Queensland: Charitable and Non-Profit Gaming Act 1999 (Qld)

Charitable and Non-Profit Gaming Act 1999 An Act to regulate gaming conducted to raise funds for charitable and non-profit purposes, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Charitable and Non-Profit Gaming Act 1999. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Object (1) The overarching object of this Act is to ensure that, on balance, the State and the community as a whole benefit from general gaming. (2) The balance is achieved by allowing general gaming subject to a system of regulation and control designed to protect players and the community through— (a) ensuring the integrity and fairness of games; and (b) ensuring the probity of those involved in the conduct of general gaming; and (c) minimising the potential for harm from general gaming. (3) Within the overarching object, the following objects are included— (a) to set and maintain appropriate standards and levels of accountability for the conduct of general gaming; (b) to ensure the public obtains reasonable net benefits from the conduct of general gaming; (c) to prevent individuals engaged in conducting general gaming from deriving personal gain from it; (d) to maintain and protect the integrity of general gaming; (e) to maintain public confidence and trust in buying general gaming tickets as a worthwhile way of supporting fundraising activities. 4 Application of Act This Act does not apply to the conduct of a game permitted under another jurisdiction's law, if the conduct of the game in Queensland consists only of advertising the game. Part 2 Interpretation Division 1 Standard definitions 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. Division 2 Key definitions 6 Meaning of art union An art union is a game other than bingo, a calcutta sweep, lucky envelopes, a promotional game and two-up. 7 Meaning of association An association is a group of at least 4 persons, whether or not incorporated, formed for a common purpose that is not likely to harm— (a) the integrity of general gaming; or (b) public confidence and trust in buying gaming tickets as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes. 8 Meaning of bingo Bingo is a game known as bingo, housie or housie-housie, or a similar game, whatever called, in which— (a) each player is given a ticket with numbers, letters or symbols printed on it; and (b) the winner is decided by the player matching randomly selected numbers, letters or symbols to the numbers, letters or symbols on the player's ticket. 9 Meaning of calcutta sweep (1) A calcutta sweep is a game conducted on a horse race held at a licensed venue, or an event approved under section 30, in which, before the race or event starts— (a) each player buys a ticket for a chance to be allocated, by lot, a participant in the race or event; and (b) an auction takes place at which anyone present, whether or not the person holds a ticket, is entitled to bid for each participant in the race or event. (2) The winners in the game are decided entirely or partly by chance, according to the result of the race or event. (3) In this section— horse race means a race for galloping horses. licensed venue means a place, whether in Queensland or elsewhere, at which a horse race may lawfully be held. 10 Meaning of eligible association (1) An eligible association is— (a) an association formed and operated principally for a charitable, community, patriotic or sporting purpose or a similar purpose prescribed under a regulation; or (aa) an association formed and operated principally for an educational or religious purpose; or (b) a parents and citizens association formed under the Education (General Provisions) Act 2006; or (c) a registered political party under the Electoral Act 1992; or (d) another association prescribed under a regulation. (2) An association mentioned in subsection (1)(a) must— (b) have a management committee, elected by the members— (i) the members of which hold office for at least 1 year; and (ii) that holds regular meetings, including an annual general meeting, and keeps minutes of its meetings; and (c) have a treasurer who keeps proper financial records for the association and presents an audited income and expenditure statement and balance sheet at its annual general meeting; and (d) operate banking accounts in its name; and (e) require cheques issued by it to be signed by at least 2 members authorised for the purpose. (3) An association mentioned in subsection (1)(a) must also have a constitution that provides, if the association is disbanded, for its assets, after payment of its liabilities, to be distributed to— (a) a fund with objects similar to the association's objects; or (b) a fund used exclusively for charitable purposes; or (c) an association incorporated under the Associations Incorporation Act 1981 with objects similar to the association's objects. (4) A constituent unit of an eligible association is also an eligible association. (5) In this section— charitable purpose means— (a) the purpose of helping individuals who— (i) are persons with a disability under the Disability Services Act 2006; or (ii) need help because of their age (whether young or old), sickness, infirmity, bereavement, poverty or unemployment; or (iii) need help because their property has been damaged or destroyed by, or because of, a natural disaster; or (iv) are dependants of individuals mentioned in subparagraphs (i) to (iii); or (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a charitable purpose. community purpose means the purpose of promoting, other than for personal or commercial gain, the general welfare of the public or a section of it. constituent unit, of an eligible association, means a branch, sub-branch, committee, council or other body of persons established under the association's rules (whatever the rules are called). educational purpose means— (a) the purpose of helping any of the following established, or proposed to be established, other than for personal or commercial gain— (i) a school, college or university; (ii) TAFE Queensland established under the TAFE Queensland Act 2013; (iii) an educational institution other than an entity mentioned in subparagraph (i) or (ii); (vi) a school of arts or public library; or (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be an educational purpose. patriotic purpose means— (a) the purpose of helping members of the Australian Defence Force (the ADF), or members of the armed forces of another country with whom the ADF members are serving during a war, defence emergency or United Nations peacekeeping operations in which the ADF members are involved, by providing— (i) things for the comfort or convenience of the ADF members, or the members of the forces of the other country, in or outside Australia; or (ii) functions in Queensland to farewell or welcome the members; or (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a patriotic purpose. religious purpose means— (a) the purpose of helping a church, mosque, pagoda, synagogue, temple or other religious body that is established, or proposed to be established; or (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a religious purpose. sporting purpose means— (a) the purpose of helping an association to conduct a sporting activity of a recreational nature; or (b) another purpose prescribed under a regulation if there are reasonable grounds for considering the purpose to be a sporting purpose. 11 Meaning of game (1) A game is a game, scheme or arrangement offering prizes, whether or not tickets are sold or distributed, in which the winners are decided— (a) entirely or partly by chance; or (b) by a competition or other activity having an outcome depending on chance, for example, a guessing competition. Examples of game— 1 a calcutta sweep 2 an art union 3 a promotional game 4 bingo 5 lucky envelopes 6 two-up (2) However, each of the following is not a game— (a) a lottery conducted under the Lotteries Act 1997, or under arrangements approved under that Act; (b) a game authorised under the Interactive Gambling (Player Protection) Act 1998. 12 Meaning of lucky envelopes (1) Lucky envelopes is a game in which— (a) a ticket is torn, opened or scratched, whether physically or electronically, to reveal numbers, letters or symbols that may entitle the player to a prize; or (b) a ticket is printed, electronically or mechanically, with a number, letter or symbol that may entitle the player to a prize. (2) Lucky envelopes includes— (a) the games known as lucky envelopes, break-open, pull-tab, lucky numbers and instant art union; and (b) any similar game, by whatever name called. (3) However, lucky envelopes does not include— (a) a promotional game; or (b) a game in which the determination of the winning ticket depends on a future event. Example for paragraph (b)— a game in which a ticket becomes a winning ticket if a particular team wins a future sporting match 13 Meaning of promotional game A promotional game is a game conducted to promote goods or services. Division 3 Categories of games 14 Meaning of category 1 game (1) A category 1 game is a game in which— (a) for bingo—the gross proceeds of all games in the bingo session are not more than $2,000; or (b) for other games—the gross proceeds are not more than the amount prescribed by regulation. (2) However, a promotional game or lucky envelopes is not a category 1 game. (3) For subsection (1)(b), the amount prescribed must not be more than the lower amount prescribed for a category 2 game under section 15(1)(c). 15 Meaning of category 2 game (1) A category 2 game is a game in which— (a) for bingo—the gross proceeds of all games in the bingo session are more than $2,000 but not more than $20,000; or (b) for lucky envelopes—the gross proceeds of which are not more than $5,000; or (c) for other games—the gross proceeds are between the amounts prescribed by regulation. (2) However, a promotional game is not a category 2 game. 16 Meaning of category 3 game (1) A category 3 game is a game, other than bingo, the gross proceeds of which are more than— (a) an amount prescribed by regulation; or (b) if the game is conducted under a special category 3 gaming licence—$5,000. (2) However, a promotional game or lucky envelopes is not a category 3 game. (3) For subsection (1)(a), the amount prescribed must not be less than the higher amount prescribed for a category 2 game under section 15(1)(c). 17 Meaning of category 4 game A category 4 game is a promotional game. Part 3 General gaming Division 1 Who may conduct general gaming 18 Category 1 games (1) A person must not conduct a category 1 game unless the person is— (a) an association; or (b) authorised to conduct the game under another Act. Maximum penalty—40 penalty units. (2) However, an individual may conduct a category 1 game if— (a) the individual does not derive a personal gain from conducting the game; and (b) all proceeds of the game, or goods representing the value of the proceeds, are returned to the players as prizes. 19 Category 2 games A person must not conduct a category 2 game unless the person— (a) is an eligible association and complies with section 22; or (b) is authorised to conduct the game under another Act. Maximum penalty—100 penalty units. 20 Category 3 games A person must not conduct a category 3 game unless the person— (a) is an eligible association that complies with section 22 and holds a category 3 gaming licence; or (b) holds a special category 3 gaming licence; or (c) is authorised to conduct the game under another Act. Maximum penalty—200 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 170, to have also committed the offence. 21 Category 4 games Any person may conduct a category 4 game. 22 Restriction on persons conducting category 2 or 3 games An eligible association may conduct a category 2 or 3 game only if the association— (a) keeps its general gaming records at any of the following places— (i) its principal place of business in Queensland; (ii) if the eligible association is a corporation whose registered office, under the Corporations Act, is in Queensland—its registered office; (iii) another place approved by the chief executive; and (b) if the association uses or intends to use part or all of the game's net proceeds for a purpose outside Queensland—states on the tickets, or written advertising material for the game, the purpose for which the net proceeds are to be used. Division 1A Third party operator agreements 22A Agreement to help in relation to an art union (1) This section applies for the purpose of an eligible association entering into an agreement (a third party operator agreement) with another entity (a third party operator) for the third party operator to help the eligible association with any of the following matters in relation to an art union— (a) the sale of tickets in the art union; (b) receiving and banking money from the sale; (c) accounting for the proceeds of the sale. (2) A third party operator agreement must— (a) be in writing; and (b) be signed by both the eligible association and the third party operator; and (c) provide for the arrangements between the association and the operator relating to the art union; and (d) state details of the help the operator will give the association. Note— Under section 46(f) and (g), a contravention of subsection (2) may be a relevant consideration in deciding whether an applicant for a licence is a suitable person to hold the licence. (3) Failure to comply with subsection (2) does not affect the validity of the agreement or its status as a third party operator agreement. (4) A third party operator who enters into a third party operator agreement with an eligible association is taken to be a business associate of the eligible association. (5) An eligible association that enters into a third party operator agreement continues to be responsible under this Act for the conduct of the art union to which the agreement relates. (6) An agreement between an eligible association and a person in the person's capacity as an employee of the association or a commission agent is not a third party operator agreement. (7) In this section— commission agent, in relation to an eligible association, means an individual, other than an employee of the association, who receives payment for selling art union tickets on behalf of the association. 22B Notice to chief executive of intention to enter third party operator agreement (1) An eligible association must not enter into a third party operator agreement unless it has given the chief executive a copy of the proposed agreement at least 28 days before it enters into the agreement. Maximum penalty—100 penalty units. (2) If the parties to the proposed agreement make a material change to the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed. Maximum penalty—100 penalty units. 22C Notice to chief executive of intention to amend third party operator agreement (1) An eligible association that intends amending a third party operator agreement the association has entered into must, at least 28 days before the amending agreement is to take effect, give the chief executive a copy of the proposed agreement. Maximum penalty—100 penalty units. (2) If the parties to the proposed amending agreement materially further change the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed. Maximum penalty—100 penalty units. 22D Copy of third party operator agreement to chief executive An eligible association that enters into a third party operator agreement or an agreement amending a third party operator agreement must, as soon as practicable after entering into the agreement, give the chief executive a copy of the agreement. Maximum penalty—100 penalty units. 22E Notice to chief executive of cancellation of third party operator agreement If a third party operator agreement is rescinded or otherwise comes to an end, the eligible association that is a party to the agreement must, as soon as practicable after the agreement ends, give the chief executive notice that the agreement has ended. Maximum penalty—100 penalty units. Division 2 Other provisions about general gaming Subdivision 1 Bingo 23 Restrictions on conducting bingo (1) A person must not conduct bingo if the gross proceeds of all games in the bingo session are more than $20,000. Maximum penalty—200 penalty units. (2) A person must not conduct bingo at a bingo centre unless— (a) the person is an eligible association; and (b) a bingo centre licence is in force for the bingo centre; and (c) the person has appointed an individual as an ordinary member of the bingo centre licensee. Maximum penalty—40 penalty units. (3) In this section— bingo centre means premises where 2 or more eligible associations conduct, between or amongst them, more than 25 bingo sessions each week. Subdivision 2 Lucky envelopes 24 Restriction on conducting lucky envelopes A person must not conduct lucky envelopes if the gross proceeds of the game are more than $5,000. Maximum penalty—200 penalty units. 25 Approving, installing and operating lucky envelope vending machines (1) A person must not conduct lucky envelopes from a lucky envelope vending machine unless the machine is approved by the chief executive under part 5, division 9. (2) A person conducting lucky envelopes must ensure the lucky envelope vending machine is installed and operated in the way prescribed under a regulation. Maximum penalty—40 penalty units. 26 Printing lucky envelopes (1) A person must not print lucky envelopes unless the person holds a lucky envelope printer licence. Maximum penalty—100 penalty units. (2) The holder of a lucky envelope printer licence must comply with the requirements prescribed under a regulation for printing lucky envelopes. Maximum penalty—50 penalty units. (3) To remove doubt, it is declared that a person does not print lucky envelopes if the person merely sells lucky envelopes— (a) from a lucky envelope vending machine; or (b) obtained from the holder of a lucky envelope printer licence. 27 Safe custody of lucky envelopes (1) The holder of a lucky envelope printer licence must ensure— (a) stocks of lucky envelopes held by the holder are kept in a secure place; and (b) adequate security arrangements exist to prevent access to the place by persons who are not authorised by the holder to have the access. (2) A person conducting lucky envelopes must ensure— (a) the following are kept in a secure place— (i) stocks of lucky envelopes held by the person; (ii) any microchip or other program storage media for random number generator software used by the person in a lucky envelope vending machine; and (b) adequate security arrangements exist to prevent access to the place by persons who are not authorised by the person conducting the lucky envelopes to have the access. Maximum penalty—40 penalty units. 28 Selling lucky envelopes A person must not sell lucky envelopes unless the envelopes have been printed under a lucky envelope printer licence. Maximum penalty—50 penalty units. Subdivision 3 Approval for events for calcutta sweeps 29 Application for approval of events (1) A person may apply to the chief executive for approval for an event on which the person intends to conduct a calcutta sweep. (2) The application must be in writing and describe the event for which approval is sought. 30 Decision on application (1) The chief executive must consider the application and either give, or refuse to give, the approval sought by the application. (2) An approval may relate to an event in or outside Australia. (3) The chief executive must not give an approval for an event the chief executive considers to be offensive or contrary to the public interest. 31 Conditions of approval The chief executive may give the approval— (a) on conditions the chief executive considers necessary or desirable for the proper conduct of the calcutta sweep; or (b) on other conditions the chief executive considers necessary or desirable in the public interest. 32 Notice of decision (1) If the chief executive gives the approval, the chief executive must give the person a notice stating— (a) the decision; and (b) any conditions of the approval. (2) The notice may also state the period for which the approval remains in force. (3) If the chief executive refuses the approval, the chief executive must give the person a notice stating the decision and the reasons for it. 33 Period of approval An approval remains in force— (a) if a period is stated in the notice under section 32(2)—for the stated period; or (b) if no period is stated in the notice—until the approval is withdrawn. 34 Withdrawal of approval (1) The chief executive may, for any reason the chief executive considers appropriate, withdraw an approval given under section 30. (2) However, the approval may be withdrawn only if the chief executive— (a) has given the person a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and (b) has considered any representations made by the person in the process carried out by the chief executive under paragraph (a). (3) The withdrawal must be made by notice given to the person and stating the reasons for the decision. (4) The decision takes effect— (a) on the day the notice is given to the person; or (b) if a later day of effect is stated in the notice—on the later day. Subdivision 4 Application of net proceeds of games 35 Application of net proceeds of games A person must not use or apply the net proceeds of a category 1, 2 or 3 game other than for a purpose for which the game was conducted. Maximum penalty—100 penalty units. Part 4 Licences Division 1 Types and form 36 Types of general licences The following types of general licence may be issued under this Act— (a) a bingo centre licence; (b) a category 3 gaming licence; (c) a lucky envelope printer licence; (d) a special category 3 gaming licence. 37 Form, content and term of general licences (1) A general licence must— (a) be in the approved form; and (b) include the following particulars— (i) the licensee's name; (ii) the date of issue; (iii) the term for which it is issued; (iv) its conditions; (v) other particulars prescribed under a regulation. (2) A general licence is issued for the following term— (a) for a bingo centre licence—1 year; (b) for a category 3 gaming licence—1 year; (c) for a lucky envelope printer licence—5 years; (d) for a special category 3 gaming licence—4 months. Division 2 Issue and renewal 38 Who may apply for a bingo centre licence (1) For the purpose of an application for a bingo centre licence, an association must be established that complies with subsection (2). (2) An applicant for a bingo centre licence (the applicant association) must be an association— (a) incorporated under the Associations Incorporation Act 1981; and (b) the ordinary members of which consist only of individuals appointed by eligible associations conducting, or intending to conduct, bingo at the premises for which the licence is sought. (3) An eligible association may appoint an individual as an ordinary member of the applicant association if the individual is an ordinary member of the eligible association. (4) The number of individuals appointed to the applicant association by each eligible association must be the same. 39 Who may apply for category 3 gaming licence An applicant for a category 3 gaming licence must be— (a) an incorporated eligible association; or (b) a parents and citizens association formed under the Education (General Provisions) Act 2006; or (c) a parents and friends association formed for a non-State school accredited under the Education (Accreditation of Non-State Schools) Act 2017; or (d) a registered political party under the Electoral Act 1992. 40 Who may apply for a lucky envelope printer licence An applicant for a lucky envelope printer licence must be a corporation. 41 Who may apply for a special category 3 gaming licence An applicant for a special category 3 gaming licence must be a person intending to conduct a single art union for the welfare or benefit of— (a) individuals who need help because of a disaster; or (b) a disadvantaged individual. Example of disadvantaged individual— an individual who is financially disadvantaged 42 Special category 3 gaming licence not renewable A special category 3 gaming licence is not renewable. 43 Application for issue or renewal of a general licence (1) An application must— (a) be made to the chief executive in the approved form; and (b) be accompanied by the application fee, if any, prescribed under a regulation. (1A) Subsection (1B) applies if— (a) the application is for, or for the renewal of, a category 3 gaming licence; and (b) at the time the application is made, the applicant intends entering into a third party operator agreement. (1B) The applicant must include a copy of the proposed agreement with the application. Note— See part 3, division 1A (Third party operator agreements). (2) The application must be made in the time prescribed under a regulation. (3) The chief executive may, by notice, ask the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application. (4) The applicant must comply with the request within the reasonable time stated in the notice. 44 Consideration of application The chief executive must consider the application and any additional information or document given to the chief executive under section 43, and either grant or refuse to grant the application. 45 Conditions for granting application (1) The chief executive may grant an application for a licence, other than a special category 3 licence, only if the chief executive is satisfied— (a) the applicant is a suitable person to hold the licence; and (b) each business or executive associate of the applicant is a suitable person to be associated with the applicant's proposed operations under the licence. (2) The chief executive may grant an application for a special category 3 gaming licence to conduct an art union only if the chief executive is satisfied— (a) the applicant is a suitable person to hold the licence, or, if the application is made for an unincorporated association, each management member of the association would be a suitable person to hold the licence if the member were the applicant; and (b) it is reasonable to grant the licence because of the exceptional circumstances of the case. Examples of exceptional circumstances for subsection (2)— 1 a financially disadvantaged individual requires urgent medical treatment 2 a financially disadvantaged individual requires financial assistance to participate in an international sporting event (3) However, the chief executive may refuse to grant an application for a licence even if the chief executive is satisfied of the matters mentioned in subsection (1) or (2). 46 Suitability of applicant to hold general licence In deciding whether the applicant, or a management member of the applicant, is a suitable person as mentioned in section 45, the chief executive may have regard to any relevant matter, including the following— (a) the applicant or management member's character or business reputation; (b) the applicant or management member's current financial position and financial background; (c) if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure for conducting the licensee's proposed operations under the licence; (d) whether the applicant or management member has, or is able to obtain, the services of persons who have— (i) financial resources the chief executive considers adequate to ensure the financial viability of operations conducted under the licence; and (ii) appropriate experience to ensure the proper and successful conduct of the applicant's proposed operations under the licence; (e) for an application for a category 3 gaming licence or a special category 3 gaming licence—whether the applicant has in place adequate corporate governance practices for the planning, supervising and reporting of category 3 games; (f) if the application is for a category 3 gaming licence and the applicant intends entering into a third party operator agreement—the proposed agreement including whether it complies with section 22A(2); (g) if the application is for a category 3 gaming licence and the applicant has entered into a third party operator agreement—the agreement including whether it complies with section 22A(2); (h) if the applicant or management member has a business or executive association with another person— (i) the other person's character or business reputation; and (ii) the other person's current financial position and financial background. 47 Suitability of business and executive associates of applicant In deciding whether a business or executive associate of the applicant is a suitable person to be associated with the applicant's proposed operations under the licence, the chief executive may have regard to any relevant matter including the following— (a) the associate's character or business reputation; (b) the associate's current financial position and financial background; (c) if the associate has a business or executive association with another person— (i) the other person's character or business reputation; and (ii) the other person's current financial position and financial background. 48 Investigations of suitability of applicant (1) The chief executive may investigate the applicant, or a management member of the applicant, to decide whether the applicant or management member is a suitable person to hold the licence. (2) The chief executive may investigate a business or executive associate of the applicant to decide whether the business or executive associate is a suitable person to be associated with the applicant's proposed operations under the licence. 49 Criminal history reports for investigations (1) If the chief executive, in investigating a person under section 48, 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. (2) The report must contain— (a) all relevant information the commissioner possesses; and (b) all relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) all other relevant information to which the commissioner has access. 50 Inspection before issue or renewal of general licence (1) For deciding the application, the chief executive may ask an inspector— (a) to enter and inspect a place that is being, or is proposed to be, used— (i) for conducting general gaming; or (ii) for printing lucky envelopes; and (b) to inspect and test equipment that is being, or is proposed to be used for conducting games or printing lucky envelopes. (2) The inspector may enter the place under section 119 and carry out the inspection and testing. (3) For the purposes of the application, the applicant must consent to the entry. 51 Other matters chief executive may have regard to in deciding applications for bingo centre licences (1) In deciding whether to grant an application for a bingo centre licence, the chief executive may also have regard to whether— (a) the applicant is capable of complying with this Act; and (b) the practices and procedures followed, or proposed to be followed, by the applicant in conducting the bingo centre are adequate to ensure, to the greatest extent reasonably possible— (i) the integrity of bingo games conducted at the bingo centre; and (ii) the elimination of opportunity for practices that could damage public confidence in bingo games conducted at the bingo centre; and (c) the premises and the facilities provided, or to be provided, at the bingo centre, including facilities for conducting bingo, are suitable and of an appropriate standard for conducting bingo. (2) Subsection (1) does not limit the matters the chief executive may have regard to in deciding whether to grant or refuse the application. 52 Other matters to be considered by chief executive in deciding applications for category 3 gaming licences (1) In deciding whether to grant an application for a category 3 gaming licence, the chief executive may also have regard to— (a) whether the applicant is capable of complying with this Act; and (b) whether the applicant is fulfilling or is able to fulfil the objects for which the applicant was formed. (2) Subsection (1) does not limit the matters the chief executive may consider in deciding whether to grant or refuse the application. 53 Other matters to be considered by chief executive in deciding applications for lucky envelope printer licences (1) In deciding whether to grant an application for a lucky envelope printer licence, the chief executive may also have regard to whether— (a) the applicant is capable of complying with this Act; and (b) the facilities provided, or to be provided, by the applicant are adequate for printing lucky envelopes; and (c) the practices and procedures followed, or proposed to be followed, by the applicant in printing lucky envelopes are adequate to ensure, to the greatest extent reasonably possible— (i) the integrity of lucky envelopes; and (ii) the elimination of opportunity for practices that could damage public confidence and trust in buying lucky envelopes as a worthwhile way of supporting fundraising activities by persons for charitable and non-profit purposes. (2) Subsection (1) does not limit the matters the chief executive may have regard to in deciding whether to grant or refuse the application. 54 Decision on application (1) Subject to subsection (2), if the chief executive decides to grant an application, the chief executive must immediately issue or renew the licence. (2) The chief executive may issue or renew the licence only if the applicant has given the chief executive the licence or renewal fee prescribed under a regulation. (3) If the chief executive decides to refuse to grant the application, the chief executive must immediately give the applicant an information notice about the decision. Division 3 Conditions 55 Conditions imposed on issue or renewal of general licence (1) The chief executive may issue or renew a general licence on conditions the chief executive considers necessary or desirable— (a) in the public interest; or (b) for the proper conduct, by the licensee, of the activity authorised by the licence. Example— The chief executive may ask the applicant to give the chief executive a financial institution guarantee to ensure delivery of prizes for the games proposed to be conducted by the applicant. (2) If the chief executive decides to impose a condition on the issue or renewal of a general licence, the chief executive must immediately give the applicant an information notice about the decision. 56 Changing conditions of general licence (1) The chief executive may change the conditions of a general licence if the chief executive considers it is necessary or desirable to make the change— (a) in the public interest; or (b) for the licensee's proper conduct of the activity authorised by the licence. (2) If the chief executive decides to change the conditions, the chief executive must immediately give the licensee— (a) notice of the changed conditions; and (b) an information notice about the decision. (3) A change of conditions takes effect on— (a) the day the information notice is given to the licensee; or (b) if a later day is stated in the information notice—the later day. (4) The chief executive's power under subsection (1) includes the power to add conditions to an unconditional licence. 56A Recording change of conditions (1) If a general licensee receives an information notice under section 56(2), the licensee must return the licence to the chief executive within 7 days after receiving the notice, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units. (2) On receiving the licence, the chief executive must— (a) amend the licence to include the changed conditions and return it to the licensee; or (b) give the licensee a replacement licence showing the changed conditions. 57 Non-compliance with general licence conditions A general licensee must comply with the licence conditions. Maximum penalty— (a) for the first offence—40 penalty units; or (b) for a subsequent offence—100 penalty units. Division 4 Suspension and cancellation 58 Grounds for suspension or cancellation of general licence (1) Each of the following is a ground for suspending or cancelling a general licence— (a) the general licensee is not a suitable person to hold the licence, or, if the licensee is an unincorporated association, each management member of the association is not a suitable person to hold the licence if the member were the licensee; (b) for a general licence other than a special category 3 gaming licence—a business or executive associate of the general licensee is not a suitable person to be associated with the licensee's operations under the licence; (c) the general licensee is convicted of an offence against this Act or a gaming Act; (d) the general licensee is convicted of an indictable offence; (e) the general licensee fails to comply with a condition of the licence; (f) the general licensee fails to comply with a direction given by the chief executive about the licensee's management practices or conduct of general gaming; (g) the general licensee fails to discharge the licensee's financial commitments for the licensee's operations under the licence; (h) the general licensee is affected by bankruptcy action; (i) the general licensee is affected by control action under the Corporations Act; (j) a mortgagee is in possession of premises owned by the general licensee and used for general gaming under the licence. (2) For forming a belief that the ground mentioned in subsection (1)(a) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a proposed licensee is a suitable person to hold the licence. (3) For forming a belief that the ground mentioned in subsection (1)(b) exists, the chief executive may have regard to the same issues to which the chief executive may have regard in deciding whether a business or executive associate of a proposed licensee is a suitable person to be associated with the licensee's proposed operations under the licence. (4) For subsection (1)(h), a licensee is affected by bankruptcy action if the licensee— (a) is bankrupt; or (b) has compounded with creditors; or (c) has otherwise taken, or applied to take, advantage of any law about bankruptcy. (5) For subsection (1)(i), a licensee is affected by control action under the Corporations Act if the licensee— (a) has executed a deed of company arrangement under that Act; or (b) is the subject of a winding-up, whether voluntarily or under a court order, under that Act; or (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act. 59 Show cause notice (1) This section applies if the chief executive believes— (a) a ground exists to suspend or cancel a general licence; and (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and (c) either the integrity of general gaming, or the public interest, may be affected in an adverse and material way. (2) The chief executive must give the licensee a notice (a show cause notice) stating the following— (a) the action (the proposed action) the chief executive proposes taking under this division; (b) the grounds for the proposed action; (c) the facts and circumstances forming the basis for the grounds; (d) if the proposed action is suspension of the licence, the proposed suspension period; (e) that the licensee may make, within a stated period (the show cause period), written representations to show why the proposed action should not be taken. (3) The show cause period must be not less than 21 days after the show cause notice is given to the licensee. 60 Copy of show cause notice to be given to interested persons (1) The chief executive must immediately give a copy of the show cause notice to each person (an interested person) the chief executive believes has an interest in the licence if the chief executive considers— (a) the person's interest may be affected adversely by the suspension or cancellation of the licence; and (b) it is otherwise appropriate in the circumstances to give the copy to the person. (2) In considering whether it is appropriate to give the copy to an interested person, the issues to which the chief executive may have regard include the following— (a) the nature of the interested person's interest; (b) whether the licensee's interest may be improperly prejudiced. (3) An interested person to whom the copy is given may make written representations about the notice to the chief executive in the show cause period. 61 Consideration of representations The chief executive must consider all written representations (the accepted representations) made during the show cause period by— (a) the licensee; or (b) an interested person to whom a copy of the show cause notice is given. 62 Immediate suspension (1) The chief executive may suspend a general licence immediately if the chief executive reasonably believes— (a) a ground exists to suspend or cancel the licence; and (b) the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure the integrity of general gaming, or the public interest, is not affected in an adverse and material way. (2) The suspension— (a) must be effected by notice (a suspension notice) given to the licensee with a show cause notice; and (b) operates immediately the suspension notice is given; and (c) continues to operate until the show cause notice is finally dealt with. 63 Censuring general licensee (1) This section applies if the chief executive— (a) believes a ground exists to suspend or cancel a general licence; but (b) does not believe the giving of a show cause notice to the licensee is warranted. (2) This section also applies if, after considering the accepted representations for a show cause notice, the chief executive— (a) still believes a ground exists to suspend or cancel a licence; but (b) does not believe suspension or cancellation of the licence is warranted. (3) The chief executive may, by notice given to the general licensee, censure the licensee for a matter relating to the ground for suspension or cancellation. 64 Direction to rectify (1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive— (a) still believes a ground exists to suspend or cancel a general licence; but (b) considers a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the licensee an opportunity to rectify the matter. (2) The chief executive may, by notice given to the licensee, direct the licensee to rectify the matter within the period stated in the notice. (3) The period stated must be reasonable, having regard to the nature of the matter to be rectified. 65 Other action by chief executive (1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive still believes— (a) a ground exists to suspend or cancel a general licence; and (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and (c) either the integrity of general gaming, or the public interest, may be affected in an adverse and material way. (2) This section also applies if a general licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice. (3) The chief executive may— (a) if the proposed action stated in the show cause notice was to suspend the licence for a stated period, suspend the licence for not longer than the stated period; or (b) if the proposed action stated in the show cause notice was to cancel the licence— (i) suspend the licence for a period; or (ii) cancel the licence; or (iii) appoint an administrator to conduct the licensee's operations under the licence. (4) The chief executive must immediately give the licensee an information notice about the decision. (5) The decision takes effect on the later of the following— (a) the day the notice is given to the licensee; (b) the day of effect stated in the notice. 66 Terms of appointment and role of administrator (1) This section applies to an administrator appointed by the chief executive under section 65(3)(b)(iii) to conduct operations under a general licence. (2) The administrator holds office on terms decided by the chief executive. (3) The administrator— (a) has full control of, and responsibility for, the licensee's operations conducted under the licence; and (b) subject to any directions of the chief executive, must conduct the operations under this Act as if the administrator were the licensee. (4) The costs of and incidental to the administrator's conduct and administration of the licensee's operations under the licence are payable by the licensee. (5) This section and section 65(3)(b)(iii) apply despite the Corporations Act. 67 Cancellation or reduction of period of suspension (1) If a general licence is suspended, at any time the suspension is in force, the chief executive may, for any remaining period of the suspension— (a) cancel the period; or (b) reduce the period by a stated period. (2) The chief executive must immediately give notice of the decision to the licensee. Division 5 Investigations of licensees and associates 68 Audit program (1) The Minister may approve an audit program (an approved audit program) for investigating general licensees or business or executive associates of general licensees. (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. (3) A person may be investigated under an approved audit program only once every year. 69 Investigations (1) The chief executive may investigate a general licensee to decide whether the licensee is a suitable person to hold the general licence or, if the licensee is an unincorporated association, each management member of the association is a suitable person to hold the licence if the member were the licensee. (2) The chief executive may investigate a business or executive associate of the licensee to decide whether the associate is a suitable person to be associated with the licensee's operations under the licence. (3) However, the chief executive may investigate the licensee or management member only if— (a) the chief executive reasonably suspects the licensee or management member is not a suitable person to hold the licence; or (b) the investigation is made under an approved audit program. (4) Also, the chief executive may investigate a business or executive associate of the licensee only if— (a) the chief executive reasonably suspects the associate is not a suitable person to be associated with the licensee's operations under the licence; or (b) the investigation is made under an approved audit program; or (c) the associate— (i) became a business or executive associate of the licensee after the licence was issued; and (ii) has not been investigated previously under an approved audit program; or (d) the associate— (i) was a business or executive associate of the licensee when the licensee applied for the licence; and (ii) has not been investigated under section 48(2). 70 Requirement to give information or material for investigation (1) In investigating a general licensee or business or executive associate of a general licensee, the chief executive may, by notice given to the person being investigated, require the person to give the chief executive information or material that is relevant to the investigation. (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 for not complying with it. (3) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—200 penalty units. (4) It is a reasonable excuse for the person not to comply with the requirement if complying with it might tend to incriminate the person. 71 Reports about person's criminal history (1) If the chief executive, in making an investigation about a person under section 69, asks the commissioner of the police service for a written report about the person's criminal history, the commissioner must give the report to the chief executive. (2) The report must contain— (a) relevant information in the commissioner's possession; and (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the commissioner has access. Part 5 Compliance requirements Division 1 Rules 72 General gaming rules (1) The Minister may make rules about general gaming. (2) The Minister must notify the making of a rule on the department's website. (3) A rule takes effect— (a) on the day the making of the rule is notified on the department's website; or (b) if a later day is stated in the Minister's notice or the rule—on that day. (4) The chief executive must make a copy of the rule available for public inspection on the department's website. 73 Compliance with rules Each of the following persons must comply with the rules in conducting or participating in a game— (a) the person, including an administrator, conducting the game; (b) a player. Maximum penalty—40 penalty units. Division 2 General gaming records 74 Keeping general gaming records—category 2 or 3 games (1) A person conducting a category 2 or 3 game must keep records (general gaming records) about conduct of the game. Maximum penalty—20 penalty units. (2) The person must keep the records at one of the following places— (a) the person's principal place of business in Queensland; (b) if the person is a corporation whose registered office, under the Corporations Act, is in Queensland—its registered office; (c) another place approved by the chief executive. Maximum penalty—40 penalty units. 75 Keeping general gaming records—bingo centre licensees (1) The holder of a bingo centre licence must keep records (also general gaming records) about the conduct of each bingo game conducted at the centre. (2) The holder must keep the records in a safe place. Maximum penalty—20 penalty units. 76 Keeping general gaming records—lucky envelope printers (1) The holder of a lucky envelope printer licence must, for each game of lucky envelopes printed under the licence, keep records (also general gaming records) about the conduct of the activity authorised by the licence. (2) The holder must keep the records in a safe place. Maximum penalty—20 penalty units. 77 Period for which general gaming records to be kept (1) A person required to keep general gaming records must keep the records for 5 years after the end of the game to which the records relate. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to records if— (a) the information previously contained in the records is kept in another way approved by the chief executive; or (b) the records have been destroyed with the chief executive's approval. (3) Subsection (1) has effect subject to any other law about the retention or destruction of records. Division 3 Financial accounts and records 78 Keeping accounting records (1) A person conducting a category 2 or 3 game must— (a) keep accounting records correctly recording and explaining the financial transactions for the game; and (b) keep the accounting records in a way that allows— (i) true and fair financial statements and accounts to be prepared when necessary; and (ii) the financial statements and accounts to be conveniently and properly audited. Maximum penalty—100 penalty units. (2) A person conducting a category 1 game must keep accounting records correctly recording and explaining the transactions for the game. Maximum penalty—20 penalty units. (3) A person required to keep general gaming records must also keep (in addition to other records the person is required to keep) accounting records required under a regulation. Maximum penalty for subsection (3)—20 penalty units. 79 Preparing financial statements and accounts (1) This section applies to the holder of a category 3 gaming licence. (2) The holder must prepare financial statements and accounts as required by this section giving a true and fair view of the holder's financial operations for the game. Maximum penalty—40 penalty units. (3) The financial statements and accounts must include the following for each financial year the holder conducts the game— (a) trading accounts, if applicable; (b) profit and loss accounts; (c) a balance sheet as at the end of the financial year; (d) other information prescribed under a regulation. Division 4 Financial institution accounts 80 Keeping accounts A person conducting a category 3 game must keep a financial institution account for use for banking or similar transactions for the person's general gaming operations. Maximum penalty—40 penalty units. Division 5 Reports and returns 81 Submitting reports for category 3 games (1) A person conducting a category 3 game must give a written report to the chief executive as required by this section about the person's general gaming operations. Maximum penalty—40 penalty units. (2) The report must be given at the reasonable times stated in a notice given to the person by the chief executive. (3) After receiving a report under this section, the chief executive may, by a further notice given to the person, require the person to give the chief executive a further report within the reasonable time stated in the further notice to explain a matter contained in a previous report. (4) The person must not give the chief executive a report the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units. (5) It is enough for a complaint against a person for an offence against subsection (4) to state that the report was 'false or misleading' to the person's knowledge, without specifying which. 82 Submitting returns for category 3 games (1) A person conducting a category 3 game must give the chief executive the return, as required by this section, about each draw in the game. Maximum penalty—40 penalty units. (2) The person must give the return, in the approved form— (a) if the game is conducted under a special category 3 gaming licence—within 2 months after the last draw in the game; or (b) otherwise—within the time, after the last draw, required by the chief executive by notice given to the person. 83 Submitting returns for other games (1) This section applies if the chief executive, by notice given to a person conducting a category 1, 2 or 4 game, asks the person to give the chief executive a return about the game or, for bingo, the bingo session. (2) The person must give the return, in the approved form, within the time stated in the notice. Maximum penalty—40 penalty units. 84 [Repealed] 84A False or misleading returns (1) A person must not give the chief executive a return, under section 82 or 83, the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1) to state that the return was 'false or misleading' to the person's knowledge, without specifying which. Division 6 Audit 85 Definition for div 6 In this division— accountant means— (a) a member of the Institute of Chartered Accountants in Australia who holds a current certificate of public practice issued by the institute; or (b) a member of CPA Australia who holds a current public practice certificate issued by CPA Australia; or (c) a person registered as an auditor under the Corporations Act; or (d) a member of the Institute of Public Accountants who holds a current public practice certificate issued by the institute; or (e) a person approved by the chief executive as having the necessary experience or qualifications to be an accountant for this section. 86 Audit for category 1 or 4 gaming operations (1) This section applies if— (a) a person is conducting category 1 or 4 gaming; and (b) the chief executive considers it necessary in the public interest, or for the proper conduct of general gaming, that the person's financial accounts, records and statements for the person's category 1 or 4 gaming operations be audited. (2) The chief executive may, by notice given to the person, require the person, as soon as practicable after the end of the financial year nominated in the notice, to ensure the accounts, records and statements are audited by an accountant. (3) The person must comply with the notice unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (4) The person must pay the cost of the audit. 87 Audit for category 2 or 3 gaming operations (1) This section applies to a person conducting— (a) a category 2 game if the gross proceeds of the game are more than the amount prescribed under a regulation; or (b) a category 3 game. (2) The person must, as soon as practicable after the end of each financial year in which the person conducts the game, ensure the person's financial accounts, records and statements for the person's general gaming operations for the game are audited by an accountant. Maximum penalty—40 penalty units. (3) The person must pay the cost of the audit. 88 Audit—bingo centre licensees (1) The holder of a bingo centre licence must, as soon as practicable after the end of each financial year, ensure the holder's financial accounts, records and statements for the holder's operations under the licence are audited by an accountant. Maximum penalty—40 penalty units. (2) The holder must pay the cost of the audit. 89 Audit—lucky envelope printers (1) The holder of a lucky envelope printer licence must ensure the financial accounts, records and statements for