Gaming Legislation Amendment Regulation (No. 2) 2013 (Qld)
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Queensland Gaming Legislation Amendment Regulation (No. 2) 2013 Subordinate Legislation 2013 No. 212 made under the Casino Control Act 1982 Charitable and Non-Profit Gaming Act 1999 Gaming Machine Act 1991 Keno Act 1996 Lotteries Act 1997 Racing Act 2002 Wagering Act 1998 Contents Part 1 1 Part 2 2 3 4 Part 3 5 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Casino Control Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 46 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new ss 46A and 46B . . . . . . . . . . . . . . . . . . . . . . . . . 3 46A Fee for particular investigations . . . . . . . . . . . . . . . . . 3 46B How fee for investigation must be paid . . . . . . . . . . . . 4 Amendment of Charitable and Non-Profit Gaming Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 11 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Insertion of new ss 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . . 7 11A Fee for particular investigations . . . . . . . . . . . . . . . . . 7 11B How fee for investigation must be paid . . . . . . . . . . . . 7
Gaming Legislation Amendment Regulation (No. 2) 2013 Contents Part 4 8 9 10 Part 5 11 12 13 Part 6 14 15 16 Part 7 17 18 19 Part 8 20 21 22 Amendment of Gaming Machine Regulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 56 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 56A and 56B . . . . . . . . . . . . . . . . . . . . . . . . . 56A Fee for particular investigations . . . . . . . . . . . . . . . . . 56B How fee for investigation must be paid . . . . . . . . . . . . Amendment of Keno Regulation 2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 17 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 17A and 17B . . . . . . . . . . . . . . . . . . . . . . . . . 17A Fee for particular investigations . . . . . . . . . . . . . . . . . 17B How fee for investigation must be paid . . . . . . . . . . . . Amendment of Lotteries Regulation 2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 19A and 19B . . . . . . . . . . . . . . . . . . . . . . . . . 19A Fee for particular investigations . . . . . . . . . . . . . . . . . 19B How fee for investigation must be paid . . . . . . . . . . . . Amendment of Racing Regulation 2013 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 15 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 15A and 15B . . . . . . . . . . . . . . . . . . . . . . . . . 15A Fee for particular investigations . . . . . . . . . . . . . . . . . 15B How fee for investigation must be paid . . . . . . . . . . . . Amendment of Wagering Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 17 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 17A and 17B . . . . . . . . . . . . . . . . . . . . . . . . . 17A Fee for particular investigations . . . . . . . . . . . . . . . . . 17B How fee for investigation must be paid . . . . . . . . . . . . 9 9 10 10 10 13 13 13 13 14 16 16 16 16 17 19 19 19 19 20 22 22 22 22 23 Page 2 2013 SL No. 212
Part 1 Gaming Legislation Amendment Regulation (No. 2) 2013 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Gaming Legislation Amendment Regulation (No. 2) 2013 . Part 2 Amendment of Casino Control Regulation 1999 2 Regulation amended This part amends the Casino Control Regulation 1999. 3 Amendment of s 46 (Fees) Section 46, ‘in’— omit, insert— stated in section 46A and 4 Insertion of new ss 46A and 46B After section 46— insert— 46A Fee for particular investigations (1) This section applies to the following persons for whom the Minister may undertake an investigation under the Act, section 26(1)— (a) a proposed lessee for a casino lease; (b) a proposed casino operator for a casino management agreement. 2013 SL No. 212 Page 3
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 2 Amendment of Casino Control Regulation 1999 [s 4] (2) This section also applies to a person for whom the Minister may undertake an investigation under the Act, section 30(1), other than— (a) a casino licensee; or (b) a lessee under a casino lease; or (c) a casino operator under a casino management agreement. (3) The person must pay to the chief executive the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation — • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs • travel and accommodation costs incurred inside or outside the State or overseas Page 4 46B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person ) under section 46A for an investigation. (2) The chief executive may require, in writing, the relevant person to pay all or part of the fee in advance. (3) The chief executive may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the chief executive may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be paid within 28 days after the requirement is made. 2013 SL No. 212
2013 SL No. 212 Gaming Legislation Amendment Regulation (No. 2) 2013 Part 2 Amendment of Casino Control Regulation 1999 [s 4] (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the chief executive’s estimate or latest estimate of the fee payable under section 46A; and (b) reduced by the amount, if any, already paid by the relevant person to the chief executive under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the chief executive must— (a) give the relevant person a written itemised account of the costs comprising the fee; and (b) either— (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the chief executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the relevant person fails to comply with a written request by the chief executive to give the chief executive information or documents that are reasonably necessary for the purposes of the investigation; (ii) the chief executive considers the investigation is finished; or Page 5
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 3 Amendment of Charitable and Non-Profit Gaming Regulation 1999 [s 5] (b) the chief executive considers the investigation has been completed for the Minister’s purposes under the Act, section 26(1) or 30(1). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the chief executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the relevant person for the investigation under subsection (7)(a) is evidence of the costs. Part 3 Amendment of Charitable and Non-Profit Gaming Regulation 1999 5 Regulation amended This part amends the Charitable and Non-Profit Gaming Regulation 1999. 6 Amendment of s 11 (Fees) Section 11(1), ‘in’— omit, insert— stated in section 11A and Page 6 2013 SL No. 212
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 3 Amendment of Charitable and Non-Profit Gaming Regulation 1999 [s 7] 7 Insertion of new ss 11A and 11B After section 11— insert— 11A Fee for particular investigations (1) This section applies to a person who is a business or executive associate of a lucky envelope printer licence holder for whom the chief executive may undertake an investigation under the Act, section 69(2). (2) The person must pay to the chief executive the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation — • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs • travel and accommodation costs incurred inside or outside the State or overseas 11B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person ) under section 11A for an investigation. (2) The chief executive may require, in writing, the relevant person to pay all or part of the fee in advance. (3) The chief executive may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the chief executive may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be 2013 SL No. 212 Page 7
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 3 Amendment of Charitable and Non-Profit Gaming Regulation 1999 [s 7] Page 8 paid within 28 days after the requirement is made. (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the chief executive’s estimate or latest estimate of the fee payable under section 11A; and (b) reduced by the amount, if any, already paid by the relevant person to the chief executive under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the chief executive must— (a) give the relevant person a written itemised account of the costs comprising the fee; and (b) either— (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the chief executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the chief executive considers the relevant person has failed to comply with a requirement made by the chief executive under the Act, section 70 in relation to the investigation; 2013 SL No. 212
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Gaming Machine Regulation 2002 [s 8] (ii) the chief executive considers the investigation is finished; or (b) the chief executive considers the investigation has been completed for the chief executive’s purposes under the Act, section 69(2). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the chief executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the relevant person for the investigation under subsection (7)(a) is evidence of the costs. Part 4 Amendment of Gaming Machine Regulation 2002 8 Regulation amended This part amends the Gaming Machine Regulation 2002. 9 Amendment of s 56 (Fees) Section 56(1), ‘in’— omit, insert— in section 56A and 2013 SL No. 212 Page 9
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Gaming Machine Regulation 2002 [s 10] 10 Insertion of new ss 56A and 56B Part 8— insert— 56A Fee for particular investigations (1) This section applies to a person who is an associate of the holder of a supplier’s licence for whom the commissioner may undertake an investigation under the Act, section 136(2). (2) This section also applies to an associate of a relevant licensed service contractor for whom the commissioner may undertake an investigation under the Act, section 212(2). (3) The person must pay to the commissioner the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation — • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs • travel and accommodation costs incurred inside or outside the State or overseas (4) In this section— relevant licensed service contractor means a licensed service contractor who is a category 2 body corporate. 56B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person ) under section 56A for an investigation. (2) The commissioner may require, in writing, the relevant person to pay all or part of the fee in advance. Page 10 2013 SL No. 212
2013 SL No. 212 Gaming Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Gaming Machine Regulation 2002 [s 10] (3) The commissioner may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the commissioner may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be paid within 28 days after the requirement is made. (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the commissioner’s estimate or latest estimate of the fee payable under section 56A; and (b) reduced by the amount, if any, already paid by the relevant person to the commissioner under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the commissioner must— (a) give the relevant person a written itemised account of the costs comprising the fee; and (b) either— (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the commissioner, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. Page 11
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Gaming Machine Regulation 2002 [s 10] (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the commissioner considers the relevant person has failed to comply with a requirement made by the commissioner under the Act, section 213 in relation to the investigation; (ii) the commissioner considers the investigation is finished; or (b) the commissioner considers the investigation has been completed for the commissioner’s purposes under the Act, section 136(2) or 212(2). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the commissioner to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the relevant person for the investigation under subsection (7)(a) is evidence of the costs. Page 12 2013 SL No. 212
Part 5 Gaming Legislation Amendment Regulation (No. 2) 2013 Part 5 Amendment of Keno Regulation 2007 [s 11] Amendment of Keno Regulation 2007 11 Regulation amended This part amends the Keno Regulation 2007. 12 Amendment of s 17 (Fees) Section 17(1), ‘in’— omit, insert— stated in section 17A and 13 Insertion of new ss 17A and 17B After section 17— insert— 17A Fee for particular investigations (1) This section applies to a person who is a business or executive associate of a keno licensee for whom the chief executive may undertake an investigation under the Act, section 36(2). (2) The person must pay to the chief executive the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation — • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs • travel and accommodation costs incurred inside or outside the State or overseas 2013 SL No. 212 Page 13
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 5 Amendment of Keno Regulation 2007 [s 13] 17B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person ) under section 17A for an investigation. (2) The chief executive may require, in writing, the relevant person to pay all or part of the fee in advance. (3) The chief executive may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the chief executive may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be paid within 28 days after the requirement is made. (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the chief executive’s estimate or latest estimate of the fee payable under section 17A; and (b) reduced by the amount, if any, already paid by the relevant person to the chief executive under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the chief executive must— (a) give the relevant person a written itemised account of the costs comprising the fee; and (b) either— Page 14 2013 SL No. 212
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 5 Amendment of Keno Regulation 2007 [s 13] (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the chief executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the chief executive considers the relevant person has failed to comply with a requirement made by the chief executive under the Act, section 37 in relation to the investigation; (ii) the chief executive considers the investigation is finished; or (b) the chief executive considers the investigation has been completed for the chief executive’s purposes under the Act, section 36(2). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the chief executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the relevant person for the investigation under subsection (7)(a) is evidence of the costs. 2013 SL No. 212 Page 15
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 6 Amendment of Lotteries Regulation 2007 [s 14] Part 6 Amendment of Lotteries Regulation 2007 14 Regulation amended This part amends the Lotteries Regulation 2007. 15 Amendment of s 19 (Fees) Section 19(1), ‘in’— omit, insert— in section 19A and 16 Insertion of new ss 19A and 19B After section 19— insert— 19A Fee for particular investigations (1) This section applies to a person who is a business or executive associate of a primary licensee for whom the chief executive may undertake an investigation under the Act, section 36(2). (2) The person must pay to the chief executive the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation — • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs • travel and accommodation costs incurred inside or outside the State or overseas Page 16 2013 SL No. 212
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 6 Amendment of Lotteries Regulation 2007 [s 16] 19B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person ) under section 19A for an investigation. (2) The chief executive may require, in writing, the relevant person to pay all or part of the fee in advance. (3) The chief executive may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the chief executive may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be paid within 28 days after the requirement is made. (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the chief executive’s estimate or latest estimate of the fee payable under section 19A; and (b) reduced by the amount, if any, already paid by the relevant person to the chief executive under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the chief executive must— (a) give the relevant person a written itemised account of the costs comprising the fee; and (b) either— 2013 SL No. 212 Page 17
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 6 Amendment of Lotteries Regulation 2007 [s 16] Page 18 (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the chief executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the chief executive considers the relevant person has failed to comply with a requirement made by the chief executive under the Act, section 37 in relation to the investigation; (ii) the chief executive considers the investigation is finished; or (b) the chief executive considers the investigation has been completed for the chief executive’s purposes under the Act, section 36(2). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the chief executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the relevant person for the investigation under subsection (7)(a) is evidence of the costs. 2013 SL No. 212
Part 7 Gaming Legislation Amendment Regulation (No. 2) 2013 Part 7 Amendment of Racing Regulation 2013 [s 17] Amendment of Racing Regulation 2013 17 Regulation amended This part amends the Racing Regulation 2013. 18 Amendment of s 15 (Fees) Section 15, after ‘stated in’— insert— section 15A and 19 Insertion of new ss 15A and 15B Part 6— insert— 15A Fee for particular investigations (1) This section applies to a person who is a business or executive associate of an eligibility certificate holder for whom the gaming executive may undertake an investigation under the Act, section 225(1). (2) The person must pay to the gaming executive the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation — • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs • travel and accommodation costs incurred inside or outside the State or overseas 2013 SL No. 212 Page 19
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 7 Amendment of Racing Regulation 2013 [s 19] 15B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person ) under section 15A for an investigation. (2) The gaming executive may require, in writing, the relevant person to pay all or part of the fee in advance. (3) The gaming executive may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the gaming executive may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be paid within 28 days after the requirement is made. (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the gaming executive’s estimate or latest estimate of the fee payable under section 15A; and (b) reduced by the amount, if any, already paid by the relevant person to the gaming executive under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the gaming executive must— (a) give the relevant person a written itemised account of the costs comprising the fee; and (b) either— Page 20 2013 SL No. 212
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 7 Amendment of Racing Regulation 2013 [s 19] (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the gaming executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the gaming executive considers the relevant person has failed to comply with a requirement made by the gaming executive under the Act, section 214 in relation to the investigation; (ii) the gaming executive considers the investigation is finished; or (b) the gaming executive considers the investigation has been completed for the gaming executive’s purposes under the Act, section 225(1). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the gaming executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the 2013 SL No. 212 Page 21
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 8 Amendment of Wagering Regulation 1999 [s 20] relevant person for the investigation under subsection (7)(a) is evidence of the costs. Part 8 Amendment of Wagering Regulation 1999 20 Regulation amended This part amends the Wagering Regulation 1999. 21 Amendment of s 17 (Fees) Section 17(1), ‘in’— omit, insert— stated in section 17A and 22 Insertion of new ss 17A and 17B After section 17— insert— 17A Fee for particular investigations (1) This section applies to a person who is a business or executive associate of a wagering licensee for whom the chief executive may undertake an investigation under the Act, section 38(1). (2) The person must pay to the chief executive the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation — • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs Page 22 2013 SL No. 212
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 8 Amendment of Wagering Regulation 1999 [s 22] • travel and accommodation costs incurred inside or outside the State or overseas 17B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person ) under section 17A for an investigation. (2) The chief executive may require, in writing, the relevant person to pay all or part of the fee in advance. (3) The chief executive may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the chief executive may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be paid within 28 days after the requirement is made. (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the chief executive’s estimate or latest estimate of the fee payable under section 17A; and (b) reduced by the amount, if any, already paid by the relevant person to the chief executive under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the chief executive must— (a) give the relevant person a written itemised account of the costs comprising the fee; and 2013 SL No. 212 Page 23
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 8 Amendment of Wagering Regulation 1999 [s 22] Page 24 (b) either— (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the chief executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the chief executive considers the relevant person has failed to comply with a requirement made by the chief executive under the Act, section 40 in relation to the investigation; (ii) the chief executive considers the investigation is finished; or (b) the chief executive considers the investigation has been completed for the chief executive’s purposes under the Act, section 38(1). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the chief executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the 2013 SL No. 212
Gaming Legislation Amendment Regulation (No. 2) 2013 Part 8 Amendment of Wagering Regulation 1999 [s 22] relevant person for the investigation under subsection (7)(a) is evidence of the costs. ENDNOTES 1 Made by the Governor in Council on 31 October 2013. 2 Notified on the Queensland legislation website on 1 November 2013. 3 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 SL No. 212 Page 25
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