NORTHERN TERRITORY OF AUSTRALIA
GAMING CONTROL (INTERNET GAMING) REGULATIONS 1998
As in force at 14 April 2020
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
3 Financial institutions ........................................................................ 2
Part 2 Approval of computer systems
4 Approval of computer systems ........................................................ 3
5 Internet games must be conducted under approved computer
system ............................................................................................. 3
Part 3 Approval of control systems
6 Control system................................................................................. 4
7 Internet games must be conducted under approved control
system ............................................................................................. 5
8 Submission of control system to Director for approval..................... 5
9 Change of approved control system ................................................ 5
10 Consideration of and decisions about submissions ......................... 5
11 Direction to change approved control system .................................. 6
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
12 Key duties and functions ................................................................. 7
13 Person performing key duties to hold internet gaming key
employee licence ............................................................................. 7
14 Application for licence ...................................................................... 8
15 Investigation of applicant ................................................................. 9
16 Further information, &c., to be supplied ......................................... 10
17 Grant or refusal of licence.............................................................. 11
18 Grant of provisional or full licence.................................................. 13
19 Duration of provisional licence ....................................................... 13
20 Duration of full licence ................................................................... 14
21 Application for further licence ........................................................ 14
22 Person whose licence is cancelled must not apply for another
licence for 12 months .................................................................... 15
Gaming Control (Internet Gaming) Regulations 1998 ii
Division 2 General
23 Renewal of licence ........................................................................ 16
24 Variation of licence ........................................................................ 16
25 Loss, &c., of licence ....................................................................... 17
26 Surrender of licence ...................................................................... 18
27 When licence to be returned to Director ........................................ 18
28 False statements ........................................................................... 18
Division 3 Review of key licensees
29 When review must occur ............................................................... 19
30 Review may occur at any time ....................................................... 20
31 Notice of review to be given to internet gaming licensee ............... 20
32 Notice of review to be given to internet gaming key licensee ........ 20
33 Review procedure.......................................................................... 21
34 Determination of review ................................................................. 21
Part 5 Financial controls
Division 1 Accounts, financial statements and reports
35 Keeping of accounting records ...................................................... 22
36 Preparation of financial statements and accounts ......................... 22
37 Submission of reports .................................................................... 23
Division 2 Financial institution accounts
38 Keeping of accounts ...................................................................... 24
39 Use of accounts ............................................................................. 24
Division 3 Audit
40 Audit of internet gaming licensee's operations .............................. 24
41 Completion of audit........................................................................ 24
42 Further information following audit ................................................. 25
Part 6 Internet gaming records
43 Notices about keeping internet gaming records............................. 25
44 Internet gaming records to be kept at specified place ................... 26
45 Internet Gaming records to be kept for required period ................. 26
Part 7 Player protection
Division 1 Registration of players
46 Player registration .......................................................................... 27
47 Procedure for registration .............................................................. 27
Section 1 - GAMING CONTROL (INTERNET GAMING) REGULATIONS 1998 - GAMING CONTROL (INTERNET GAMING) REGULATIONS 1998 | Zoe
Gaming Control (Internet Gaming) Regulations 1998 iii
48 Certain players not to be registered............................................... 27
49 Persons cannot be registered if they have provided false
information ..................................................................................... 27
Division 2 Players' accounts
50 Players' accounts........................................................................... 28
51 Acceptance of wagers ................................................................... 29
52 No payments unless player's identity is verified ............................ 29
53 Funds in players' accounts to be remitted on demand................... 29
54 Access to players' accounts by internet gaming licensees ............ 30
55 Inactive players' accounts.............................................................. 30
Division 3 Financial protections
56 Internet gaming licensee not to act as credit provider ................... 30
57 Limitation on amount wagered....................................................... 31
58 Voluntary de-registration as player ................................................ 31
Division 4 Protection of minors
59 Prohibition of minor's participation in conduct of games ................ 32
60 Participation by minors as players prohibited ................................ 32
61 Software limiting minor's access to be made available .................. 34
Part 8 Conclusion of games
Division 1 Prizes
62 Payment or collection of prizes ...................................................... 34
63 Claims for prize .............................................................................. 34
64 Entitlement to prize lapses if not claimed within 5 years ................ 35
Division 2 Aborted games
65 Aborted games .............................................................................. 35
66 Miscarriage of game ...................................................................... 36
67 Power to withhold prize in certain cases ........................................ 37
Part 9 Miscellaneous
68 Player to be bound by rules of game ............................................. 37
69 Interference with proper conduct of internet games....................... 38
70 Internet gaming licensee not to publish identity of player in
certain cases ................................................................................. 38
71 Fee for application ......................................................................... 38
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 14 April 2020
GAMING CONTROL (INTERNET GAMING) REGULATIONS 1998
Regulations under the Gaming Control Act 1993
Part 1 Preliminary
1 Citation
These Regulations may be cited as the Gaming Control (Internet
Gaming) Regulations 1998.
2 Definitions
In these Regulations, unless the contrary intention appears:
approved computer system means a computer system, approved
under regulation 4, for internet gaming and includes a computer
system changed in accordance with an approval under regulation 4
or a direction of the Director under regulation 11.
approved control system means a control system approved under
regulation 10.
computer system means a combination of computer hardware and
computer software used or intended to be used by an internet
gaming licensee for the conduct of, or ancillary to the conduct of,
internet games.
control system has the meaning it has in regulation 6.
financial institution means:
(a) an ADI;
(b) a friendly society; or
(c) an entity prescribed under regulation 3.
full internet gaming key employee licence means an internet
gaming key employee licence that is not a provisional internet
gaming key employee licence.
Part 1 Preliminary
Gaming Control (Internet Gaming) Regulations 1998 2
gaming record, in relation to an internet gaming licensee, means a
record kept in any form or medium, electronic or otherwise, about
the operations conducted by the licensee under his or her licence.
internet game means a game conducted by means of the internet
but does not include a game conducted by means of the internet in
accordance with the Act by an approved association.
internet gaming key employee licence means:
(a) a provisional internet gaming key employee licence; or
(b) a full internet gaming key employee licence.
internet gaming key licensee means a person to whom an
internet gaming key employee licence is granted.
internet gaming licence means a licence granted under Division 5
of Part 4 of the Act.
internet gaming licensee means a person to whom an internet
gaming licence has been granted or assigned.
key duties has the meaning it has under regulation 12.
player means a natural person who participates in an internet
game.
player's account has the meaning it has in regulation 50.
provisional internet gaming key employee licence means an
internet gaming key employee licence that is granted for a period,
specified on the licence, of not more than 12 months.
registered player, in relation to an internet gaming licensee,
means a person registered with the licensee as a player under
regulation 47(1).
3 Financial institutions
The Director may, by notice in the Gazette, prescribe an entity to be
a financial institution for the purposes of these Regulations.
Part 2 Approval of computer systems
Gaming Control (Internet Gaming) Regulations 1998 3
Part 2 Approval of computer systems
4 Approval of computer systems
(1) An internet gaming licensee may apply to the Director:
(a) for approval of the computer system the licensee proposes to
use to conduct internet games; or
(b) for approval to change the licensee's approved computer
system.
(2) The Director must:
(a) consider the application;
(b) evaluate the system or proposed change as soon as
practicable if the Director believes it is necessary to do so to
decide the application; and
(c) after considering the application and, if necessary, the
evaluation of the system or proposed change – approve or
refuse to approve the computer system or change.
(3) Before evaluating the computer system or proposed change, the
Director may require the internet gaming licensee to pay to the
Director the reasonable costs of the Director of evaluating the
computer system or proposed change.
(4) The Director must promptly give the internet gaming licensee
written notice of the Director's decision.
(5) If the Director decides to refuse to give an approval, the notice
under subregulation (4) must state the reasons for the decision.
5 Internet games must be conducted under approved computer
system
(1) An internet gaming licensee must not conduct an internet game
except under the licensee's approved computer system.
Maximum penalty: 15 penalty units.
(2) An internet gaming licensee must not change, or authorise a
change to, the licensee's approved computer system unless the
change is approved by the Director in writing under regulation 10
or 11.
Maximum penalty: 15 penalty units.
Part 3 Approval of control systems
Gaming Control (Internet Gaming) Regulations 1998 4
Part 3 Approval of control systems
6 Control system
(1) A control system is a system of controls containing all the rules,
terms and conditions and other matters displayed to a player and all
internal controls, whether computerised or otherwise, for the proper
conduct of internet games.
(2) Without limiting subregulation (1), a control system includes:
(a) the accounting systems, financial procedures and chart of
accounts, the administrative systems and procedures, the
computer software and hardware and the standard forms and
terms used to conduct internet games;
(b) the procedures including, if appropriate, formulas for or with
respect to the hold percentages and their calculation and
verification to be followed in conducting internet games;
(c) the procedures and standards for maintaining the integrity of
all data and equipment used in conducting internet games;
(d) the procedures for recording and paying prizes won in internet
games and maintaining and using players' accounts including
the procedures for paying in and out of any account, foreign
currency dealings and the recording of all transactions relating
to gaming operations;
(e) the structure of the organisation to which it relates including:
(i) the management structure and description of positions
within the management structure and the responsibilities
and functions of those positions;
(ii) the employee structure and description of positions
within the employee structure and the responsibilities
and functions of those positions;
(iii) the chain of authority that shows the diversity of
responsibility among employees engaged in all
operations of the internet gaming business including
primary and secondary supervisory positions; and
(iv) if the organisation uses an agent – the terms and
conditions of the agency agreement including to whom
the agent is to report or to whom the agent is
accountable within the organisation; and
Part 3 Approval of control systems
Gaming Control (Internet Gaming) Regulations 1998 5
(f) all measures for securing all data and equipment and the
premises where they are to be located or stored (as
applicable).
7 Internet games must be conducted under approved control
system
An internet gaming licensee must not conduct an internet game
except under the internet gaming licensee's approved control
system.
Maximum penalty: 15 penalty units.
8 Submission of control system to Director for approval
(1) An internet gaming licensee may make a submission to the Director
for approval of the internet gaming licensee's proposed control
system.
(2) A submission under subregulation (1) must describe and explain
the internet gaming licensee's proposed control system.
9 Change of approved control system
(1) An internet gaming licensee may change his or her approved
control system only:
(a) with the approval of the Director under regulation 10; or
(b) in accordance with a direction of the Director under
regulation 11.
(2) An internet gaming licensee may make a submission to the Director
for approval to change the internet gaming licensee's approved
control system in the way specified in the submission.
10 Consideration of and decisions about submissions
(1) The Director must consider a submission received under
regulation 8 or 9 and approve or refuse to approve the internet
gaming licensee's proposed control system or the proposed change
to the licensee's approved control system.
(2) In considering the submission, the Director may, by written notice to
the internet gaming licensee, require him or her:
(a) to give the Director further information about the submission
that is necessary and reasonable to help the Director make a
decision about the submission; or
Part 3 Approval of control systems
Gaming Control (Internet Gaming) Regulations 1998 6
(b) to allow the Director to submit to tests the proposed control
system or the approved control system as proposed to be
changed.
(3) In considering whether to give an approval, the Director must have
regard to:
(a) whether the submission satisfies the requirements under this
Part for the submission; and
(b) whether the internet gaming licensee's proposed control
system, or approved control system as proposed to be
changed, is capable of providing satisfactory and effective
control over the conduct of internet games.
(4) The Director may refuse to give an approval if the internet gaming
licensee fails to comply with a requirement under this regulation.
(5) The Director must promptly give the internet gaming licensee
written notice of the Director's decision to give an approval or to
refuse to give an approval.
(6) If the Director decides to refuse to give an approval, the notice is to
state the reasons for the decision.
(7) If the Director believes a submission can easily be rectified to
enable the Director to approve the internet gaming licensee's
proposed control system or the proposed change to the licensee's
approved control system, a notice under subregulation (6) is to
also:
(a) explain how the submission may be changed so as to enable
the Director to give an approval; and
(b) invite the internet gaming licensee to resubmit the submission
after making the appropriate changes.
11 Direction to change approved control system
(1) The Director may, by written notice to an internet gaming licensee,
direct the licensee to change the licensee's approved control
system within the time, and in the way, specified in the notice.
(2) If the internet gaming licensee's does not comply with the direction,
the approval of the internet gaming licensee control system under
regulation 10 is cancelled.
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 7
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
12 Key duties and functions
(1) For the purposes of these Regulations, a person performs key
duties in relation to an internet gaming licence if he or she:
(a) occupies or acts in a key position, or carries out key functions,
in relation to operations carried out under an internet gaming
licence or the business of the internet gaming licensee;
(b) is in a position to control or exercise significant influence over
the operations conducted under an internet gaming licence;
(c) occupies or acts in a position designated in the internet
gaming licensee's approved control system as a key position;
or
(d) occupies a position, or carries out a function, that is
designated as a key position or a key function by the Director
by notice in writing to the licensee under subregulation (2).
(2) The Director may, by notice to an internet gaming licensee,
designate a position, or a function, related to the conduct of an
internet gaming business to be a key position or a key function.
13 Person performing key duties to hold internet gaming key
employee licence
(1) The holder of an internet gaming licence must not allow a person to
perform key duties in relation to the licence unless the person holds
an internet gaming key employee licence authorising the person to
perform those duties.
Maximum penalty: 15 penalty units.
(2) A person must not:
(a) perform key duties in relation to an internet gaming licence
unless he or she holds an internet gaming key employee
licence permitting the performance of those duties; or
(b) perform key duties in relation to an internet gaming licence
except in accordance with his or her internet gaming key
employee licence.
Maximum penalty: 15 penalty units.
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 8
(3) Subregulations (1) and (2) do not apply to a person performing key
duties who is appointed by the Director under section 47P of the
Act to perform those duties.
14 Application for licence
(1) A person who:
(a) intends to perform key duties in relation to an internet gaming
licence; and
(b) has attained the age of 18 years,
may apply to the Director for an internet gaming key employee
licence.
(2) An application under subregulation (1) is to be in the approved form
and accompanied by:
(a) a certificate signed by or on behalf of an internet gaming
licensee stating that he or she:
(i) will engage the applicant, subject to the applicant being
granted the internet gaming key employee licence, to
perform key duties in relation to the internet gaming
licence; and
(ii) has carried out his or her own investigations and
inquiries into the probity of the applicant and that the
applicant is competent to perform the duties for which he
or she is to be employed;
(b) the documents required by the Director, by notice in writing, to
provide information supporting the applicant's eligibility for the
grant of the internet gaming key employee licence, verified by
a statutory declaration signed by the applicant;
(c) an extract of the applicant's birth certificate, passport, refugee
certificate or naturalisation certificate;
(d) if the applicant's name has changed since birth – a certified
copy of the document by which the name change occurred or
that otherwise provides evidence of the change;
(e) 3 recent passport size photographs of the applicant;
(f) a written statement signed by a member of the Police Force
verifying that the applicant has had his or her fingerprints and
palm prints taken;
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 9
(g) the written consents, authorities and indemnities necessary to
enable the Director to obtain:
(i) a criminal history report in respect of the applicant; and
(ii) information concerning the financial background of the
applicant; and
(h) an application fee of 285 revenue units.
(3) Subject to subregulation (5), if, before an internet gaming key
employee licence is granted or refused, there is a change in the
information supplied by an applicant in support of his or her
application for the licence, the applicant must give written
particulars of the change, verified by a statutory declaration signed
by the applicant.
Maximum penalty: 15 penalty units.
(4) The written particulars that are received under subregulation (3) are
to be considered to be part of the application.
(5) An applicant is not required to provide to the Director written
particulars of a change in the information supplied by him or her to
the Director in support of his or her application if the Director has
notified the applicant in writing that it is not necessary to do so.
(6) In determining for the purposes of subregulation (5) whether it is
necessary for an applicant to give particulars of a change in respect
of the information, the Director is to have regard to:
(a) the suitability of the applicant for the grant of the internet
gaming key employee licence; and
(b) the nature of the information concerned.
(7) The Director may waive compliance with any of the requirements of
subregulation (2).
15 Investigation of applicant
(1) Subject to these Regulations, if a person applies to the Director for
an internet gaming key employee licence, the Director must
investigate and inquire into the application and assess whether the
applicant:
(a) has attained the age of 18 years;
(b) is of good repute having regard to character, integrity, honesty
and responsibility;
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 10
(c) has an adequate command of the English language for the
purpose of performing the duties he or she proposes to
perform;
(d) has a sound and stable financial background;
(e) has, subject to the Criminal Records (Spent Convictions)
Act 1992, not been found guilty of:
(i) an offence involving dishonesty since he or she attained
the age of 18 years;
(ii) an offence against the Act; or
(iii) an offence that is punishable on conviction by a
maximum penalty of not less than 5 years imprisonment;
and
(f) is, by reason of his or her skills, qualifications, knowledge and
experience, competent to perform the duties he or she
proposes to perform.
(3) If the Director is of the opinion that an applicant has not supplied
information required to accompany his or her application under
regulation 14(2), the Director may request the applicant to provide
the information.
(4) The Director must not consider an application in relation to which a
request for information has been made under subregulation (3) until
he or she receives the information.
16 Further information, &c., to be supplied
(1) The Director may inquire into matters, additional to those specified
in regulation 15, that he or she considers relevant to the
determination of the application.
(2) The Director must give written notice to the applicant:
(a) specifying the other matters the Director is inquiring into and
the reasons for so doing; and
(b) requesting the applicant to furnish written consents and
authorities to enable the Director to inquire into the other
matters.
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 11
(3) The Director may, for the purpose of inquiring into those other
matters:
(a) request the applicant or another person who has an
association with the applicant to supply further information or
attend interviews; or
(b) make inquiries of his or her own, including inquiries in a State
or another Territory of the Commonwealth or in a place
outside Australia.
(4) If a person does not comply with a request of the Director under
subregulation (3), the Director may decide he or she has sufficient
grounds to refuse to grant the internet gaming key employee
licence.
(5) A civil or criminal action or proceeding does not lie against a person
requested by the Director to supply information for the purposes of
this regulation in respect of an act or thing done or omitted to be
done in good faith by the person for the purpose of supplying the
information.
17 Grant or refusal of licence
(1) The Director may grant an internet gaming key employee licence to
an applicant if the Director is satisfied under regulations 15 and 16
that the applicant:
(a) is eligible to be granted the licence; and
(b) is a fit and proper person to be granted an internet gaming key
employee licence to perform the duties he or she proposes to
perform under the licence.
(2) Despite regulations 15 and 16, the Director may, in his or her
absolute discretion, grant an internet gaming key employee licence
to an applicant on the grounds that the applicant holds a licence
that is:
(a) issued by a State or another Territory of the Commonwealth;
and
(b) in the opinion of the Director, equivalent to the internet gaming
key employee licence.
(3) An internet gaming key employee licence granted under
subregulation (1) or (2) is to be:
(a) a full internet gaming key employee licence; or
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 12
(b) a provisional internet gaming key employee licence.
(4) An internet gaming key employee licence granted under
subregulation (1) or (2) is subject to those terms and conditions, not
inconsistent with these Regulations, in relation to:
(a) the duties to be performed by the holder of the licence; and
(b) the manner in which the holder of the licence must perform
duties,
that the Director thinks fit and specifies on the licence.
(5) It is a condition of an internet gaming key employee licence that the
holder of the licence must comply with and not contravene:
(a) the Act or these Regulations;
(b) a lawful direction or order given to him or her by a gaming
inspector in respect of the carrying out of the holder of the
licence's duties in relation to the conduct of internet gaming; or
(c) a direction of the Director or a procedure or control specified in
the approved control system.
(6) The Director must notify the applicant as soon as practicable after
refusing to grant an internet gaming key employee licence to him or
her.
(7) A person who has been refused an internet gaming key employee
licence may, not later than 14 days after receiving notice of the
refusal, request the Director to supply his or her reasons for that
decision.
(8) The Director must, as soon as practicable after receiving a request
under subregulation (7) from a person, give to the person written
reasons for the Director's decision.
(9) Subject to these Regulations, an internet gaming key employee
licence granted under this regulation remains in force until:
(a) it expires;
(b) the holder of the licence no longer performs the duties to
which the licence relates;
(c) the holder of the licence surrenders the licence to the Director;
or
(d) the licence is cancelled under regulation 34(1)(g).
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 13
18 Grant of provisional or full licence
(1) Subject to these Regulations, if an applicant:
(a) has been found guilty of an offence involving dishonesty
committed before he or she attained the age of 18 years;
(b) has been found guilty of an offence involving the use,
manufacture or sale of drugs;
(c) is a person whose internet gaming key employee licence was
cancelled under regulation 34(1)(g); or
(d) is to be engaged by an internet gaming licensee to perform
duties for a period not exceeding 12 months,
the Director may only grant a provisional internet gaming key
employee licence to the person.
(2) If subregulation (1) does not apply in relation to an applicant for an
internet gaming key employee licence, the Director may only grant
a full internet gaming key employee licence to the person.
19 Duration of provisional licence
(1) A provisional internet gaming key employee licence:
(a) takes effect from the date on which it is granted; and
(b) subject to these Regulations, remains in force for the period,
of not more than 12 months, specified by the Director on the
licence.
(2) In determining the period to specify on a provisional internet gaming
key employee licence to which regulation 18(1)(a) or (b) relates, the
Director must have regard to:
(a) the nature of the offence committed;
(b) how recently the offence was committed;
(c) the severity of the penalty imposed in respect of the offence;
and
(d) any restitution made in respect of the offence.
(3) In determining the period to specify on a provisional internet gaming
key employee licence to which regulation 18(1)(c) relates, the
Director must have regard to the circumstances of, and the reasons
for, the cancellation of the licence.
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 14
(4) The expiry date of a provisional internet gaming key employee
licence to which regulation 18(1)(d) relates is to be the date of the
expiry of the period, not exceeding 12 months, for which the person
was engaged by an internet gaming licensee to perform duties.
20 Duration of full licence
(1) A full internet gaming key employee licence:
(a) takes effect from the date on which it is granted or renewed;
and
(b) subject to these Regulations, continues in force for 5 years on
and from that date.
(2) If an internet gaming key licensee makes an application for the
renewal of a full internet gaming key employee licence, the licence
continues in force, subject to these Regulations, until:
(a) the date on which the licence expires; or
(b) the application for renewal is determined,
whichever is the later.
21 Application for further licence
(1) A person granted an internet gaming key employee licence that is
no longer in force may apply under regulation 14 to the Director for
the grant of an internet gaming key employee licence.
(2) The holder of a provisional internet gaming key employee licence
may, not less than one month before the licence expires, apply
under regulation 14 to the Director for the grant of a full internet
gaming key employee licence.
(3) If a person applies for an internet gaming key employee licence
before 6 months after the expiry of his or her internet gaming key
employee licence, the Director may waive compliance with
regulation 14, to the extent he or she considers necessary having
regard to:
(a) the circumstances of the application; and
(b) the nature of the information to be supplied under
regulation 14.
Part 4 Licensing of key employees
Division 1 Grant of key employee licence
Gaming Control (Internet Gaming) Regulations 1998 15
(4) If the holder of a provisional internet gaming key employee licence
applies for the grant of a full internet gaming key employee licence,
the Director may:
(a) waive compliance with regulation 14(2)(a) to (g) (inclusive);
and
(b) waive the payment of the fee under regulation 14(2)(h) in
respect of the application,
if he or she thinks it is proper to do so because:
(c) the person applied for an internet gaming key employee
licence not more than 12 months before the application before
the Director was made; and
(d) in the Director's opinion, the person conducted himself or
herself properly while the provisional internet gaming key
employee licence was in force.
(5) The Director may grant a full internet gaming key employee licence
to the holder of a provisional internet gaming key employee licence
if the Director is of the opinion that the person is suitable in view of
the person's conduct while the provisional internet gaming key
employee licence was in force.
(6) Subregulation (5) has effect although the applicant is a person
referred to in regulation 18(1)(a), (b), (c) or (d).
22 Person whose licence is cancelled must not apply for another
licence for 12 months
(1) Subject to these Regulations, a person who held an internet gaming
key employee licence that was cancelled under regulation 34(1)(g)
must not apply for a further internet gaming key employee licence
until after 12 months after the date the previous internet gaming key
employee licence was cancelled.
Maximum penalty: 15 penalty units.
(2) Subject to these Regulations, a person whose application for an
internet gaming key employee licence was refused must not apply
for an internet gaming key employee licence until after 12 months
after the date the previous application was refused.
Maximum penalty: 15 penalty units.
Part 4 Licensing of key employees
Division 2 General
Gaming Control (Internet Gaming) Regulations 1998 16
Division 2 General
23 Renewal of licence
(1) A provisional internet gaming key employee licence is not
renewable.
(2) A licensed person who holds a full internet gaming key employee
licence may, not less than one month before the licence expires,
apply to the Director for the renewal of the licence.
(3) An application under subregulation (2) is to be in the approved
form, accompanied by:
(a) an application fee of 285 revenue units; and
(b) 3 recent passport size photographs of the applicant.
(4) The Director must consider an application for the renewal of a full
internet gaming key employee licence.
(5) The Director must renew a full internet gaming key employee
licence if he or she is satisfied that the applicant:
(a) has complied with the terms and conditions of the licence; and
(b) is not otherwise prevented from having his or her licence
renewed by a provision of these Regulations.
(6) A full internet gaming key employee licence that is renewed is
subject to:
(a) the same terms and conditions as applied to the original
licence; or
(b) if the terms and conditions are varied under regulation 24
or 34 – the same terms and conditions as applied to the
original licence as varied under that regulation.
24 Variation of licence
(1) An internet gaming key licensee may apply to the Director to vary:
(a) a term or condition of his or her internet gaming key employee
licence;
(b) the duties he or she performs under his or her internet gaming
key employee licence; or
Part 4 Licensing of key employees
Division 2 General
Gaming Control (Internet Gaming) Regulations 1998 17
(c) the classification (as a provisional internet gaming key
employee licence or a full internet gaming key employee
licence) of the internet gaming key employee licence he or she
holds.
(2) An application under subregulation (1) is to:
(a) set out the variation required and the reasons supporting the
variation;
(b) be in accordance with regulation 14 to the extent the Director
considers necessary having regard to the nature of the
variation and the information to be supplied in support of the
application; and
(c) be accompanied by a variation fee of 20 revenue units.
(3) The Director must consider an application made under
subregulation (1) as soon as practicable after receiving it.
(4) For the purpose of determining an application under
subregulation (1), regulations 15, 16 and 17 apply to the extent
necessary as if the application were an application for an internet
gaming key employee licence under regulation 14.
(5) If the Director decides to vary the internet gaming key employee
licence to which the application relates, he or she must:
(a) amend the internet gaming key employee licence; or
(b) issue a new internet gaming key employee licence,
as he or she considers appropriate.
25 Loss, &c., of licence
(1) If an internet gaming key employee licence is lost, destroyed or
damaged, the holder of the licence must apply to the Director for
the issue of a replacement licence.
Maximum penalty: 15 penalty units.
(2) An application under subregulation (1) is to be:
(a) in writing in an approved form;
(b) verified by a signed statutory declaration; and
(c) accompanied by a replacement licence fee of 20 revenue
units.
Part 4 Licensing of key employees
Division 2 General
Gaming Control (Internet Gaming) Regulations 1998 18
(3) If the Director is satisfied that an internet gaming key employee
licence has been lost, destroyed or damaged to such an extent that
replacement is necessary, he or she must issue a replacement
licence in the same form and on the same terms and conditions as
the licence it replaces.
26 Surrender of licence
(1) The holder of an internet gaming key employee licence may, at any
time, surrender the licence by returning it, together with the
approved form, to the Director.
(2) A licence ceases to have effect immediately after the licence and
the approved form are received by the Director under
subregulation (1).
27 When licence to be returned to Director
An internet gaming key licensee must deliver or send his or her
internet gaming key employee licence to the Director as soon as
practicable after:
(a) the licence is cancelled, suspended, varied or made subject to
conditions; and
(b) he or she has received notice from the Director requiring the
return of the licence.
Maximum penalty: 15 penalty units.
28 False statements
A person must not knowingly:
(a) make a false statement; or
(b) supply false information,
in relation to the grant, renewal, variation or replacement of an
internet gaming key employee licence or the conduct of a review
under Division 3.
Maximum penalty: 15 penalty units.
Part 4 Licensing of key employees
Division 3 Review of key licensees
Gaming Control (Internet Gaming) Regulations 1998 19
Division 3 Review of key licensees
29 When review must occur
(1) If it is brought to the attention of the Director that:
(a) an internet gaming key employee licence was obtained by
fraud or misrepresentation;
(b) an internet gaming key licensee has been found guilty of an
offence:
(i) against the Act or these Regulations;
(ii) involving dishonesty;
(iii) involving the use, manufacture or sale of drugs; or
(iv) punishable on conviction by a maximum penalty of not
less than 3 months imprisonment;
(c) an internet gaming key licensee has contravened a term or
condition of his or her licence, a direction of the Director or a
procedure or control specified in the approved control system;
(d) an internet gaming key licensee failed to provide information
that he or she is required to provide under these Regulations
or provided information knowing it to be false or misleading;
(e) an internet gaming key licensee has become bankrupt,
applied to take the benefit of a law relating to bankrupt or
insolvent debtors, has compounded with his or her creditors or
made an assignment of his or her remuneration for their
benefit; or
(f) the holder of an internet gaming key employee licence may
not be a fit and proper person to hold the licence,
the Director must as soon as practicable conduct a review to
investigate the matter.
(2) Despite subregulation (1) and regulation 34, the Director may
determine that, having regard to the minor nature of the matter
referred to in subregulation (1) that has been brought to his or her
attention:
(a) a review need not be commenced or continued in relation to
the matter; or
Part 4 Licensing of key employees
Division 3 Review of key licensees
Gaming Control (Internet Gaming) Regulations 1998 20
(b) the review is to be determined by reprimanding the holder of
the licence to which the matter relates.
30 Review may occur at any time
The Director may at any time conduct a review as to whether a
person who holds an internet gaming key employee licence is a
suitable person to hold the licence.
31 Notice of review to be given to internet gaming licensee
(1) Before commencing a review of an internet gaming key licensee,
the Director must give written notice of the review to the internet
gaming licensee in relation to whom the internet gaming key
licensee performs duties.
(2) A notice under subregulation (1) is to include:
(a) the reason for the review; and
(b) the time, date and place of the review.
(3) A notice under subregulation (1) may include a requirement that the
internet gaming licensee must ensure that the internet gaming key
licensee to whom the notice relates ceases to perform duties until
the determination of the review.
(4) An internet gaming licensee must comply with and not contravene a
requirement under subregulation (3) specified in a notice given to
him or her under subregulation (1).
Maximum penalty: 15 penalty units.
32 Notice of review to be given to internet gaming key licensee
(1) Before commencing a review in relation to an internet gaming key
licensee, the Director must give the licensee not less than 14 days
notice in writing of the reason for conducting the review.
(2) A notice under subregulation (1) is to specify:
(a) the time, date and place where the internet gaming key
licensee may attend to make submissions, either personally or
by a representative, to the Director; or
(b) the time and date before which, and the place at which, the
internet gaming key licensee may make written submissions to
the Director.
Part 4 Licensing of key employees
Division 3 Review of key licensees
Gaming Control (Internet Gaming) Regulations 1998 21
33 Review procedure
(1) Subject to this Division, the procedure of a review is as determined
by the Director.
(2) Despite subregulation (1), the Director:
(a) is not bound by the rules of evidence;
(b) must act without regard to technicalities and legal form;
(c) may inform himself or herself about a relevant matter in the
manner he or she thinks fit;
(d) may require the production of a relevant document, must
inspect a relevant document produced before him or her, may
retain the document for a reasonable period for the purposes
of the review and make copies of it;
(e) may require a person, other than the internet gaming key
licensee, who has an association with the subject of the
review to attend before him or her and to answer truthfully
questions put to that person; and
(f) may determine the review although the internet gaming key
licensee has failed to make submissions within the time
allowed, if the Director is satisfied that the licensee had
received notice to do so.
(3) A person must comply with and not contravene a requirement
under subregulation (2).
Maximum penalty: 15 penalty units.
(4) Despite subregulation (3), a person is not required to answer a
question if the answer might tend to incriminate the person.
34 Determination of review
(1) After conducting a review, the Director may take one or more of the
following actions that he or she thinks fit in the circumstances:
(a) dismiss the matter the subject of the review;
(b) reprimand the internet gaming key licensee;
(c) require the internet gaming key licensee to attend for
counselling or retraining;
(d) impose conditions on the internet gaming key licence;
Part 5 Financial controls
Division 1 Accounts, financial statements and reports
Gaming Control (Internet Gaming) Regulations 1998 22
(e) vary a term or condition of the internet gaming key employee
licence, the duties authorised to be performed under the
licence or the classification (as a provisional internet gaming
key employee licence or a full internet gaming key employee
licence) of the internet gaming key licensee's licence;
(f) suspend the internet gaming key licensee's licence for a
period of not more than 6 months;
(g) cancel the internet gaming key licensee's licence.
(2) A person must comply with and not contravene a requirement
under subregulation (1)(c).
Maximum penalty: 15 penalty units.
Part 5 Financial controls
Division 1 Accounts, financial statements and reports
35 Keeping of accounting records
An internet gaming licensee must:
(a) keep accounting records that correctly record and explain the
transactions in relation to, and the financial position of the
internet gaming licensee in respect of, operations conducted
under his or her internet gaming licence; and
(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.
Maximum penalty: 15 penalty units.
36 Preparation of financial statements and accounts
An internet gaming licensee must prepare financial statements and
accounts giving a true and fair view of the licensee's financial
operations conducted under the internet gaming licence, including
but not limited to:
(a) trading accounts, if applicable, for each financial year;
(b) profit and loss accounts for each financial year; and
Part 5 Financial controls
Division 1 Accounts, financial statements and reports
Gaming Control (Internet Gaming) Regulations 1998 23
(c) a balance sheet as at the end of each financial year.
37 Submission of reports
(1) The Director may, by written notice to an internet gaming licensee:
(a) require the licensee to give the Director a report about the
internet gaming licensee's operations under the internet
gaming licence; and
(b) specify a date by which the report is to be given to the
Director.
(2) The internet gaming licensee must give the report to the Director on
or before the date specified in the notice under subregulation (1).
Maximum penalty: 15 penalty units.
(3) A report is to be in the approved form.
(4) The Director may, by written notice to an internet gaming licensee,
require the licensee to give to the Director further information about
a report by the date specified in the notice, to enable the Director to
understand the internet gaming licensee's operations.
(5) An internet gaming licensee must comply with a requirement under
subregulation (4) by the date specified in the notice, unless the
internet gaming licensee has a reasonable excuse.
Maximum penalty: 15 penalty units.
(6) An internet gaming licensee must not give the Director a report
containing information, or further information about a report, if the
internet gaming licensee knows the information is false, misleading
or incomplete in a material particular.
Maximum penalty: 15 penalty units.
(7) It is enough for a complaint of an offence against subregulation (6)
to state that the report or information was false, misleading or
incomplete to the defendant's knowledge.
Part 5 Financial controls
Division 3 Audit
Gaming Control (Internet Gaming) Regulations 1998 24
Division 2 Financial institution accounts
38 Keeping of accounts
An internet gaming licensee must keep with an approved financial
institution an approved account or accounts for use for all banking
or similar transactions in relation to the operations conducted under
the internet gaming licence.
Maximum penalty: 15 penalty units.
39 Use of accounts
An internet gaming licensee must not use an account approved by
the Director under regulation 38 other than for a purpose for which
the account is approved.
Maximum penalty: 15 penalty units.
Division 3 Audit
40 Audit of internet gaming licensee's operations
An internet gaming licensee must cause the books, accounts and
financial statements in relation to the operations conducted under
the internet gaming licence for the financial year to be audited:
(a) in accordance with the approved control system; and
(b) at the internet gaming licensee's own expense,
by a company auditor registered under Part 9.2 of the Corporations
Act 2001.
Maximum penalty: 15 penalty units.
41 Completion of audit
(1) The auditor must:
(a) complete the audit required under regulation 40 within the
period, if any, specified in the approved control system; and
(b) immediately after completion of the audit required under
regulation 40, give a copy of the audit report to the Director
and the internet gaming licensee.
Maximum penalty: 15 penalty units.
Part 6 Internet gaming records
Gaming Control (Internet Gaming) Regulations 1998 25
(2) Subregulation (1)(a) does not apply to the auditor if:
(a) in the circumstances it would be unreasonable to require the
auditor to comply with it; and
(b) the auditor completes the audit as soon as practicable.
42 Further information following audit
(1) On receiving a copy of the audit report under regulation 41, the
Director may, by written notice to the internet gaming licensee,
require the licensee to give the Director, within a reasonable period
specified in the notice, further information about a matter relating to
the licensee's operations mentioned in the audit report.
(2) An internet gaming licensee must comply with a requirement under
subregulation (1) within the time specified in the notice, unless the
licensee has a reasonable excuse.
Maximum penalty: 15 penalty units.
Part 6 Internet gaming records
43 Notices about keeping internet gaming records
(1) The Director may, by written notice to an internet gaming licensee:
(a) approve a place nominated by the licensee (other than the
internet gaming licensee's public office) as a place for keeping
the licensee's gaming records;
(b) specify a gaming record of the licensee's that is not required
to be kept at the licensee's public office or a place approved
under paragraph (a);
(c) specify:
(i) a gaming record of the internet gaming licensee that
may be kept temporarily at a place other than the
licensee's public office or a place approved under
paragraph (a); and
(ii) the period for which, or the circumstances in which, the
record specified in subparagraph (i) may be kept at the
other place;
(d) approve the keeping of information contained in a gaming
record in a way different from the way the information was
kept when the record was being used by the licensee; or
Part 6 Internet gaming records
Gaming Control (Internet Gaming) Regulations 1998 26
(e) approve the destruction of a gaming record of the licensee
that the Director considers need not be kept.
(2) The Director may specify a gaming record under
subregulation (1)(b) only if the Director considers there is sufficient
reason for the record to be kept at a place other than the internet
gaming licensee's public office or a place approved under
subregulation (1)(a).
(3) The exercise of the Director's power under subregulation (1)(d)
or (e) is subject to any other law about the retention or destruction
of the gaming record.
44 Internet gaming records to be kept at specified place
(1) An internet gaming licensee must keep the internet gaming
licensee's gaming records at:
(a) the internet gaming licensee's public office; or
(b) at a place approved under regulation 43(1)(a) for the records.
Maximum penalty: 15 penalty units.
(2) A gaming record referred to in regulation 43(1)(c) is not required to
be kept at the internet gaming licensee's public office or the place
approved under regulation 43(1)(a):
(a) for the period specified in the notice; or
(b) while the circumstances specified in the notice exist.
45 Internet Gaming records to be kept for required period
(1) An internet gaming licensee must keep a gaming record for 7 years
after the end of the transaction to which the record relates.
Maximum penalty: 15 penalty units.
(2) Subregulation (1) does not apply to a gaming record:
(a) if the information previously contained in the record is kept in
another approved way; or
(b) that has been destroyed as approved.
(3) Subregulation (1) has effect subject to any other law about the
retention or destruction of the gaming record.
Part 7 Player protection
Division 1 Registration of players
Gaming Control (Internet Gaming) Regulations 1998 27
Part 7 Player protection
Division 1 Registration of players
46 Player registration
(1) An internet gaming licensee must not permit a person to participate
as a player in an internet game conducted by the licensee unless
the person is registered as a player with the licensee.
Maximum penalty: 15 penalty units.
(2) A person must not participate as a player in an internet game
unless the person is registered as a player with the internet gaming
licensee who conducts the game.
Maximum penalty: 15 penalty units.
47 Procedure for registration
(1) An internet gaming licensee may register a person as a player with
the licensee.
(2) An internet gaming licensee may register a person as a player with
the licensee only if the licensee has received from the person an
application, in an approved form, for registration.
48 Certain players not to be registered
(1) The Director may, by notice to an internet gaming licensee, prohibit
the registration as a player with the licensee of a person specified in
the notice.
(2) A licensee must not register as a player with the licensee a person
specified in a notice given to the licensee under subregulation (1).
Maximum penalty: 15 penalty units.
49 Persons cannot be registered if they have provided false
information
(1) Subject to subregulation (2), if an internet gaming licensee
becomes aware that a person has provided false information to the
licensee under regulation 47:
(a) the licensee must cancel the person's registration as a player
with the licensee; and
Part 7 Player protection
Division 2 Players' accounts
Gaming Control (Internet Gaming) Regulations 1998 28
(b) the licensee must not register the person as a player with the
licensee.
Maximum penalty: 15 penalty units.
(2) Subregulation (1) does not apply to a person if the Director is
satisfied that:
(a) the provision of the information occurred as a result of an
honest or reasonable mistake; or
(b) it is otherwise appropriate to register the person.
Division 2 Players' accounts
50 Players' accounts
(1) For the purposes of these Regulations, a player's account, in
relation to a registered player, means an account, established and
maintained by an internet gaming licensee, of the funds held by the
licensee to the credit of the player.
(2) An internet gaming licensee must establish and maintain a player's
account in relation to each player who is registered with the
licensee.
(3) An internet gaming licensee must credit to the account established
under subregulation (2) in respect of a registered player all funds:
(a) received by the licensee from or on behalf of the player; or
(b) owed by the licensee to the player.
(4) An internet gaming licensee may withdraw from the account
established under subregulation (2) in respect of a registered player
all amounts wagered and lost by the player.
(5) An internet gaming licensee may close the account established
under subregulation (2) in respect of a registered player and must
close the account when directed to do so by the Director.
(6) An internet gaming licensee must remit to a registered player in
accordance with the approved control system all funds in credit in
the account established under subregulation (2) in respect of the
registered player when the account is closed.
Part 7 Player protection
Division 2 Players' accounts
Gaming Control (Internet Gaming) Regulations 1998 29
51 Acceptance of wagers
An internet gaming licensee must not accept a wager from a player
in an internet game unless:
(a) a player's account has been established in the name of the
player and there are adequate funds in the account to cover
the amount of the wager; or
(b) the funds necessary to cover the amount of the wager are
provided in an approved way.
52 No payments unless player's identity is verified
An internet gaming licensee must not make a payment out of a
player's account to a player until the player's identity, age and place
of residence have been verified under the licensee's approved
control system.
Maximum penalty: 15 penalty units.
53 Funds in players' accounts to be remitted on demand
(1) An internet gaming licensee must, at the request of the registered
player in whose name a player's account is established, remit the
funds standing to the credit of the account to the player as soon as
practicable after receipt of the request.
Maximum penalty: 15 penalty units.
(2) An amount may only be remitted by a licensee to a player:
(a) in an approved manner; and
(b) in accordance with the licensee's approved control system.
Maximum penalty: 15 penalty units.
(3) An internet gaming licensee may, before remitting funds to a player
in accordance with subregulation (1), take such time as is
reasonably necessary for the purposes of:
(a) verifying the player's registration as a player;
(b) verifying the playing of a game by the player;
(c) conducting security and other internal procedures in relation to
the player or the player's account; and
(d) ensuring that the rules that are approved relating to the award
of prizes to players have been complied with.
Part 7 Player protection
Division 3 Financial protections
Gaming Control (Internet Gaming) Regulations 1998 30
54 Access to players' accounts by internet gaming licensees
An internet gaming licensee must not deal with funds credited to a
player's account except:
(a) to debit to the account a wager made by the player or an
amount the player indicates the player wants to wager in the
course of an internet game the player is playing or about to
play;
(b) to remit funds standing to the credit of the account to the
player at the player's request under regulation 53; or
(c) as specified in the licensee's approved control system.
Maximum penalty: 15 penalty units.
55 Inactive players' accounts
(1) If no transaction has been recorded on a player's account for
6 months, the internet gaming licensee in relation to whom the
account is established must comply with the approved procedures
for determining the player's intentions in relation to the account.
(2) If an internet gaming licensee has complied with subregulation (1)
but is not able to determine the player's intentions in relation to the
account, the licensee must deal with the account in accordance
with the licensee's approved control system.
Division 3 Financial protections
56 Internet gaming licensee not to act as credit provider
(1) An internet gaming licensee must not provide credit to a player or a
player's account.
Maximum penalty: 15 penalty units.
(2) An internet gaming licensee must not act as agent for a credit
provider to facilitate the provision of credit to a player or a player's
account.
Maximum penalty: 15 penalty units.
(3) If a player makes a payment into his or her account by means of a
credit card, an internet gaming licensee must ensure that the
payment does not exceed the amount specified for the player in the
approved control system.
Maximum penalty: 15 penalty units.
Part 7 Player protection
Division 3 Financial protections
Gaming Control (Internet Gaming) Regulations 1998 31
57 Limitation on amount wagered
(1) A registered player may by:
(a) written notice; or
(b) electronic notice,
to an internet gaming licensee, set a limit on the amount the player
may wager within a specified period.
(2) A player who has set a limit under this regulation may change or
revoke the limit by:
(a) written notice; or
(b) electronic notice,
given to the internet gaming licensee in accordance with the
approved procedures.
(3) A notice increasing or revoking the limit has effect only:
(a) after 7 days after the internet gaming licensee received the
notice; and
(b) if the player has not, before 7 days after the internet gaming
licensee received the notice, notified the internet gaming
licensee of an intention to withdraw the notice.
(4) A notice reducing the limit has effect immediately after it is received
by the internet gaming licensee.
(5) An internet gaming licensee must not accept a wager from a player
contrary to a limit set for the player under this regulation.
Maximum penalty: 15 penalty units.
(6) In this regulation, wager means the amount wagered from the
player's funds deposited into his or her account, but does not
include any winnings generated from the wager.
58 Voluntary de-registration as player
(1) An internet gaming licensee's must ensure that the approved
computer system enables a registered player to notify the internet
gaming licensee that he or she wishes to permanently de-register
as a player with the licensee.
Maximum penalty: 15 penalty units.
Part 7 Player protection
Division 4 Protection of minors
Gaming Control (Internet Gaming) Regulations 1998 32
(2) An internet gaming licensee:
(a) must de-register a registered player as soon as practicable
after, and in any case before 24 hours after, receipt of notice
from the player under subregulation (1); and
(b) must not knowingly re-register the person as a player with the
licensee except with the approval of the Director.
Maximum penalty: 15 penalty units.
Division 4 Protection of minors
59 Prohibition of minor's participation in conduct of games
(1) An internet gaming licensee must not allow a minor to participate in
operations related to the conduct of internet games by the licensee.
Maximum penalty: 15 penalty units.
(2) It is a defence to a charge against subregulation (1) if the defendant
proves that he or she had no reason to believe, and did not believe,
that the person to whom the charge relates was a minor.
(3) A minor must not participate in operations related to the conduct of
internet games.
Maximum penalty: 15 penalty units.
(4) An internet gaming licensee must:
(a) take all reasonable steps to restrict access by minors to an
internet game conducted by the licensee; and
(b) comply with all directions of the Director relating to the
restriction of access by minors to internet games conducted by
the licensee.
Maximum penalty: 15 penalty units.
60 Participation by minors as players prohibited
(1) A person involved in the conduct of an internet game by an internet
gaming licensee must not permit a minor to participate as a player
in the game.
Maximum penalty: 15 penalty units.
Part 7 Player protection
Division 4 Protection of minors
Gaming Control (Internet Gaming) Regulations 1998 33
(2) It is a defence to a charge against subregulation (1) if the defendant
proves that he or she had no reason to believe, and did not believe,
that the person to whom the charge relates was a minor.
(3) If a person involved in the conduct of an internet game by an
internet gaming licensee:
(a) suspects; or
(b) ought, in all the circumstances, reasonably be expected to
suspect,
that a player of the game is a minor, the licensee must not permit
the player to continue to play the game, or to play another internet
game with the licensee, until the player has submitted proof, of the
approved type, that he or she is an adult.
Maximum penalty: 15 penalty units.
(4) If a person involved in the conduct of an internet game by an
internet gaming licensee:
(a) suspects; or
(b) ought, in all the circumstances, reasonably be expected to
suspect,
that a player of the game is a minor, the licensee must not add
money to or deduct money from what appears to be the player's
account, or otherwise pay money or award a prize to the player,
until:
(c) the player has submitted proof, of the approved type, that he
or she is an adult; or
(d) the licensee is authorised to do so by notice in writing from the
Director.
Maximum penalty: 15 penalty units.
(5) A player may apply to the Director for a notice of authority for the
purposes of subregulation (4).
(6) A minor must not participate as a player in an internet game
conducted by an internet gaming licensee.
Maximum penalty: 15 penalty units.
(7) A prize won by a minor by participation in an internet game contrary
to this regulation is forfeited to the Territory.
Part 8 Conclusion of games
Division 1 Prizes
Gaming Control (Internet Gaming) Regulations 1998 34
61 Software limiting minor's access to be made available
An internet gaming licensee must ensure that a person has
electronic access, at the licensee's internet site, to computer
software that will enable the person to restrict or prevent access to
the site from the person's computer by a minor.
Maximum penalty: 15 penalty units.
Part 8 Conclusion of games
Division 1 Prizes
62 Payment or collection of prizes
(1) If a registered player in an internet game conducted by an internet
gaming licensee wins a monetary prize, the licensee must as soon
as practicable pay the prize to the player by crediting the amount to
the player's account.
(2) An internet gaming licensee may, before crediting the amount of a
prize to a player under subregulation (1), take the time necessary
to:
(a) verify the player's registration as a player;
(b) verify the operation of a game by the player;
(c) conduct security and other internal procedures in relation to
the player or the player's account; and
(d) ensure that the rules approved by the Director relating to the
award of prizes to players have been complied with.
63 Claims for prize
(1) If a claim for a prize in an internet game conducted by an internet
gaming licensee is made before 5 years after the end of the game,
the licensee must immediately try to resolve the claim.
(2) If an internet gaming licensee is not able to resolve the claim, the
licensee must, by written notice to the claimant, promptly inform the
claimant:
(a) of the licensee's decision on the claim; and
(b) that the person may, within 10 days of receiving the notice,
ask the Director to review the decision.
Part 8 Conclusion of games
Division 2 Aborted games
Gaming Control (Internet Gaming) Regulations 1998 35
(3) If a claim is not resolved or the claimant has not received a notice
under subregulation (2), the claimant may apply in the approved
form to the Director for a review of the internet gaming licensee's
decision in respect of the claim.
(4) If the claimant received a notice under subregulation (1), the
application to the Director under subregulation (3) must be made
within 10 days after receiving the notice.
(5) If a request is made to the Director, the Director:
(a) may carry out investigations the Director considers necessary
to resolve matters in dispute; and
(b) must determine whether the prize is to be given to the
claimant or not.
64 Entitlement to prize lapses if not claimed within 5 years
If a prize is not claimed within 5 years after the end of the internet
game in which the prize was won, the entitlement to the prize is
extinguished.
Division 2 Aborted games
65 Aborted games
(1) An internet gaming licensee is to take all reasonable steps to
ensure that the licensee's approved computer system enables a
player whose participation in a game is, after he or she has made a
wager, interrupted by:
(a) a failure of the telecommunications system; or
(b) a failure of the player's computer system,
that prevents the player from continuing with the game, to resume,
on the restoration of the system, his or her participation in the game
that was interrupted as at the time immediately before the
interruption.
Maximum penalty: 15 penalty units.
(2) If a licensee's computer system does not enable a player to
continue, after the restoration of the system, with a game
interrupted by a failure of the telecommunications system or the
player's computer system, the licensee must:
(a) ensure that the game is terminated in accordance with the
approved control system; and
Part 8 Conclusion of games
Division 2 Aborted games
Gaming Control (Internet Gaming) Regulations 1998 36
(b) refund the amount of the wager to the player by placing it in
the player's account.
Maximum penalty: 15 penalty units.
(3) If a game has not terminated within the period after commencing
that is specified in an internet gaming licensee's approved control
system, the licensee must:
(a) ensure that the game is terminated in accordance with the
approved control system; and
(b) deal with the amount of the wager in accordance with the
approved control system.
Maximum penalty: 15 penalty units.
66 Miscarriage of game
(1) If an internet game conducted by an internet gaming licensee is
started but miscarries because of a failure of the licensee's
computer operating system, the internet gaming licensee:
(a) must:
(i) refund the amount wagered in the game to the player by
crediting it to the player's account or, if the account no
longer exists, by paying it to the player in an approved
manner; and
(ii) if a player has an accrued credit at the time the game
miscarries – credit to the player's account the monetary
value of the credit or, if the account no longer exists, pay
it to the player in an approved manner;
(b) must immediately inform the Director of the circumstances of
the incident; and
(c) must not conduct a further game if the game is likely to be
affected by the same failure.
Maximum penalty: 15 penalty units.
(2) After investigating the incident, the Director may, by written notice
to the internet gaming licensee, give the internet gaming licensee
other directions the Director considers appropriate in the
circumstances.
Part 9 Miscellaneous
Gaming Control (Internet Gaming) Regulations 1998 37
(3) The internet gaming licensee must comply with a direction under
subregulation (2).
Maximum penalty: 15 penalty units.
67 Power to withhold prize in certain cases
(1) If an internet gaming licensee has reason to believe that the result
of an internet game has been affected by an illegal activity the
internet gaming licensee may withhold a prize in the game.
(2) If an internet gaming licensee withholds a prize under this
regulation, the internet gaming licensee:
(a) must immediately inform the Director of the circumstances of
the incident; and
(b) must not conduct a further game if a recurrence of the illegal
activity is likely.
(3) After investigating the incident, the Director may, by written notice
to the internet gaming licensee:
(a) direct the internet gaming licensee to pay the prize to the
player by placing it in the player's account or, if the account no
longer exists, to pay it to the player in another approved
manner; or
(b) confirm the internet gaming licensee's decision to withhold the
prize, but direct the internet gaming licensee to refund an
amount wagered in the game by placing it in the player's
account or in another approved manner.
(4) The internet gaming licensee must comply with a direction under
subregulation (3).
Maximum penalty: 15 penalty units.
Part 9 Miscellaneous
68 Player to be bound by rules of game
A player who participates in an internet game and the internet
gaming licensee must comply with the rules of the game specified
at the internet site at which the game is conducted by the licensee.
Maximum penalty: 15 penalty units.
Part 9 Miscellaneous
Gaming Control (Internet Gaming) Regulations 1998 38
69 Interference with proper conduct of internet games
A person must not, without the Director's authorisation, interfere in
the proper conduct of an internet game.
Maximum penalty: 15 penalty units.
70 Internet gaming licensee not to publish identity of player in
certain cases
(1) An internet gaming licensee or an employee or other person
engaged in duties related to the conduct of an internet game must
not, without authorisation under subregulation (2):
(a) disclose information about the name, or other identifying
particulars, of a player; or
(b) use information about a player for a purpose other than the
purpose for which the information was given.
Maximum penalty: 15 penalty units.
(2) The disclosure of information, or its use for a purpose other than
the purpose for which it was given, is authorised if the disclosure or
use is:
(a) authorised by the player;
(b) reasonably necessary for the conduct of internet games;
(c) required for the administration or enforcement of the Act or
these Regulations; or
(d) otherwise required by law.
71 Fee for application
For section 47B(2) of the Act, the prescribed fee for an application
for an internet gaming licence is 20 000 revenue units.
ENDNOTES
Gaming Control (Internet Gaming) Regulations 1998 39
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Gaming Control (Internet Gaming) Regulations (SL No. 64, 1998)
Notified 13 January 1999
Commenced 13 January 1999
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date 13 September 2002
Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)
Treasury Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 33, 2006)
Notified 18 October 2006
Commenced 18 October 2006
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
Gaming Control (Internet Gaming) Amendment Regulations 2013 (SL No. 11, 2013)
Notified 29 May 2013
Commenced 29 May 2013
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)
Assent date 12 July 2013
Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)
Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)
Assent date 5 December 2014
Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)
ENDNOTES
Gaming Control (Internet Gaming) Regulations 1998 40
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)
Assent date 9 March 2020
Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 15.
4 LIST OF AMENDMENTS
r 2 amd Act No. 38, 2002, s 7; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 3 – 4 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 5 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 7 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 8 – 12 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 13 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145; Act
No. 4, 2020, s 87
r 14 amd No. 33, 2006, r 5; No. 34, 2009, r 10; Act No. 23, 2013, s 6; Act No. 44,
2014, s 145; Act No. 4, 2020, s 87
rr 15 – 16 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 17 amd Act No. 44, 2014, s 145; Act No. 4, 2017, s 34; Act No. 4, 2020, s 87
rr 18 – 19 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 21 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 22 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
r 23 amd No. 33, 2006, r 5; No. 34, 2009, r 10; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 24 amd No. 33, 2006, r 5; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 25 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 26 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 27 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 28 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 29 – 30 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 31 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 32 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 33 – 34 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 35 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
r 37 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 38 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
r 39 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 40 amd Act No. 17, 2001, s 22; No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 41 – 42 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
ENDNOTES
Gaming Control (Internet Gaming) Regulations 1998 41
r 43 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 44 – 46 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 48 – 49 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 50 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 52 – 54 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 56 – 57 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 58 – 60 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 61 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 62 – 63 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 65 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
rr 66 – 67 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 68 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
r 69 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 70 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6
r 71 ins No. 11, 2013, r 3