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Queensland act
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Direct links to the current provisions in Wagering Act 1998.
This Act may be cited as the Wagering Act 1998 .
This Act commences on a day to be fixed by proclamation.
The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from wagering. 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. s 2A ins 2000 No. 51 s 98 (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. (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.
The dictionary in schedule 2 defines particular words used in this Act. s 3 amd 2018 No. 13 s 90 sch 2
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. 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. s 4 amd 2004 No. 21 s 123 sch sub 2014 No. 53 s 5 amd 2018 No. 13 s 90 sch 2 (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. (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.
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. 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. s 5 amd 2004 No. 21 s 107 (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. (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.
A race wagering licence is a licence authorising the race wagering licensee to conduct wagering on an event or contingency that— is, or relates to, thoroughbred, harness or greyhound racing; and may be lawfully held in Queensland or elsewhere. s 6 sub 2004 No. 21 s 108
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 . 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. s 7 amd 2022 No. 23 s 100 (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 . (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.
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. A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated. 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. 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. s 8 amd 2014 No. 30 s 43 (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. (sec.8-ssec.2) A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated. (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. (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.
This section applies if the applicant for an oncourse wagering permit or a permit holder is an unincorporated body of persons. 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. (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. (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.
In 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).
The following activities are lawful— the conduct, under this Act, of a totalisator by a wagering licensee under a wagering licence; the conduct, under this Act and the relevant wagering management agreement, of a totalisator by a wagering manager under a wagering licence; the conduct, under this Act, of a totalisator by a permit holder under an oncourse wagering permit; the conduct, under this Act, of wagering (on a fixed odds basis) by a wagering licensee under a wagering licence; 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; the carrying on of a wagering agent’s operations under this Act and the relevant agency agreement; the use of approved wagering equipment by a wagering licensee, manager or agent or permit holder; 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; 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; betting, under this Act, by a person (by means of a totalisator) for wagering conducted by a permit holder under an oncourse wagering permit; the doing of anything else required or authorised to be done under this Act.
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. 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. s 11A ins 2002 No. 58 s 398 (1) sch 2 pt 1 amd 2018 No. 13 s 81 (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. (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.
Section 11 has effect despite any other law dealing with wagering, including, in particular, the Racing Integrity Act 2016 . Nothing in this Act applies to a person carrying on bookmaking under the Racing Integrity Act 2016 under a racing bookmaker’s licence. s 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 (sec.12-ssec.1) Section 11 has effect despite any other law dealing with wagering, including, in particular, the Racing Integrity Act 2016 . (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.
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. 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. (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. (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.
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. 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. (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. (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.
Sections 13 and 14 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.
An application for a race wagering licence may only be made by a corporation. 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. s 16 amd 2004 No. 21 s 123 sch ; 2014 No. 53 s 6 ; 2018 No. 13 s 90 sch 2 (sec.16-ssec.1) An application for a race wagering licence may only be made by a corporation. (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.
An application for a sports wagering licence may only be made by a corporation. 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. s 17 amd 2004 No. 21 s 123 sch ; 2014 No. 53 s 7 ; 2018 No. 13 s 90 sch 2 (sec.17-ssec.1) An application for a sports wagering licence may only be made by a corporation. (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.
An application for an oncourse wagering permit may only be made by a licensed club. s 18 amd 2004 No. 21 s 123 sch
An application for a wagering authority must— be made to the Minister; and be in the approved form; and be accompanied by any application fee prescribed under a regulation.
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. The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application. (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. (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.
The Minister must consider an application for a wagering authority and either grant or refuse to grant the application. 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. (sec.21-ssec.1) The Minister must consider an application for a wagering authority and either grant or refuse to grant the application. (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.
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. 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. 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. 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. 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. However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (5) . 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 . s 22 amd 2004 No. 21 s 123 sch ; 2014 No. 53 s 8 ; 2018 No. 13 s 90 sch 2 (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. (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. (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. (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. (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. (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) . (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 .
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. 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. However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (2) . s 23 amd 2004 No. 21 s 123 sch (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. (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. (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) .
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. 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. (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. (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.
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. 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. (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. (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.
If the Minister decides to grant an application for a wagering authority, the Minister must promptly issue the authority to the applicant. 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. 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. (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. (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. (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.
The Minister may issue a wagering authority— on conditions the Minister considers necessary or desirable for the proper conduct of authorised wagering under the wagering authority; and on other conditions the Minister considers necessary or desirable in the public interest.
A wagering authority must be in the approved form. 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. s 28 amd 2004 No. 21 s 109 (sec.28-ssec.1) A wagering authority must be in the approved form. (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.
A wagering licence remains in force for the term stated in the licence. Subsection (1) applies subject to this Act. (sec.29-ssec.1) A wagering licence remains in force for the term stated in the licence. (sec.29-ssec.2) Subsection (1) applies subject to this Act.
A wagering licensee may apply for an extension (an extension application) of the term of the licensee’s licence. An extension application must be made at least 1 month before the licence expires. 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. 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. To remove any doubt, it is declared that a wagering licence may be extended one or more times. s 29A ins 2013 No. 62 s 63 (sec.29A-ssec.1) A wagering licensee may apply for an extension (an extension application) of the term of the licensee’s licence. (sec.29A-ssec.2) An extension application must be made at least 1 month before the licence expires. (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. (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. (sec.29A-ssec.5) To remove any doubt, it is declared that a wagering licence may be extended one or more times.
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. Subsection (1) applies subject to this Act. (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. (sec.30-ssec.2) Subsection (1) applies subject to this Act.
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. 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. 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. The power of the Minister to change the conditions of a wagering authority includes the power to add conditions to an unconditional authority. (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. (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. (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. (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.
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. 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. (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. (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.
A wagering authority can not be transferred. 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. (sec.33-ssec.1) A wagering authority can not be transferred. (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.
The Minister may, with the written agreement of the licensee, amend a wagering licence. 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. The amendment of the licence takes effect on the day the Minister gives the licensee the amended or replacement licence. s 33A ins 2022 No. 23 s 101 (sec.33A-ssec.1) The Minister may, with the written agreement of the licensee, amend a wagering licence. (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. (sec.33A-ssec.3) The amendment of the licence takes effect on the day the Minister gives the licensee the amended or replacement licence.
An authority holder may mortgage or otherwise encumber the wagering authority only with the written approval of the Minister. 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. 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. 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. 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. 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. (sec.34-ssec.1) An authority holder may mortgage or otherwise encumber the wagering authority only with the written approval of the Minister. (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. (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. (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. (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. (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.
An authority holder may surrender the wagering authority by written notice given to the Minister. 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. 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. (sec.35-ssec.1) An authority holder may surrender the wagering authority by written notice given to the Minister. (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. (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.
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. The chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program. (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. (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.
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. 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. 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. (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. (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. (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.
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. 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) . 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. s 38 amd 2002 No. 43 s 104 (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. (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) . (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.
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. 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) . 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. (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. (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) . (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.
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. 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. (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. (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.
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. 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. 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. (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. (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. (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.
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. 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. (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. (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.
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 . 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. 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. 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. s 43 amd 2001 No. 45 s 29 sch 3 (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 . (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. (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. (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.
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. 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. The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder. The authority holder may make representations about the show cause notice to the Minister in the show cause period. (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. (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. (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. (sec.44-ssec.4) The authority holder may make representations about the show cause notice to the Minister in the show cause period.
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. 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. 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. (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. (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. (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.
The Minister must consider all written representations (the accepted representations ) made in the show cause period by— the authority holder; or an interested person to whom a copy of the show cause notice was given.
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. The Minister must not take any further action about the show cause notice. 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. (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. (sec.47-ssec.2) The Minister must not take any further action about the show cause notice. (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.
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 . 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. 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. (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 . (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. (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.
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. 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. However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 50 (1) . 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. The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified. (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. (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. (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) . (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. (sec.49-ssec.5) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.
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. 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. 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. (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. (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. (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.
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. 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. 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. 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. (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. (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. (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. (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.
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. 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. (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. (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.
This section applies to an administrator appointed by the Governor in Council to conduct operations under a wagering authority. For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council. 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. 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. 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. This section and section 51 (1) (b) (iii) apply despite the Corporations Act . s 53 amd 2001 No. 45 s 29 sch s 2 – 3 (sec.53-ssec.1) This section applies to an administrator appointed by the Governor in Council to conduct operations under a wagering authority. (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. (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. (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. (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. (sec.53-ssec.6) This section and section 51 (1) (b) (iii) apply despite the Corporations Act .
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. 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. (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. (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.
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 . 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. (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 . (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.
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. The event or contingency may be in Australia or elsewhere. The application may relate to a particular event or contingency or a class of event or contingency. The application must— be in writing; and describe the event or contingency, or class of event or contingency, for which approval is sought. s 56 sub 2022 No. 23 s 102 (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. (sec.56-ssec.2) The event or contingency may be in Australia or elsewhere. (sec.56-ssec.3) The application may relate to a particular event or contingency or a class of event or contingency. (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.
The Minister must consider an application under section 56 and either give, or refuse to give, the approval sought by the application. 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. s 57 amd 2022 No. 23 s 103 (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. (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.
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. A condition under subsection (1) is taken to be a condition of the sports wagering licence. (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. (sec.58-ssec.2) A condition under subsection (1) is taken to be a condition of the sports wagering licence.
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. The notice also may state the period for which the approval remains in force. 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. (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. (sec.59-ssec.2) The notice also may state the period for which the approval remains in force. (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.
An approval remains in force— if a period is stated in the notice mentioned in section 59 —for the period stated; or if no period is stated in the notice—until the approval is withdrawn.
The Minister may, for any reason the Minister considers appropriate, withdraw an approval given under section 57 . 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) . The withdrawal must be made by written notice, stating the reasons for the decision, given to the sports wagering licensee. 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. (sec.61-ssec.1) The Minister may, for any reason the Minister considers appropriate, withdraw an approval given under section 57 . (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) . (sec.61-ssec.3) The withdrawal must be made by written notice, stating the reasons for the decision, given to the sports wagering licensee. (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.
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. 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. (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. (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.
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. 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. (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. (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.
Sections 62 and 63 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.
A wagering licensee may appoint a person to manage some or all the operations relating to authorised wagering conducted under the wagering licence. 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. s 65 amd 1999 No. 38 s 73 (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. (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.
An application for approval to appoint a person as wagering manager must be made to the Minister in writing by the wagering licensee.
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. The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application. (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. (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.
The Minister must consider an application for an approval and either give, or refuse to give, the approval. 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. 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. The Minister must promptly give the applicant written notice of the Minister’s decision. (sec.68-ssec.1) The Minister must consider an application for an approval and either give, or refuse to give, the approval. (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. (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. (sec.68-ssec.4) The Minister must promptly give the applicant written notice of the Minister’s decision.
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. 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. (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. (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.
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. 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. (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. (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.
A wagering management agreement is an agreement between a wagering licensee and another person— appointing the other person as a wagering manager for some or all the operations relating to authorised wagering conducted under the wagering licence; and dealing with the wagering manager’s authority; and stating the conditions under which the wagering manager acts as, and remains, a wagering manager for the wagering licensee; and stating other matters agreed between the wagering manager and wagering licensee. s 71 amd 1999 No. 38 s 74
A wagering licensee must not enter into a wagering management agreement without the written approval of the Minister. Maximum penalty—40 penalty units.
A wagering management agreement may be amended only with the written approval of the Minister.
A wagering licensee may apply to the Minister for approval to enter into, or amend, a wagering management agreement. An application must— be in writing; and be accompanied by a copy of the proposed agreement or amendment. The Minister must consider an application for approval and either give, or refuse to give, the approval. 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. The Minister must promptly give the wagering licensee written notice of the Minister’s decision. (sec.74-ssec.1) A wagering licensee may apply to the Minister for approval to enter into, or amend, a wagering management agreement. (sec.74-ssec.2) An application must— be in writing; and be accompanied by a copy of the proposed agreement or amendment. (sec.74-ssec.3) The Minister must consider an application for approval and either give, or refuse to give, the approval. (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. (sec.74-ssec.5) The Minister must promptly give the wagering licensee written notice of the Minister’s decision.
The Minister may approve audit programs for investigating— wagering managers; and business or executive associates of wagering managers. 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. (sec.75-ssec.1) The Minister may approve audit programs for investigating— wagering managers; and business or executive associates of wagering managers. (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.
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. 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. 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. (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. (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. (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.
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. 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) . 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. (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. (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) . (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.
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. 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. (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. (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.
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. 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. 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. (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. (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. (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.
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. 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. (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. (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.
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 . 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. 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. s 81 amd 1999 No. 38 s 75 ; 2001 No. 45 s 29 sch 3 (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 . (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. (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.
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. 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. The show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering manager. The Minister must promptly give a copy of the show cause notice to the wagering licensee. (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. (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. (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. (sec.82-ssec.4) The Minister must promptly give a copy of the show cause notice to the wagering licensee.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Wagering Act 1998 .
This Act commences on a day to be fixed by proclamation.
The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from wagering. 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. s 2A ins 2000 No. 51 s 98 (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. (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.
The dictionary in schedule 2 defines particular words used in this Act. s 3 amd 2018 No. 13 s 90 sch 2
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. 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. s 4 amd 2004 No. 21 s 123 sch sub 2014 No. 53 s 5 amd 2018 No. 13 s 90 sch 2 (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. (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.
Who it affects
Why it matters (stated purposes, then practical trade offs)
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).
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).
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.
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).
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).
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).
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.
Concrete who‑decides / who‑pays statements
Enforcement and remedies
Select notable provisions and references (mechanism → section):
Bottom 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).
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. 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. s 5 amd 2004 No. 21 s 107 (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. (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.
A race wagering licence is a licence authorising the race wagering licensee to conduct wagering on an event or contingency that— is, or relates to, thoroughbred, harness or greyhound racing; and may be lawfully held in Queensland or elsewhere. s 6 sub 2004 No. 21 s 108
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 . 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. s 7 amd 2022 No. 23 s 100 (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 . (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.
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. A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated. 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. 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. s 8 amd 2014 No. 30 s 43 (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. (sec.8-ssec.2) A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated. (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. (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.
This section applies if the applicant for an oncourse wagering permit or a permit holder is an unincorporated body of persons. 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. (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. (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.
In 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).
The following activities are lawful— the conduct, under this Act, of a totalisator by a wagering licensee under a wagering licence; the conduct, under this Act and the relevant wagering management agreement, of a totalisator by a wagering manager under a wagering licence; the conduct, under this Act, of a totalisator by a permit holder under an oncourse wagering permit; the conduct, under this Act, of wagering (on a fixed odds basis) by a wagering licensee under a wagering licence; 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; the carrying on of a wagering agent’s operations under this Act and the relevant agency agreement; the use of approved wagering equipment by a wagering licensee, manager or agent or permit holder; 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; 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; betting, under this Act, by a person (by means of a totalisator) for wagering conducted by a permit holder under an oncourse wagering permit; the doing of anything else required or authorised to be done under this Act.
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 sec
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