Queensland: Keno Act 1996 (Qld)

Keno Act 1996 An Act to provide for the conduct of certain keno games, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Keno Act 1996. 1A Object (1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from keno gambling. (2) The balance is achieved by allowing keno 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 keno gambling; and (c) minimising the potential for harm from keno gambling. 2 Definitions—the dictionary The dictionary in schedule 4 defines particular words used in this Act. Division 2 Interpretation 3 References to operations of keno licensees and appointed agents (1) In this Act, a reference to the operations of a keno licensee is a reference to the licensee's operations as a keno licensee. (2) In this Act, a reference to the operations of an appointed agent is a reference to the agent's operations as an appointed agent. 4 References to particular agency agreements In this Act, a reference to an agency agreement in association with a reference to a keno agent is a reference to the agency agreement providing for the keno agent's appointment. 5 References to particular approved keno games (1) In this Act, a reference to an approved keno game in association with a reference to a keno licensee is a reference to an approved keno game conducted by the keno licensee. (2) In this Act, a reference to an approved keno game in association with a reference to an appointed agent is a reference to an approved keno game conducted by the principal keno licensee. 6 References to particular associated keno agreements In this Act, a reference to an associated keno agreement in association with a reference to a keno licence is a reference to the keno agreement in relation to which the keno licence is issued. 7 References to particular keno agents (1) In this Act, a reference to a keno agent in association with a reference to an agency agreement is a reference to the keno agent appointed under the agency agreement. (2) In this Act, a reference to a keno agent in association with a reference to a keno subagent is a reference to the keno agent by whom the keno subagent was appointed. 8 References to particular keno employee licences In this Act, a reference to a keno employee licence in association with a reference to a licensed keno employee is a reference to the keno employee licence held by the licensed keno employee. 9 References to particular keno licences In this Act, a reference to a keno licence in association with a reference to a keno licensee is a reference to the keno licence held by the keno licensee. 10 References to particular keno licensees (1) In this Act, a reference to a keno licensee in association with a reference to a keno licence is a reference to the keno licensee who holds the keno licence. (2) In this Act, a reference to a keno licensee in association with a reference to a keno agent is a reference to the keno licensee by whom the keno agent was appointed. (3) In this Act, a reference to a principal keno licensee in association with a reference to a keno subagent is a reference to the keno licensee who is the principal keno licensee for the keno subagent. (4) In this Act, a reference to a keno licensee in association with a reference to an agency agreement is a reference to the keno licensee by whom a keno agent is appointed under the agreement. Part 2 Lawfulness of keno games 11 Lawful activities The following activities are lawful— (a) the conduct of a keno game by a keno licensee under a keno licence in accordance with this Act and the associated keno agreement; (b) the carrying on of operations as an appointed agent in accordance with this Act and any agency agreement in relation to a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence; (c) the playing of a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence; (d) the use by a keno licensee of keno equipment in the conduct of a keno game by the licensee under the keno licence; (e) the use by an appointed agent of keno equipment in the conduct, or purported conduct, of a keno game by a keno licensee under a keno licence; (f) the use of keno equipment in playing a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence; (g) the doing of anything else required or authorised to be done under this Act. 12 Relationship with other laws Section 11 has effect despite any other law dealing with gaming. Part 3 Keno licensees Division 1 Issue of keno licences 13 Minister may issue licence The Minister may issue a keno licence to a person. 14 Issue of licence conditional on keno agreement The Minister may issue a keno licence to a person only if— (a) a written agreement (a keno agreement) has been entered into between the Minister on behalf of the State and the person about the proposed conduct of keno games by the person under a keno licence; and (b) any terms or conditions stated in the agreement or this Act required to be complied with by the person before a keno licence is issued have been complied with. 15 Conditions for entering into keno agreement Before entering into a keno agreement, the Minister must be satisfied that— (a) the person with whom the agreement is proposed to be entered into (the proposed keno licensee) is a suitable person to hold a keno licence; and (b) each business and executive associate of the proposed keno licensee is a suitable person to be associated with a keno licensee's operations. 16 Suitability of proposed keno licensee (1) In deciding whether a proposed keno licensee is a suitable person to hold a keno licence, the Minister may have regard to the following issues— (a) the person's character; (b) the person's financial position and background; (c) if the person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure; (d) whether the person has, or is able to obtain, appropriate resources and appropriate services; (e) whether the person has the appropriate business ability to successfully conduct keno games under a keno licence; (f) if the person has a business association with another entity—the entity's character and financial position and background; (g) any other issues prescribed under a regulation. (2) In subsection (1)— appropriate resources means financial resources the Minister considers are adequate to ensure the financial viability of operations conducted under a keno licence. appropriate services means the services of persons who have appropriate experience— (a) in the conduct or operation of keno games; or (b) to enable keno games to be successfully conducted or operated. 17 Suitability of business and executive associates In deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee's operations, the Minister may have regard to the following issues— (a) the person's character and financial position and background; (b) if the person has a business association with another entity—the entity's character and financial position and background; (c) any other issues prescribed under a regulation. 18 Investigations about suitability of persons (1) The chief executive may make investigations about a proposed keno licensee to help the Minister to decide whether the person is a suitable person to hold a keno licence. (2) The chief executive may make investigations about a business or executive associate of a proposed keno licensee to help the Minister to decide whether the person is a suitable person to be associated with a keno licensee's operations. 19 Conditions of licence The Minister may issue a keno licence on conditions the Minister considers necessary or desirable— (a) in the public interest; or (b) for the proper conduct of keno games by the keno licensee. Division 2 Dealings with keno licences 20 Transfer of licence prohibited A keno licensee must not transfer the keno licence to another person. 21 Mortgage of licence prohibited A keno licensee must not mortgage, or encumber in another way, the keno licence, or the rights or benefits under the associated keno agreement. 22 Amendment of licence (1) This section applies if, after the issue of a keno licence, the parties to the associated keno agreement amend the agreement in a way that affects the accuracy of a matter stated in the licence. (2) The keno licensee must return the licence to the Minister for amendment. (3) The Minister must return the amended licence to the licensee after making the appropriate amendment. 23 Surrender of licence A keno licensee may surrender the keno licence only after giving written notice of the proposed surrender to the Minister— (a) at least 3 months before the surrender; or (b) if the Minister, by written notice given to the licensee approves a shorter period of notice—before the time approved by the Minister. Division 3 Suspension and cancellation of keno licences 24 Grounds for suspension or cancellation (1) Each of the following is a ground for suspending or cancelling a keno licence— (a) the keno licensee is not, or is no longer, a suitable person to hold a keno licence; (b) a business or executive associate of the keno licensee is not, or is no longer, a suitable person to be associated with a keno licensee's operations; (c) the keno licensee has been convicted of an offence against this Act or a gaming Act; (d) the keno licensee has been convicted of an indictable offence; (e) the keno licensee has breached the associated keno agreement in a way that entitles the State to terminate the agreement; (f) the keno licensee has contravened a condition of the licence; (g) the keno licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act); (h) the associated keno agreement was entered into by the Minister on behalf of the State because of a materially false or misleading representation or declaration; (i) the keno licensee has failed to discharge the licensee's financial commitments for the licensee's operations; (j) the keno licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy; (k) the keno licensee is the subject of a winding-up, either voluntarily or under a court order, appointment of a liquidator or appointment of a receiver or receiver and manager under the Corporations Act. (2) For forming a belief that the ground mentioned in subsection (1)(a) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a proposed keno licensee is a suitable person to hold a keno licence. (3) For forming a belief that the ground mentioned in subsection (1)(b) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee's operations. 25 Show cause notice (1) This section applies if the Minister believes— (a) a ground exists to suspend or cancel a keno 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 keno games by the keno licensee 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 keno licensee 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 licence—states the proposed suspension period; and (e) invites the licensee to show within a stated period (the show cause period) why the proposed action should not be taken. (3) The show cause period must end not less than 21 days after the show cause notice is given to the keno licensee. 26 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 each person (an interested person) the Minister believes has an interest in the keno licence if the Minister 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 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 keno licensee's interest may be improperly prejudiced. (3) An interested person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period. 27 Consideration of representations The Minister must consider all written representations (the accepted representations) made during the show cause period by— (a) the keno licensee; or (b) an interested person to whom a copy of the show cause notice is given. 28 Immediate suspension (1) The Minister may suspend a keno 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 keno games by the keno licensee is not jeopardised in a material way. (2) The suspension— (a) must be effected by written notice (a suspension notice) given to the keno 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. 29 Censuring keno licensee (1) This section applies if the Minister— (a) believes a ground exists to suspend or cancel a keno licence; but (b) does not believe the giving of a show cause notice to the keno licensee 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 a keno licence; but (b) does not believe suspension or cancellation of the licence is warranted. (3) The Minister may, by written notice given to the keno licensee, censure the licensee for a matter relating to the ground for suspension or cancellation. 30 Direction to rectify (1) This section applies if, after considering the accepted representations for a show cause notice, the Minister— (a) still believes a ground exists to suspend or cancel a keno licence; but (b) considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the keno licensee an opportunity to rectify the matter. (2) The Minister may, by written notice given to the keno 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. 31 Notice by Minister (1) This section applies if, after considering the accepted representations for a show cause notice, the Minister still believes— (a) a ground exists to suspend or cancel a keno 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 keno games by the keno licensee may be jeopardised in a material way; or (ii) the public interest may be affected in an adverse and material way. (2) This section also applies if a keno licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice. (3) The Minister must give written notice of the Minister's belief, or of the keno licensee's failure to comply with the direction, to the Governor in Council. 32 Suspension, cancellation and appointment of administrator (1) If a notice is given by the Minister under section 31, the Governor in Council may— (a) if the proposed action stated in the show cause notice was to suspend the keno 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 keno licence— (i) suspend the licence for a period; or (ii) cancel the licence; or (iii) appoint an administrator to conduct the operations of the keno licensee under the licence. (2) The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee. (3) The decision takes effect on the later of the following— (a) the day the notice is given to the keno licensee; (b) the day of effect stated in the notice. 33 Terms of appointment, and role, of administrator (1) This section applies to an administrator appointed by the Governor in Council to conduct operations under a keno 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 keno licensee conducted under the keno licence; and (b) subject to any directions of the Minister, must conduct the operations in accordance with this Act and the associated keno agreement as if the administrator were the keno licensee. (4) The costs of and incidental to the conduct and administration of a keno licensee's operations by an administrator under this section are payable by the keno licensee. (5) This section and section 32(1)(b)(iii) apply despite the Corporations Act. 34 Cancellation or reduction of period of suspension (1) If a keno licence is suspended, at any time the suspension is in force, the Governor in Council may, for any remaining period of suspension— (a) cancel the period; or (b) reduce the period by a stated period. (2) The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee. Division 4 Investigations about suitability of persons 35 Audit program (1) The Minister may approve an audit program for investigating keno licensees, or business or executive associates of keno 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 audit program only once every 2 years. 36 Investigations (1) The chief executive may investigate a keno licensee to help the Minister to decide whether the person is a suitable person to hold, or to continue to hold, a keno licence. (2) The chief executive may investigate a business or executive associate of a keno licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with a keno licensee's operations. (3) However, the chief executive may investigate a keno licensee only if— (a) the Minister reasonably suspects the licensee is not, or is no longer, a suitable person to hold a keno licence; or (b) the investigation is made under an audit program for keno licensees approved by the Minister. (4) Also, the chief executive may investigate a business or executive associate of a keno licensee only if— (a) the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a keno licensee's operations; or (b) the investigation is made under an audit program for business and executive associates of keno licensees approved by the Minister; or (c) the person— (i) became a business or executive associate of the licensee after the issue of the keno 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 licensee when the keno licence was issued; and (ii) has not been investigated under section 18(2). 37 Requirement to give information or material for investigation (1) In investigating a keno licensee, or business or executive associate of a keno licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers 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. (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 material sought by the chief executive is not in fact relevant to the investigation. Division 5 General provisions about keno licences 38 Form of licence (1) A keno licence must be in the approved form. (2) The approved form must provide for the inclusion of the following particulars— (a) the date of issue of the licence; (b) the name of the keno licensee; (c) the conditions of the licence; (d) other particulars prescribed under a regulation. 39 Term of licence (1) A keno licence is for the term stated in the associated keno agreement. (2) Subsection (1) applies subject to this Act. 40 Reports about person's criminal history (1) If the chief executive, in making an investigation about a person under section 18 or 36 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) However, the report is required to contain only criminal history in the commissioner's possession or to which the commissioner has access. 41 Justiciability of decisions about licence (1) A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a keno licence, or person with an interest or potential interest in a keno licence— (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 decisions 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 Licensed keno employees Division 1 Licensing requirements 42 Exempt keno employee (1) The chief executive may declare— (a) a keno employee to be an exempt keno employee; or (b) a class of keno employees to be an exempt class of keno employees. (2) The chief executive may make a declaration only if the chief executive is satisfied— (a) the functions of the employee, or of each employee included in the class, relating to the conduct of approved keno games, are minor; and (b) the licensing of the employee, or of each employee included in the class, is not warranted. (3) A declaration must be made in writing. 43 Carrying out functions as keno employee A person must not, as an employee of a keno licensee, carry out functions relating to the conduct of approved keno games unless— (a) the person is a licensed keno employee; or (b) in relation to the functions, the person is an exempt keno employee. Maximum penalty—100 penalty units or 1 year's imprisonment. 44 Employing keno employees A keno licensee must not employ a person as a keno employee unless— (a) the person is a licensed keno employee; or (b) in relation to the person's functions, the person is an exempt keno employee. Division 2 Key operators 45 Requirement that key operator apply for licence or end role (1) If the chief executive reasonably believes a person is a key operator for a keno licensee, the chief executive may, by written notice given to the person, require the person either to apply for a keno employee licence, or to stop being a key operator of the licensee, within 7 days after receiving the notice. (2) The person must comply with the requirement within 7 days after 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 keno licensee. (4) A requirement under this section is called a key operator's requirement. 46 Requirement that key operator end role (1) If the chief executive refuses to approve an application for a keno employee licence made by a person of whom a key operator's requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the keno licensee 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 for subsection (2)—100 penalty units or 1 year's imprisonment. 47 Requirement to end key operator's role (1) This section applies if a key operator's requirement is made of a person and— (a) the person fails to comply with the requirement; or (b) the chief executive refuses to approve an application for a keno employee licence made by the person. (2) The chief executive may, by written notice given to the keno licensee for whom the person is a key operator, require the licensee to end the association with the person within the time stated in the notice. (3) The keno licensee must comply with the requirement. (4) This section applies to a keno licensee despite another Act or law. (5) A keno licensee does not incur any liability because the licensee ends an association with a person under this section. Division 3 Applications for, and issue of, keno employee licences Subdivision 1 General applications 48 Application of subdivision This subdivision does not apply to an application for a keno employee licence to which subdivision 2 applies. 49 Application for licence (1) An application for a keno employee licence must be made to the chief executive in the approved form. (2) An application must be accompanied by— (a) a letter from a keno licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence; and (b) any documents prescribed under a regulation; and (c) the application fee prescribed under a regulation. (3) Subsection (2)(a) does not apply to an application made by a person of whom a key operator's requirement has been made. 50 Consideration of application (1) The chief executive must consider an application for a keno employee 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. 51 Conditions for granting application (1) The chief executive may grant an application for a keno employee 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 keno employee licence. (2) In deciding whether the applicant is a suitable person to hold a keno employee licence, the chief executive may have regard to the following issues— (a) the applicant's character; (b) the applicant's financial position and background; (c) the applicant's general suitability to carry out the functions of a keno employee or to be a key operator for a keno licensee. 52 Investigation about suitability of applicant The chief executive may make investigations about an applicant for a keno employee licence to help the chief executive to decide whether the applicant is a suitable person to hold a keno employee licence. 53 Decision about application (1) If the chief executive decides to grant an application for a keno employee licence, the chief executive must promptly issue the licence to the applicant. (2) If the chief executive decides to refuse to grant an application for a keno employee licence, the chief executive must— (a) promptly give the applicant an information notice about the decision; and (b) as soon as practicable— (i) give written notice of the decision to the relevant keno licensee; and (ii) destroy the applicant's fingerprints taken for the application. (3) In this section— relevant keno licensee means— (a) for an applicant who is a key operator for a keno licensee—the keno licensee; or (b) for another applicant—the keno licensee who intends to employ the applicant as a keno employee. Subdivision 2 Applications by licensed casino employees 54 Application of subdivision This subdivision applies to an application for a keno employee licence if— (a) the application is made by a person who is a licensed casino employee; and (b) the casino key employee licence or casino employee licence held by the licensed casino employee is not suspended. 55 Application for licence An application for a keno employee licence must— (a) be made to the chief executive; and (b) be in the approved form; and (c) be accompanied by a letter from a keno licensee addressed to the chief executive stating the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence. 56 Issue of licence On an application being made under this subdivision, the chief executive must promptly issue a keno employee licence to the applicant. Subdivision 3 Conditions of licences 57 Conditions (1) The chief executive may issue a keno employee licence on conditions the chief executive considers necessary or desirable— (a) in the public interest; or (b) for the proper conduct of keno games by a keno licensee. (2) If the chief executive decides to issue a keno employee licence on conditions, the chief executive must promptly give the applicant an information notice about the decision. Division 4 Dealings with keno employee licences 58 Changing conditions of licence (1) The chief executive may decide to change the conditions of a keno employee licence if the chief executive considers it is necessary or desirable to make the change— (a) in the public interest; or (b) for the proper conduct of keno games by a keno licensee. (2) If the chief executive decides to change the conditions, the chief executive must immediately give the licensed keno employee— (a) written notice of the changed conditions; and (b) an information notice about the decision. (3) The licensed keno employee must return the licence to the chief executive within 7 days after receiving the information notice, unless the employee 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 licensed keno employee; or (b) if the chief executive does not consider it is practical to amend the licence—issue another keno employee licence, incorporating the changed conditions, to the licensed keno employee to replace the licence returned to the chief executive. (5) The change of the conditions of a keno employee licence under this section does not depend on the licence being amended to record the change or a replacement licence being issued. (6) The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence. 59 Replacement of licence (1) A licensed keno employee may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged keno employee licence. (2) The chief executive must consider an application and either grant or refuse to grant the application. (3) The chief executive must grant an application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement. (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 keno employee 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 give the applicant an information notice about the decision. 60 Surrender of licence (1) A licensed keno employee may surrender the keno employee licence by written notice given to the chief executive. (2) The surrender takes effect on the later of the following— (a) the day the notice is given to the chief executive; (b) the day of effect stated in the notice. (3) If, at the time of the surrender, the chief executive believes the licensed keno employee was employed by a keno licensee, the chief executive must give written notice of the surrender to the licensee. Division 5 Suspension and cancellation of keno employee licences, and other action by chief executive Subdivision 1 Suspension and cancellation 61 Grounds (1) Each of the following is a ground for suspending or cancelling a licensed keno employee's keno employee licence— (a) the licensed keno employee— (i) is not a suitable person to hold a keno employee licence; or (ii) acts in a way that is inappropriate for the conduct of approved keno games; or (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iv) contravenes a condition of the licence; (b) the licensed keno employee has a conviction, other than a spent conviction, for— (i) an offence against this Act or a gaming Act; or (ii) an indictable offence; (c) the keno employee licence was issued because of a materially false or misleading representation or document. (2) For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same issues to which the chief executive may have regard under section 51(2) in deciding whether an applicant for a keno employee licence is a suitable person to hold the licence. (3) For subsection (1)(a)(ii), a licensed keno employee acts in a way that is inappropriate for the conduct of approved keno games if the employee does, or omits to do, an act that results in— (a) the conduct of approved keno games at the keno gaming place at which the employee is employed not being conducted under the relevant keno licensee's control system for the conduct of the games; and (b) the integrity of the conduct of approved keno games being jeopardised. 62 Show cause notice (1) If the chief executive believes a ground exists to suspend or cancel a keno employee licence, the chief executive must before taking action to suspend or cancel the licence give the licensed keno employee a written notice (a show cause notice). (2) The show cause notice must state the following— (a) the action the chief executive proposes taking under this subdivision (the proposed action); (b) the grounds for the proposed action; (c) an outline of 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 licensed keno employee may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken. (3) The show cause period must end at least 21 days after the licensed keno employee is given the show cause notice. (4) Subsection (5) applies if the chief executive believes— (a) the licensed keno employee is employed by, or a key operator of, a keno licensee; and (b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved keno games by the keno licensee. (5) The chief executive must immediately give a copy of the show cause notice to the keno licensee. (6) The keno licensee may make written representations about the show cause notice to the chief executive in the show cause period. 63 Consideration of representations The chief executive must consider all written representations (the accepted representations) made under section 62(2)(e) or (6). 64 Immediate suspension (1) The chief executive may suspend a licensed keno employee's keno employee licence immediately if the chief executive believes— (a) a ground exists to suspend or cancel the licence; and (b) it is necessary to suspend the licence immediately— (i) in the public interest; or (ii) to ensure the integrity of the conduct of approved keno games is not jeopardised. (2) The suspension— (a) can be effected only by the chief executive giving the licensed keno employee an information notice about the decision to suspend the licence, together with a show cause notice; and (b) operates immediately the information notice is given to the employee; and (c) continues to operate until the show cause notice is finally dealt with. (3) If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the suspension to the keno licensee. 65 Suspension and cancellation of licence after show cause process (1) This section applies if— (a) there are no accepted representations for a show cause notice; or (b) after considering the accepted representations for a show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel a keno employee licence; and (ii) believes suspension or cancellation of the licence is warranted. (2) This section also applies if a licensed keno employee contravenes a direction given to the employee under section 67A. (3) The chief executive may— (a) if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period. (4) If the chief executive decides to take action under subsection (3), the chief executive must immediately— (a) give an information notice about the decision to the licensed keno employee; and (b) if the chief executive believes the employee is employed by, or a key operator of, a keno licensee—give written notice of the suspension or cancellation to the licensee. (5) The decision takes effect on the later of the following— (a) the day the information notice is given to the licensed keno employee; (b) the day of effect stated in the information notice. (6) If the chief executive cancels the licence, the licensed keno employee must give the licence to the chief executive within 14 days after the cancellation takes effect. Maximum penalty for subsection (6)—40 penalty units. Subdivision 2 Other action by chief executive 66 Ending show cause process without further action (1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a keno employee licence. (2) The chief executive— (a) must not take any further action about the show cause notice; and (b) must give each of the following a written notice stating that no further action is to be taken— (i) the licensed keno employee; (ii) a keno licensee to whom a copy of the show cause notice was given under section 62(5). 67 Censuring licensed keno employee (1) The chief executive may censure a licensed keno employee for a matter relating to a ground for suspension or cancellation if the chief executive— (a) believes a ground exists to suspend or cancel the employee's keno employee licence but does not believe that giving a show cause notice to the employee is warranted; or (b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the employee's keno employee licence but does not believe suspension or cancellation of the licence is warranted. (2) The censure can be effected only by the chief executive giving the licensed keno employee an information notice about the decision to censure the employee. (3) If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the censure to the keno licensee. 67A Direction to rectify matter after show cause process (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 keno employee licence; and (b) believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the licensed keno employee an opportunity to rectify the matter. (2) The chief executive may direct the licensed keno employee to rectify the matter. (3) If the chief executive decides to give a licensed keno employee a direction under this section, the direction can be effected only by the chief executive giving the employee an information notice about the decision. (4) The information notice must state the period for rectifying the matter. (5) The period must be reasonable, having regard to the nature of the matter to be rectified. (6) If the chief executive gave a copy of the show cause notice to a keno licensee under section 62(5), the chief executive must give written notice of the direction to the keno licensee immediately after giving the information notice to the licensed keno employee. 67B Cancellation or reduction of period of suspension (1) If the chief executive suspends a keno employee licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force— (a) cancel the period; or (b) reduce the period by a stated period. (2) The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action. (3) The chief executive must immediately give written notice of the decision to— (a) the licensed keno employee; and (b) if the chief executive believed the licensed keno employee was employed by, or a key operator of, a keno licensee when the licence was suspended—the keno licensee. (4) Subsection (1) does not apply to an immediate suspension. Division 6 Investigation of licensed keno employees 68 Audit program (1) The chief executive may approve an audit program for investigating licensed keno employees. (2) The chief executive is responsible for ensuring an investigation of a licensed keno employee under an approved audit program is conducted in accordance with the program. (3) A licensed keno employee may be investigated under an audit program only once every 2 years. 69 Investigations about suitability of licensed keno employees (1) The chief executive may investigate a licensed keno employee to help the chief executive to decide whether the employee is a suitable person to hold, or to continue to hold, a keno employee licence. (2) However, the chief executive may investigate a licensed keno employee only if— (a) the chief executive reasonably suspects the employee is not, or is no longer, a suitable person to hold a keno employee licence; or (b) the investigation is made under an audit program for licensed keno employees approved by the chief executive. 70 Requirement to give information or material for investigation (1) In investigating a licensed keno employee, the chief executive may, by written notice given to the employee, require the employee to give the chief executive information or material the chief executive considers is relevant to the investigation. (2) When making the requirement, the chief executive must warn the employee it is an offence to fail to comply with the requirement, unless the employee has a reasonable excuse. (3) The employee must comply with the requirement, unless the employee has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment. (4) It is a reasonable excuse for the employee not to comply with the requirement if complying with the requirement might tend to incriminate the employee. (5) The employee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation. Division 7 General provisions about keno employee licences 71 Requirement for additional information or documents to support applications (1) The chief executive may, by written notice given to an applicant under this part, require the applicant to give the chief executive further information or another document about the application. (2) The requirement must relate to information or a document the giving of which is necessary and reasonable to help the chief executive decide the application. (3) The chief executive may refuse to grant the application if the applicant fails to comply with the requirement without a reasonable excuse. 72 Form of licence (1) A keno employee licence must be in the approved form. (2) The approved form must provide for the inclusion of the following particulars— (a) the employee's name; (b) a recent photograph of the employee; (c) the date of issue of the licence; (d) the conditions of the licence; (e) other particulars prescribed under a regulation. 73 Term of licence A keno employee licence remains in force unless it lapses or is cancelled or surrendered. 74 Lapsing of licence (1) A keno employee licence held by a keno employee lapses— (a) 1 year after the licensed keno employee last ceased to be employed as a keno employee by a keno licensee; or (b) if the licensed keno employee is not employed as a keno employee by a keno licensee for 1 year after being issued with the licence—at the end of the year. (2) A keno employee licence held by a key operator lapses 1 year after the key operator last ceased to be a key operator for a keno licensee. 74A Destruction of fingerprints of former licence holders (1) This section applies if— (a) a person ceases to be a licensed keno employee; and (b) the keno employee licence was issued under section 53. (2) As soon as practicable after the person ceases to be a licensed keno employee, the chief executive must cause the fingerprints of the person taken under section 51(1) for the person's application for the keno employee licence to be destroyed. 75 Reports about person's criminal history (1) If the chief executive, in making an investigation about a person under section 52 or 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) However, the report is required to contain only criminal history in the commissioner's possession or to which the commissioner has access. Division 8 Requirements about employment of keno employees 76 Notice of start of keno employee's employment Within 7 days after a licensed or exempt keno employee starts employment with a keno licensee, the licensee must notify the chief executive of the start of the employment by notice in the approved form. Maximum penalty—40 penalty units. 77 [Repealed] 78 Notice of end of keno employee's employment (1) This section applies if— (a) a keno licensee ends the employment of a licensed or exempt keno employee; or (b) a licensed or exempt keno employee ends the employee's employment with a keno licensee; or (c) a licensed or exempt keno employee otherwise ceases to be employed by a keno licensee. (2) Within 7 days after the licensed or exempt keno employee stops being employed by the keno licensee, the licensee must notify the chief executive of the end of the employment by notice in the approved form. Maximum penalty—40 penalty units. 79 Requirement to end licensed keno employee's employment (1) This section applies if— (a) a keno employee licence held by a keno employee employed by a keno licensee is cancelled or suspended; or (b) a keno employee employed by a keno licensee ceases to hold a keno employee licence for another reason. (2) The chief executive may, by written notice given to the keno licensee, require the licensee to end the keno employee's employment as a keno employee within the time stated in the notice. (3) The keno licensee must comply with the requirement. (4) This section applies to a keno licensee despite another Act or law or any industrial award or agreement. (5) A keno licensee does not incur any liability because the licensee ends the employment of a person under this section. Division 9 Requirements about association with key operators 80 Notice of end of key operator's role (1) This section applies if a person holds a keno employee licence as a key operator and the person stops being a key operator for a keno licensee. (2) Within 7 days after the person stops being a key operator for the keno licensee, the licensee must notify the chief executive of that fact by notice in the approved form. Maximum penalty—40 penalty units. 81 Requirement to end key operator's role (1) This section applies if— (a) a keno employee licence held by a person as a key operator of a keno licensee is cancelled or suspended; or (b) a key operator of a keno licensee ceases to hold a keno employee licence for another reason. (2) The chief executive may, by written notice given to the keno licensee, require the licensee to end the association with the person within the time stated in the notice. (3) The keno licensee must comply with the requirement. (4) This section applies to a keno licensee despite another Act or law. (5) A keno licensee does not incur any liability because the licensee ends an association with a person under this section. Division 10 General offences 82 False statements by applicants A person must not state anything in an application made under this part the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units. 83 Display of identification A licensed keno employee carrying out functions relating to the conduct of approved keno games must— (a) if asked by another person—produce an approved form of identification for the other person's inspection; or (b) have an approved form of identification displayed so it is clearly visible to other persons. Maximum penalty—40 penalty units. Part 5 Keno agents and subagents Division 1 Agency agreements 84 Entering into agency agreements A keno licensee may enter into an agreement (an agency agreement) with a person providing for the following— (a) the appointment of the person as an agent of the licensee for the conduct of keno games by the licensee under the keno licence; (b) the person's authority as an agent; (c) the conditions under which the person acts as, and remains, an agent of the licensee; (d) other matters agreed between the licensee and person. 85 Conditions for entering into agency agreement (1) A keno licensee may enter into an agency agreement only with a person prescribed under a regulation as a person eligible to be a keno agent. (2) A keno licensee may enter into an agency agreement only if the agreement— (a) is in a form approved by the chief executive; and (b) includes a provision stating the appointed person may not start operating as a keno agent until the qualifying period for the agreement ends; and (c) states the agent's place of operation; and (d) includes any other provisions required by the chief executive. 86 Notice of agency agreement Within 7 days after entering into an agency agreement, the keno licensee must inform the chief executive of the keno agent's name and place of operation. 87 Condition for amending agency agreement A keno licensee may agree to amend an agency agreement only with the written approval of the chief executive. 88 Notice delaying start of keno agent's operations (1) The chief executive may, by written notice (a qualification notice) given to a keno agent, extend the basic qualifying period for the agency agreement until a day (the final qualification day) stated in the notice. (2) The chief executive may give the notice only if the chief executive reasonably believes— (a) the keno agent is not a suitable person to be a keno agent; or (b) a business or executive associate of the keno agent is not a suitable person to be associated with a keno agent's operations. (3) The notice must be given before the basic qualifying period for the agreement ends. (4) The final qualification day must be a day within 28 days after the end of the basic qualifying period. (5) At any time before the final qualification day, the chief executive may withdraw the qualification notice by written notice given to the keno agent. (6) The chief executive must give a copy of the qualification notice and a notice under subsection (5) to the keno licensee with whom the agency agreement is entered into. 89 Start of keno agent's operations A keno agent must not start operating as a keno agent until the qualifying period for the agency agreement ends. 90 [Repealed] 91 Notice of change of keno agent's place of operation (1) This section applies if a keno agent changes, or proposes to change, the agent's place of operation and the keno licensee becomes aware of the change or proposed change. (2) Within 7 days after the keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno agent's new, or proposed new, place of operation. Division 2 Appointment of subagents 92 Appointment (1) A keno agent may appoint a person (a keno subagent) as an agent of the keno agent for the conduct of keno games by the keno licensee for whom the keno agent acts. (2) However, a keno agent may appoint a keno subagent only if the keno agent is authorised under the agency agreement to make the appointment. 93 Notice of keno subagent's appointment Within 7 days after a keno licensee becomes aware of the appointment of a keno subagent by a keno agent of the licensee, and of the subagent's name and place of operation, the licensee must inform the chief executive of the subagent's name and place of operation. 94 [Repealed] 95 Notice of change of keno subagent's place of operation (1) This section applies if a keno subagent changes, or proposes to change, the subagent's place of operation and the principal keno licensee becomes aware of the change or proposed change. (2) Within 7 days after the principal keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno subagent's new, or proposed new, place of operation. Division 3 Terminating agency agreements and appointment of keno subagents 96 Grounds for termination (1) Each of the following is a ground for directing the termination of an agency agreement or the appointment of a keno subagent— (a) the appointed agent is not, or is no longer, a suitable person to be an appointed agent; (b) a business or executive associate of the appointed agent is not, or is no longer, a suitable person to be associated with an appointed agent's operations; (c) the appointed agent has been convicted of an offence against this Act or a gaming Act; (d) the appointed agent has been convicted of an indictable offence; (e) the appointed agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act). (2) Also, it is a ground for directing the termination of an agency agreement if the keno agent is not, or is no longer, a person who is eligible to be a keno agent. (3) For forming a belief that the ground mentioned in subsection (1)(a) exists, the chief executive may have regard to the following issues— (a) the appointed agent's character; (b) the appointed agent's financial position and background; (c) the appointed agent's general suitability to act as an appointed agent. (4) For forming a belief that the ground mentioned in subsection (1)(b) exists, the chief executive may have regard to the business or executive associate's character and financial position and background. 97 Show cause notice (1) This section applies if the chief executive believes— (a) a ground exists for directing the termination of an agency agreement or the appointment of a keno subagent; 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 keno games by the principal keno licensee may be jeopardised; or (ii) the public interest may be affected adversely. (2) The chief executive must give the appointed agent a written notice (a show cause notice) that— (a) states that the chief executive proposes to take action (the proposed action)— (i) if the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or (ii) if the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent's appointment; and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) invites the appointed agent to show within a stated period (the show cause period) why the proposed action should not be taken. (3) The show cause period must end not less than 21 days after the show cause notice is given to the appointed agent. (4) The chief executive must promptly give a copy of the show cause notice to— (a) the appointed agent's principal; and (b) if the appointed agent is a keno subagent—the principal keno licensee. (5) A keno licensee or agent to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period. (6) The chief executive must consider all written representations (the accepted representations) made during the show cause period by— (a) the appointed agent; or (b) a keno licensee or agent to whom a copy of the show cause notice is given. 98 Suspending appointed agent's operations (1) This section applies if the chief executive believes— (a) a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and (b) it is necessary to suspend the appointed agent's operations— (i) in the public interest; or (ii) to ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised. (2) The chief executive may suspend the appointed agent's operations. (3) The suspension— (a) must be effected by written notice (a suspension notice) given to the appointed agent 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. (4) The suspension notice must state the reason for the decision to suspend the appointed agent's operations. (5) The chief executive must promptly give a copy of the suspens