PART 4AGaming and wagering under Tasmanian gaming licence Division 1Lawful and unlawful activities 76ALawful activities Despite any other law, the following activities are lawful: (a) the conduct of a gaming activity in accordance with, and subject to, a Tasmanian gaming licence; (b) the advertisement and promotion, subject to this Act and a Tasmanian gaming licence, of a gaming activity; (c) participation, subject to this Act, in a gaming activity; (d) the doing of anything else required or authorised to be done under this Act. 76BOffence to conduct gaming business without endorsed Tasmanian gaming licence (1) In this section, game includes a major lottery, pools and a game that is a prescribed game for the purposes of the definition of "game" in section 3(1) . (2) A person must not, except under the authority of an appropriately endorsed Tasmanian gaming licence carry on in or from Tasmania a business of conducting a gaming activity.Penalty: In the case of –
(a) a first offence – a fine not exceeding 600 penalty units; and (b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both. (3) For the purposes of subsection (2) , if money is placed or deposited at premises for the purpose of using the money on behalf of a person as a wager in a gaming activity, that activity is taken to be conducted at those premises. (4) Subsection (2) does not apply to – (a) a gaming activity carried on – (i) by a person registered as a bookmaker under section 59 of the Racing and Gaming Act 1952; and (ii) as authorised by or under that Act; and (b) a simulated game in which all wagers are returned to players, whether as prizes or otherwise; and (c) a gaming activity carried on – (i) by the Totalizator Agency Board; and (ii) as authorised by or under the Racing and Gaming Act 1952. (5) A person who supplies to the public a listed carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) that enables end-users to access the Internet is not guilty of an offence under subsection (2) by reason only of hosting or carrying information that is kept on a data storage device and accessed, or available for access, using that service if the person was not aware of that information. Division 2Application for, and determination of, Tasmanian gaming licence 76CApplication for Tasmanian gaming licence (1) A person may apply to the Commission for a Tasmanian gaming licence. (2) An application must – (a) be in a form approved by the Commission; and (b) specify the type of each gaming endorsement with which the applicant wishes the licence, if granted, to be endorsed; and (c) contain or be accompanied by the information and documents required by the Commission; and (d) be accompanied by the application fee of 30 000 fee units. 76DConsideration of application (1) The Commission may refuse to process an application for a Tasmanian gaming licence if – (a) the applicant has not complied with a requirement made under section 76G ; or (b) the application does not comply with or conform to any requirement specified in section 76C(2) . (2) Except as otherwise prescribed under subsection (1) , the Commission must process an application for a Tasmanian gaming licence. 76ERefund of application fee The Commission, at its discretion, may refund a part not exceeding 80% of an application fee paid under section 76C(2) – (a) if the Commission refuses to process the application under section 76D(1) ; or (b) if the application is withdrawn by the applicant; or (c) for any other reason the Commission considers appropriate. 76FExcess costs of application (1) If the reasonable costs incurred by the Commission in investigating and processing an application for a Tasmanian gaming licence exceed the amount of the application fee paid under section 76C(2) , the Commission may require the applicant to pay the whole or part of the excess amount. (2) A requirement under subsection (1) must be made in writing provided to the applicant. 76GInvestigation of application (1) In processing an application for a Tasmanian gaming licence, the Commission must carry out all investigations that it considers necessary and appropriate. (2) In an investigation, the Commission may take all steps, and make all inquiries, that are reasonable and appropriate. (3) In an investigation, the Commission may investigate the applicant, an associate of the applicant and any other person the Commission considers relevant to the suitability of the applicant to hold a Tasmanian gaming licence. (4) In an investigation, the Commission may require any one or more of the following persons to allow the taking of his or her photograph, palm prints and fingerprints: (a) the applicant; (b) a director, chief executive officer or other person concerned in the management of the applicant; (c) an associate of the applicant; (d) a director, chief executive officer or other person concerned in the management of an associate of the applicant; (e) any other person the Commission considers relevant to the investigation of the application. (5) In an investigation, the Commission may refer a copy of the application, any supporting documentation and any photographs, palm prints and fingerprints taken under subsection (4) to the Commissioner of Police and request an inquiry into any matter concerning the application that is specified in the request. (6) The Commissioner of Police must inquire into, and report to the Commission on, any matters concerning the application that the Commission requests under subsection (5) . (7) In an investigation, the Commission, by written notice, may require an applicant for a Tasmanian gaming licence and any associate of the applicant to do any one or more of the following: (a) to provide, in accordance with specified directions, any specified information that the Commission considers relevant to the investigation of the application; (b) to produce, in accordance with specified directions, any specified records that the Commission considers relevant to the investigation of the application and to permit examination of the records, the taking of extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ; (d) to provide to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and the person’s associates from other persons. (8) In subsection (7) , specified means specified in the notice referred to in that subsection. (9) If a requirement made under this section is not complied with, the Commission may refuse to continue with the investigation and may refuse to process the application for the Tasmanian gaming licence. 76HUpdating of application (1) If a change occurs in the information provided in or in connection with an application for a Tasmanian gaming licence (including in any documents lodged with the application) before the application is determined, the applicant must give the Commission written particulars of the change as soon as is reasonably practicable.Penalty: Fine not exceeding 60 penalty units.
(2) When particulars of the change are given, those particulars then form part of the original application. 76IDetermination of application (1) After completing its investigation in respect of an application for a Tasmanian gaming licence, the Commission must – (a) determine the application for a Tasmanian gaming licence by either granting or refusing to grant the Tasmanian gaming licence; and (b) if the Commission determines to grant the licence, determine which gaming endorsements are to be endorsed on the licence. (2) The Commission must not grant a Tasmanian gaming licence or determine that a gaming endorsement is to be endorsed on a Tasmanian gaming licence if it is not satisfied that – (a) the applicant is a suitable person to hold a Tasmanian gaming licence or a Tasmanian gaming licence endorsed with that gaming endorsement; and (b) the applicant, if a natural person, is over the age of 18 years. (3) The Commission must not grant a Tasmanian gaming licence or determine that a gaming endorsement is to be endorsed on a Tasmanian gaming licence if the applicant has not paid the application fee required by section 76C and any costs the applicant has been required to pay under section 76F . (4) On determining an application, the Commission must give written notice to the applicant of its determinations. 76JSuitability of person to hold a Tasmanian gaming licence In deciding whether a person is suitable to hold a Tasmanian gaming licence or to have a gaming business under a particular gaming endorsement, the Commission may have regard to the following matters: (a) the applicant’s character, honesty, integrity and business reputation; (b) the applicant’s current financial position and financial background; (c) if the applicant is not a natural person, whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; (d) that the applicant has, or has access to, the technical ability and resources to conduct gaming activities generally and, in particular, gaming activities of a kind to be conducted under that endorsement; (e) that each associate of the applicant is a suitable person to be associated with a gaming activity or gaming business generally and, in particular, a gaming activity or gaming business of a kind to be carried on under that gaming endorsement; (f) anything else prescribed by the regulations; (g) anything else the Commission considers relevant. 76KSuitability of associates In deciding whether an associate of an applicant for a Tasmanian gaming licence is a suitable person to be associated with a gaming activity or a gaming business, the Commission may have regard to the following matters: (a) the associate’s character, honesty, integrity and business reputation; (b) the associate’s current financial position and financial background; (c) if the associate has a business association with another person – (i) the other person’s character, honesty, integrity and business reputation; and (ii) the other person’s current financial position and financial background; (d) anything else prescribed by the regulations; (e) anything else the Commission considers relevant. 76LIssue of Tasmanian gaming licence On the grant of an application for a Tasmanian gaming licence, the Commission must issue to the applicant a Tasmanian gaming licence endorsed with those gaming endorsements that the Commission has determined under section 76I(1) are to be endorsed on the licence. 76MForm of Tasmanian gaming licence (1) A Tasmanian gaming licence must be endorsed with at least one gaming endorsement. (2) A gaming endorsement endorsed on a Tasmanian gaming licence forms part of the Tasmanian gaming licence. (3) A gaming endorsement is endorsed on a Tasmanian gaming licence if it – (a) appears within the content of the licence; or (b) is stamped or noted on the licence; or (c) is attached to the licence. 76NForm of gaming endorsement (1) Each gaming endorsement endorsed on a Tasmanian gaming licence must specify the premises in which the licensed provider may undertake the activities authorised by the endorsement. (2) Premises in respect of which a licensed premises gaming licence is in force may not be specified in a simulated gaming endorsement for the purposes of subsection (1) . Division 3Application for, and determination of, new gaming endorsement 76OApplication for new gaming endorsement (1) A licensed provider may apply to the Commission for a gaming endorsement of a type not already endorsed on the provider’s Tasmanian gaming licence. (2) An application must – (a) be in a form approved by the Commission; and (b) specify the type of gaming endorsement being applied for; and (c) contain or be accompanied by the information and documents required by the Commission. 76PInvestigation, processing and determination of application for new gaming endorsement Sections 76D , 76G , 76H , 76J and 76K apply, with necessary modification and adaptation, in respect of the investigation, processing and determination of an application for a new gaming endorsement made under section 76O . 76QCosts of processing application for new gaming endorsement (1) The Commission may require an applicant for a new gaming endorsement to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application. (2) A requirement under subsection (1) must be made in writing provided to the applicant. 76REndorsing Tasmanian gaming licence with new gaming endorsement (1) On the grant of an application for a new gaming endorsement, the Commission – (a) must require the licensed provider to provide the Tasmanian gaming licence to the Commission; and (b) must, as soon as practicable after receiving the licence, either – (i) endorse the licence with that gaming endorsement and return it to the licensed provider; or (ii) issue to the licensed provider a replacement Tasmanian gaming licence endorsed with that gaming endorsement and all gaming endorsements that were contained in the Tasmanian gaming licence provided to the Commission as required under paragraph (a) . (2) A new gaming endorsement takes effect on the day it is granted or on a later day determined by the Commission and specified in it. (3) If a new gaming endorsement specifies that it is to take effect on a day other than the day it is granted, the date on which it takes effect may be specified by reference to – (a) a date; or (b) the occurrence of an event; or (c) the fulfilment of a condition; or (d) any other matter the Commission considers appropriate. Division 4Tasmanian gaming licence 76SAuthority of Tasmanian gaming licence with sports betting endorsement A Tasmanian gaming licence endorsed with a sports betting endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject, to do such of the following activities as are specified in the endorsement: (a) to accept wagers in respect of approved sports events by way of a telecommunications device situated in an approved location; (b) to accept wagers in respect of approved sports events with persons who are physically present at the event or an approved location; (c) to do all things necessarily incidental to carrying on the activities specified in the endorsement. 76TAuthority of Tasmanian gaming licence with fixed odds wagering endorsement A Tasmanian gaming licence endorsed with a fixed odds wagering endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject – (a) to accept fixed odds wagers in respect of horse races, harness races and greyhound races by way of a telecommunications device situated in an approved location; and (b) to accept fixed odds wagers in respect of horse races, harness races and greyhound races from persons who are physically present at an approved location; and (c) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b) . 76UAuthority of Tasmanian gaming licence with simulated gaming endorsement A Tasmanian gaming licence endorsed with a simulated gaming endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject – (a) to conduct simulated games by way of a telecommunications device situated at an approved location; and (b) to accept by way of a telecommunications device wagers in respect of simulated games conducted by the licensed provider; and (c) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b) . 76VAuthority of major lottery endorsement A Tasmanian gaming licence endorsed with a major lottery endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject, to do such of the following activities as are specified in the endorsement: (a) to conduct major lotteries from an approved location; (b) on personal application at an approved location, to sell tickets in major lotteries conducted by the licensed provider; (c) by post or a telecommunications device, to sell tickets in major lotteries conducted by the licensed provider; (d) to conduct pools; (e) to accept wagers in pools conducted by the licensed provider; (f) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) , (b) , (c) and (d) . 76WAuthority of Tasmanian gaming licence with prescribed endorsement A Tasmanian gaming licence endorsed with a prescribed endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject – (a) to accept wagers in respect of prescribed events that are specified in the endorsement; and (b) to carry on the activities prescribed in the regulations in respect of that endorsement that are specified in the endorsement; and (c) to do all things necessarily incidental to carrying on those activities. 76XTasmanian gaming licence subject to conditions (1) A Tasmanian gaming licence is subject to any conditions determined by the Commission and specified in, or attached to, it. (2) Without limiting the matters to which conditions may relate, the conditions of a Tasmanian gaming licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. (3) Without limiting the matters to which conditions may relate, the conditions of a Tasmanian gaming licence may relate to any one or more of the following matters: (a) approval of premises and facilities; (b) the security of gaming equipment; (c) approval of an electronic monitoring system; (d) the keeping of records and financial statements; (e) the holding of funds on behalf of players; (f) the provision of reports; (g) prizes. (4) The conditions specified in, or attached to, a Tasmanian gaming licence may adopt wholly or in part, with or without modification and specifically or by reference, any published code, standard or other document, whether the code, standard or other document is published before or after the commencement of this section. (5) A reference in subsection (4) to a code, standard or other document is a reference to that code, standard or other document as amended from time to time. (6) The conditions specified in, or attached to, a Tasmanian gaming licence form part of the Tasmanian gaming licence. 76YWhen Tasmanian gaming licence and gaming endorsement take effect (1) A Tasmanian gaming licence takes effect on the day it is granted or on a later day determined by the Commission and specified in it. (2) A gaming endorsement endorsed on a newly granted Tasmanian gaming licence takes effect on the day the Tasmanian gaming licence takes effect or on a later day determined by the Commission and specified in the gaming endorsement. (3) If a Tasmanian gaming licence or gaming endorsement specifies that it is to take effect on a day other than the day the licence is granted, the date on which the licence or endorsement takes effect may be specified by reference to – (a) a date; or (b) the occurrence of an event; or (c) the fulfilment of a condition; or (d) any other matter the Commission considers appropriate. 76ZPeriod of Tasmanian gaming licence A Tasmanian gaming licence has effect for the period, not exceeding 5 years, specified in it. 76ZATasmanian gaming licence not transferable A Tasmanian gaming licence is not transferable to any other person. 76ZBAmendment of Tasmanian gaming licence conditions (1) A licensed provider may request the Commission, by written notice, to amend the conditions to which the Tasmanian gaming licence is subject. (2) On the request of a licensed provider or on the Commission’s own discretion, the Commission by written notice provided to the licensed provider may amend the conditions to which the Tasmanian gaming licence is subject. (3) If the Commission amends the conditions to which a Tasmanian gaming licence is subject it may do so by amending the existing Tasmanian gaming licence or by issuing a replacement Tasmanian gaming licence. (4) On receipt of a request made under subsection (1) , the Commission may undertake the investigations it considers appropriate. (5) Section 76G applies in respect of an investigation under this section. (6) The Commission, by notice in writing provided to the licensed provider, may require the licensed provider to pay the whole or any part of the reasonable costs of the Commission in investigating and processing a request made under subsection (1) . 76ZCRenewal of Tasmanian gaming licence (1) A licensed provider may, within the period of 90 days before the expiration of the current Tasmanian gaming licence or such longer period as is determined by the Commission, apply to the Commission for the renewal of the licence. (2) An application for renewal must – (a) be in a form approved by the Commission; and (b) contain any information and be accompanied by any documents the Commission requires. (3) On receipt of an application for renewal, the Commission may undertake the investigations it considers appropriate. (4) Sections 76D , 76G , 76H , 76I , 76J , 76K and 76L apply, with necessary modification and adaptation, in respect of the investigation, processing and determination of an application for the renewal of a Tasmanian gaming licence and the issue of the renewed Tasmanian gaming licence. (5) The Commission may require an applicant to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application. (6) A requirement under subsection (5) must be made in writing provided to the applicant. (7) If an application for renewal of a Tasmanian gaming licence is made under this section, the current Tasmanian gaming licence continues in force until it is renewed or its renewal is refused. (8) The renewal of a Tasmanian gaming licence takes effect from the day on which the current licence was due to expire. (9) If the Commission refuses to renew a Tasmanian gaming licence, the Tasmanian gaming licence ceases to have effect on the day specified in the refusal. 76ZDInvestigation of licensed provider (1) At any time, the Commission may investigate a licensed provider. (2) In an investigation, the Commission may take all steps and make all inquiries that are reasonable and appropriate. (3) In an investigation, the Commission may require any one or more of the following persons to allow the taking of his or her photograph, palm prints and fingerprints: (a) the licensed provider; (b) a director, chief executive officer or other person concerned in the management of the licensed provider; (c) any other person the Commission considers relevant. (4) The Commission may refer any photograph, palm prints and fingerprints taken under subsection (3) and any other matter the Commission considers relevant to the Commissioner of Police. (5) The Commissioner of Police must inquire into and report to the Commission on any matters referred under subsection (4) . (6) In an investigation, the Commission by notice in writing may require the licensed provider, or any person whose association with the licensed provider is in the opinion of the Commission relevant to whether the licensed provider continues to be a suitable person to hold a Tasmanian gaming licence or a gaming endorsement, to do any one or more of the following: (a) to provide, in accordance with specified directions, any specified information that the Commission considers relevant to the investigation of the application; (b) to produce, in accordance with specified directions, any specified records that the Commission considers relevant to the investigation of the application and to permit examination of the records, the taking of extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ; (d) to provide to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and the person’s associates from other persons. (7) In subsection (6) , specified means specified in the notice referred to in that subsection. (8) A person must not fail to comply with a requirement made under subsection (3) or (6) without reasonable excuse.Penalty: Fine not exceeding 240 penalty units.
(9) A person does not commit an offence against subsection (8) if the failure to comply with a requirement is a failure to provide any information or document and that information or document is not relevant to the investigation. (10) The Commission may take a failure to comply with a requirement made under subsection (3) or (6) to be sufficient evidence that the licensed provider is no longer a suitable person to hold a Tasmanian gaming licence. (11) An investigation under this section may be combined with an investigation under section 76ZE . 76ZEInvestigation into associate or other person (1) The Commission may investigate an associate of a licensed provider. (2) Section 76ZD(3) , (4) , (5) , (6) , (7) , (8) and (9) applies to an investigation under this section as if the person being investigated were the licensed provider. (3) The Commission may take a failure to comply with a requirement made under section 76ZD(3) or (6) as applied by this section to be sufficient evidence that the person being investigated is not, or is no longer, a suitable person to be an associate of a licensed provider or to have a business association with an associate of a licensed provider. (4) If the Commission determines on investigation that a person is not, or is no longer, a suitable person to be an associate of a licensed provider or to have a business association with an associate of a licensed provider, the Commission by written notice may require the licensed provider, within the period specified in the notice, to – (a) terminate the association with the associate; or (b) require the associate – (i) to break off its business association with the person investigated; and (ii) if the associate does not break off that business association within 21 days after the licensed provider makes the requirement, to terminate the provider’s association with the associate within a further period of 21 days. Division 5Disciplinary action 76ZFGrounds for disciplinary action (1) Each of the following is a ground for disciplinary action in relation to a Tasmanian gaming licence: (a) the licensed provider is no longer suitable to hold a Tasmanian gaming licence or a gaming endorsement; (b) an associate of the licensed provider is no longer suitable to be an associate of a licensed provider; (c) the licensed provider has contravened a provision of this Act or a gaming Act; (d) the licensed provider has been found guilty of an offence involving fraud or dishonesty, whether or not in Tasmania, the maximum penalty for which exceeds imprisonment for 3 months; (e) the licensed provider has failed to discharge financial obligations to a player or to the State; (f) the licensed provider is bankrupt, has compounded with creditors, has made an assignment of remuneration for the benefit of creditors or otherwise taken, or applied to take, the benefit of any law for the relief of bankrupt or insolvent debtors; (g) the licensed provider is affected by control action under the Corporations Law; (h) the Tasmanian gaming licence was obtained by a materially false or misleading representation or in some other improper way. (2) For the purposes of forming the belief that the ground mentioned in subsection (1)(a) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an applicant for a Tasmanian gaming licence is suitable to hold such a licence. (3) For the purposes of forming the belief that the ground mentioned in subsection (1)(b) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an associate of an applicant for a Tasmanian gaming licence is suitable to be associated with a gaming activity or a gaming business. (4) For the purposes of subsection (1)(g) , a licensed provider is affected by control action under the Corporations Law if the licensed provider – (a) has executed a deed of company arrangement under the Corporations Law; or (b) is the subject of a winding-up (whether voluntarily or under a court order) under the Corporations Law; or (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under the Corporations Law. 76ZGDisciplinary action (1) In this section, disciplinary action means any one or more of the following: (a) the cancellation of a Tasmanian gaming licence; (b) the suspension of a Tasmanian gaming licence; (c) the cancellation of a gaming endorsement; (d) the suspension of a gaming endorsement; (e) the amendment of the conditions to which a Tasmanian gaming licence is subject, including the imposition of conditions where there were previously no conditions; (f) the imposition of a fine not exceeding 10 000 penalty units; (g) the issuing of a letter of censure. (2) The Commission may notify a licensed provider by written notice – (a) that it is considering taking disciplinary action on the grounds specified in the notice; and (b) that the provider, within 28 days of receipt of the notice, may make written submissions to the Commission as to why disciplinary action should not be taken. (3) After considering any submissions made as specified in subsection (2) , the Commission may take such disciplinary action as it considers appropriate or take no further action. (4) Despite subsections (2) and (3) , the Commission may issue a letter of censure to a licensed provider without first allowing the provider an opportunity to make submissions as to why the letter of censure should not be issued. (5) A letter of censure may include a direction to the licensed provider to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter of censure and may direct that the action be taken within a period specified in the letter. (6) If a licensed provider fails to comply with a direction given in a letter of censure within the time specified in the letter of censure, the Commission may – (a) if the letter of censure was issued after giving the provider the opportunity to make submissions as to why disciplinary action should not be taken, take further disciplinary action without giving the provider a further opportunity to make submissions; or (b) if the letter of censure was issued without first giving the provider the opportunity to make submissions as to why disciplinary action should not be taken, take disciplinary action in accordance with subsections (2) and (3) . (7) The Commission must notify a licensed provider by written notice of its determination under subsection (3) . (8) The cancellation or suspension of a Tasmanian gaming licence or a gaming endorsement, or the amendment of the conditions to which a Tasmanian gaming licence is subject, takes effect on the day the licensed provider receives the notice given under subsection (7) or on a later day specified in that notice. (9) A Tasmanian gaming licence or a gaming endorsement is of no effect if it has been cancelled or while it is suspended. (10) The Commission may at any time terminate or reduce a period of suspension. (11) A fine imposed under this section may be recovered as a debt due to the Crown. Division 6End of Tasmanian gaming licence 76ZHWhen Tasmanian gaming licence ends A Tasmanian gaming licence ceases to have effect – (a) at the end of the period for which it has effect under section 76Z ; or (b) when it is surrendered with the agreement of the Commission; or (c) if it is cancelled, on the day specified in the notice of cancellation provided to the holder of the prescribed licence under section 76ZG(7) ; or (d) 90 days after the day on which the licensed provider dies, becomes bankrupt, takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors, makes an assignment of remuneration for the benefit of creditors, is affected by control action under the Corporations Law (within the meaning of section 76ZF ) or becomes mentally incapable of conducting a gaming business in the opinion of the Commission unless the licence is continued under section 76ZJ ; or (e) if the licence is continued under section 76ZJ , at the end of the 6 month or shorter period referred to in section 76ZJ(7) . 76ZISurrender of Tasmanian gaming licence or gaming endorsement (1) A licensed provider may surrender the Tasmanian gaming licence, by giving written notice to the Commission, if the Commission agrees to the surrender. (2) If a Tasmanian gaming licence is surrendered, the person who held the licence must return it to the Commission. (3) A licensed provider may surrender a gaming endorsement without surrendering the Tasmanian gaming licence by giving written notice to the Commission, if the Commission agrees to the surrender. (4) If a gaming endorsement is surrendered – (a) the licensed provider must give the Tasmanian gaming licence to the Commission; and (b) the Commission must amend the licence by – (i) deleting that endorsement; or (ii) issuing a replacement licence that is not endorsed with that endorsement. 76ZJContinuation of Tasmanian gaming licence after death, &c. (1) Any of the following persons may apply to the Commission to have their name entered as substitute licensed provider on a Tasmanian gaming licence: (a) a person who is, or intends to become, the legal personal representative of a deceased licensed provider; (b) the guardian or administrator appointed under the Guardianship and Administration Act 1995 in respect of a licensed provider who is a represented person, within the meaning of that Act; (c) the official receiver, trustee or assignee of a licensed provider who becomes bankrupt or takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors; (d) a receiver and manager, an administrator, an official liquidator or a provisional liquidator who is appointed in respect of a licensed provider that is a body corporate. (2) An application must – (a) be in a form approved by the Commission; and (b) contain the information required by the Commission; and (c) be accompanied by the documents required by the Commission; and (d) be accompanied by any prescribed fee. (3) The Commission, at its discretion, may refund the whole or part of an application fee. (4) Sections 76D , 76G and 76H apply in respect of an application under this section. (5) If – (a) the Commission is satisfied that – (i) the applicant is suitable to carry on the business of the licensed provider; and (ii) the applicant’s associates are suitable to be associated with a licensed provider; and (b) the prescribed fee, if any, is paid – the Commission must enter the applicant’s name as substitute licensed provider on the Tasmanian gaming licence accordingly. (6) If a licensed provider – (a) dies; or (b) is affected by control action under the Corporations Law; or (c) is bankrupt, has taken or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration for the benefit of creditors; or (d) becomes a represented person, within the meaning of the Guardianship and Administration Act 1995 ; or (e) is no longer suitable to hold the Tasmanian gaming licence – and no person applies under subsection (1) to have their name entered as substitute licensed provider on the Tasmanian gaming licence, the Commission may so enter on the licence the name of a person referred to in subsection (1) or any other person nominated by such a person that the Commission considers appropriate if the person whose name is to be so entered agrees to it in writing provided to the Commission. (7) A person whose name is entered on a Tasmanian gaming licence as substitute licensed provider under subsection (5) or (6) is taken to be the licensed provider for the period of 6 months, or a shorter period specified by the Commission, after the name is so entered. (8) If the Commission enters a person’s name as substitute licensed provider on a Tasmanian gaming licence, the person whose name was on the Tasmanian gaming licence as licensed provider is no longer the licensed provider in respect of that Tasmanian gaming licence. (9) If the Commission enters a person’s name as substitute licensed provider on a Tasmanian gaming licence under subsection (5) or (6) , it may at the same time amend the licence and give directions in respect of the conduct of gaming business under the licence. Division 7Player protection 76ZKSelf-limit on wagers by player (1) By written notice provided to a licensed provider, a registered player may set a limit on the amount the player may have debited to the funds held by the licensed provider on behalf of the player for the purposes of covering wagers with the provider. (2) A limit set under subsection (1) may be set by a reference to – (a) a single wager; or (b) a period of time; or (c) any other thing the registered player and licensed provider consider appropriate. (3) A licensed provider must not accept a wager from a player if accepting the wager contravenes, or could result in a contravention of, a limit set by the person under this section.Penalty: Fine not exceeding 240 penalty units.
(4) A registered player who has set a limit under this section may amend or revoke the limit by written notice provided to the licensed provider. (5) A notice setting a limit under subsection (1) or amending the limit by making it more strict takes effect when the licensed provider receives it. (6) A notice revoking a limit set under subsection (1) or amending the limit by making it less strict takes effect 7 days after it is received by the licensed provider unless it is earlier withdrawn by written notice provided to the provider. 76ZLSelf-exclusion from wagering by player (1) A player may give written notice to a licensed provider or the Commission to the effect that the person is not to be permitted to wager with any licensed provider by means of a telecommunications device. (2) On receipt of a self-exclusion notice under subsection (1) , a licensed provider must provide the Commission with the notice or a copy of it as soon as reasonably practicable.Penalty: Fine not exceeding 100 penalty units.
(3) On receipt of a self-exclusion notice or a copy of a self-exclusion notice under subsection (1) or (2) , the Commission must provide a copy of the notice to every licensed provider. (4) A self-exclusion notice takes effect in respect of a licensed provider when it, or a copy of it, is received by the provider. (5) A licensed provider who has been given a self-exclusion notice by a person, or who has been provided with a copy of a self-exclusion notice, must not accept a wager from the person by means of a telecommunications device while the self-exclusion notice has effect.Penalty: Fine not exceeding 240 penalty units.
(6) A person may revoke a self-exclusion notice in respect of a particular licensed provider by written notice given to the provider. (7) On receipt of a notice of revocation, the licensed provider must give written notice of the revocation to the Commission. (8) The revocation of a self-exclusion notice takes effect in respect of a licensed provider 7 days after the notice of revocation is received by the provider unless notice of the revocation is earlier withdrawn by written notice provided to the provider. 76ZMLicensed provider not to act as credit provider A licensed provider must not provide credit to a person who wagers with the provider under the authority of a Tasmanian gaming licence.Penalty: In the case of –
(a) a first offence – a fine not exceeding 600 penalty units; and (b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both. 76ZNComplaints about licensed providers (1) A person may make a complaint to the Commission or the relevant licensed provider about the conduct of a gaming activity, the licensed provider or a special employee. (2) A complaint must – (a) be made by written notice; and (b) state the complainant’s name and address; and (c) give details of the complaint and the matters giving rise to the complaint. (3) As soon as practicable after receiving a complaint, the Commission must – (a) inquire into the complaint; or (b) if the Commission considers it appropriate, refer the complaint to the relevant licensed provider. (4) The Commission must give written notice to the complainant, in writing, of – (a) the result of the Commission’s inquiry; or (b) the Commission’s decision to refer the complaint to the licensed provider. (5) In conducting an inquiry, the Commission has the powers specified in sections 76ZD and 76ZE . (6) As soon as reasonably practicable after receiving a complaint under subsection (1) or the referral of a complaint under subsection (3)(b) , a licensed provider must investigate the complaint.Penalty: Fine not exceeding 60 penalty units.
(7) Within 21 days after a complaint is received by, or referred to, the licensed provider, the provider must give written notice of the result of the inquiry to – (a) the complainant; and (b) if the complaint was referred to the licensed provider by the Commission, the Commission. Penalty: Fine not exceeding 60 penalty units.
(8) If a complainant is aggrieved by the result of an inquiry conducted by a licensed provider, the complainant may by written notice request the Commission to investigate the complaint. (9) Subsections (4) and (5) apply in respect of an inquiry by the Commission on receipt of a request under subsection (8) . (10) A decision of the Commission under subsection (4) is binding on both the licensed provider and the complainant. Division 8Duties in respect of player's funds 76ZORemitting funds of active player At the request of a registered player or the personal representatives of a registered player, a licensed provider must remit any funds of the player held by the provider on behalf of the player no later than the first working day after the request is received.Penalty: Fine not exceeding 60 penalty units.
76ZPRemitting funds of inactive player If no wager has been recorded on behalf of a registered player for a period of 2 years, the licensed provider – (a) must remit any funds held on behalf of the player; or (b) if the person cannot be found, must deal with the funds as unclaimed moneys under the Unclaimed Moneys Act 1918 . 76ZQLimits on use of player's funds A licensed provider must not have recourse to funds held on behalf of a registered player except for one or more of the following purposes: (a) to debit from those funds the amount of a wager made by the player in, or the amount the person has indicated he or she wants to wager in the course of, a gaming activity conducted by the provider; (b) to remit some or all of those funds to the player at his or her request; (c) as otherwise authorised by or under this Act. Penalty: In the case of –
(a) a first offence – a fine not exceeding 600 penalty units; and (b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both. Division 9Duties and powers in respect of prizes 76ZRClaims for prize (1) If a claim for a prize in respect of a gaming activity is made to a licensed provider within 2 years after the day on which the prize becomes payable or claimable, the licensed provider must – (a) as soon as reasonably practicable try to resolve the claim; and (b) if the licensed provider is not able to resolve the claim, as soon as reasonably practicable inform the claimant by written notice given to the claimant – (i) of the licensed provider’s decision on the claim; and (ii) that the person may, within 10 days after receiving the notice, ask the Commission to review the decision. (2) If the claim is not resolved to the satisfaction of the claimant, the claimant may request the Commission to review the licensed provider’s decision on the claim or, if the claimant has not received a notice under subsection (1)(b) , to resolve the claim. (3) A request to the Commission under subsection (2) – (a) must be in a form approved by the Commission; and (b) if the claimant received notice under subsection (1)(b) , must be made within 10 days after receiving the notice. (4) If a request is made to the Commission, the Commission may carry out investigations the Commission considers necessary to resolve matters in dispute. (5) The decision of the Commission on reviewing a licensed provider’s decision is binding on both the licensed provider and the claimant. 76ZSUnclaimed non-monetary prize (1) This section applies to a non-monetary prize in a gaming activity conducted by a licensed provider that is not collected within 3 months after notification by registered post to the winner of the place at which it may be collected. (2) A licensed provider – (a) may dispose of a prize to which this section applies by public auction or tender or in some other way approved by the Commission in writing provided to the licensed provider; and (b) may pay for the disposal from the proceeds of sale; and (c) must – (i) pay the remainder of the proceeds to the winner of the prize; or (ii) if the licensed provider is unaware of the identity or whereabouts of the winner of the prize, deal with the remainder of the proceeds as unclaimed moneys under the Unclaimed Moneys Act 1918 . 76ZTPower to withhold prize (1) If a licensed provider has reason to believe that the result of a gaming activity has been affected by an illegal activity or malfunction of equipment, the licensed provider may withhold a prize in the gaming activity. (2) If a licensed provider withholds a prize under this section, the licensed provider – (a) must inform the Commission of the circumstances of the incident as soon as is reasonably practicable; and (b) must not conduct a further gaming activity if a recurrence of the illegality or malfunction is likely. Penalty: Fine not exceeding 500 penalty units.
(3) On being informed under subsection (2) of the withholding of a prize, the Commission must investigate the matter and – (a) may take all steps, and make all inquiries, that are reasonable and appropriate; and (b) has the powers specified in sections 76ZD and 76ZE . (4) After investigating the incident, the Commission may, by written notice provided to the licensed provider – (a) direct the licensed provider to pay the prize; or (b) confirm the licensed provider’s decision to withhold the prize, but direct the licensed provider to refund amounts wagered. (5) The licensed provider must comply with a direction under subsection (4) .Penalty: Fine not exceeding 500 penalty units.
Division 10General duties of licensed providers 76ZUKeeping register of players (1) A licensed provider must keep an accurate and up-to-date register of players entitled to wager in a gaming activity by means of a telecommunications device.Penalty: Fine not exceeding 100 penalty units.
(2) On the application of a person, a licensed provider may, in the provider’s discretion, register the person as a player by entering the name of the person in the register of players. (3) A licensed provider must not register a person as a player if the person is less than 18 years of age.Penalty: In the case of –
(a) a first offence – a fine not exceeding 600 penalty units; and (b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both. (4) It is a defence to a charge for an offence against subsection (3) for the licensed provider to show that the provider or other person responsible for registering the person as a player believed on reasonable grounds that the person was 18 years of age or older. (5) A licensed provider must remove the name of a person from the register of players – (a) if the person dies; or (b) if the person requests it; or (c) if the provider considers it appropriate and the Commission agrees; or (d) for any other prescribed reason. (6) A person is a registered player with a licensed provider if the person’s name is in the register of players kept by that provider. 76ZVRestrictions on who may wager A licensed provider, in conducting a gaming activity, must not accept a wager from a person by means of a telecommunications device except where – (a) the person is registered as a player with the provider; and (b) the funds necessary to cover the amount of the wager are held by the provider on behalf of the person; and (c) the person’s identity has been authenticated in accordance with the conditions to which the provider’s Tasmanian gaming licence is subject. Penalty: In the case of –
(a) a first offence – 600 penalty units; and (b) a second or subsequent offence – 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both. 76ZWProhibition on licensed provider wagering A licensed provider must not wager with himself, herself or itself in a gaming activity in respect of the provider’s gaming business.Penalty: Fine not exceeding 600 penalty units.
76ZXRestrictions on conduct of gaming activity (1) In this section, game includes a major lottery, pools and a game that is a prescribed game for the purposes of the definition of "game" in section 3(1) . (2) A licensed provider must not conduct or offer to conduct a gaming activity in respect of a game except where – (a) the game is an approved game conducted in accordance with the approved rules at or from an approved location; and (b) gaming equipment used in conducting the game and gaming activity is approved by the Commission under section 76ZZG . Penalty: Fine not exceeding 1 000 penalty units.
(3) A licensed provider must not conduct or offer to conduct a gaming activity except where the control system of the provider is approved by the Commission under section 76ZZI . 76ZYRestriction on accepting new associate (1) A licensed provider must – (a) notify the Commission in writing that a person is likely to become an associate as soon as practicable after the licensed provider becomes aware of the likelihood; and (b) ensure that a person does not become an associate except with the prior written approval of the Commission. Penalty: Fine not exceeding 10 000 penalty units.
(2) Before giving an approval for the purposes of subsection (1)(b) , the Commission may – (a) investigate the proposed associate under section 76ZE ; and (b) by written notice provided to the licensed provider, require the provider to pay the whole or a part of the reasonable costs of the Commission in conducting the investigation. (3) The Commission may refuse to give an approval for the purposes of subsection (1)(b) if the licensed provider does not pay costs as required under subsection (2)(b) . 76ZZCompliance with Tasmanian gaming licence conditions A licensed provider must not contravene any condition to which the Tasmanian gaming licence is subject.Penalty: Fine not exceeding 1 000 penalty units.
Division 11Miscellaneous 76ZZAProhibition on advertising and promotion of simulated gaming (1) A person who – (a) provides computers for the use of the public, whether or not for fee or other reward; or (b) allows in premises owned or controlled by the person computers for such use – must not advertise or in any other way directly or indirectly promote to the public the use of those computers for the purposes of wagering on simulated games.Penalty: Fine not exceeding 1 000 penalty units.
(2) A licensed provider must not enter into a contract or other arrangement with a person who provides computers for the use of the public, whether or not for fee or other reward, if a purpose of that contract or arrangement is the direct or indirect promotion of wagering on simulated games.Penalty: Fine not exceeding 1 000 penalty units.
(3) Without limiting what may constitute direct or indirect promotion of wagering on simulated games for the purposes of subsections (1) and (2) , a computer that is left showing, or on opening up access to the Internet automatically shows, anything related to wagering on simulated games is a promotion of wagering on simulated games. (4) A person does not advertise or directly or indirectly promote wagering on simulated games or the use of computers for that purpose if an advertisement occurs or appears in the use of the Internet and that occurrence or appearance was outside the control of that person. 76ZZBProhibition on altering Tasmanian gaming licence A person must not alter or deface a current Tasmanian gaming licence without the authorisation of the Commission.Penalty: Fine not exceeding 1 000 penalty units.
76ZZCProhibition on special employee wagering A special employee of a licensed provider must not wager in a gaming activity provided by the employee’s employer under the authority of a Tasmanian gaming licence otherwise than by accepting wagers in the course of his or her duties as an employee of the provider.Penalty: Fine not exceeding 240 penalty units.
76ZZDCommission may restrict participation in gaming activities by gaming official (1) The Commission may, by written notice given to a person employed in the administration of this Part, direct the person – (a) not to wager in a gaming activity; or (b) not to wager in a gaming activity except in circumstances, or for the purposes, specified in the notice. (2) A person must not contravene a direction given under subsection (1) .Penalty: Fine not exceeding 60 penalty units.
76ZZEDirections to licensed provider (1) The Commission may, by written notice given to a licensed provider, give directions about the conduct of the provider’s gaming business and gaming activities. (2) A licensed provider must comply with directions given under subsection (1) .Penalty: Fine not exceeding 1 000 penalty units.
76ZZFApproval of games and rules (1) In this section, game includes a major lottery, pools and a game that is prescribed for the purposes of the definition of "game" in section 3(1) . (2) The Commission may approve – (a) the games that may be conducted under the authority of a Tasmanian gaming licence; and (b) the rules of each such game. (3) The Commission may only approve rules of a game which the Commission is satisfied are fair to players, reasonable and not contrary to the public interest. (4) The Commission must keep – (a) an up-to-date list of all approved games; and (b) an up-to-date record of the rules approved in respect of each approved game. (5) On the issue of a Tasmanian gaming licence, the Commission must provide the licensed provider with written notice of the approved games the provider may conduct under the licence and a copy of the approved rules of each such game. (6) On the request of any person, the Commission must at any reasonable time – (a) let the person peruse the list of approved games and their approved rules; and (b) provide the person with a copy of the whole or part of that list and the approved rules. (7) The Commission may at any time – (a) revoke its approval of a game; or (b) amend the approved rules of an approved game; or (c) revoke the approved rules of an approved game and substitute new approved rules. (8) If the Commission approves a game and its rules, revokes its approval of a game or amends or substitutes the approved rules of an approved game, it must give to each licensed provider who has, had or will have authority under a Tasmanian gaming licence to conduct that game written notice of the approval, revocation, amendment or substitution. 76ZZGApproval of gaming equipment (1) In this section, gaming equipment means gaming equipment that is used, likely to be used or proposed to be used by a licensed provider. (2) The Commission may accept for evaluation particular gaming equipment or gaming equipment of a class. (3) The Commission may require a person who submits for evaluation gaming equipment under subsection (2) to provide any additional information or material that the Commission considers necessary for the evaluation and to pay the costs incurred by the Commission in undertaking the evaluation. (4) If particular gaming equipment or gaming equipment of a class accepted for evaluation under subsection (2) is considered by the Commission to be suitable for use in a gaming business, the Commission must approve the particular gaming equipment or gaming equipment of that class subject to such conditions (if any) as it determines. (5) The Commission must not approve any particular gaming equipment or gaming equipment of a class which it considers is not or may not be suitable for use in a gaming business. (6) The Commission may accept for approval a certificate that – (a) is from a person the Commission approves for the purpose of analysing and validating gaming equipment; and (b) certifies that the gaming equipment specified in the certificate is gaming equipment of a class that has been approved by the Commission or is suitable for use in a gaming business. (7) If the Commission approves a certificate accepted under subsection (6) , the gaming equipment specified in the certificate is taken to have been approved under subsection (4) . (8) If gaming equipment differs in any material particular from the gaming equipment approved by the Commission, the gaming equipment ceases to be approved under this section. 76ZZHWithdrawal of approval of gaming equipment (1) The Commission may withdraw the approval of particular gaming equipment or gaming equipment of a class approved under section 76ZZG if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of a gaming business. (2) If approval is withdrawn under subsection (1) , the Commission must give written notice of the withdrawal to – (a) any person who submitted to the Commission the gaming equipment or a certificate relating to the gaming equipment under section 76ZZG ; and (b) all licensed providers using any gaming equipment of the class of gaming equipment to which the withdrawal relates. (3) A notice under subsection (2) must specify the time within which the gaming equipment must be removed from use. (4) If approval is withdrawn under subsection (1) , the Commission must allow a licensed provider a reasonable time within which to remove the gaming equipment from use unless there is an immediate threat to the public interest. (5) A licensed provider must not use, or permit to be used, gaming equipment if – (a) the Commission has withdrawn approval of that gaming equipment, or the class of gaming equipment of which that gaming equipment is a member; and (b) notice of the withdrawal of approval has been given under subsection (2) ; and (c) either no time has been allowed by the notice for the removal from use of the gaming equipment or any such time allowed by the notice has expired. Penalty: Fine not exceeding 1 000 penalty units.
76ZZIApproval of control system (1) The Commission may, by written notice – (a) approve the control system of a licensed provider; and (b) revoke its approval of the control system of a licensed provider. (2) The Commission – (a) must not approve the control system of a licensed provider unless satisfied that it is suitable for use in respect of the gaming businesses conducted, or to be conducted, by the licensed provider; and (b) must revoke its approval of the control system of a licensed provider if satisfied that it is no longer suitable for use in respect of the gaming businesses conducted by the licensed provider.