Queensland: Interactive Gambling (Player Protection) Act 1998 (Qld)

Interactive Gambling (Player Protection) Act 1998 An Act to regulate interactive gambling and for other purposes Part 1 Preliminary Division 1 Formal provisions 1 Short title This Act may be cited as the Interactive Gambling (Player Protection) Act 1998. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Objects 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 interactive gambling. (2) The balance is achieved by allowing interactive gambling 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 interactive gambling; and (c) minimising the potential for harm from interactive gambling. (3) Within the overarching object, the following objects are included— (a) to establish and maintain an appropriate system of regulation and control for interactive gambling; (b) to provide protection for players of interactive games; (c) to provide a basis for implementing an interjurisdictional regulatory scheme for— (i) the reciprocal recognition between participating jurisdictions of licences, authorisations and other administrative acts; and (ii) the regulation and control of interactive gambling in the participating jurisdictions on a cooperative basis; and (iii) the sharing of tax derived from interactive gambling on an equitable basis. Division 3 Basic concepts and definitions 4 Meaning of game A game includes a scheme or arrangement. 5 Meaning of player A player is a person who participates in an interactive game. 6 Meaning of interactive game (1) An interactive game is a game in which— (a) a prize consisting of money or something else of value is offered or can be won under the rules of the game; and (b) a player— (i) enters the game or takes any step in the game by means of a telecommunication device; and (ii) gives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and (c) the winner of a prize is decided— (i) wholly or partly by chance; or (ii) by a competition or other activity in which the outcome is wholly or partly dependent on the player's skill. (2) However, the following are not interactive games— (a) wagering conducted under the Racing Integrity Act 2016 if— (i) a person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and (ii) either— (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002; or (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016; (b) wagering conducted under a wagering licence under the Wagering Act 1998; (c) a game under the Charitable and Non-Profit Gaming Act 1999, unless the game is declared by a regulation made under subsection (3) to be an interactive game despite this exclusion; (d) a lottery, other than the lottery known as 'instant scratch-its' or another instant lottery, conducted under a lottery operator's licence under the Lotteries Act 1997; (e) a game authorised under a gaming Act in which the players may participate by means of telecommunication devices but only from designated commercial sites connected to a telecommunication network. (3) A game that would, but for the exclusion in subsection (2)(c), be an interactive game is taken to be an interactive game despite the exclusion if— (a) having regard to the nature, value, or frequency of prizes offered in the game and other matters the Minister considers relevant, the Minister considers the game should be brought within the ambit of this Act; and (b) a regulation is made, on the Minister's recommendation, declaring the game to be an interactive game despite the exclusion. 7 Dictionary The dictionary in schedule 3 defines particular words used in this Act. Division 4 Territorial application 8 Territorial application of this Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. Part 2 Interactive gambling Division 1 The cooperative scheme 9 General features of the regulatory scheme (1) This Act contemplates a cooperative scheme between Queensland and other jurisdictions for the regulation and control of interactive gambling. (2) However, this Act is not dependent on participation by any other jurisdiction in the regulatory scheme. (3) The regulation and control of interactive gambling is to be achieved through a statutory scheme consisting of this Act and the corresponding laws of participating jurisdictions for the licensing and control of persons who conduct, or exercise an important role in the conduct of, interactive games. 10 Declaration of participating jurisdictions and corresponding law (1) If the Minister is satisfied the law of another jurisdiction is compatible with this Act, the Governor in Council may, on the Minister's recommendation, declare— (a) the other jurisdiction is to be regarded under this Act as a participating jurisdiction; and (b) the relevant law of the other jurisdiction (including the law as amended or substituted from time to time) is to be regarded as a corresponding law. (2) However, a declaration is not to be made under this section unless the Minister has entered into an agreement (an intergovernmental agreement) with the prospective participating regulator that makes, in the Minister's opinion, adequate provision for the following matters— (a) the taxation of authorised games on a uniform or consistent basis; (b) collaboration between gaming officials and officers of the other jurisdiction engaged in the administration of the relevant law of the other jurisdiction; (c) mutual recognition of licences and administrative acts between jurisdictions; (d) sharing of tax revenue derived from interactive gambling on an equitable basis. (3) If the Minister considers the law of a participating jurisdiction is no longer compatible with this Act, or the intergovernmental agreement with the participating jurisdiction is not operating satisfactorily, the Governor in Council may, on the Minister's recommendation, declare— (a) the other jurisdiction is, as from a specified date, no longer to be regarded as a participating jurisdiction; and (b) the relevant law of the other jurisdiction is, as from a specified date, no longer to be regarded as a corresponding law. (4) A declaration under this section is to be made by regulation. Division 2 Authorised providers and authorised games 11 Meaning of licensed provider , external provider and authorised provider (1) A licensed provider means a person who is licensed under this Act to conduct interactive games. (2) An external provider is a person who is licensed under the corresponding law of a participating jurisdiction to conduct interactive games. (3) An authorised provider is a person who is licensed under this Act, or under the corresponding law of a participating jurisdiction, to conduct interactive games. 12 Meaning of authorised game (1) An authorised game is an interactive game that— (a) a licensed provider is authorised to conduct under this division; or (b) an external provider is authorised to conduct under the corresponding law of the participating jurisdiction in which the provider is licensed. (2) However, a game that an external provider is authorised to conduct under a corresponding law (an externally authorised game) is not to be regarded as an authorised game if the external provider is prohibited from conducting the game in Queensland by order under subsection (3). (3) If the Minister believes the conduct of an externally authorised game in Queensland is contrary to the public interest, the Minister may, by written notice given to the external provider authorised under the corresponding law to conduct the game, prohibit conduct of the game in Queensland. (4) The Minister may only impose a prohibition under subsection (3) after giving the external provider and the relevant participating regulator written notice of the proposed prohibition and the reasons for it and allowing each of them a reasonable opportunity to make representations. (5) If the Minister imposes a prohibition under subsection (3) the Minister must promptly give the relevant participating regulator a copy of the notice imposing the prohibition. 12A Meaning of exempt game (1) Wagering that is an interactive game is an exempt game if— (a) it is conducted by a betting operator under a licence or other authority, or an exemption, under a law of another State or the Commonwealth; and (b) a person places a wager with or through the betting operator using a telecommunication device; and (c) the betting operator does not directly or indirectly make available, or in any way facilitate the provision of, the telecommunication device used to place the wager. (2) In this section— betting operator see the Betting Tax Act 2018, section 12. 13 Authorisation to conduct interactive games (1) The Minister may, on application by a licensed provider, authorise the provider to conduct a particular interactive game on conditions stated in the instrument of approval. (2) The conditions of authorisation apply to the conduct of the game both within and outside Queensland. (3) The Minister has an absolute discretion to refuse to authorise an interactive game for which the Minister's authorisation is sought. (4) If the Minister decides to refuse an application, the Minister must promptly give the applicant written notice of the decision and the reasons for it. 14 Change to conditions of authorisation (1) The Minister may, by written notice given to a licensed provider, change the conditions on which a particular interactive game is authorised if the Minister is of the opinion— (a) the conditions are not stringent enough to prevent cheating or other contravention of this Act; or (b) compliance with the conditions can not be effectively monitored or enforced; or (c) there is some other good reason to change the conditions. (2) However, the Minister may only change the conditions of an authorisation under this section after giving the licensed provider written notice of the proposed change of conditions and the reasons for it and allowing the licensed provider a reasonable opportunity to make representations. 15 Revocation of authorisation (1) The Minister may, by written notice given to a licensed provider, revoke the authorisation for a particular interactive game if the Minister is of the opinion— (a) the licensed provider has contravened a condition of the authorisation; or (b) compliance with the conditions of the authorisation can not be effectively monitored or enforced; or (c) there is some other good reason to revoke the authorisation. (2) However, the Minister may only revoke an authorisation under this section after giving the licensed provider written notice of the proposed revocation and the reasons for it and allowing the licensed provider a reasonable opportunity to make representations. 16 Penalty for conduct of, or participation in, unauthorised interactive gambling (1) A person must not conduct an interactive game wholly or partly in Queensland, or allow a person who is in Queensland to participate in an interactive game, unless— (a) both of the following apply— (i) the game is an authorised game; (ii) the person is authorised under this Act or a corresponding law to conduct the game; or (b) the game is an exempt game. Maximum penalty—200 penalty units or 2 years imprisonment. (2) A person in Queensland must not participate in, or encourage or facilitate participation by another in, an interactive game knowing that the game is not an authorised game or an exempt game. Maximum penalty for subsection (2)—40 penalty units. Division 3 Conduct of authorised games 17 Player registration (1) A licensed provider must not permit a person to participate as a player in an authorised game unless the person is registered with the provider as a player. Maximum penalty—200 penalty units or 2 years imprisonment. (2) A person must not participate as a player in an authorised game unless the person is registered with the authorised provider who conducts the game as a player. Maximum penalty—40 penalty units. 18 Procedure for registration (1) A licensed provider (or agent) may only register a person as a player on receipt of an application for registration in an approved form. (2) A person is not eligible for registration as a player unless the person produces evidence of a kind required by the chief executive— (a) of the person's— (i) identity; and (ii) place of residence; and (b) that the person is at least 18 years of age. (3) A person may be registered as an unrestricted or restricted player. (4) A person who is registered as a restricted player may subsequently be registered as an unrestricted player. (5) If a person registered as a restricted player is subsequently registered as an unrestricted player, the person's registration as a restricted player is cancelled. (6) Unless sooner cancelled under subsection (5), a person's registration as a restricted player ceases to have effect at the end of— (a) the period prescribed under a regulation; or (b) if the chief executive extends the period—the period as extended. 19 Restrictions for registration (1) A licensed provider, or an agent of a licensed provider, must not register a person as an unrestricted player unless— (a) the person's identity has been authenticated under the licensed provider's control system; and (b) the person's place of residence has been verified under the licensed provider's control system; and (c) the person's age has been verified under the licensed provider's control system to be at least 18. Maximum penalty—200 penalty units. (2) A licensed provider, or an agent of a licensed provider, must not register a person as a restricted player unless— (a) the registration is carried out in accordance with the licensed provider's control system; and (b) the licensed provider has informed the person in writing of the effect of sections 20(4), 20A and 22A. Maximum penalty—200 penalty units. 20 Player's account (1) A player's account is an account— (a) in the name of the player— (i) at a financial institution; or (ii) with a body prescribed under a regulation; and (b) against which the licensed provider has a right to debit the amount of a wager. (2) A player's account must be established on the basis mentioned in this section. (3) A player's account must be established on a basis under which, while the player is an unrestricted player, the player may only have direct recourse to the funds in the account— (a) to obtain the balance of funds in the account and close the account; or (b) to obtain the whole or part of the amount paid into the account as a prize in an authorised game; or (c) as authorised by the licensed provider or chief executive. (4) Also, a player's account must be established on a basis under which, while the player is a restricted player, the player may not— (a) have recourse to funds in the account to obtain the whole or part of the balance of the funds in the account; or (b) close the account if there is a balance standing to the credit of the account. (5) Subsection (4) applies whether the balance— (a) consists of amounts deposited into the account by the player (deposited amounts); or (b) consists of amounts paid into the account as prizes in authorised games (winnings); or (c) consists partly of deposited amounts and partly of winnings. 20A Restrictions on deposits for player's account A licensed provider must not, for the player's account of a restricted player, permit the player— (a) to make a deposit that is more than the amount prescribed under a regulation (the fixed amount); or (b) in a period prescribed under a regulation, to make deposits totalling more than the fixed amount. Maximum penalty—200 penalty units. 21 Acceptance of wagers A licensed provider must not accept a wager from a player in an authorised game unless— (a) a player's account has been established in the name of the player and there are adequate funds in the account to cover the amount of the wager; or (b) the funds necessary to cover the amount of the wager are provided in a way authorised under a regulation. 22 Player to be bound by rules of the game A player who participates in an authorised game must comply with rules of the game as notified to the player under the conditions on which the game is authorised. Maximum penalty—40 penalty units. 22A Accounting for account balances for restricted players (1) This section applies if— (a) a person's registration as a restricted player ceases to have effect because of section 18(6); and (b) when the registration ceases to have effect, an amount (the account balance) is standing to the credit of a player's account established in the name of the person. (2) The licensed provider must pay the account balance to the chief executive. (3) If an amount of the account balance is not paid by the licensed provider, the State may recover the amount from the provider as a debt. Division 4 Restriction of gambling venues 23 Use of premises for interactive gambling A person must not— (a) advertise that premises are available for playing interactive games; or (b) seek to obtain a commercial advantage from the use of premises for playing interactive games. Maximum penalty—200 penalty units or 2 years imprisonment. Division 5 Exemption schemes 24 Meaning of exemption scheme An exemption scheme is a scheme exempting the licensed provider authorised to conduct interactive games under the scheme (the exempted provider) from the application of specified provisions of this Act to an extent prescribed in the scheme. 25 Approval of exemption scheme (1) The Minister may approve an exemption scheme if the Minister is satisfied, on application by a licensed provider or an applicant for an interactive gambling licence— (a) the exemption scheme complies with the criteria for approval of exemption schemes; and (b) the approval of the exemption scheme is warranted in the circumstances of the particular case. Examples— 1 The Minister may consider an exemption scheme warranted if the interactive games are to be conducted by or for the benefit of a charity and the proceeds are to be devoted to charitable purposes. 2 The Minister may consider an exemption scheme warranted if a game authorised under another Act involves interactive elements (and therefore falls within the definition of an interactive game) but is to be substantially conducted under the other Act. (2) An exemption scheme complies with the criteria for approval of exemption schemes if (and only if) the Minister is satisfied— (a) the standards of probity required under this Act for providers of interactive games and those involved in the conduct of interactive games will not be compromised by the approval of the scheme; and (b) adequate and appropriate safeguards will exist to ensure the fairness of the interactive games to be conducted under the scheme and to protect the interests of players; and (c) adequate and appropriate safeguards will exist to prevent participation in the interactive games to be conducted under the scheme by minors; and (d) the scheme provides for other adequate and appropriate safeguards to ensure that the public interest is not affected in an adverse and material way by the conduct of interactive games under the scheme. (3) For this Act, a game authorised under an approved exemption scheme is an authorised game. 26 Cancellation of approval (1) The Minister may, by written notice to an exempted provider, cancel the approval of an exemption scheme if the Minister is of the opinion the scheme no longer complies with the criteria for approval of exemption schemes. (2) However, the Minister may only cancel the approval of an approved exemption scheme after giving the exempted provider written notice of the proposed cancellation and the reasons for it and allowing the exempted provider a reasonable opportunity to make representations. 27 Termination of approved exemption scheme An approved exemption scheme terminates if— (a) the approval was given for a specified period and the period comes to an end; or (b) the Minister cancels the approval under this division. 28 Gazette notice (1) The Minister must have notice published in the gazette of— (a) the approval of an exemption scheme; or (b) the cancellation of the approval of an exemption scheme. (2) Notice of the approval of an exemption scheme must state an address at which interested members of the public may inspect, or obtain a copy of, the exemption scheme. Division 6 General validation of authorised activities 29 Lawful activities Despite any other law, the following activities are lawful— (a) the conduct of an authorised game, under this Act, by a person authorised under this Act or a corresponding law to conduct the game; (b) the advertisement and promotion (subject to this Act) of an authorised game; (c) activities of an agent conducted under this Act and the relevant agency agreement; (d) participation (subject to this Act) as a player in an authorised game; (e) the doing of anything else required or authorised to be done under this Act. Part 3 Interactive gambling licences Division 1 Applications for, and issue of, interactive gambling licences 30 Application for interactive gambling licence (1) An application for an interactive gambling licence must be in an approved form. (2) An application must be accompanied by any application fee prescribed under a regulation. (3) The Minister may, by written notice given to an applicant for an interactive gambling licence, require the applicant to give the Minister further information or a document that is necessary and reasonable to help the Minister decide the application. 31 Consideration of application (1) The Minister must consider an application for an interactive gambling licence and either grant or refuse to grant the application. (2) Despite subsection (1), the Minister is required to consider an application for an interactive gambling licence by a natural person only if the applicant agrees to having the applicant's photograph and fingerprints taken. 32 Conditions for granting application (1) The Minister may grant an application for an interactive gambling licence only if the Minister is satisfied— (a) the applicant is a suitable person to hold an interactive gambling licence; and (b) each business or executive associate of the applicant is a suitable person to be associated with a licensed provider's operations. (2) However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (1). 33 Suitability of applicant to hold interactive gambling licence (1) In deciding whether an applicant is a suitable person to hold an interactive gambling licence, the Minister may have regard to the following matters— (a) the applicant's character or business reputation; (b) the applicant'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; (d) whether the applicant has, or is able to obtain, appropriate resources and appropriate services; (e) whether the applicant has the appropriate business ability to conduct interactive games successfully under an interactive gambling licence; (f) if the applicant has a business association with another entity— (i) the entity's character or business reputation; and (ii) the entity's current financial position and financial background; (g) anything else prescribed under a regulation. (2) In subsection (1)— appropriate resources means financial resources— (a) adequate, in the Minister's opinion, to ensure the financial viability of operations conducted under an interactive gambling licence; and (b) available from a source that is not, in the Minister's opinion, tainted with illegality. appropriate services means the services of persons who have appropriate experience to ensure the proper and successful conduct of interactive games. 34 Suitability of business and executive associates In deciding whether a business or executive associate of an applicant for an interactive gambling licence is a suitable person to be associated with a licensed provider's operations, the Minister may have regard to the following matters— (a) the person's character or business reputation; (b) the person's current financial position and financial background; (c) if the person has a business association with another entity— (i) the entity's character or business reputation; and (ii) the entity's current financial position and financial background; (d) anything else prescribed under a regulation. 35 Investigations of suitability of persons (1) The chief executive may investigate an applicant for an interactive gambling licence to help the Minister decide whether the applicant is a suitable person to hold an interactive gambling licence. (2) The chief executive may investigate a business or executive associate of an applicant for an interactive gambling licence to help the Minister decide whether the business or executive associate is a suitable person to be associated with a licensed provider's operations. 36 Decision on application (1) If the Minister decides to grant an application for an interactive gambling licence, the Minister must promptly issue an interactive gambling licence to the applicant. (2) If the Minister decides to refuse to grant an application for an interactive gambling licence, the Minister must promptly give the applicant written notice of the decision. 37 Conditions of licence The Minister may issue an interactive gambling licence— (a) on conditions the Minister considers necessary or desirable for the proper conduct of interactive games; and (b) on other conditions the Minister considers necessary or desirable in the public interest. 38 Form of licence (1) An interactive gambling licence must be in the approved form. (2) The approved form must provide for the inclusion of the following particulars— (a) the licensed provider's name; (b) the date of issue of the licence; (c) the term for which the licence is (subject to this Act) to remain in force; (d) the conditions of the licence; (e) other particulars prescribed under a regulation. 39 Changing conditions of licence (1) The Minister may decide to change the conditions of an interactive gambling licence, if the Minister considers it is necessary or desirable to make the change for the proper conduct of authorised games by the licensed provider or otherwise in the public interest. (2) However, if a condition of an interactive gambling licence is designated in the licence as a condition that may be changed only by agreement between the Minister and the licensed provider, the condition may be changed only by agreement between those persons. (3) If the Minister decides to change conditions of an interactive gambling licence under this section, the Minister must promptly give the licensed provider written notice of the change (a condition notice) and the reasons for the change. (4) The power of the Minister under subsection (1) includes the power to add conditions to an unconditional licence. 40 Return of licence for endorsement of changed conditions (1) The licensed provider must return the licence to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the licensed provider has a reasonable excuse. Maximum penalty—40 penalty units. (2) On receiving the interactive gambling licence, the Minister must— (a) amend the licence in an appropriate way and return the amended licence to the licensed provider; or (b) if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions, to the licensed provider. (3) A change of conditions does not depend on the interactive gambling licence being amended to record the change or a replacement licence being issued. (4) A change of conditions takes effect on a day agreed between the Minister and the licensed provider or, in the absence of an agreement, the later of the following— (a) the day the condition notice notifying the change is given to the licensed provider; (b) if a later day is stated in the condition notice—the later day. Division 2 General provisions about interactive gambling licences 41 Interactive gambling licence not to be transferable (1) An interactive gambling licence can not be transferred. (2) However, if an interactive gambling licence is mortgaged, charged or encumbered with the written approval of the Minister, this section does not prevent the transfer of the licence, subject to section 42, by way of enforcement of the security. 42 Mortgage and assignment of interactive gambling licence (1) A licensed provider must not mortgage, charge or otherwise encumber the licence except with the written approval of the Minister. (2) If a person has a right to sell and transfer an interactive gambling licence under or because of a mortgage, charge or encumbrance, the licence may only be sold and transferred to a person approved by the Minister. (3) Before the Minister approves the transfer of an interactive gambling licence under this section, the Minister must be satisfied that— (a) the proposed transferee is a suitable person to hold an interactive gambling licence; and (b) each business and executive associate of the proposed transferee is a suitable person to be associated with a licensed provider's operations. (4) The Minister may require the proposed transferee of an interactive gambling licence to submit an application for the licence and may deal with the application, and investigate the suitability of the proposed transferee and the proposed transferee's business and executive associates, in the same way as if the application were an application for a new interactive gambling licence. (5) If a person has under, or because of, a mortgage, charge or encumbrance a power to appoint a receiver or manager of the business conducted under an interactive gambling licence, the power may only be exercised if the Minister first approves the proposed receiver or manager in writing. 43 Surrender of interactive gambling licence (1) A licensed provider may surrender the licence by written notice given to the Minister. (2) The surrender takes effect— (a) if paragraph (b) does not apply— (i) 3 months after the notice is given; or (ii) if a later day of effect is stated in the notice—on the later day; or (b) if the Minister, by written notice, 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. Division 3 Suspension and cancellation of interactive gambling licences 44 Grounds for suspension or cancellation (1) Each of the following is a ground for suspending or cancelling an interactive gambling licence— (a) the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; (b) a business or executive associate of the licensed provider is not, or is no longer, a suitable person to be associated with a licensed provider's operations; (ba) a business or executive associate of the licensed provider is a person whom the provider is required to ensure is not a business or executive associate under a regulation under section 263(4)(b); (c) the licensed provider has been convicted of an offence against this Act, a gaming Act or a corresponding law; (d) the licensed provider has been convicted of an indictable offence; (e) the licensed provider has contravened a condition of the interactive gambling licence; (f) the licensed provider has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence); (g) the licensed provider has failed to discharge financial commitments for the licensed provider's operations; (h) the licensed provider is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy; (i) the licensed provider is affected by control action under the Corporations Act; (j) the interactive gambling licence was obtained by a materially false or misleading representation or in some other improper way. (2) For forming the belief that the ground mentioned in subsection (1)(a) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold an interactive gambling licence. (3) For forming the belief that the ground mentioned in subsection (1)(b) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with a licensed provider's operations. (4) For subsection (1)(i), a licensed provider is affected by control action under the Corporations Act if the licensed provider— (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. 45 Show cause notice (1) This section applies if the Minister believes— (a) a ground exists to suspend or cancel an interactive gambling licence; and (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and (c) either— (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or (ii) the public interest may be affected in an adverse and material way. (2) The Minister must give the licensed provider a written notice (a show cause notice) that— (a) states the action (the proposed action) the Minister proposes taking under this division; and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is suspension of the interactive gambling licence—states the proposed suspension period; and (e) invites the licensed provider to show within a stated period (the show cause period) why the proposed action should not be taken. (3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the licensed provider. 46 Copy of show cause notice to be given to interested persons (1) The Minister must promptly give a copy of the show cause notice to— (a) each participating regulator; and (b) each person (an interested person) the Minister believes has an interest in the interactive gambling licence if the Minister considers— (i) the person's interest may be affected adversely by the suspension or cancellation of the licence; and (ii) it is otherwise appropriate in the circumstances to give the copy of the notice to the person. (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— (a) the nature of the interested person's interest; (b) whether the licensed provider's interest may be improperly prejudiced. (3) A 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. 47 Consideration of representations The Minister must consider all written representations (the accepted representations) made during the show cause period by— (a) the licensed provider; or (b) any participating regulator or interested person to whom a copy of the show cause notice is given. 48 Immediate suspension (1) The Minister may suspend an interactive gambling licence immediately if the Minister 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— (i) the public interest is not affected in an adverse and material way; or (ii) the integrity of the conduct of interactive games by the licensed provider is not jeopardised in a material way. (2) The suspension— (a) must be effected by written notice (a suspension notice) given to the licensed provider 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. 49 Censuring licensed provider (1) This section applies if the Minister— (a) believes a ground exists to suspend or cancel an interactive gambling licence; but (b) does not believe the giving of a show cause notice to the licensed provider is warranted. (2) This section also applies if, after considering the accepted representations for a show cause notice, the Minister— (a) still believes a ground exists to suspend or cancel an interactive gambling licence; but (b) does not believe suspension or cancellation of the licence is warranted. (3) The Minister may, by written notice given to the licensed provider, censure the licensed provider for a matter relating to the ground for suspension or cancellation. 50 Direction to rectify (1) This section applies if— (a) the Minister believes— (i) a ground exists to suspend or cancel an interactive gambling licence; but (ii) it is appropriate to give the licensed provider an opportunity to rectify the matter without giving a show cause notice; and (b) the licensed provider 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. (2) This section also applies if, after considering the accepted representations for a show cause notice, the Minister— (a) still believes a ground exists to suspend or cancel an interactive gambling licence; but (b) believes it is appropriate to give the licensed provider an opportunity to rectify the matter. (3) The Minister may, by written notice given to the licensed provider, direct the licensed provider to rectify the matter within the period stated in the notice. (4) The notice must state the reasons for the decision to give the direction. (5) The period stated in the notice must be reasonable having regard to the nature of the matter to be rectified. (6) A licensed provider must comply with a direction under this section. Maximum penalty for subsection (6)—40 penalty units. 51 Notice referring question of disciplinary action to Governor in Council (1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes— (a) a ground exists to suspend or cancel the interactive gambling licence; and (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and (c) either— (i) the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or (ii) the public interest may be affected in an adverse or material way. (2) This section also applies if, after considering the accepted representations for a show cause notice, the Minister directs the licensed provider to rectify a matter and the licensed provider fails to comply with the direction within the time allowed for compliance. (3) The Minister must forward to the Governor in Council— (a) written notice of the Minister's belief or of the licensed provider's failure to comply with the direction; and (b) copies of the accepted representations for the show cause notice. 52 Suspension, cancellation and appointment of administrator (1) After receiving the notice from the Minister under section 51, the Governor in Council may— (a) if the proposed action stated in the show cause notice was to suspend the interactive gambling 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 interactive gambling licence— (i) suspend the licence for a period; or (ii) cancel the licence; or (iii) appoint an administrator to conduct the operations of the licensed provider under the licence; or (c) direct the Minister to censure the licensed provider. (2) The Minister must promptly give written notice of the decision of the Governor in Council to the licensed provider. (3) A decision to suspend or cancel the licence, or to appoint an administrator, takes effect on the later of the following— (a) the day the notice is given to the licensed provider; (b) if a later day is stated in the notice—the later day. (4) This section applies despite the Corporations Act. 53 Terms of appointment, and role, of administrator (1) This section applies to an administrator appointed by the Governor in Council to conduct operations under an interactive gambling licence. (2) For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council. (3) The administrator— (a) has full control of, and responsibility for, the operations of the licensed provider conducted under the interactive gambling licence (including authorised games that had been commenced but not completed as at the time of the administrator's appointment); and (b) subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the licensed provider. (4) The costs of and incidental to the conduct and administration of a licensed provider's operations by an administrator under this section (the costs of administration) are payable by the licensed provider. (5) Any profits derived from the conduct of the licensed provider's operations by the administrator are, after payment of the costs of administration, to be paid to the licensed provider. (6) This section applies despite the Corporations Act. 54 Cancellation or reduction of period of suspension (1) If an interactive gambling licence is under suspension, the Governor in Council may at any time— (a) cancel the suspension; or (b) reduce the remaining period of suspension by a stated period. (2) The Minister must promptly give written notice of the decision of the Governor in Council to the licensed provider. Division 4 Investigations into suitability 55 Audit program (1) The Minister may approve an audit program for investigating licensed providers and their business or executive associates. (2) The chief executive is responsible for ensuring that investigations under an approved audit program are conducted in accordance with the program. (3) A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years. 56 Investigations (1) The chief executive may investigate a licensed provider to help the Minister decide whether the licensed provider is a suitable person to hold, or to continue to hold, an interactive gambling licence. (2) The chief executive may investigate a business or executive associate of a licensed provider to help the Minister decide whether the person is, or continues to be, a suitable person to be associated with a licensed provider's operations. (3) However, the chief executive may investigate a licensed provider only if— (a) the Minister reasonably suspects the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; or (b) the investigation is made under an audit program for licensed providers approved by the Minister. (4) Also, the chief executive may investigate a business or executive associate of a licensed provider only if— (a) the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a licensed provider's operations; or (b) the investigation is made under an audit program for associates of licensed providers approved by the Minister; or (c) the person— (i) became a business or executive associate of the licensed provider after the issue of the interactive gambling licence; and (ii) has not been investigated previously under an audit program mentioned in paragraph (b); or (d) the person— (i) was a business or executive associate of the licensed provider when the interactive gambling licence was issued; and (ii) has not been investigated under section 35(2). 57 Requirement to give information or document for investigation (1) In investigating a licensed provider, or a business or executive associate of a licensed provider, 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. (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. (3) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment. (4) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (5) 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. 58 Reports about person's criminal history (1) If the chief executive, in making an investigation about a person under section 35 or 56 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 is to contain— (a) relevant information in the commissioner's possession; and (b) relevant information that 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. 59 Decisions about interactive gambling licence not to be justiciable (1) A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about an interactive gambling licence, a person with an interest or potential interest in an interactive gambling licence, the authorisation (or revocation of the authorisation) of an interactive game or the approval (or cancellation of the approval) of an exemption scheme— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (2) The decision to which subsection (1) applies include, but are not limited to— (a) a decision of the Governor in Council mentioned in schedule 1, part 1; and (b) a decision of the Minister mentioned in schedule 1, part 2. (3) In this section— decision includes— (a) conduct engaged in to make a decision; and (b) conduct related to making a decision; and (c) failure to make a decision. Part 4 Key persons Division 1 Requirement for key persons to be licensed 60 Meaning of key person and key relationship (1) A key person is a person who— (a) occupies or acts in a managerial position, or carries out managerial functions, in relation to operations carried out under an interactive gambling licence or the business of the licensed provider; or (b) is in a position to control or exercise significant influence over the operations conducted under an interactive gambling licence; or (c) occupies or acts in a position designated in the licensed provider's control system as a key position; or (d) occupies a position with, or carries out functions for, a licensed provider that make the person a key person under criteria prescribed under a regulation; or (e) is a business or executive associate of a licensed provider designated by the chief executive, by written notice given to the licensed provider, as a key person. (2) Subsection (1)(a) and (b) applies to a position only if the position is designated by the chief executive by written notice given to the licensed provider as a key position. (3) Subsection (1)(a) applies to functions only if the functions are designated by the chief executive by written notice given to the licensed provider as key functions. (4) A key relationship is a relationship (other than a familial relationship) between a licensed provider and another person as a result of which the other person is a key person. 61 Obligation to hold licence (1) A person must not accept employment as a key person, or agree to carry out as an employee the duties of a key person, unless the person is a key person licensee. Maximum penalty—40 penalty units. (2) A licensed provider must not employ a person to carry out the functions of a key person, unless the person is a key person licensee. Maximum penalty for subsection (2)—40 penalty units. 62 Requirement that key person apply for licence or end role (1) If the chief executive reasonably believes a person (other than a key person licensee) is a key person, the chief executive may, by written notice given to the person, require the person either to apply for a key person licence or to terminate the relevant key relationship, within 7 days of receiving the notice. (2) The person must comply with the requirement within 7 days of receiving the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year's imprisonment. (3) The chief executive must give a copy of the notice to the relevant licensed provider. 63 Requirement that key person end role (1) If the chief executive refuses to approve an application for a key person licence made by a person of whom a requirement has been made under section 62, the chief executive may, by written notice given to the person, require the person to terminate the relevant key relationship within the time stated in the notice. (2) The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year's imprisonment. (3) A person does not incur any liability as a result of action taken to comply with a notice under this section. 64 Requirement to end key person's role (1) This section applies if a requirement is made of a person under section 62 and— (a) the person fails to comply with the requirement; or (b) the chief executive refuses to approve an application for a key person licence made by the person. (2) This section also applies if a requirement is made of a person under section 63 and the person fails to comply with the requirement. (3) The chief executive may, by written notice given to the licensed provider with whom the key relationship exists, require the licensed provider to take any necessary action to terminate the key relationship within the time stated in the notice. (4) The licensed provider must comply with the requirement. (5) This section applies to a licensed provider despite another Act or law. (6) A licensed provider does not incur any liability because of action taken to comply with a notice under this section. Division 2 Applications for, and issue of, key person licences 65 Application for key person licence (1) An application for a key person licence must be made to the chief executive in the approved form. (2) An application must be accompanied by— (a) if a key relationship exists or is proposed with a licensed provider—a letter from the licensed provider addressed to the chief executive confirming the existence or proposed existence of the key relationship; and (b) any documents prescribed under a regulation; and (c) the application fee prescribed under a regulation. (3) The chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application. 66 Consideration of application (1) The chief executive must consider an application for a key person licence and either grant or refuse to grant the application. (2) Despite subsection (1), the chief executive is required to consider an application only if the applicant agrees to having the applicant's photograph and fingerprints taken. 67 Conditions for granting application (1) The chief executive may grant an application for a key person licence only if— (a) the applicant's photograph and fingerprints have been taken; and (b) the chief executive is satisfied the applicant is a suitable person to hold a key person licence. (2) In deciding whether the applicant is a suitable person to hold a key person licence, the chief executive may have regard to the following matters— (a) the applicant's character; (b) the applicant's current financial position and financial background; (c) the applicant's general suitability to carry out functions for a licensed provider as a key person. 68 Investigation of suitability of applicant The chief executive may investigate an applicant for a key person licence to help the chief executive decide whether the applicant is a suitable person to hold a key person licence. 69 Decision on application (1) If the chief executive decides to grant an application for a key person licence, the chief executive must promptly— (a) issue a key person licence to the applicant; and (b) give written notice of the grant of the licence to the relevant licensed provider. (2) If the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly— (a) give the applicant an information notice about the decision; and (b) give written notice of the decision to the relevant licensed provider. 70 Form of key person licence (1) A key person licence must be in the approved form. (2) The approved form must provide for the inclusion of the following particulars— (a) the key person licensee's name; (b) a recent photograph of the licensee; (c) the date of issue of the licence; (d) the conditions of the licence; (e) other particulars prescribed under a regulation. 71 Term of key person licence A key person licence remains in force unless it lapses or is cancelled or surrendered. 72 Lapsing of key person licence A key person licence lapses if there has been no key relationship between the key person licensee and a licensed provider for a continuous period of 1 year. 73 Conditions (1) The chief executive may issue a key person licence— (a) on conditions the chief executive considers necessary or desirable for the proper conduct of interactive games; and (b) on other conditions the chief executive considers necessary or desirable in the public interest. (2) If the chief executive decides to issue a key person licence on conditions, the chief executive must promptly— (a) give the applicant an information notice about the decision; and (b) give a copy of the notice to the relevant licensed provider. 74 Changing conditions of key person licence (1) The chief executive may decide to change the conditions of a key person licence if the chief executive considers it necessary or desirable to make the change for the proper conduct of interactive games or otherwise in the public interest. (2) If the chief executive decides to change the conditions of a key person licence, the chief executive must immediately— (a) give the key person licensee— (i) written notice of the changed conditions; and (ii) an information notice about the decision; and (b) if the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice. (3) The key person licensee must return the licence to the chief executive within 7 days of receiving the information notice, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units. (4) On receiving the licence, the chief executive must— (a) amend the licence in an appropriate way and return the amended licence to the key person licensee; or (b) if the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive. (5) The change of conditions does not depend on the licence being amended to record the change or a replacement licence being issued. (6) The change of conditions takes effect— (a) on the day the information notice is given to the key person licensee; or (b) if a later day of effect is stated in the notice—on the later day. (7) The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence. 75 Replacement of key person licence (1) A key person licensee may apply to the chief executive for the replacement of the licensee's licence if it has been lost, stolen, destroyed or damaged. (2) The chief executive must consider an application and either grant or refuse to grant the application. (3) The chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement. (4) If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence. (5) If the chief executive decides to refuse to grant an application, the chief executive must promptly— (a) give the key person licensee an information notice about the decision; and (b) if the chief executive believes there is currently a key relationship between the key person licensee and a licensed provider—give the licensed provider a copy of the information notice. 76 Surrender of key person licence (1) A key person licensee may surrender the licence by written notice given to the chief executive. (2) The surrender takes effect on— (a) the day the notice is given to the chief executive; or (b) if a later day of effect is stated in the notice—the later day. (3) If the chief executive believes there was a key relationship between the key person licensee and a licensed provider at the time of the surrender, the chief executive must promptly give notice of the surrender to the licensed provider. Division 3 Suspension and cancellation of key person licences, and other action by chief executive Subdivision 1 Suspension and cancellation 77 Grounds (1) Each of the following is a ground for suspending or cancelling a key person licensee's key person licence— (a) the key person licensee— (i) is not a suitable person to hold a key person licence; or (ii) acts in a way that is inappropriate for the conduct of interactive games; or (iii) contravenes a provision of this Act, or a corresponding law of a participating jurisdiction, other than a provision a contravention of which is an offence against this Act or the corresponding law; or (iv) contravenes a condition of the licence; (b) the key person