. wagering tax means wagering tax within the meaning of this Act as in force from time to time before the commencement.\n- (a) former section 166 continues to apply after the commencement in relation to the payment of a pre-commencement liability; and\n- (b) former section 167 continues to apply after the commencement for calculating a pre-commencement liability.\n- (a) the evasion, after the commencement, of the payment of an amount payable as wagering tax under former section 166, whether the amount— (i) was payable before the commencement; or (ii) is payable after the commencement under this section; and\n- (i) was payable before the commencement; or\n- (ii) is payable after the commencement under this section; and\n- (b) a return given after the commencement under former section 167 as continued in effect under this section.\n- (i) was payable before the commencement; or\n- (ii) is payable after the commencement under this section; and","sortOrder":445},{"sectionNumber":"sec.340D","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.340D Proceedings for particular offences\n\nThis section applies if a person is alleged to have committed—\nan offence against former section 172(1) before the commencement; or\nan offence against section 172(1), as in force immediately before the commencement, after the commencement.\nSee section 340C(3) for the continued application of section 172 as in force immediately before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be punished for the offence, as if the Betting Tax Act 2018 , part 9, division 5 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\ns 340D ins 2018 No. 13 s 88\n(sec.340D-ssec.1) This section applies if a person is alleged to have committed— an offence against former section 172(1) before the commencement; or an offence against section 172(1), as in force immediately before the commencement, after the commencement. See section 340C(3) for the continued application of section 172 as in force immediately before the commencement.\n(sec.340D-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be punished for the offence, as if the Betting Tax Act 2018 , part 9, division 5 had not commenced.\n(sec.340D-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n- (a) an offence against former section 172(1) before the commencement; or\n- (b) an offence against section 172(1), as in force immediately before the commencement, after the commencement. Note— See section 340C(3) for the continued application of section 172 as in force immediately before the commencement.","sortOrder":446},{"sectionNumber":"sec.340E","sectionType":"section","heading":"Application of s 289 in relation to offences against particular provisions","content":"### sec.340E Application of s 289 in relation to offences against particular provisions\n\nSection 289, as amended by the Betting Tax Act 2018 , applies as if a reference in that section to an offence against section 172 included a reference to—\nan offence against former section 172(1); and\nan offence against section 172(1) as in force immediately before the commencement and as continued in effect under section 340C(3).\ns 340E ins 2018 No. 13 s 88\n- (a) an offence against former section 172(1); and\n- (b) an offence against section 172(1) as in force immediately before the commencement and as continued in effect under section 340C(3).","sortOrder":447},{"sectionNumber":"pt.17-div.8","sectionType":"division","heading":"Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","content":"## Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","sortOrder":448},{"sectionNumber":"sec.340F","sectionType":"section","heading":"Interactive wagering accounts established before commencement","content":"### sec.340F Interactive wagering accounts established before commencement\n\nSections 228B, 228C and 228E apply in relation to an interactive wagering customer whether the customer’s interactive wagering account, however called, was established before or after the commencement.\ns 340F ins 2021 No. 7 s 69","sortOrder":449},{"sectionNumber":"pt.18","sectionType":"part","heading":"Validating provision for Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013","content":"# Validating provision for Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013","sortOrder":450},{"sectionNumber":"sec.341","sectionType":"section","heading":"Validation of extension of sports wagering licence","content":"### sec.341 Validation of extension of sports wagering licence\n\nThis section applies to the extension, before the commencement of this section, of the term of the sports wagering licence held by TattsBett.\nThe extension of the term of the licence is taken to have been validly granted as if—\nsection 29A had been in force at the time of the granting of the extension; and\nthe extension had been granted under that section.\ns 341 ins 2013 No. 62 s 66\namd 2014 No. 53 s 10\n(sec.341-ssec.1) This section applies to the extension, before the commencement of this section, of the term of the sports wagering licence held by TattsBett.\n(sec.341-ssec.2) The extension of the term of the licence is taken to have been validly granted as if— section 29A had been in force at the time of the granting of the extension; and the extension had been granted under that section.\n- (a) section 29A had been in force at the time of the granting of the extension; and\n- (b) the extension had been granted under that section.","sortOrder":451},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Decisions of Governor in Council","content":"# Decisions of Governor in Council","sortOrder":452},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Decisions of Minister","content":"# Decisions of Minister","sortOrder":453}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":581},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1998 scope. Major expansions include: the 30-year exclusivity period for UBET (2014 amendments), the addition of sports wagering and simulated events (2022 amendments), extensive gambling harm minimisation provisions including self-exclusion and mandatory counselling (2004 and 2024 amendments), and the detailed wagering manager and key person licensing frameworks. The Act now regulates not just the betting itself but an entire ecosystem of management agreements, agency relationships, equipment approvals, and player protection measures that go well beyond the original wagering authorisation scheme."},"complexity_factors":["Multiple overlapping licensing regimes (wagering licences, oncourse permits, key person licences, wagering manager approvals)","Extensive cross-referencing between Parts and Divisions (e.g., suitability criteria referenced across multiple sections)","Nested conditional logic in exclusivity provisions (30-year period with early termination triggers)","Multiple approval pathways with different decision-makers (Minister, Governor in Council, chief executive)","Complex show cause and review procedures with multiple stages and alternative outcomes","Defined terms scattered across sections and a Schedule 2 dictionary","Substantial amendments history (multiple amending Acts referenced) creating layered temporal provisions","Parallel regulatory structures for wagering managers, agents, and key employees with similar but distinct requirements"],"plain_english_summary":"This Queensland legislation regulates all legal betting (wagering) in the state. It creates a licensing system where only approved operators can run betting services, with two main types: **race wagering licences** (for horse, harness and greyhound racing) and **sports wagering licences** (for sporting events and other approved events). The Act establishes a 30-year exclusivity period from 2014 where only UBET (now Tabcorp) and its subsidiaries could hold these licences.\n\nThe law covers:\n- **Who can operate**: Licences are granted by the Minister after strict suitability checks on the company and its key people, including criminal history checks\n- **How betting works**: Defines totalisators (pool betting) and fixed-odds betting, and requires approved equipment and control systems\n- **Management structures**: Allows wagering managers to run operations under a licence, and wagering agents (like clubs) to act on behalf of licence holders\n- **Player protection**: Includes self-exclusion and operator-initiated exclusion schemes for people experiencing gambling harm, with mandatory counselling referrals\n- **Compliance and enforcement**: Extensive powers for the chief executive and Minister to investigate, suspend, cancel licences, and direct termination of management agreements\n- **Financial oversight**: Requires audited accounts, sets rules on commissions and dividends, and prohibits extending credit for gambling\n\nThe Act aims to balance allowing wagering with protecting players and ensuring integrity, while generating revenue for the state."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has evolved beyond a narrow licensing and control framework into a comprehensive regulatory architecture. Additions over time (visible in later sections and amendments) include: explicit long exclusivity periods with applicant restrictions (secs 4,16–17,22); expanded probity checks and key‑person licensing with post‑employment constraints (secs 95–137); new consumer protection and harm‑minimisation measures including self‑exclusion and operator exclusion powers (secs 216A–216J) and regulation‑level harm minimisation (sec 228F); direct marketing and inducement restrictions for interactive accounts (secs 228B–228E); and an expanded investigatory and enforcement toolkit with wide inspector powers and limited judicial review (secs 229–271; 94). These changes broadened the statute from regulating wagering operations and totalisators to also governing commercial relationships, marketing practices, player safety mechanisms and tightly executive‑controlled licensing outcomes."},"complexity_factors":["Very large statute: 300+ sections with many Parts and Divisions (wide substantive coverage).","Multiple classes of regulated persons (licensees, managers, agents, permit holders, key person licensees, key operators) with separate eligibility, approval and review rules (Parts 4–8, 7).","Extensive defined terms and external cross‑references (Racing Act, Corporations Act, Criminal Code, QCAT Act, Betting Tax Act, other legislation) increasing interpretive dependencies.","High degree of administrative discretion held by multiple decision‑makers (Minister, Governor in Council, chief executive, inspectors) with nested show‑cause, review and appeal pathways (secs 13–15; 31; 44–51; 94).","Many conditional and time‑sensitive procedures (21‑day show cause periods, 7‑day returns, 28‑day decision windows, 3‑month surrender notice, etc.) throughout the Act.","Numerous overlapping enforcement tools (criminal offences, administrative penalties, suspension/cancellation, forfeiture, inspector powers to seize and require information) with different evidentiary and procedural rules (secs 217–221; 229–271; 249–266).","Complex financial regime: commission caps, dividend rounding rules, multiple fee types and late‑payment penalties (secs 163–164, 168–171).","Rules governing commercial agreements and ancillary arrangements with ministerial oversight and power to terminate or require renegotiation (secs 190–197, 193–197, 194–197).","Layered transitional provisions and historical amendments (multiple Divisions in Part 17) that alter application timing and grandfather existing arrangements, increasing parsing difficulty for particular cases."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates a licensing and permit system for wagering (betting) operators: separate licences for race wagering and sports wagering, and oncourse wagering permits for clubs (secs 6–7, 18).\n- Grants detailed powers to the Minister and the chief executive to decide, condition, change, suspend or cancel licences, permits and approvals (secs 21, 27, 31, 43–52, 26, 31, 51, 52). Many decisions may be made subject to show‑cause procedures and, for serious matters, referral to the Governor in Council (secs 44–51).\n- Establishes suitability and probity checks for applicants, licensees, managers, agents, key employees and key operators, including financial and criminal‑history inquiries (secs 13–15, 24–25, 62–64, 69–70, 102–108, 106–107, 113, 119, 122).\n- Authorises inspections, seizure and enforcement powers (appointment of inspectors, entry powers, seizure, production requirements and penalties) to enforce compliance (secs 229–237; 238–271; 246–267; 249–266).\n- Requires operators to have written control systems, to keep records and accounts, submit audited financial statements, and to use approved wagering equipment (secs 173–175; 178–186; 181–189; 207–209; 208–208A).\n- Regulates commercial arrangements related to wagering (ancillary and related agreements), requiring ministerial approval or allowing ministerial review and termination where integrity or public‑interest concerns exist (secs 190–197, 193–197, 194–197).\n- Sets financial rules: limits on commission from totalisators, dividend rules, licence fees and administration fees, penalties for late payment and recovery as state debt (secs 163–164, 168–171, 170–171, 172).\n- Provides consumer‑protection and harm‑minimisation measures, including self‑exclusion, operator exclusion directions, counselling orders in court, restrictions on inducements and direct marketing to interactive customers, and regulation‑level harm‑minimisation measures (secs 216A–216M; 216D–216J; 228B–228E; 228F).\n- Creates offences and civil/regulatory penalties for cheating, forgery, bribery, unauthorised totalisators and other misconduct, and allows forfeiture and other sanctions (secs 11A, 217–221, 272–273).\n- Limits judicial review of many Ministerial and Governor in Council decisions in relation to wagering (sec 94).\n\nWho it affects\n\n- Corporations and persons who operate wagering (race and sports) — they must be licensed and meet suitability, control and reporting requirements (secs 6–7, 16–17, 22, 29–30).\n- Wagering managers, wagering agents and totalisator suppliers — appointments, agreements and amendments need Minister or chief executive approval and can be revoked or directed to be terminated for integrity or public‑interest reasons (pts 5, 8; secs 65–74; 140–160).\n- Key employees and key operators (senior staff or controlling persons) — must hold key person licences, be suitable, and are subject to suspension, cancellation and post‑employment restrictions (secs 95–137).\n- Licensed clubs, permit holders and oncourse operators — special permit rules and transitional arrangements apply (secs 5, 18, pt 17).\n- Bettors and the public — rules on claim windows for winning bets, self‑exclusion, and restrictions on advertising and direct marketing apply to their interactions with operators (secs 213–214; 216A–216J; 210; 228D).\n- Officials, inspectors and the State — inspectors get broad powers to investigate and seize; the State collects fees and may receive forfeited property (secs 229–271; 171; 273).\n\nWhy it matters (stated purposes, then practical trade offs)\n\n- The Act’s stated object (sec 2A) is to allow wagering but to ensure, on balance, the State and community benefit through integrity, probity and minimising harm. That is implemented by licensing, suitability checks, controls and enforcement powers. Those mechanisms concentrate regulatory decision‑making in the Minister and the chief executive (secs 13–15; 31; 175; 208).\n\n- Costs and compliance burden: licence holders, managers, agents and key persons must meet detailed suitability checks, control‑system, accounting and audit obligations, and face criminal and administrative penalties for failures (secs 13–15; 173–189; 187–189; various penalty clauses). The State recovers costs via licence fees and administration fees (secs 168–168A; 170–171). Those requirements increase operating costs and record‑keeping for operators and their suppliers (secs 181–187).\n\n- Discretion and concentrated decision power: the Minister and chief executive hold wide discretionary powers to approve, refuse, alter or withdraw licences, impose conditions, approve management and agency agreements, and order termination of commercial arrangements (secs 22, 27, 31, 72–75, 74, 159–160, 193–197). Many decisions are final and protected from ordinary judicial review (sec 94), increasing administrative finality but narrowing avenues for legal challenge.\n\n- Market effects and exclusivity: the Act implements an explicit exclusivity period for race and sports wagering (sec 4) that restricts who may apply for licences during that period (secs 16–17, 22). That framework can create a long‑term exclusive market position for the named initial licensee during the exclusivity period (see sec 4 and sec 22).\n\n- Integrity enforcement and investigatory reach: inspectors are authorised to enter premises, seize evidence, require documents, compel attendance and obtain financial records (secs 238–266, 268–269). These powers enable investigation of corruption, fraud and operational risks but create legal and operational obligations on banks, employees and third parties (sec 268; sec 269).\n\n- Harm‑minimisation and customer protections: the Act adds behavioural‑intervention tools (self‑exclusion, operator exclusion directions, counselling in sentencing) and regulates inducements and direct marketing to interactive customers (secs 216A–216J; 228B–228E; 228F). Those rules shift responsibilities and some costs onto operators (implementation, customer identification, technical measures) and restrict promotional tactics (secs 228B–228D).\n\n- Implementation risk and administrative cost: the regulatory scheme depends on active administration (approvals, audits, enforcement), specialist inspectors and approved evaluators (secs 208, 208A, 236), and therefore imposes ongoing public‑sector resourcing and creates compliance costs for industry.\n\nConcrete who‑decides / who‑pays statements\n\n- The Minister decides licensing policy, approves major agreements and may change licence conditions (secs 21, 22, 31, 193, 197). The Governor in Council makes final decisions on serious suspensions or cancellations after notice (secs 50–51).\n- The chief executive runs investigations, approves control systems and equipment, issues key‑person licences, and delegates many regulatory actions (secs 24, 175, 208, 102–110, 309).\n- Licensed operators pay licence fees and administration fees (secs 168–168A) and must meet auditing and record‑keeping costs (secs 181–189).\n- Inspectors and the chief executive may require third parties (including financial institutions) to produce information; banks are protected from civil liability for complying (secs 268–269).\n\nEnforcement and remedies\n\n- Criminal penalties, administrative fines and licence suspension/cancellation apply for offences and breaches (various penalty clauses throughout). Forfeiture and destruction of seized items are available (secs 255, 272–273).\n- Ministerial and chief executive directions can terminate commercial agreements and agency or management arrangements; courts are protected from reviewing many administrative decisions (secs 94, 197, 159–160).\n\nSelect notable provisions and references (mechanism → section):\n\n- Exclusivity period (race and sports licences): sec 4; applicant restrictions: secs 16–17; grant conditions: sec 22.\n- Prohibition and control of unapproved totalisators: sec 11A and definition sec 8.\n- Minister’s power to change licence conditions and require return of licences: secs 31–32.\n- Non‑justiciability of many ministerial/Governor in Council decisions: sec 94.\n- Key person licensing and post‑employment limits: secs 95–137.\n- Operator control systems, records and audits: secs 173–175; 178–189.\n- Inspections, warrants, seizure and related procedural protections: secs 238–246; 242–245; 249–257.\n- Harm‑minimisation and self‑exclusion provisions: secs 216A–216M; exclusion directions and reviews: secs 216D–216G.\n- Restrictions on inducements and direct marketing to interactive customers: secs 228B–228E.\n\nBottom line (mechanical effect): the Act creates a comprehensive, licence‑based regulatory regime for wagering that centralises approval and enforcement powers in the Minister and chief executive, requires robust internal controls and reporting from operators, gives broad investigative powers to inspectors, and introduces consumer‑facing harm‑minimisation and marketing rules. The practical trade‑offs are higher compliance and administrative costs for operators, strong regulatory discretion and finality in decision‑making, and a detailed enforcement architecture designed to protect integrity and to support public‑interest interventions (see secs 2A, 31, 94, 173–175, 216A–216M, 228F)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began in 1998 focused on totalisator-based wagering and race betting. Over time it expanded significantly to include fixed-odds sports wagering, simulated events, and non-sporting events (added via amendments). The 2014 amendments formalised a 30-year exclusivity arrangement specifically for UBET, representing a major shift from a general licensing framework to one that explicitly entrenches a single operator's market position. The 2022 amendments further expanded the sports wagering licence to cover additional event categories. The original scope was narrower — primarily regulating pool betting on Queensland racing — whereas the Act now governs a much broader wagering market."},"complexity_factors":["Multiple licence and permit types (race wagering licence, sports wagering licence, oncourse wagering permit) each with distinct rules and conditions","Long exclusivity period (30 years from 2014) creating a de facto monopoly with specific legal carve-outs, requiring understanding of how it interacts with competition principles","Layered regulatory decision-making involving the Minister, Governor in Council, and chief executive, with different powers at each level","Complex suitability assessment framework covering applicants, licence holders, business associates, and executive associates — all separately assessed","Detailed suspension and cancellation process with multiple procedural steps (show cause notices, representations, censure, direction to rectify) before action is taken","Technical definition of 'totalisator' including mathematical formula for minimum pool amounts and pool top-up calculations","Interaction with multiple other Acts (Racing Integrity Act 2016, Racing Act 2002, Corporations Act, gaming Acts) requiring cross-referencing","Numerous amendments over time (2000, 2002, 2004, 2013, 2014, 2016, 2018, 2022) creating interpretive complexity around transitional provisions","Distinction between fixed-odds wagering and totalisator wagering adds conceptual complexity for non-specialists"],"plain_english_summary":"Queensland’s Wagering Act 1998 is the state’s primary law allowing and regulating legal betting on horse, greyhound, harness racing and sports. It requires operators to hold government licences (historically granting TAB QLD long-term exclusivity), bans unlicensed pools, and subjects operators to vetting, audits and penalties.\n\nIt matters to bettors and businesses because it protects fairness, enforces payouts, limits unlawful betting and keeps operators accountable."}},"importantCases":[],"_links":{"self":"/api/acts/wagering-act-1998","history":"/api/acts/wagering-act-1998/history","analysis":"/api/acts/wagering-act-1998/analysis","conflicts":"/api/acts/wagering-act-1998/conflicts","importantCases":"/api/acts/wagering-act-1998/important-cases","documents":"/api/acts/wagering-act-1998/documents"}}