Queensland: Wagering Act 1998 (Qld)

Wagering Act 1998 An Act about wagering and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Wagering Act 1998. 2 Commencement This Act commences on a day to be fixed by proclamation. 2A Object (1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from wagering. (2) The balance is achieved by allowing wagering 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 wagering; and (c) minimising the potential for harm from wagering. Part 2 Interpretation Division 1 Definitions 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. Division 2 Basic concepts 4 Meaning of exclusivity period (1) The exclusivity period, for a race wagering licence, is the period starting on 1 July 2014 and ending— (a) 30 years after 1 July 2014; or (b) if, within the period of 30 years after 1 July 2014, a race wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect. (2) The exclusivity period, for a sports wagering licence, is the period starting on 1 July 2014 and ending— (a) 30 years after 1 July 2014; or (b) if, within the period of 30 years after 1 July 2014, a sports wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect. 5 Meaning of oncourse wagering permit (1) An oncourse wagering permit is a permit authorising the permit holder to conduct oncourse wagering by means of a totalisator by accepting investments placed by persons at a race meeting conducted by the permit holder at a licensed venue. (2) Subsection (1) applies only to investments that— (a) are placed by persons at the licensed venue stated in the permit; and (b) relate to races held at the race meeting conducted by the permit holder. 6 Meaning of race wagering licence A race wagering licence is a licence authorising the race wagering licensee to conduct wagering on an event or contingency that— (a) is, or relates to, thoroughbred, harness or greyhound racing; and (b) may be lawfully held in Queensland or elsewhere. 7 Meaning of sports wagering licence (1) A sports wagering licence is a licence authorising the sports wagering licensee to conduct wagering on— (a) a sporting event or sporting contingency (whether in Australia or elsewhere); or (b) a simulated event or simulated contingency approved by the Minister under section 57; or (c) a non-sporting event, or a contingency relating to a non-sporting event, approved by the Minister under section 57. (2) However, a sports wagering licence does not authorise the sports wagering licensee to conduct wagering on an event or contingency for which wagering is authorised to be conducted under a race wagering licence. 8 Meaning of totalisator (1) A totalisator is a system used— (a) to enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of the events or contingencies; and (b) to enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes. (2) A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated. (3) In subsection (1)(b), a reference to the totalisator pool is a reference to the amount left from the investments after— (a) making allowances for refunds of investments; and (b) deducting commission for the conduct of the totalisator; and (c) adding any pool top-up amount. (4) In this section— minimum pool amount, for a totalisator, means an amount worked out by using the formula— where— MPA means the minimum pool amount. A means an amount that the authority operator for the totalisator advertises is the minimum amount that will, after amounts are refunded and deducted as commission, be available for the payment of dividends out of the totalisator for an event or contingency. R means an amount paid out of the totalisator as a refund of an investment. C means the amount that would be deducted as commission if the amount invested in the totalisator equalled A minus R. pool top-up amount, for a totalisator, means an amount added by an authority operator to the totalisator so the amount available for the payment of dividends equals the minimum pool amount for the totalisator. Division 3 Other interpretative matters 9 References to applicants for oncourse wagering permits and permit holders (1) This section applies if the applicant for an oncourse wagering permit or a permit holder is an unincorporated body of persons. (2) In this Act, a reference to the applicant or permit holder is a reference to each person who is a member of the management committee of the body. 10 References to investments In this Act, a reference to an amount invested (whether in a totalisator or otherwise) is a reference to the amount invested, less any amount repayable to the investor by way of a refund (whether because of the cancellation or calling off of a bet or for any other reason). Part 3 Lawfulness of wagering 11 Lawful activities The following activities are lawful— (a) the conduct, under this Act, of a totalisator by a wagering licensee under a wagering licence; (b) the conduct, under this Act and the relevant wagering management agreement, of a totalisator by a wagering manager under a wagering licence; (c) the conduct, under this Act, of a totalisator by a permit holder under an oncourse wagering permit; (d) the conduct, under this Act, of wagering (on a fixed odds basis) by a wagering licensee under a wagering licence; (e) the conduct, under this Act and the relevant wagering management agreement, of wagering (on a fixed odds basis) by a wagering manager under a wagering licence; (f) the carrying on of a wagering agent's operations under this Act and the relevant agency agreement; (g) the use of approved wagering equipment by a wagering licensee, manager or agent or permit holder; (h) betting, under this Act, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering licensee under a wagering licence; (i) betting, under this Act and the relevant wagering management agreement, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering manager under a wagering licence; (j) betting, under this Act, by a person (by means of a totalisator) for wagering conducted by a permit holder under an oncourse wagering permit; (k) the doing of anything else required or authorised to be done under this Act. 11A Offences about totalisators (1) A person must not— (a) operate, or take part in operating, a totalisator other than under this Act; or (b) bet on a totalisator other than under this Act or a law of another State; or (c) ask to be another person's agent for betting on a totalisator; or (d) act as agent of another person (the second person) for betting on a totalisator if that person and the second person agree, expressly or impliedly, that the person acting as agent will receive consideration from the second person. Maximum penalty—100 penalty units or 6 months imprisonment. (2) For subsection (1)(b), a reference to a totalisator includes— (a) a system that is substantially similar to a system mentioned in section 8(1); and (b) an instrument, machine or device under which a system mentioned in paragraph (a) is operated. 12 Relationship with other laws (1) Section 11 has effect despite any other law dealing with wagering, including, in particular, the Racing Integrity Act 2016. (2) Nothing in this Act applies to a person carrying on bookmaking under the Racing Integrity Act 2016 under a racing bookmaker's licence. Part 4 Wagering authorities Division 1 Suitability of persons 13 Suitability of involved persons (1) This section applies to the Minister in deciding whether— (a) an applicant for a wagering licence (the involved person) is a suitable person to hold a wagering licence; or (b) a wagering licensee (also the involved person) is a suitable person to hold a wagering licence; or (c) an applicant for an oncourse wagering permit (also the involved person) is a suitable person to hold an oncourse wagering permit; or (d) a permit holder (also the involved person) is a suitable person to hold an oncourse wagering permit. (2) The Minister may have regard to the following matters— (a) the involved person's character or business reputation; (b) the involved person's current financial position and financial background; (c) if the involved person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure; (d) whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of operations conducted under a wagering authority of the kind applied for, or held, by the involved person; (e) whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person; (f) whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person; (g) if the involved 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; (h) anything else prescribed under a regulation. 14 Suitability of associates (1) This section applies to the Minister in deciding whether— (a) a business or executive associate of an applicant for a wagering licence is a suitable person to be associated with a wagering licensee's operations; or (b) a business or executive associate of a wagering licensee is a suitable person to be associated with a wagering licensee's operations; or (c) a business or executive associate of an applicant for an oncourse wagering permit is a suitable person to be associated with a permit holder's operations; or (d) a business or executive associate of a permit holder is a suitable person to be associated with a permit holder's operations. (2) The Minister may have regard to the following matters— (a) the associate's character or business reputation; (b) the associate's current financial position and financial background; (c) if the associate has a business 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. 15 Other matters about suitability Sections 13 and 14 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate. Division 2 Applications for, and issue of, wagering authorities 16 Application for race wagering licence (1) An application for a race wagering licence may only be made by a corporation. (2) During the exclusivity period for a race wagering licence, an application for a race wagering licence may be made only by UBET or a UBET subsidiary. 17 Application for sports wagering licence (1) An application for a sports wagering licence may only be made by a corporation. (2) During the exclusivity period for a sports wagering licence, an application for a sports wagering licence may be made only by UBET or a UBET subsidiary. 18 Application for oncourse wagering permit An application for an oncourse wagering permit may only be made by a licensed club. 19 Requirements about applications An application for a wagering authority must— (a) be made to the Minister; and (b) be in the approved form; and (c) be accompanied by any application fee prescribed under a regulation. 20 Further information or documents to support application (1) The Minister may, by written notice given to an applicant for a wagering authority, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice. (2) The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application. 21 Consideration of application (1) The Minister must consider an application for a wagering authority and either grant or refuse to grant the application. (2) However, the Minister is not required to decide an application if— (a) the Minister has given the applicant a notice under section 20 requiring the applicant to give the Minister further information or a document about the application; and (b) the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice. 22 Conditions for granting application for wagering licence (1) During the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the applicant is UBET or a UBET subsidiary. (2) During the exclusivity period for a sports wagering licence, the Minister may grant an application for a sports wagering licence only if the applicant is UBET or a UBET subsidiary. (3) If, in relation to an application for a race wagering licence, the Minister considers that, to ensure the effective conduct of authorised wagering under the licence, it would be necessary for the applicant to enter into arrangements with a racing entity, the Minister may grant the application only if the Minister is satisfied the applicant has entered into, or is in a position to enter into, appropriate arrangements with a racing entity. (4) After the end of the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the Minister is satisfied, having regard to relevant market conditions at the time, that appropriate commercial arrangements have been made between the interested parties that the Minister considers are no less favourable to the race companies than the arrangements last in force between the race companies and the initial licensee. (5) Also, the Minister may grant an application for a wagering licence only if the Minister is satisfied— (a) the applicant is a suitable person to hold a wagering licence; and (b) each business and executive associate of the applicant is a suitable person to be associated with a wagering licensee's operations. (6) However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (5). (7) In this section— commercial arrangements includes commercial arrangements about the conduct of approved wagering. initial licensee means the race wagering licensee under a race wagering licence issued on the day this section commences. interested parties means the initial licensee, the applicant for the race wagering licence and the race companies. race companies means Queensland Race Co Ltd (ACN 081 743 777) and Queensland Race Product Co Ltd (ACN 081 743 722). racing entity means a control body under the Racing Act 2002. 23 Conditions for granting application for oncourse wagering permit (1) The Minister may grant an application for an oncourse wagering permit only if— (a) the Minister is satisfied— (i) the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and (ii) despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or (b) the Minister is satisfied the licence operator has refused or failed to enter into an agency agreement with the licensed club. (2) Also, the Minister may grant an application for an oncourse wagering permit only if the Minister is satisfied— (a) the applicant is a suitable person to hold an oncourse wagering permit; and (b) each business and executive associate of the applicant is a suitable person to be associated with a permit holder's operations. (3) However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (2). 24 Investigation of suitability of persons (1) The chief executive may investigate an applicant for a wagering authority to help the Minister decide whether the applicant is a suitable person to hold a wagering authority of the kind applied for. (2) The chief executive may investigate a business or executive associate of an applicant for a wagering authority to help the Minister decide— (a) for an application for a wagering licence—whether the associate is a suitable person to be associated with a wagering licensee's operations; or (b) for an application for an oncourse wagering permit—whether the associate is a suitable person to be associated with a permit holder's operations. 25 Criminal history reports for investigations (1) If the chief executive in investigating a person under section 24 asks the commissioner of the police service for a written report on the person's criminal history, the commissioner must give the report to the chief executive. (2) The report is to contain— (a) relevant information in the commissioner's possession; and (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the commissioner has access. 26 Decision on application (1) If the Minister decides to grant an application for a wagering authority, the Minister must promptly issue the authority to the applicant. (2) An oncourse wagering permit may be issued— (a) for a stated term (not longer than 5 years); or (b) for a stated race meeting or race meetings. (3) If the Minister decides to refuse to grant an application for a wagering authority, the Minister must promptly give the applicant written notice of the decision. 27 Conditions of authority The Minister may issue a wagering authority— (a) on conditions the Minister considers necessary or desirable for the proper conduct of authorised wagering under the wagering authority; and (b) on other conditions the Minister considers necessary or desirable in the public interest. 28 Form of authority (1) A wagering authority must be in the approved form. (2) The approved form must provide for the inclusion of the following particulars— (a) the name of the authority holder; (b) the date of issue of the authority; (c) the term of the authority or, for an oncourse wagering permit, the race meeting or race meetings for which the permit is issued; (d) for an oncourse wagering permit—the licensed venue for which the permit is issued; (e) the conditions of the authority; (f) any other particulars prescribed under a regulation. 29 Term of licence (1) A wagering licence remains in force for the term stated in the licence. (2) Subsection (1) applies subject to this Act. 29A Extension of wagering licence (1) A wagering licensee may apply for an extension (an extension application) of the term of the licensee's licence. (2) An extension application must be made at least 1 month before the licence expires. (3) The provisions of this part relating to an application for, and issue of, a wagering licence apply to an extension application as if an extension application were an application for a wagering licence. (4) However, for the purposes of subsection (3)— (a) section 26(1) applies as if the reference to the Minister issuing the authority were a reference to the Minister issuing an extension of the licence; and (b) section 29(1) applies as if the wagering licence remained in force for the term stated in the extension. (5) To remove any doubt, it is declared that a wagering licence may be extended one or more times. 30 Term of permit (1) An oncourse wagering permit remains in force— (a) if issued for a stated term—for the stated term; or (b) if issued for a stated race meeting or race meetings—for the term necessary and reasonable to enable the permit holder to undertake and finish the permit holder's operations under the permit for the stated meeting or meetings. (2) Subsection (1) applies subject to this Act. Division 3 Dealings affecting wagering authorities 31 Changing conditions of authority (1) The Minister may decide to change the conditions of a wagering authority if the Minister considers it is necessary or desirable to make the change— (a) for the proper conduct of authorised wagering under the wagering authority; or (b) otherwise in the public interest. (2) If the Minister decides to change the conditions, the Minister must promptly give the authority holder a written notice (a condition notice) stating the decision and the reasons for the decision. (3) A change of the conditions— (a) takes effect— (i) on the day the condition notice for the change is given to the authority holder; or (ii) if a later day of effect is stated in the notice—on the later day; and (b) does not depend on the wagering authority being amended to record the change, or a replacement authority recording the change being issued. (4) The power of the Minister to change the conditions of a wagering authority includes the power to add conditions to an unconditional authority. 32 Recording change of conditions (1) The authority holder must return the wagering authority to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. (2) On receiving the wagering authority, the Minister must— (a) amend the authority in an appropriate way and return the amended authority to the authority holder; or (b) if the Minister does not consider it practicable to amend the authority—issue a replacement authority, incorporating the changed conditions, to the authority holder. 33 Authority generally not transferable (1) A wagering authority can not be transferred. (2) However, if a wagering authority is mortgaged or otherwise encumbered with the Minister's approval, subsection (1) does not prevent the transfer of the authority, subject to section 34, by way of enforcement of the security. 33A Amendment of wagering licence (1) The Minister may, with the written agreement of the licensee, amend a wagering licence. (2) After receiving the wagering licence for amendment, the Minister must— (a) amend the licence as agreed and return the amended licence to the licensee; or (b) if the Minister is satisfied it is not practicable to amend the licence to incorporate the amendment—give the licensee a replacement licence that incorporates the amendment. (3) The amendment of the licence takes effect on the day the Minister gives the licensee the amended or replacement licence. 34 Mortgage and transfer of authority (1) An authority holder may mortgage or otherwise encumber the wagering authority only with the written approval of the Minister. (2) If a person has, under or because of a mortgage or other encumbrance, a right to sell and transfer a wagering authority, the authority may be sold and transferred only to a person approved by the Minister in writing. (3) Before the Minister approves a person for the transfer of a wagering licence, the Minister must be satisfied— (a) the proposed transferee is a suitable person to hold a wagering licence; and (b) each business and executive associate of the proposed transferee is a suitable person to be associated with a wagering licensee's operations. (4) Before the Minister approves a person for the transfer of an oncourse wagering permit, the Minister must be satisfied— (a) the proposed transferee is a suitable person to hold an oncourse wagering permit; and (b) each business and executive associate of the proposed transferee is a suitable person to be associated with a permit holder's operations. (5) The Minister may require the proposed transferee of the wagering authority to submit an application for the authority and may deal with the application, and investigate the suitability of the proposed transferee and proposed transferee's business and executive associates, in the same way as if the application were an application for a new wagering authority of the kind proposed to be transferred. (6) If a person has, under or because of a mortgage or other encumbrance, a power to appoint a receiver or manager of the operations conducted under a wagering authority, the power may be exercised only if the Minister first approves the proposed receiver or manager in writing. 35 Surrender of authority (1) An authority holder may surrender the wagering authority by written notice given to the Minister. (2) The surrender of a wagering licence 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 given to the wagering licensee, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister. (3) The surrender of an oncourse wagering permit takes effect— (a) on the day the notice is given to the Minister; or (b) if a later day of effect is stated in the notice—on the later day. Division 4 Investigation of authority holders and associates 36 Audit programs (1) The Minister may approve audit programs for investigating the following— (a) wagering licensees; (b) business or executive associates of wagering licensees; (c) permit holders; (d) business or executive associates of permit holders. (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. 37 Investigation of suitability of authority holders (1) The chief executive may investigate an authority holder to help the Minister decide whether the holder is a suitable person to hold a wagering authority of the kind held by the holder. (2) However, the chief executive may investigate an authority holder only if— (a) the Minister reasonably suspects the holder is not a suitable person to hold a wagering authority of the kind held by the holder; or (b) the investigation is made under the relevant audit program approved by the Minister. (3) Also, an authority holder may be investigated under an audit program only if there has not been an investigation of the holder under the program within the preceding 2 years. 38 Investigation of suitability of associates of wagering licensees (1) The chief executive may investigate a business or executive associate of a wagering licensee to help the Minister decide whether the associate is a suitable person to be associated with a wagering licensee's operations. (2) However, the chief executive may investigate a business or executive associate of a wagering licensee only if— (a) the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering licensee's operations; or (b) the investigation is made under an audit program for business and executive associates of wagering licensees approved by the Minister; or (c) for a person who became a business or executive associate of the wagering licensee after the issue of the wagering licence—the associate has not been investigated previously under an audit program mentioned in paragraph (b); or (d) the associate— (i) was a business or executive associate of the licensee when the licensee applied for the licence; and (ii) has not been investigated under section 24(2). (3) Also, a business or executive associate of a wagering licensee may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years. 39 Investigation of suitability of associates of permit holders (1) The chief executive may investigate a business or executive associate of a permit holder to help the Minister decide whether the associate is a suitable person to be associated with a permit holder's operations. (2) However, the chief executive may investigate a business or executive associate of a permit holder only if— (a) the Minister reasonably suspects the associate is not a suitable person to be associated with a permit holder's operations; or (b) the investigation is made under an audit program for business and executive associates of permit holders approved by the Minister; or (c) for a person who became a business or executive associate of the permit holder after the issue of the oncourse wagering permit—the associate has not been investigated previously under an audit program mentioned in paragraph (b). (3) Also, a business or executive associate of a permit holder may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years. 40 Requirement to give information or document for investigation (1) In investigating an authority holder, or business or executive associate of an authority holder, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation. (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. 41 Failure to give information or document for investigation (1) A person of whom a requirement is made under section 40 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment. (2) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (3) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation. 42 Criminal history report for investigation (1) If the chief executive in investigating a person under section 37, 38 or 39 asks the commissioner of the police service for a written report on the person's criminal history, the commissioner must give the report to the chief executive. (2) The report is to contain— (a) relevant information in the commissioner's possession; and (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the commissioner has access. Division 5 Suspension and cancellation of wagering authorities 43 Grounds for suspension or cancellation (1) A ground for suspending or cancelling a wagering authority exists if the authority holder— (a) is not a suitable person to hold a wagering authority of the kind held by the holder; or (b) is convicted of an offence against this Act or a gaming Act; or (c) is convicted of an indictable offence; or (d) contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or (e) contravenes a condition of the authority; or (f) fails to discharge the holder's financial commitments for the holder's operations; or (g) is affected by bankruptcy action, or by control action under the Corporations Act. (2) Also, a ground for suspending or cancelling a wagering authority exists if— (a) the authority was issued because of a materially false or misleading representation or declaration; or (b) for a wagering licence—a business or executive associate of the wagering licensee is not a suitable person to be associated with a wagering licensee's operations; or (c) for an oncourse wagering permit—a business or executive associate of the permit holder is not a suitable person to be associated with a permit holder's operations. (3) For subsection (1)(g), an authority holder is affected by bankruptcy action if the holder— (a) is bankrupt; or (b) has compounded with creditors; or (c) has otherwise taken, or applied to take, advantage of any law about bankruptcy. (4) For subsection (1)(g), an authority holder is affected by control action under the Corporations Act if the holder— (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. 44 Show cause notice (1) This section applies if the Minister believes— (a) a ground exists to suspend or cancel a wagering authority; and (b) the act, omission or other thing forming the ground is of a serious and fundamental nature; and (c) either— (i) the integrity of the conduct of authorised wagering under the wagering authority 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 authority holder a written notice (a show cause notice)— (a) stating the action (the proposed action) the Minister proposes taking under this division; and (b) stating the grounds for the proposed action; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is suspension of the wagering authority—stating the proposed suspension period; and (e) inviting the authority holder 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 authority holder. (4) The authority holder may make representations about the show cause notice to the Minister in the show cause period. 45 Involvement of interested persons in show cause process (1) The Minister must promptly give a copy of the show cause notice to each person (an interested person) the Minister considers has an interest in the wagering authority if the Minister considers— (a) the person's interest may be affected adversely by the suspension or cancellation of the authority; and (b) it is otherwise appropriate in the circumstances to give a 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 authority holder'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. 46 Consideration of representations The Minister must consider all written representations (the accepted representations) made in the show cause period by— (a) the authority holder; or (b) an interested person to whom a copy of the show cause notice was given. 47 Ending show cause process without further action (1) This section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to suspend or cancel the wagering authority. (2) The Minister must not take any further action about the show cause notice. (3) Notice that no further action about the show cause notice is to be taken must be given by the Minister to— (a) the authority holder; and (b) each interested person to whom a copy of the show cause notice was given. 48 Censuring authority holder (1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but— (a) does not believe suspension or cancellation of the authority is warranted; and (b) does not consider it is appropriate to take action under section 49. (2) This section also applies if the Minister has not given a show cause notice to the authority holder but— (a) believes a ground exists to suspend or cancel the wagering authority; and (b) does not believe the giving of a show cause notice is warranted. (3) The Minister may, by written notice given to the authority holder, censure the holder for a matter relating to the ground for suspension or cancellation. 49 Direction to rectify (1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but considers— (a) a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and (b) that it is appropriate to give the authority holder an opportunity to rectify the matter. (2) This section also applies if the Minister has not given a show cause notice to the authority holder and— (a) the Minister believes a ground exists to suspend or cancel the wagering authority; and (b) the Minister considers— (i) a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and (ii) that it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and (c) the authority holder has been given— (i) written notice that the Minister proposes to give a direction under this section; and (ii) a reasonable opportunity to make representations about the proposed direction. (3) However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 50(1). (4) The Minister may, by written notice given to the authority holder, direct the holder to rectify the matter within the period stated in the notice. (5) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified. 50 Notice by Minister 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 wagering authority; 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 authorised wagering under the wagering authority 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) there are no accepted representations for the show cause notice; or (b) a direction to rectify a matter is given to the authority holder under section 49 and the holder fails to comply with the direction within the period stated in the relevant notice. (3) The Minister must give to the Governor in Council written notice of the Minister's belief under subsection (1), or of the matter mentioned in subsection (2), together with— (a) a copy of the show cause notice; and (b) copies of any accepted representations for the show cause notice. 51 Suspension, cancellation and appointment of administrator (1) After receiving the notice from the Minister under section 50, the Governor in Council may— (a) if the proposed action stated in the show cause notice was to suspend the wagering authority for a stated period—suspend the authority for not longer than the stated period; or (b) if the proposed action stated in the show cause notice was to cancel the wagering authority— (i) suspend the authority for a period; or (ii) cancel the authority; or (iii) appoint an administrator to conduct the operations of the authority holder under the authority. (2) The Minister must promptly give written notice of the decision of the Governor in Council to— (a) the authority holder; and (b) each interested person to whom a copy of the show cause notice was given. (3) The decision takes effect— (a) on the day the notice is given to the authority holder; or (b) if a later day of effect is stated in the notice—on the later day. (4) If the wagering authority is cancelled, the person who held the authority must, within 14 days after receiving notice of the decision, return the authority to the chief executive. Maximum penalty for subsection (4)—200 penalty units or 1 year's imprisonment. 52 Immediate suspension of authority by Minister (1) The Minister may suspend a wagering authority immediately if the Minister believes— (a) a ground exists to suspend or cancel the authority; and (b) the circumstances are so extraordinary that it is imperative to suspend the authority immediately to ensure— (i) the integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or (ii) the public interest is not affected in an adverse and material way. (2) The suspension— (a) must be effected by written notice (a suspension notice) given to the authority holder 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. 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 a wagering authority. (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 authority holder conducted under the wagering authority (including operations relating to anything that had been started but not finished at the time of the administrator's appointment); and (b) subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the authority holder. (4) The costs of and incidental to the conduct and administration of an authority holder's operations by an administrator under this section (the costs of administration) are payable by the authority holder. (5) Any profits derived from the conduct of the authority holder's operations by the administrator are, after payment of the costs of administration, to be paid to the authority holder. (6) This section and section 51(1)(b)(iii) apply despite the Corporations Act. 54 Cancellation or reduction of period of suspension (1) At any time a suspension of a wagering authority by the Governor in Council is in force, the Governor in Council may, for the remaining period of suspension— (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— (a) the authority holder; and (b) each interested person to whom a copy of the show cause notice was given. 55 Notice to interested persons of decisions (1) This section applies if the Minister— (a) censures the authority holder under section 48; or (b) directs the authority holder to rectify a matter under section 49; or (c) suspends the wagering authority under section 52. (2) The Minister must promptly give written notice of the decision to each interested person to whom a copy of the show cause notice was given. Division 6 Approved events and contingencies 56 Application for approval of particular events and contingencies (1) A sports wagering licensee may apply to the Minister for approval to conduct wagering on— (a) a simulated event; or (b) a simulated contingency; or (c) a non-sporting event; or (d) a contingency that relates to a non-sporting event. (2) The event or contingency may be in Australia or elsewhere. (3) The application may relate to a particular event or contingency or a class of event or contingency. (4) The application must— (a) be in writing; and (b) describe the event or contingency, or class of event or contingency, for which approval is sought. 57 Decision on application (1) The Minister must consider an application under section 56 and either give, or refuse to give, the approval sought by the application. (2) However, the Minister must not grant an approval that relates to— (a) an event for which wagering is authorised to be conducted under a race wagering licence; or (b) a sporting event; or (c) a contingency that relates to an event mentioned in paragraphs (a) or (b); or (d) an event or contingency the Minister considers to be offensive or contrary to the public interest. 58 Conditions of approval (1) The Minister may give an approval for this division— (a) on conditions the Minister considers necessary or desirable for the proper conduct of the wagering under the sports wagering licence; or (b) on other conditions the Minister considers necessary or desirable in the public interest. (2) A condition under subsection (1) is taken to be a condition of the sports wagering licence. 59 Notice of decision (1) If the Minister gives an approval for this division, the Minister must give the sports wagering licensee a written notice stating— (a) the decision; and (b) any conditions of the approval. (2) The notice also may state the period for which the approval remains in force. (3) If the Minister refuses to give an approval, the Minister must give the sports wagering licensee a written notice stating the decision and the reasons for the decision. 60 Period of approval An approval remains in force— (a) if a period is stated in the notice mentioned in section 59—for the period stated; or (b) if no period is stated in the notice—until the approval is withdrawn. 61 Withdrawal of approval (1) The Minister may, for any reason the Minister considers appropriate, withdraw an approval given under section 57. (2) However, an approval may be withdrawn only if the Minister— (a) has given the sports wagering licensee a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and (b) has considered any representations made by the licensee in the process carried out by the Minister under paragraph (a). (3) The withdrawal must be made by written notice, stating the reasons for the decision, given to the sports wagering licensee. (4) The decision takes effect— (a) on the day the notice is given to the sports wagering licensee; or (b) if a later day of effect is stated in the notice—on the later day. Part 5 Wagering managers Division 1 Suitability of persons 62 Suitability of involved persons (1) This section applies to the Minister in deciding whether— (a) a proposed wagering manager (the involved person) is a suitable person to be a wagering manager; or (b) a wagering manager (also the involved person) is a suitable person to be a wagering manager. (2) The Minister may have regard to the following matters— (a) the involved person's business reputation; (b) the involved person's current financial position and financial background; (c) whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure; (d) whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of a wagering manager's operations; (e) whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations as a wagering manager; (f) whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations as a wagering manager; (g) if the involved 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; (h) anything else prescribed under a regulation. 63 Suitability of associates (1) This section applies to the Minister in deciding whether— (a) a business or executive associate of a proposed wagering manager is a suitable person to be associated with a wagering manager's operations; or (b) a business or executive associate of a wagering manager is a suitable person to be associated with a wagering manager's operations. (2) The Minister may have regard to the following matters— (a) the associate's character or business reputation; (b) the associate's current financial position and financial background; (c) if the associate has a business 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. 64 Other matters about suitability Sections 62 and 63 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate. Division 2 Appointment of wagering managers 65 Appointment (1) A wagering licensee may appoint a person to manage some or all the operations relating to authorised wagering conducted under the wagering licence. (2) However, a wagering licensee may appoint a person as wagering manager— (a) only with the approval of the Minister; and (b) only if the person is a corporation. 66 Application for approval An application for approval to appoint a person as wagering manager must be made to the Minister in writing by the wagering licensee. 67 Further information or documents to support application (1) The Minister may, by written notice given to an applicant for an approval, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice. (2) The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application. 68 Consideration of application (1) The Minister must consider an application for an approval and either give, or refuse to give, the approval. (2) However, the Minister is not required to decide an application if— (a) the Minister has given the applicant a notice under section 67 requiring the applicant to give the Minister further information or a document about the application; and (b) the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice. (3) The Minister may approve the appointment of a person as a wagering manager only if the Minister is satisfied— (a) the person is a suitable person to be a wagering manager; and (b) each business and executive associate of the person is a suitable person to be associated with a wagering manager's operations. (4) The Minister must promptly give the applicant written notice of the Minister's decision. 69 Investigation of suitability of persons (1) The chief executive may investigate a proposed wagering manager to help the Minister decide whether the person is a suitable person to be a wagering manager. (2) The chief executive may investigate a business or executive associate of a proposed wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager's operations. 70 Criminal history reports for investigations (1) If the chief executive in investigating a person under section 69 asks the commissioner of the police service for a written report on the person's criminal history, the commissioner must give the report to the chief executive. (2) The report is to contain— (a) relevant information in the commissioner's possession; and (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the commissioner has access. Division 3 Wagering management agreements 71 Meaning of wagering management agreement A wagering management agreement is an agreement between a wagering licensee and another person— (a) appointing the other person as a wagering manager for some or all the operations relating to authorised wagering conducted under the wagering licence; and (b) dealing with the wagering manager's authority; and (c) stating the conditions under which the wagering manager acts as, and remains, a wagering manager for the wagering licensee; and (d) stating other matters agreed between the wagering manager and wagering licensee. 72 Entering into wagering management agreement A wagering licensee must not enter into a wagering management agreement without the written approval of the Minister. Maximum penalty—40 penalty units. 73 Amendment of wagering management agreement A wagering management agreement may be amended only with the written approval of the Minister. 74 Approvals for wagering management agreements (1) A wagering licensee may apply to the Minister for approval to enter into, or amend, a wagering management agreement. (2) An application must— (a) be in writing; and (b) be accompanied by a copy of the proposed agreement or amendment. (3) The Minister must consider an application for approval and either give, or refuse to give, the approval. (4) However, the Minister may refuse to give an approval only if the Minister reasonably believes it is necessary to refuse the approval— (a) in the public interest; or (b) to protect proper standards of integrity in the conduct of approved wagering. (5) The Minister must promptly give the wagering licensee written notice of the Minister's decision. Division 4 Investigation of wagering managers and associates 75 Audit programs (1) The Minister may approve audit programs for investigating— (a) wagering managers; and (b) business or executive associates of wagering managers. (2) The chief executive is responsible for ensuring an investigation of a person under a relevant approved audit program is conducted in accordance with the program. 76 Investigation of suitability of wagering managers (1) The chief executive may investigate a wagering manager to help the Minister decide whether the manager is a suitable person to be a wagering manager. (2) However, the chief executive may investigate a wagering manager only if— (a) the Minister reasonably suspects the manager is not a suitable person to be a wagering manager; or (b) the investigation is made under an audit program for wagering managers approved by the Minister. (3) Also, a wagering manager may be investigated under an audit program only if there has not been an investigation of the manager under the program within the preceding 2 years. 77 Investigation of suitability of associates of wagering managers (1) The chief executive may investigate a business or executive associate of a wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager's operations. (2) However, the chief executive may investigate a business or executive associate of a wagering manager only if— (a) the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering manager's operations; or (b) the investigation is made under an audit program for business and executive associates of wagering managers approved by the Minister; or (c) for a person who became a business or executive associate of the wagering manager after the manager's appointment—the associate has not been investigated previously under an audit program mentioned in paragraph (b). (3) Also, a business or executive associate of a wagering manager may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years. 78 Requirement to give information or document for investigation (1) In investigating a wagering manager, or business or executive associate of a wagering manager, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation. (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. 79 Failure to give information or document for investigation (1) A person of whom a requirement is made under section 78 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment. (2) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (3) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation. 80 Criminal history report for investigation (1) If the chief executive in investigating a person under section 76 or 77 asks the commissioner of the police service for a written report on the person's criminal history, the commissioner must give the report to the chief executive. (2) The report is to contain— (a) relevant information in the commissioner's possession; and (b) relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the commissioner has access. Division 5 Terminating wagering management agreements 81 Grounds for directing termination (1) A ground for directing the termination of a wagering management agreement exists if the wagering manager— (a) is not a suitable person to be a wagering manager; or (b) is convicted of an offence against this Act or a gaming Act; or (c) is convicted of an indictable offence; or (d) contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or (e) fails to discharge the manager's financial commitments for the manager's operations; or (f) is affected by control action under the Corporations Act. (2) Also, a ground for directing the termination of a wagering management agreement exists if— (a) the approval of the Minister for the wagering manager's appointment, or the entering into of the agreement, was given because of a materially false or misleading representation or declaration; or (b) a business or executive associate of the wagering manager is not a suitable person to be associated with a wagering manager's operations. (3) For subsection (1)(f), a wagering manager is affected by control action under the Corporations Act if the manager— (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. 82 Show cause notice (1) This section applies if the Minister believes— (a) a ground exists for directing the termination of a wagering management agreement; 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 authorised wagering un