Interactive Gambling Act 1998 (ACT)
Interactive Gambling Act 1998
A1998-24
Republication No 10
Effective: 24 August 2022
Republication date: 24 August 2022
Last amendment made by A2022‑14
About this republication
The republished law
This is a republication of the Interactive Gambling Act 1998 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 August 2022. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 24 August 2022.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Interactive Gambling Act 1998
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Meaning of business associate and executive associate 2
5 Meaning of key person and key relationship 3
6 Meaning of agent 4
7 Incorporation of Control Act 5
8 Extraterritorial application of Act 5
Part 2 Control of interactive gambling
Division 2.1 The cooperative scheme
9 Declaration of participating jurisdictions and corresponding laws 6
Division 2.2 Authorised providers and authorised games
10 Authorised games 7
11 Authorisation to conduct interactive games 8
12 Change to conditions of authorisation 8
13 Revocation of authorisation 9
14 Conducting, or participating in, unauthorised interactive gambling 9
Division 2.3 Registration of players
15 Only players may participate in authorised games 10
16 Wagers must be covered by amount in player’s account 10
17 Provisional registration of players 10
18 Registration 12
18A Players’ accounts 13
18B Lists of excluded persons and disqualified persons 13
18C Players names 14
19 Player bound by rules of game 14
Division 2.4 Restriction of gambling venues
20 Use of premises for interactive gambling 14
Division 2.5 Exemption schemes
21 Meaning of exempted provider and exemption scheme 15
22 Approval of exemption schemes 15
23 Cancellation of approval 16
24 Ending of approved exemption scheme 17
Part 3 Interactive gambling licences
Division 3.1 Applications for, and issue of, interactive gambling licences
26 Application for interactive gambling licence 18
27 Consideration of application 18
28 Criteria for granting application 19
29 Suitability of applicant to hold interactive gambling licence 19
30 Suitability of business and executive associates 20
31 Procedure on decision 21
31A Licensed provider must comply with code of practice 21
32 Conditions of licence 21
33 Changing or adding conditions 21
34 Return of licence for endorsement of changed conditions 22
35 Particulars to be included in interactive gambling licence 22
Division 3.2 General provisions about interactive gambling licences
36 Interactive gambling licence not transferable 23
37 Mortgage and assignment of interactive gambling licence 23
38 Surrender of interactive gambling licence 24
Division 3.3 Suspension and cancellation of interactive gambling licences
39 Grounds for suspension or cancellation 24
40 Direction to rectify 26
41 Immediate suspension 27
42 Suspension after notice 27
43 Cancellation of licence 28
44 Appointment of administrator 29
45 Cancellation or reduction of period of suspension 30
Division 3.4 Security certificates
46 Security related decisions 30
Part 4 Key persons
Division 4.1 Requirement for key persons to be licensed
47 Obligation to hold licence 31
48 Requirement that unlicensed key person end role 31
49 Requirement to end key person’s role 32
Division 4.2 Issue of key person licences
50 Application for key person licence 32
51 Consideration of application 33
52 Decision on application 34
53 Particulars to be included in key person licence 34
54 Conditions 35
55 Changing conditions 35
56 Term of key person licence 36
57 Lapsing of key person licence 36
58 Replacement of key person licence 37
59 Surrender of key person licence 37
Division 4.3 Disciplinary action
60 Grounds for suspension or cancellation 38
61 Commission’s belief about suitability 39
62 Suspension of licence 39
63 Directions to rectify 39
64 Cancellation or reduction of period of suspension 40
65 Cancellation of key person licence 41
Division 4.4 Notification of key person licensees
66 Notice of commencement of key person licensee 42
67 Returns about licensees 42
Division 4.5 Requirements about key relationships
68 Notice of end of key relationship 43
69 Requirement to end key relationship 43
Part 5 Agents
Division 5.1 Agency agreements
70 Conditions for entering into agency agreement 44
71 Notice of agency agreement 45
72 Amendment of agency agreement 46
73 Returns about agents 46
Division 5.2 Disciplinary action
74 Grounds for disciplinary action 46
75 Formation of commission’s beliefs 47
76 Commission’s notice to end agreement 47
77 Suspension of agent’s operations 48
78 Direction to rectify 49
79 Ending of agreement 49
80 Notice of ending of agreement 50
Part 6 Licence fees and tax
Division 6.1 Preliminary
81 Meaning of interactive gambling tax 51
Division 6.2 Licence fees
82 Liability to licence fee 51
Division 6.3 Interactive gambling tax
83 Liability to tax 51
84 Returns for calculation of tax 52
Part 7 Compliance requirements
Division 7.1 Rules and directions
85 Rules 53
86 Directions 53
87 General responsibilities of licensed provider 53
88 Responsibility of licensed provider to ensure compliance by agent 54
89 Responsibility of agent 54
Division 7.2 Place of operation
90 Licensed provider’s place of operation 54
91 Agent’s place of operation 55
Division 7.3 Control systems
92 Authorised games to be conducted under approved control system 55
93 Control system submission 56
94 Changes to control systems 57
95 Consideration of, and decisions about, submissions 57
96 Direction to change approved control system 59
Division 7.4 Dealings involving players’ accounts
96A Players’ funds must be kept in trust account 59
97 Funds in player’s accounts to be remitted on demand 59
98 Licensed provider or agent not to act as credit provider 60
99 Licensed providers’ limited recourse to players’ accounts 60
100 Inactive players’ accounts 60
Division 7.5 Responsible gambling
101 Limitation on amount wagered 61
102 Prohibition of interactive gambling 62
Division 7.6 Gambling records
103 Definitions for div 7.6 63
104 Notices about keeping gambling records 64
105 Gambling records to be kept at certain place 65
Division 7.7 Financial accounts, statements and reports
106 Keeping of accounts 65
107 Preparation of financial statements and accounts 66
108 Submission of reports 66
Division 7.8 Audit
109 Audit of licensed provider’s operations 67
110 Audit reports 67
111 Further information following audit 67
Division 7.9 Ancillary and related agreements
112 Meaning of ancillary gambling agreement and related agreement 68
113 Ancillary gambling agreement 69
114 Approval of ancillary gambling agreements 69
115 Review of related agreements 69
116 Direction to end related agreement 70
Division 7.10 Official supervision
117 Monitoring operations 71
118 Presence of authorised officers at certain operations 71
Division 7.11 Prizes
119 Payment or collection of prizes 72
120 Disposal of unclaimed non-monetary prizes 72
121 Claim for prize 73
122 Entitlement to prize lapses if not claimed within 1 year 73
Division 7.12 Aborted games
123 Aborted games 74
124 Power to withhold prize in certain cases 74
Division 7.13 Approval and use of regulated interactive gambling equipment
125 Approval of regulated interactive gambling equipment 75
126 Use of regulated interactive gambling equipment 76
Division 7.14 Advertising
127 Advertising interactive gambling 77
128 Directions about advertising 77
Division 7.15 Complaints and improper behaviour
129 Inquiries about complaints 78
130 Reporting improper behaviour 79
Division 7.16 Gambling offences
131 Cheating 81
132 Impersonating certain persons 81
133 Participation in authorised games by employees of licensed providers 81
134 Participation by children in conduct of approved games prohibited 82
135 Participation by children as players prohibited 82
136 Offensive names prohibited 83
137 Interference with conduct of authorised games 83
138 Offences by certain persons 83
139 Licensed providers not to publish identity of players in certain cases 85
Part 8 Notification and review of decisions
140 Definitions—pt 8 86
141 Reviewable decision notices 86
142 Applications for review 87
Part 9 Miscellaneous
143 Destruction of prints and photographs 88
144 Acts and omissions of representatives 88
145 Determination of fees 89
146 Register of interactive gambling licences 90
147 Regulation-making power 90
Schedule 1 Reviewable decisions 91
Part 1.1 Primary decisions 91
Part 1.2 Reviewable decisions—commission 93
Dictionary94
Endnotes
1 About the endnotes 99
2 Abbreviation key 99
3 Legislation history 100
4 Amendment history 102
5 Earlier republications 115
Interactive Gambling Act 1998
An Act to regulate interactive gambling, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Interactive Gambling Act 1998.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘disqualified person—see section 18B.’ means that the term ‘disqualified person’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Meaning of business associate and executive associate
(1)A person is, for this Act, a business associate of a specified person if the Minister believes on reasonable grounds that—
(a)the firstmentioned person is associated with the ownership or management of the specified person’s operations; or
(b)if the specified person is not a licensed provider—the firstmentioned person will, if an interactive gambling licence is granted to the specified person, be associated with the ownership or management of the specified person’s operations.
(2)A person is, for this Act, an executive associate of a specified person if—
(a)the person is an executive officer of a corporation, a partner, trustee or person named in writing by the Minister; and
(b)the Minister believes on reasonable grounds that—
(i)the firstmentioned person is associated with the ownership or management of the specified person’s operations; or
(ii)if the specified person is not a licensed provider—the firstmentioned person will, if an interactive gambling licence is granted to the specified person, be associated with the ownership or management of the specified person’s operations.
(3)In this section:
specified person means—
(a)an applicant for an interactive gambling licence; or
(b)a proposed transferee of an interactive gambling licence; or
(c)a licensed provider; or
(d)an agent.
Meaning of key person and key relationship
(1)For this Act, a key person is a person who—
(a)occupies or acts in a managerial position, or carries out managerial functions, in relation to operations carried out under an interactive gambling licence or the business of the licensed provider; or
(b)is in a position to control or exercise significant influence over the operations conducted under an interactive gambling licence; or
(c)occupies or acts in a position designated in the licensed provider’s approved control system as a key position; or
(d)occupies a position with, or carries out functions for, a licensed provider that makes the person a key person under criteria prescribed under the regulations; or
(e)is a business or executive associate of a licensed provider designated by the commission, by written notice given to the licensed provider, as a key person.
(2)Subsection (1) (a) and (b) applies in relation to a position only if the position is designated by the commission by written notice given to the licensed provider as a key position.
(3)Subsection (1) (a) applies in relation to functions only if the functions are designated by the commission by written notice given to the licensed provider as key functions.
(4)For this Act, a key relationship is a relationship, other than a familial relationship, between a licensed provider and another person as a result of which the other person is a key person.
Meaning of agent
(1)For this Act, a person is an agent for a licensed provider if the person carries out, whether within or outside the ACT, any specified function on behalf of the licensed provider.
(2)For this Act, a person is an agent for an external provider if the person carries out, within the ACT, any specified function on behalf of the external provider.
(3)In this section:
specified function means—
(a)registering a player; or
(b)establishing a player’s account; or
(c)accepting a deposit for, or authorising a withdrawal from, a player’s account; or
(d)carrying out any other function that is classified as an agency function by the regulations.
Incorporation of Control Act
The Control Act is incorporated and must be read as one with this Act.
Extraterritorial application of Act
So far as the legislative power of the Assembly permits, this Act applies according to its tenor to—
(a)persons; and
(b)acts done, transactions entered into, events occurring and matters arising;
within or outside the ACT.
Part 2Control of interactive gambling
Division 2.1 The cooperative scheme
Declaration of participating jurisdictions and corresponding laws
(1)If the Minister is satisfied a law of a State or another Territory is compatible with this Act, the Minister may declare that—
(a)that State or Territory is a participating jurisdiction; and
(b)the relevant law of that State or Territory is a corresponding law.
(2)A declaration is not to be made under this section unless the Territory has entered into an agreement with the prospective participating regulator that makes, in the Minister’s opinion, adequate provision for the following matters:
(a)the taxation of authorised games on a uniform or consistent basis;
(b)collaboration between the commission and gaming officers of the Territory and authorities and gaming officers of the other jurisdiction engaged in the administration of the relevant law of the other jurisdiction;
(c)mutual recognition of licences and administrative acts between jurisdictions;
(d)sharing of tax revenue derived from interactive gambling on an equitable basis.
(3)A declaration under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Division 2.2 Authorised providers and authorised games
Authorised games
(1)Subject to this section, an interactive game is, for this Act, an authorised game if—
(a)a licensed provider is authorised to conduct it under this division; or
(b)subject to this section, an external provider is authorised to conduct it under the corresponding law of the participating jurisdiction where the provider is licensed.
(2)A game that an external provider is authorised to conduct under a corresponding law (an externally authorised game) is not an authorised game if the external provider is prohibited from conducting the game in the ACT by a prohibition under subsection (3).
(3)The Minister, if satisfied that the conduct of an externally authorised game in the ACT is contrary to the public interest, may, by written notice given to the external provider authorised under the corresponding law to conduct the game, prohibit the conduct of the game in the ACT.
(4)The Minister must not give a notice under subsection (3) unless the Minister has—
(a)given to the external provider and the relevant participating regulator written notice of the proposed prohibition and the reasons for it; and
(b)allowed each of them a reasonable opportunity to make representations; and
(c)considered any representation made.
(5)The Minister must give to the relevant participating regulator a copy of a notice under subsection (3).
(6)If a notice under subsection (3) has been given in relation to an interactive game, the game ceases to be an authorised game.
Authorisation to conduct interactive games
(1)The Minister may, on written application by a licensed provider, authorise the provider to conduct an interactive game on conditions stated in the authorisation.
(2)If the Minister refuses an application, the Minister must give the applicant written notice of the decision and the reasons for it.
Change to conditions of authorisation
(1)The Minister may, by written notice given to a licensed provider, change a condition on which an interactive game is authorised if the Minister is satisfied on reasonable grounds that—
(a)the conditions are not stringent enough to prevent a contravention of this Act; or
(b)compliance with the conditions cannot be effectively monitored or enforced; or
(c)it is in the public interest that the conditions be changed.
(2)The Minister must not give a notice under subsection (1) unless the Minister has—
(a)given the licensed provider written notice of the proposed change of condition and the reasons for it; and
(b)allowed the licensed provider a reasonable opportunity to make representations; and
(c)considered any representation made.
Revocation of authorisation
(1)The Minister may, by written notice given to a licensed provider, revoke the authorisation to provide a particular interactive game if the Minister is satisfied on reasonable grounds that—
(a)the conditions are not stringent enough to prevent a contravention of this Act; or
(b)compliance with the conditions cannot be effectively monitored or enforced; or
(c)it is in the public interest that the authorisation be revoked.
(2)The Minister must not give a notice under subsection (1) unless the Minister has—
(a)given to the licensed provider written notice of the proposed revocation and the reasons for it; and
(b)allowed the licensed provider a reasonable opportunity to make representations; and
(c)considered any representation made.
Conducting, or participating in, unauthorised interactive gambling
(1)A person other than an authorised provider must not—
(a)conduct an interactive game wholly or partly in the ACT; or
(b)knowingly allow another person who is in the ACT to participate in an interactive game;
unless the game is an authorised game.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person in the ACT must not—
(a)participate in an interactive game; or
(b)aid or abet the participation by another person in an interactive game;
knowing that the game is not an authorised game.
Maximum penalty: 40 penalty units.
(3)In this section:
authorised game includes a game authorised under a scheme approved under division 2.5.
Division 2.3 Registration of players
Only players may participate in authorised games
(1)A licensed provider must not permit a person other than a player to participate in an authorised game.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person must not participate in an authorised game with a licensed provider unless the person is a player.
Maximum penalty: 4 penalty units.
Wagers must be covered by amount in player’s account
A licensed provider must not accept a wager from a player in an authorised game unless a player’s account has been established in the name of the player with the provider and there are adequate funds in the account to cover the amount of the wager.
Provisional registration of players
(1)A person who applies to a licensed provider to be provisionally registered as a player must provide (by electronic or other means)—
(a)the person’s name and address; and
(b)details of the person’s account with an approved credit provider; and
(c)a statement that the person is at least 18 years old; and
(d)a statement that the law of the place where the person is does not prevent or disqualify the person from playing authorised games with the provider.
(2)A person must not provide false or misleading information in an application under this section.
Maximum penalty: 30 penalty units.
(3)The licensed provider must not provisionally register the person as a player if—
(a)the person is an excluded person or a disqualified person; or
(b)the person is not in good standing with the approved credit provider.
Maximum penalty: 50 penalty units.
(4)The licensed provider must cease to provisionally register a person—
(a)after 30 days; or
(b)if the provider registers the person under section 18; or
(c)if it comes to the notice of the provider that—
(i)the person is an excluded person; or
(ii)the person is not in good standing with the approved credit provider;
whichever occurs first.
Maximum penalty: 50 penalty units.
(5)In this section:
approved credit provider means a provider of credit approved in writing by the commission for this section.
Registration
(1)A person may apply, in writing, to a licensed provider to be registered as a player.
NoteIf a form is approved under the Control Act, s 53D (Approved forms) for an application under this subsection, the form must be used.
(2)The application must—
(a)provide evidence of a kind prescribed under the regulations—
(i)of the applicant’s identity; and
(ii)of the applicant’s place of residence; and
(iii)that the applicant is more than 18 years old; and
(b)contain a statement that the law of the place where the applicant is does not prevent or disqualify the applicant from playing authorised games with the provider.
(3)A person must not provide false or misleading information in an application under this section.
Maximum penalty: 30 penalty units.
(4)A licensed provider must not register the person unless—
(a)the person’s identity has been verified in accordance with the provider’s approved control system; and
(b)the other statements made by the applicant have been verified in a way approved by the commission; and
(c)the person is not a disqualified person.
Maximum penalty: 50 penalty units.
18APlayers’ accounts
(1)If a licensed provider has registered or provisionally registered a player, the provider must establish an account in the name of the player (the player’s account).
(2)The provider has a right to debit the amount of a wager from the player’s account.
(3)The player may have direct recourse to the account only—
(a)to ascertain the balance of funds in the account or to close the account; or
(b)to obtain the whole or part of an amount paid into the account as a prize in an authorised game; or
(c)as authorised by the licensed provider or the commission.
(4)The provider must not accept more than $100 in total deposits to the player’s account of a provisionally registered player.
18BLists of excluded persons and disqualified persons
(1)A person is a disqualified person if the person—
(a)is subject to a notice under section 102; or
(b)has been convicted of an offence against this division within the previous 5 years.
(2)A person is an excluded person if the person—
(a)has been provisionally registered as a player with a licensed provider within the previous 12 months; and
(b)has not been registered as a player with that or another licensed provider within the previous 12 months.
(3)The commission must maintain current lists of disqualified and excluded persons and must provide the lists from time to time to each licensed provider.
Maximum penalty: 50 penalty units.
(4)A person must not disclose information on a list under this section except as required for the operation of this Act or as otherwise required by law.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
18CPlayers names
For the purposes of playing an authorised game, a licensed provider may allow a registered or provisionally registered person to be identified by a nickname approved by the provider.
Player bound by rules of game
A player who participates in an authorised game must comply with rules of the game as notified to the player under the conditions on which the game is authorised.
Maximum penalty: 40 penalty units.
Division 2.4 Restriction of gambling venues
Use of premises for interactive gambling
A person must not—
(a)advertise that premises are available for playing interactive games; or
(b)knowingly seek to obtain a commercial advantage from the use of premises for playing interactive games.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Division 2.5 Exemption schemes
Meaning of exempted providerand exemption scheme
In this division:
exempted provider means a licensed provider in relation to whom an exemption scheme has been approved.
exemption scheme means a scheme that, if approved by the Minister, will exempt a licensed provider authorised to conduct games under the scheme from the application of provisions of this Act specified in the scheme to the extent specified in the scheme.
Approval of exemption schemes
(1)The Minister may approve an exemption scheme if the Minister is satisfied, on the written application by a licensed provider or an applicant for an interactive gambling licence, that—
(a)the exemption scheme complies with the criteria for approval of exemption schemes; and
(b)the approval of the exemption scheme is warranted in the circumstances of the case.
(2)An exemption scheme complies with the criteria for approval of exemption schemes if, and only if, the Minister is satisfied that—
(a)the standards of probity required under this Act for providers of interactive games and those involved in the conduct of interactive games will not be compromised by the approval of the scheme; and
(b)adequate and appropriate safeguards will exist to ensure the fairness of the interactive games to be conducted under the scheme and to protect the interests of players; and
(c)adequate and appropriate safeguards will exist to prevent participation in the interactive games to be conducted under the scheme by persons under 18 years old; and
(d)the scheme provides for other adequate and appropriate safeguards to ensure that the public interest is not affected in an adverse and material way by the conduct of interactive games under the scheme.
(3)An exemption scheme approved under this section is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Cancellation of approval
(1)The Minister may cancel the approval of an exemption scheme if the Minister is of the opinion that the scheme no longer complies with the criteria for approval of exemption schemes.
(2)The Minister must not cancel the approval of an approved exemption scheme unless the Minister has—
(a)given the exempted provider written notice of the proposed cancellation and the reasons for it; and
(b)allowed the exempted provider a reasonable opportunity to make representations; and
(c)considered any representation made.
(3)The Minister must give written notice of a cancellation to the exempted provider.
(4)A cancellation is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Ending of approved exemption scheme
An approved exemption scheme ends—
(a)when the Minister cancels the approval under this division; or
(b)if the approval was given for a specified period and has not been cancelled before the end of that period—at the end of that period.
Part 3Interactive gambling licences
Division 3.1 Applications for, and issue of, interactive gambling licences
Application for interactive gambling licence
(1)A person may apply to the commission for an interactive gambling licence.
Note 1A fee may be determined under s 145 (Determination of fees) for an application under this subsection.
Note 2If a form is approved under the Control Act, s 53D (Approved forms) for an application under this subsection, the form must be used.
(2)An application by an individual must be accompanied by—
(a)a written police report about the applicant’s character and criminal history (if any); and
(b)the imprints of the fingers and palms of both hands of the applicant; and
(c)a recent photograph of the applicant’s face.
Consideration of application
(1)Subject to this section, the Minister must consider an application that complies with section 26 and either grant or refuse it.
(2)The Minister may, by written notice given to the applicant, require the applicant to supply to the Minister further information or documentation that the Minister may reasonably require to give proper consideration to the application.
(3)If a notice under subsection (2) has been given, the Minister is not required to determine the application until the notice has been complied with.
(4)The Minister is not required to consider an application for an interactive gambling licence by an individual until the applicant satisfies the requirements of the regulations relating to satisfactory evidence of the applicant’s identity.
Criteria for granting application
(1)The Minister must not grant an application for an interactive gambling licence unless satisfied—
(a)the applicant is a suitable person to hold an interactive gambling licence; and
(b)each business or executive associate of the applicant is a suitable person to be associated with a licensed provider’s operations.
(2)The Minister may refuse to grant an application even if satisfied of the matters mentioned in subsection (1).
Suitability of applicant to hold interactive gambling licence
(1)For the purpose of deciding whether an applicant is a suitable person to hold an interactive gambling licence, the Minister must have regard to the following matters:
(a)the applicant’s character and business reputation;
(b)the applicant’s current financial position and financial background;
(c)if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;
(d)whether the applicant has, or is able to obtain, appropriate resources and appropriate services;
(e)whether the applicant has the appropriate business ability to conduct interactive games successfully under an interactive gambling licence;
(f)if the applicant has a business association with another entity—
(i)the entity’s character or business reputation; and
(ii)the entity’s current financial position and financial background;
(g)any other prescribed matter.
(2)In this section:
appropriate resources means financial resources that—
(a)are adequate, in the Minister’s opinion, to ensure the financial viability of operations conducted under an interactive gambling licence; and
(b)are available from a source that is not, in the Minister’s opinion, tainted with illegality.
appropriate services means the services of persons who have appropriate experience to ensure the proper and successful conduct of interactive games.
Suitability of business and executive associates
In deciding whether a business or executive associate of an applicant for an interactive gambling licence is a suitable person to be associated with a licensed provider’s operations, the Minister must have regard to the following matters:
(a)the person’s character and business reputation;
(b)the person’s current financial position and financial background;
(c)if the person has a business association with another entity—
(i)the entity’s character or business reputation; and
(ii)the entity’s current financial position and financial background;
(d)any other prescribed matter.
Procedure on decision
If the Minister grants an application for an interactive gambling licence, the Minister must promptly issue an interactive gambling licence to the applicant.
31ALicensed provider must comply with code of practice
A licensed provider must comply with the relevant code of practice (if any) prescribed under the Control Act.
Conditions of licence
An interactive gambling licence may be issued subject to the conditions the Minister considers necessary or desirable—
(a)for the proper conduct of interactive games; or
(b)in the public interest.
Changing or adding conditions
(1)If the Minister considers it necessary or desirable to do so—
(a)for the proper conduct of interactive games; or
(b)in the public interest;
the Minister may, subject to subsection (2), by written notice to the licensed provider, change or delete a condition to which an interactive gambling licence is subject, or add a condition.
(2)If a condition of an interactive gambling licence is designated in the licence as a condition that may be changed only by agreement between the Minister and the licensed provider, the condition may be changed or deleted only by agreement between those persons.
(3)A change of conditions takes effect on a day agreed between the Minister and the licensed provider or, in the absence of an agreement, the later of the following:
(a)the day the notice under subsection (1) is given to the licensed provider;
(b)if a later day is stated in the notice—the later day.
Return of licence for endorsement of changed conditions
(1)A licensed provider must not fail, without reasonable excuse, to return the licence to the Minister within 7 days of receiving a notice under section 33 (1).
Maximum penalty: 40 penalty units.
(2)On receiving a licence under subsection (1), the Minister must—
(a)amend the licence appropriately and return it to the licensed provider; or
(b)if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changes to the conditions, to the licensed provider.
(3)A change of conditions does not depend on the interactive gambling licence being amended to record the change or a replacement licence being issued.
Particulars to be included in interactive gambling licence
An interactive gambling licence must contain the following particulars:
(a)the licensed provider’s name;
(b)the date of issue of the licence;
(c)the period for which the licence is issued;
(d)the conditions that the licence is subject to;
(e)any other particulars prescribed under the regulations.
Note If a form is approved under the Control Act, s 53D (Approved forms) for a licence, the form must be used.
Division 3.2 General provisions about interactive gambling licences
Interactive gambling licence not transferable
Subject to section 37, an interactive gambling licence may not be transferred.
Mortgage and assignment of interactive gambling licence
(1)The Minister may, in writing, approve a mortgage, charge or other encumbrance over an interactive gambling licence.
(2)A right to sell or transfer an interactive gambling licence that arises from a mortgage, charge or encumbrance approved under subsection (1) may only be exercised in favour of a person approved in writing by the Minister.
(3)The Minister must not approve a person under subsection (2) unless satisfied that—
(a)the proposed transferee is a suitable person to hold an interactive gambling licence; and
(b)each business or executive associate of the proposed transferee is a suitable person to be associated with a licensed provider’s operations.
(4)For the purpose of making a decision under subsection (3), the Minister may require the proposed transferee of an interactive gambling licence to submit an application for the licence and may deal with the application, and investigate the suitability of the proposed transferee and the proposed transferee’s business and executive associates, in the same way as if the application were an application for a new interactive gambling licence.
(5)If a person has, under or because of, a mortgage, charge or encumbrance, a power to appoint a receiver or manager of the business conducted under an interactive gambling licence, the power may not be exercised unless the Minister has approved the proposed receiver or manager in writing.
Surrender of interactive gambling licence
(1)A licensed provider may surrender the licence by written notice given to the Minister.
(2)The surrender takes effect—
(a)if paragraph (b) does not apply—
(i)3 months after the notice is given; or
(ii)if a later day of effect is stated in the notice—on the later day; or
(b)if the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.
(3)A person who has surrendered a licence under this section must not fail, without reasonable excuse, to return the licence to the Minister within 7 days after the day when the surrender takes effect.
Maximum penalty: 40 penalty units.
Division 3.3 Suspension and cancellation of interactive gambling licences
Grounds for suspension or cancellation
(1)For this division, a ground for suspending or cancelling an interactive gambling licence exists if—
(a)the licensed provider is not, or is no longer, a suitable person to hold an interactive gambling licence; or
(b)a business or executive associate of the licensed provider is not, or is no longer, a suitable person to be associated with the licensed provider’s operations; or
(c)the licensed provider has been convicted of an offence against this Act, a tax law or a corresponding law; or
(d)the licensed provider has been convicted, in Australia or elsewhere, of an offence that is punishable on conviction by imprisonment for not less than 12 months; or
(e)the licensed provider has contravened a condition of the licence; or
(f)the licensed provider has contravened a provision of this Act or a corresponding law, being a provision the contravention of which does not constitute an offence; or
(g)the licensed provider has failed to discharge a financial commitment for the licensed provider’s operations; or
(h)the licensed provider is bankrupt or personally insolvent; or
(i)the licensed provider is affected by control action under the Corporations Act; or
(j)the interactive gambling licence was obtained by a materially false or misleading representation or in some other improper way.
(2)When considering whether the ground referred to in subsection (1) (a) exists, the Minister may have regard to the matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold an interactive gambling licence.
(3)When considering whether the ground referred to in subsection (1) (b) exists, the Minister may have regard to the matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with a licensed provider’s operations.
(4)For subsection (1) (i), a licensed provider is affected by control action under the Corporations Act if the licensed provider—
(a)has executed a deed of company arrangement under the Corporations Act; or
(b)is the subject of a winding-up, whether voluntary or under a court order, under the Corporations Act; or
(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under the Corporations Act.
Direction to rectify
(1)This section applies if—
(a)the Minister is satisfied on reasonable grounds that—
(i)a ground referred to in section 39 (1) exists; and
(ii)it is appropriate to give to the licensed provider an opportunity to rectify the matter or matters that give rise to the Minister’s belief; and
(b)the licensed provider has been given—
(i)written notice that the Minister proposes to give a direction under this section; and
(ii)a reasonable opportunity to make representations about the proposed direction under subsection (2).
(2)The Minister may, by written notice given to the licensed provider, direct the licensed provider to rectify the matter or matters specified in the notice in a way specified in the notice within the period specified in the notice, being a period that is reasonable having regard to the nature of the matter or matters to be rectified.
(3)A notice under this section must state the reasons for the decision to give the direction.
(4)A licensed provider must comply with a direction under this section.
Maximum penalty: 40 penalty units.
Immediate suspension
(1)The Minister may suspend an interactive gambling licence under this section if the Minister is satisfied on reasonable grounds that—
(a)a ground referred to in section 39 (1) exists; and
(b)the urgency of the matter does not permit the taking of action under section 40; and
(c)the circumstances require that the licence be suspended to ensure that—
(i)the public interest is not affected in an adverse and material way; or
(ii)the integrity of the conduct of interactive games by the licensed provider is not jeopardised in any way.
(2)A suspension under this section—
(a)must be effected by written notice given to the licensed provider; and
(b)takes effect when the notice is given; and
(c)is for the period specified in the notice.
Suspension after notice
(1)The Minister may suspend an interactive gambling licence under this section if a direction under section 40 has not been complied with.
(2)A suspension under this section—
(a)must be effected by written notice given to the licensed provider; and
(b)takes effect when the notice is given; and
(c)is for the period specified in the notice.
Cancellation of licence
(1)Subject to this section, the Minister may, by written notice to the holder of an interactive gambling licence, cancel the licence if—
(a)the Minister is satisfied on reasonable grounds that—
(i)a ground referred to in section 39 (1) exists; and
(ii)the circumstances on which the ground is based are of a serious and fundamental nature; or
(b)a direction under section 40 has not been complied with, being a direction given on grounds based on circumstances of a serious and fundamental nature.
(2)The Minister must not cancel a licence under subsection (1) (a) unless the Minister is satisfied that, unless the licence is cancelled—
(a)the integrity of the conduct of interactive games by the licensed provider may be jeopardised in a material way; or
(b)the public interest may be affected in an adverse or material way.
(3)Cancellation of a licence takes effect when the notice is given or, if the notice specifies a later day, on the later day.
(4)A person whose licence has been cancelled must not fail, without reasonable excuse, to return the licence to the commission within 7 days after the day the surrender takes effect.
Maximum penalty: 40 penalty units.
Appointment of administrator
(1)If the Minister is satisfied on reasonable grounds that—
(a)a ground referred to in section 39 (1) exists; and
(b)it is appropriate in the public interest to appoint an administrator to conduct operations under an interactive gambling licence;
the Minister may, by notice given to the licensed provider, appoint an administrator.
Note 1For laws about appointments, see the Legislation Act, pt 19.3.
Note 2Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)An appointment under subsection (1) takes effect when the notice is given to the licensed provider or, if a later date is specified in the notice, on the later date.
(3)An administrator—
(a)has full control of, and responsibility for, the operations of the licensed provider conducted under the interactive gambling licence, including authorised games that had been begun, but not completed, at the time of the administrator’s appointment; and
(b)subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the licensed provider.
Cancellation or reduction of period of suspension
The Minister may, by written notice to a licensed provider whose license is, or is to be, suspended—
(a)cancel the suspension; or
(b)reduce the remaining period of the suspension by a period specified in the notice.
Division 3.4 Security certificates
Security related decisions
If—
(a)the Minister makes a decision under this part; and
(b)that decision is based wholly or in part on a matter relating to the security of interactive gambling operations or of an authorised game;
the Minister must sign a certificate to that effect.
Part 4Key persons
Division 4.1 Requirement for key persons to be licensed
Obligation to hold licence
(1)A person must not, without reasonable excuse—
(a)accept employment as a key person; or
(b)agree to carry out as an employee the duties of a key person;
unless the person is a key person licensee.
Maximum penalty: 40 penalty units.
(2)A licensed provider must not employ a person to carry out the functions of a key person, unless the person is a key person licensee.
Maximum penalty: 40 penalty units.
Requirement that unlicensed key person end role
(1)This section applies if—
(a)a person has applied for a key person licence; and
(b)the application has been refused.
(2)If this section applies, the commission may, by written notice given to the person referred to in subsection (1), require the person to end the relevant key relationship within the period stated in the notice.
(3)A person must not, without reasonable excuse, fail to comply with a requirement under subsection (2) within the period stated in the notice.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4)A person does not incur any liability as a result of action taken to comply with a notice under this section.
Requirement to end key person’s role
(1)This section applies if a requirement is made of a person under section 48 and—
(a)the person fails to comply with the requirement; or
(b)the commission refuses to approve an application for a key person licence made by the person.
(2)If this section applies, the commission may, by written notice given to the licensed provider with whom the key relationship is believed to exist, require the licensed provider to take any necessary action to end the key relationship within the period stated in the notice.
(3)The licensed provider must comply with a requirement under subsection (2).
(4)A licensed provider does not incur any liability because of action taken to comply with a requirement under this section.
(5)This section applies in relation to a licensed provider despite any other Act or law.
Division 4.2 Issue of key person licences
Application for key person licence
(1)An individual may apply to the commission for a key person licence.
Note 1A fee may be determined under s 145 (Determination of fees) for an application under this subsection.
Note 2If a form is approved under the Control Act, s 53D (Approved forms) for an application under this subsection, the form must be used.
(2)An application must be accompanied by—
(a)a written police report about the applicant’s character and criminal history (if any); and
(b)the imprints of the fingers and palms of both hands of the applicant; and
(c)a recent photograph of the applicant’s face; and
(d)any other document prescribed under the regulations.
Consideration of application
(1)On receipt of an application for a key person licence the commission must, subject to this section—
(a)grant the application; or
(b)refuse to grant it.
(2)The commission may grant an application only if—
(a)if the application discloses that a key relationship exists or is proposed to exist with a licensed provider—the commission is satisfied of the existence or the proposed existence of the relationship; and
(b)the commission is satisfied that the applicant is a suitable person to hold a key person licence.
(3)In deciding whether an applicant is a suitable person to hold a key person licence, the commission may require the applicant to supply a written police report about the applicant’s criminal history and may have regard to—
(a)the application and the documents submitted with it; and
(b)the applicant’s character; and
(c)the applicant’s current financial position and financial background; and
(d)the applicant’s general suitability to carry out functions for a licensed provider as a key person.
(4)The commission is not required to consider an application for a key person licence until the applicant satisfies the requirements of the regulations relating to satisfactory evidence of the applicant’s identity.
Decision on application
(1)If the commission decides to grant an application for a key person licence, the commission must, as soon as practicable—
(a)issue a key person licence to the applicant; and
(b)give written notice of the issue of the licence to any relevant licensed provider.
(2)If the commission decides to refuse to grant an application for a key person licence, the commission must, as soon as practicable—
(a)notify the applicant in writing of the decision and the reasons for the decision; and
(b)if the commission believes that a key relationship is in existence between the applicant and a licensed provider—give a copy of the notice to the licensed provider.
Particulars to be included in key person licence
A key person licence must contain the following particulars:
(a)the licensee’s name;
(b)the date of issue of the licence;
(c)the conditions that the licence is subject to;
(d)a recent photograph of the applicant’s face;
(e)any other particulars prescribed under the regulations.
Note If a form is approved under the Control Act, s 53D (Approved forms) for a licence, the form must be used.
Conditions
(1)A key person licence may be issued subject to the conditions the commission considers necessary or desirable—
(a)for the proper conduct of interactive games; or
(b)in the public interest.
(2)If a licence has been issued subject to a condition, the commission must, as soon as practicable, notify in writing any relevant licensed provider of the condition.
Changing conditions
(1)If the commission considers it necessary or desirable—
(a)for the proper conduct of interactive games; or
(b)in the public interest;
the commission may, by written notice to the key person licensee—
(c)alter a condition of the licence; or
(d)omit a condition; or
(e)add a condition to the licence.
(2)If—
(a)a notice under subsection (1) has been given; and
(b)the commission believes that there is in existence a key relationship between the licensee and a licensed provider;
the commission must give a copy of the notice to the licensed provider.
(3)A key person licensee who has received a notice under subsection (1) commits an offence if the licensee fails, without reasonable excuse, to return the licence to the commission within 7 days of receiving the notice.
Maximum penalty: 40 penalty units.
(4)On receiving a licence under subsection (3), the commission must—
(a)amend the licence in an appropriate way and return the amended licence to the key person licensee; or
(b)if the commission does not consider it practicable to amend the licence—issue another key person licence, incorporating the changes to the conditions, to the key person licensee to replace the licence returned to the commission;
as soon as practicable.
(5)An alteration, omission or addition of a condition takes effect—
(a)subject to paragraph (b), on the day the notice under subsection (1) is given to the key person licensee; or
(b)if a later day of effect is stated in the notice—on the later day.
Term of key person licence
A key person licence remains in force until it lapses or is cancelled or surrendered or a replacement licence is issued for it.
Lapsing of key person licence
A key person licence lapses if there has been no key relationship between the key person licensee and a licensed provider for a continuous period of 1 year.
Replacement of key person licence
(1)If—
(a)written application is made to the commission for the replacement of a key person licence; and
(b)the commission is satisfied that the licence has been lost, stolen, destroyed or damaged in a way that warrants replacement;
the commission may issue a replacement licence to the key person licensee.
Note A fee may be determined under s 145 (Determination of fees) for an application under this subsection.
(2)A replacement licence must be on the same terms, and be subject to the same conditions, as the licence it replaces.
(3)If—
(a)the commission has refused an application for the replacement of a key person licence; and
(b)the commission believes that a key relationship exists between the key person licensee and a licensed provider;
the commission must, as soon as practicable, give a copy of the notice by which the decision has been notified to the applicant to the licensed provider.
Surrender of key person licence
(1)A key person licensee may surrender the licence by written notice given to the commission.
(2)The surrender takes effect on—
(a)the day the notice is given to the commission; or
(b)if a later day of effect is stated in the notice—the later day.
(3)If the commission believes that a key relationship existed between the key person licensee and a licensed provider at the time of the surrender, the commission must promptly give notice of the surrender to the licensed provider.
(4)A person who has surrendered a licence under this section must not fail, without reasonable excuse, to return the licence to the commission within 7 days after the day the surrender takes effect.
Maximum penalty: 40 penalty units.
Division 4.3 Disciplinary action
Grounds for suspension or cancellation
Each of the following is a ground for suspending or cancelling a key person licence:
(a)that the licensee is not, or is no longer, a suitable person to hold a key person licence;
(b)the licensee has been convicted of an offence against this Act, a tax law or a corresponding law;
(c)the licensee has been convicted of an indictable offence;
(d)the licensee has contravened a condition of the licence;
(e)the licensee has contravened a provision of this Act or a corresponding law, being a provision a contravention of which does not constitute an offence;
(f)the licence was obtained by a materially false or misleading representation or declaration or in any other improper way.
Commission’s belief about suitability
For the purpose of forming a belief that the ground referred to in section 60 (1) (a) exists, the commission may have regard to the same matters as those to which the commission may have regard to when deciding whether an applicant for a key person licence is a suitable person to hold a key person licence.
Suspension of licence
(1)The commission may, by written notice to the holder of a key person licence, suspend the licence if satisfied on reasonable grounds that—
(a)a ground referred to in section 60 exists; and
(b)it is necessary to suspend the licence in the public interest or to ensure that the integrity of the conduct of interactive games is not jeopardised.
(2)A notice under subsection (1) must state the date until which the licence is suspended.
(3)The suspension takes effect when the notice under this section is given.
(4)If the commission believes that a key relationship exists between the key person licensee and a licensed provider at the time of the giving of a notice under this section, the commission must promptly give notice of the suspension to the licensed provider.
Directions to rectify
(1)This section applies if the commission believes on reasonable grounds that—
(a)a ground referred to in section 60 exists; and
(b)it is appropriate to give the key person licensee an opportunity to rectify a matter on which the ground is based.
(2)If this section applies, the commission may, by notice to the key person licensee in accordance with this section, direct the licensee to take the action specified in the notice to rectify the matter.
(3)A notice under subsection (2) must—
(a)be in writing; and
(b)state the basis for the formation of the commission’s belief; and
(c)specify a period that is reasonable in the circumstances within which the licensee must comply with the notice.
(4)The commission must not give a notice under subsection (2) unless, before doing so, the commission has—
(a)notified the key person licensee in writing of the grounds that may cause the commission to issue a direction to rectify a specified matter and that the key person licensee may show cause, within a specified period after the date of the notice, (being a period that is reasonable in the circumstances) why the direction should not be issued; and
(b)considered any representation made within that period.
(5)If the commission believes that a key relationship exists between the key person licensee and a licensed provider at the time of the giving of a notice under subsection (2), the commission must promptly give a copy of the notice to the licensed provider.
(6)A key person licensee must comply with a direction under this section.
Maximum penalty (subsection (6)): 20 penalty units.
Cancellation or reduction of period of suspension
(1)The commission may at any time, by written notice to a key person licensee whose licence is under suspension—
(a)cancel the remaining period of the suspension; or
(b)reduce the remaining period of suspension by a period specified in the notice.
(2)The commission must give a copy of a notice under subsection (1) to any licensed provider to whom a notice under section 62 (4) was given when the relevant licence was suspended.
Cancellation of key person licence
(1)The commission may, by written notice to the holder of a key person licence, cancel the licence if—
(a)the commission is satisfied on reasonable grounds that—
(i)a ground referred to in section 60 exists; and
(ii)it is necessary to cancel the licence in the public interest or to ensure that the conduct of interactive games is not jeopardised; or
(b)a direction under section 63 has not been complied with.
(2)A cancellation under this section takes effect on the day when the notice is given or, if the notice specifies a later day, on the later day.
(3)If the commission believes that a key relationship exists between the key person licensee and a licensed provider at the time of the giving of a notice under subsection (1), the commission must promptly give a copy of the notice to the licensed provider.
(4)A person whose licence has been cancelled under this section must not fail, without reasonable excuse, to return the licence to the commission within 7 days after the day the surrender takes effect.
Maximum penalty: 20 penalty units.
Division 4.4 Notification of key person licensees
Notice of commencement of key person licensee
Within 7 days after a key person licensee commences to carry out functions for a licensed provider, the licensed provider must notify the commission in writing of the commencement.
Maximum penalty: 40 penalty units.
Note If a form is approved under the Control Act, s 53D (Approved forms) for a notification under this section, the form must be used.
Returns about licensees
(1)A licensed provider must, within 14 days after each return day, give a return to the commission that describes the functions being performed on the return day by each key person licensee.
Maximum penalty: 10 penalty units.
Note If a form is approved under the Control Act, s 53D (Approved forms) for a return under this subsection, the form must be used.
(2)For this section, each of the following is a return day for a licensed provider:
(a)the day 6 months after the day of issue of the licence;
(b)a day that is a multiple of 6 months after the day mentioned in paragraph (a);
(c)a day specified in a written notice given by the commission to the provider.
Division 4.5 Requirements about key relationships
Notice of end of key relationship
Within 7 days after a key relationship between a licensed provider and another person ends, the licensed provider must notify the commission in writing of the end of the relationship.
Maximum penalty: 40 penalty units.
Note If a form is approved under the Control Act, s 53D (Approved forms) for a notification under this section, the form must be used.
Requirement to end key relationship
(1)This section applies if—
(a)a key relationship exists between a licensed provider and a key person licensee; and
(b)the key person licence is suspended or the key person licensee ceases to hold a key person licence because of cancellation or for any other reason.
(2)If this section applies, the commission may, by written notice given to the licensed provider, require the licensed provider to end the key relationship within the period stated in the notice.
(3)A licensed provider must comply with a requirement under subsection (2).
(4)This section has effect despite another Act or law or any industrial award or agreement.
(5)A licensed provider does not incur any liability under another Act or law or any industrial award or agreement by complying with a requirement of the commission under this section.
Part 5Agents
Division 5.1 Agency agreements
Conditions for entering into agency agreement
(1)A licensed provider must not appoint a person as the provider’s agent unless—
(a)the person is—
(i)for an individual—at least 18 years old; and
(ii)eligible to be an agent under criteria prescribed by the regulations; and
(b)the appointment is made under an agency agreement that includes any provision required by the commission; and
(c)the provider—
(i)has made inquiries about the person and each associated person; and
(ii)is satisfied on reasonable grounds—
(A)that the person is of good business reputation; and
(B)that each associated person is of good character and is in a sound financial position; and
(C)as to any other prescribed matters.
Note If a form is approved under the Control Act, s 53D (Approved forms) for an appointment under an agency agreement, the form must be used.
(2)The commission must not require the inclusion of a provision in an agency agreement unless the commission believes on reasonable grounds that the inclusion of the provision is reasonably necessary to ensure—
(a)that the integrity of the conduct of interactive games is not jeopardised in a material way; or
(b)that the public interest is not affected in an adverse and material way.
(3)A licensed provider must not—
(a)appoint; or
(b)purport to appoint;
a person as an agent otherwise than in accordance with this section.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(4)In this section:
associated person, in relation to a proposed agent, means—
(a)if the proposed agent is an individual—the person; and
(b)if the proposed agent is a body corporate—each director; and
(c)each business associate of the proposed agent.
Notice of agency agreement
Within 7 days after entering into an agency agreement, a licensed provider must give to the commission a copy of the agreement.
Amendment of agency agreement
(1)An agency agreement may only be amended if the commission has given written approval to the amendment.
(2)The commission may withhold approval of a proposed amendment only if it is necessary to do so in the public interest or to protect proper standards of integrity in the conduct of interactive games.
Returns about agents
(1)A licensed provider must, within 14 days after each return day, give a return to the commission that lists the provider’s agents on the return day.
Maximum penalty: 10 penalty units.
(2)For this section, each of the following is a return day of a licensee:
(a)the day 6 months after the commencement of this section;
(b)a day that is a multiple of 6 months after the day mentioned in paragraph (a).
Division 5.2 Disciplinary action
Grounds for disciplinary action
Each of the following is a ground for disciplinary action in relation to an agent for this division:
(a)that the agent is not, or is no longer, eligible to be an agent for a licensed provider;
(b)that the agent is not, or is no longer, a suitable person to be an agent;
(c)that a business or executive associate of the agent is not, or is no longer, a suitable person to be associated with an agent’s operations;
(d)that the agent has been convicted of an offence against this Act, a tax law or a corresponding law;
(e)that the agent has been convicted, in Australia or elsewhere, of any other offence punishable on conviction by imprisonment for not less than 12 months;
(f)that the agent has contravened a provision of this Act or a corresponding law, being a provision a contravention of which does not constitute an offence.
Formation of commission’s beliefs
(1)For the purpose of forming a belief that the ground mentioned in section 74 (1) (b) exists, the commission may have regard to—
(a)the agent’s character or business reputation; and
(b)the agent’s current financial position and financial background; and
(c)the agent’s general suitability to act as an agent for a licensed provider.
(2)For forming a belief that the ground mentioned in section 74 (1) (c) exists, the commission may have regard to the business or executive associate’s character or business reputation, current financial position and financial background.
Commission’s notice to end agreement
If the commission is satisfied on reasonable grounds—
(a)that a ground for disciplinary action exists in relation to an agent; and
(b)that the ground is based on serious and fundamental circumstances; and
(c)that—
(i)the integrity of the conduct of interactive games by the relevant licensed provider may be jeopardised; or
(ii)the public interest may be affected adversely;
the commission may, by written notice given to the agent and the licensed provider, direct the licensed provider to end the agency agreement between them within a period specified in the notice.
Suspension of agent’s operations
(1)If the commission is satisfied on reasonable grounds—
(a)that a ground for disciplinary action exists in relation to an agent; and
(b)that it is necessary to suspend an agent’s operations—
(i)to ensure that the integrity of the conduct of interactive games by the relevant licensed provider is not jeopardised; or
(ii)in the public interest;
the commission may, by written notice given to the agent and the licensed provider, direct the agent to carry out no functions under the agency agreement between them for the period specified in the notice.
(2)An agent to whom a notice under this section has been given must not carry out any functions in contravention of the notice.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Direction to rectify
(1)If the commission is satisfied on reasonable grounds that—
(a)a ground for disciplinary action exists in relation to an agent; and
(b)it is appropriate to give the agent an opportunity to rectify the matter on which the disciplinary ground is founded;
the commission may, by written notice given to the agent and the relevant licensed provider, direct the agent to rectify a matter specified in the notice within the period specified in the notice.
(2)An agent to whom a notice under this section has been given must comply with the notice.
Maximum penalty: 20 penalty units.
Ending of agreement
(1)A licensed provider who has been given a notice under section 76 to end an agency agreement must—
(a)end the agreement within the period stated in the notice; and
(b)notify the commission in writing of the ending of the agreement within 7 days after ending it.
Note If a form is approved under the Control Act, s 53D (Approved forms) for a notification under this subsection, the form must be used.
(2)If the licensed provider does not end the agency agreement as required by subsection (1), the agreement is ended, by this subsection, at the end of the period stated in the notice.
(3)The Territory does not incur any liability if an agency agreement is ended by a licensed provider under subsection (1) or by subsection (2).
(4)A licensed provider does not incur any liability because the licensed provider ends an agency agreement under subsection (1).
Notice of ending of agreement
(1)This section applies if an agency agreement is ended otherwise than because of a direction to end the agreement given to the licensed provider by the commission.
(2)If this section applies, the licensed provider must notify the commission in writing of the ending of the agreement within 7 days after the agreement is ended.
Maximum penalty: 40 penalty units.
Part 6Licence fees and tax
Division 6.1 Preliminary
Meaning of interactive gambling tax
In this part:
interactive gambling tax means the tax payable under section 83.
Division 6.2 Licence fees
Liability to licence fee
(1)A licensed provider must pay to the commission the fee (the licence fee) payable for the licence issued to the provider.
(2)The licence fee is payable—
(a)on the day the provider is granted the licence; and
(b)on each anniversary of that day.
(3)The licence is suspended if a licence fee that is payable has not been paid.
Division 6.3 Interactive gambling tax
Liability to tax
(1)A licensed provider must pay to the Territory a tax for each authorised game conducted by the licensed provider.
(2)Interactive gambling tax is to be calculated and paid in accordance with the regulations.
Returns for calculation of tax
Within 7 days after the end of each month, a licensed provider must give the commission a return containing—
(a)the information for calculating interactive gambling tax on games conducted by the licensed provider during the relevant month that is prescribed; and
(b)the other information prescribed for this paragraph.
Maximum penalty: 40 penalty units.
Note If a form is approved under the Control Act, s 53D (Approved forms) for a return under this section, the form must be used.
Part 7Compliance requirements
Division 7.1 Rules and directions
Rules
(1)The Minister may determine rules relating to—
(a)the conduct of authorised games by licensed providers; or
(b)prizes in authorised games conducted by licensed providers; or
(c)the other matters relating to interactive gambling the Minister considers necessary.
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Directions
The commission may, by written notice given to—
(a)a licensed provider; or
(b)licensed providers specified in the notice; or
(c)all licensed providers;
give directions about the conduct of authorised games by that provider, the specified providers or all providers.
General responsibilities of licensed provider
A licensed provider must comply with—
(a)the rules determined by the Minister under this division; and
(b)any direction given by the commission under this division.
Maximum penalty: 40 penalty units.
Responsibility of licensed provider to ensure compliance by agent
A licensed provider must ensure that every person who is an agent for the provider—
(a)is aware of the requirements of the rules, and any directions, under this division; and
(b)complies with those rules and directions.
Maximum penalty: 40 penalty units.
Responsibility of agent
(1)An agent must comply with—
(a)rules determined by the Minister under this division; and
(b)any direction given by the commission under this division.
Maximum penalty: 40 penalty units.
(2)It is a defence to a prosecution for a breach of subsection (1) (b) if the agent satisfies the court that the agent did not know, and could not reasonably be expected to have known, of the requirements of the direction.
Division 7.2 Place of operation
Licensed provider’s place of operation
(1)A licensed provider must not conduct an authorised game unless the place or places of operation from which the game is conducted—
(a)is or are approved in writing by the commission; and
(b)the approval has not been revoked.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A licensed provider must ensure that any regulated interactive gambling equipment used by the licensed provider for the conduct of authorised games is situated at a place approved under subsection (1).
Maximum penalty: 50 penalty units.
Agent’s place of operation
An agent must not carry on operations in the ACT at a place other than a place that—
(a)is approved in writing by the commission; and
(b)if the agent is an agent for a licensed provider—is stated in the agency agreement as the agent’s place of operation.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Division 7.3 Control systems
Authorised games to be conducted under approved control system
(1)A licensed provider may conduct an authorised game only if—
(a)the licensed provider has obtained approval of a control system by the commission; and
(b)the game is conducted under the system.
(2)A licensed provider may change the approved control system only—
(a)with the approval of, or as directed by, the commission; and
(b)in the way directed or approved by the commission.
Control system submission
(1)A licensed provider may make a submission in accordance with this section to the commission for approval of a proposed control system (a control system submission).
(2)A control system submission must be in writing.
(3)A control system submission must describe and explain the licensed provider’s proposed control system.
(4)Without limiting subsection (3), a control system submission must include information about—
(a)the following things to be used for the conduct of interactive games:
(i)accounting systems and procedures and chart of accounts;
(ii)administrative systems and procedures;
(iii)computer software;
(iv)standard forms and terms; and
(b)the general procedures to be followed for the conduct of interactive games; and
(c)the procedures and standards for the maintenance, security, storage and transportation of equipment to be used for the conduct of interactive games; and
(d)the procedures for recording and paying prizes won in interactive games; and
(e)the procedures for using and maintaining security facilities; and
(f)the positions to be designated as key positions.
Part 9Miscellaneous
Destruction of prints and photographs
If—
(a)an application by a person to the Minister or the commission for a licence under this Act is refused; or
(b)a licence held by a person is surrendered or cancelled;
and the person had lodged with the Minister or the commission, in connection with the application referred to in paragraph (a) or the application for the licence referred to in paragraph (b), the imprint of the finger prints or palm prints or a photograph of the person, the Minister or commission must destroy—
(c)the imprint of the finger prints and palm prints, and the photograph, of that person, that accompanied that application or the application for that licence; and
(d)any copy of that imprint, or those imprints, and of that photograph, that is in the possession or control of the Minister or commission for a purpose connected with that application, or the application for that licence.
Acts and omissions of representatives
(1)In this section:
person means an individual.
NoteSee the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
(a)the person’s knowledge, intention, opinion, belief or purpose; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
(2)This section applies to a prosecution for any offence against this Act.
(3)If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
(a)the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)the representative had the state of mind.
(4)An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
(5)However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
(6)A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
Determination of fees
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Register of interactive gambling licences
(1)The commission must establish and maintain, in the form the commission considers appropriate, a register of interactive gambling licences issued under this Act on which there must be entered—
(a)particulars of the person to whom the licence has been issued; and
(b)particulars of the issue and any suspension, cancellation or surrender of the licence; and
(c)particulars of any conditions to which the licence is subject; and
(d)any other particulars that the commission considers appropriate.
(2)A person may inspect and make copies of the register under this section at the office of the commission during ordinary business hours.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Schedule 1Reviewable decisions
(see pt 8)
Part 1.1Primary decisions
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 27 (1) | refuse to grant application for interactive gambling licence | applicant for licence |
| 2 | 32 | impose condition on interactive gambling licence | applicant for licence |
| 3 | 33 (1) | change condition on interactive gambling licence | licensed provider |
| 4 | 33 (1) | add condition to interactive gambling licence | licensed provider |
| 5 | 37 (1) | refuse to approve mortgage, charge or other encumbrance over interactive gambling licence | applicant for approval |
| 6 | 37 (2) | refuse to approve sale or transfer of interactive gambling licence | applicant for approval |
| 7 | 40 (2) | direct the notification of a stated matter | licensed provider |
| 8 | 41 (1) | suspend interactive gambling licence | entity that has licence suspended |
| 9 | 42 (1) | suspend interactive gambling licence | entity that has licence suspended |
| 10 | 43 (1) | cancel interactive gambling licence | entity that has licence cancelled |
| 11 | 44 (1) | appoint administrator | licensed provider |
| 12 | 45 (a) | refuse to cancel suspension of interactive gambling licence | entity that has licence suspended |
| 13 | 45 (b) | refuse to reduce remaining period of suspension of interactive gambling licence | entity that has licence suspended |
Part 1.2Reviewable decisions—commission
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 54 (1) | impose condition on key person licence | applicant for key person licence |
| 2 | 55 (1) (c) | alter condition of ley person licence | key person licensee |
| 3 | 55 (1) (d) | omit condition from key person licence | key person licensee |
| 4 | 55 (1) (e) | add condition to key person licence | key person licensee |
| 5 | 58 (1) | refuse to issue replacement key person licence | key person licensee |
| 6 | 62 (1) | suspend key person licence | entity that has licence suspended |
| 7 | 65 (1) | cancel key person licence | entity that has licence cancelled |
| 8 | 72 (1) | direct agency agreement be amended | licensed provider |
| 9 | 102 (4) (a) | prohibit person from participating in authorised games | person prohibited |
| 10 | 102 (4) (b) | refuse to make order | applicant for order |
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· bankrupt or personally insolvent
· contravention
· Corporations Act
· entity
· indictable offence
· individual
· person
· reviewable decision notice
· State
· the Territory.
Note 3The Control Act contains definitions relevant to this Act. For example, the following terms are defined in the Control Act, dictionary:
· authorised officer
· code of practice
· commission
· gaming officer.
agency agreement means an agreement between a licensed provider and another person—
(a)appointing the other person as an agent of the licensed provider; and
(b)dealing with the agent’s authority; and
(c)stating the conditions under which the agent acts as, and remains, an agent of the licensed provider.
agent—see section 6.
ancillary gambling agreement, for division 7.9 (Ancillary and related agreements)—see section 112.
approved control system means a control system approved by the commission under section 95, and includes an approved control system changed with the approval, or under a direction, of the commission.
approved place, for division 7.6 (Gambling records)—see section 103.
authorised game—see section 10.
authorised provider means a licensed provider or an external provider.
business associate—see section 4.
Control Act means the Gambling and Racing Control Act 1999.
control system means a system of internal controls and administrative and accounting procedures for the conduct of interactive games by a licensed provider.
corresponding law means a law declared to be a corresponding law under section 9 (1) (b).
disqualified person—see section 18B.
excluded person—see section 18B.
executive associate—see section 4.
exempted provider, for division 2.5 (Exemption schemes)—see section 21.
exempt gambling record, for division 7.6 (Gambling records)—see section 103.
exemption scheme, for division 2.5 (Exemption schemes)—see section 21.
external provider means a person who is licensed under a corresponding law to conduct interactive games.
financial institution means—
(a)a bank; or
(b)a building society; or
(c)a credit union; or
(d)a friendly society; or
(e)another entity prescribed by the regulations.
game includes a scheme or arrangement.
interactive gambling means gambling that is—
(a)conducted by means of interactive games in which a person participates by means of the internet or any other telecommunication medium; and
(b)not regulated by another gambling law.
interactive gambling tax, for part 6 (Licence fees and tax)—see section 81.
interactive game means a game in which—
(a)a prize consisting of money or anything else of value is offered or can be won under the rules of the game; and
(b)a person—
(i)enters the game or takes any step in the game by means of a telecommunication device; and
(ii)gives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and
(c)the winner of the prize is decided—
(i)wholly or partly by chance; or
(ii)by a competition or other activity in which the outcome is wholly or partly dependent on the skill of the person or another person.
intergovernmental agreement means an agreement referred to in section 9 (2).
key person—see section 5.
key person licence means a licence issued under section 52.
key person licensee means a person who holds a key person licence.
key relationship—see section 5.
licensed provider means a person who is licensed under this Act to conduct interactive games.
participating jurisdiction means a State or another Territory declared to be a participating jurisdiction under section 9 (1) (a).
participating regulator means the Minister of State in the government of a participating jurisdiction who is responsible for the administration of a corresponding law.
player, for a licensed provider, means a person who is—
(a)registered under section 18; or
(b)provisionally registered under section 17;
with the provider.
player’s account—see section 18A.
primary decision, for part 8 (Notification and review of decisions)—see section 140.
public office, for division 7.6 (Gambling records)—see section 103.
regulated interactive gambling equipment means gambling equipment declared by the regulations to be regulated interactive gambling equipment.
related agreement, for division 7.9 (Ancillary and related agreements)—see section 112.
reviewable decision, for part 8 (Notification and review of decisions)—see section 140.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Interactive Gambling Act 1998 A1998‑24
notified 10 July 1998 (Gaz 1998 No S190)
s 1, s 2 commenced 10 July 1998 (s 2 (1))remainder commenced 24 September 1998 (s 2 (2) and Gaz 1998 No 38)
as amended by
Taxation Administration (Consequential and Transitional Provisions) Act 1999 A1999‑5 sch 2
notified 1 March 1999 (Gaz 1999 No S8)
commenced 1 March 1999 (s 2)
Gambling and Racing Control (Consequential Provisions) Act 1999 A1999‑47 sch
notified 17 September 1999 (Gaz 1999 No S54)
s 1, s 2 commenced 17 September 1999 (s 2 (1))sch commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)
Gambling Legislation Amendment Act 1999 A1999‑56 pt 4
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (s 2 (1))pt 4 commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 195
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 195 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.24
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 1 pt 1.24 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 1 pt 1.2, sch 3 pt 3.12
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))sch 1 pt 1.2, sch 3 pt 3.12 commenced 25 August 2004 (s 2 (1))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.35
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.35 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.57
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.57 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.40
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.40 commenced 17 December 2009 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.25
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))sch 3 pt 3.25 commenced 1 March 2011 (s 2)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.12
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))sch 3 pt 3.12 commenced 25 November 2013 (s 2)
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.24
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.24 commenced 24 August 2022 (s 2)Amendment history
Dictionary
s 2om A2001‑44 amdt 1.2213
ins A2004‑42 amdt 3.60
Notes
s 3defs reloc to dict A2004‑42 amdt 3.59
sub A2004‑42 amdt 3.60
def agent om A2004‑42 amdt 3.58
def approved form om A2001‑44 amdt 1.2214
def authorised game om A2004‑42 amdt 3.58
def authorised tax officer sub A1999‑5 sch 2
om A1999‑47 sch
def business associate om A2004‑42 amdt 3.58
def commissioner sub A1999‑5 sch 2
om A1999‑47 sch
def determined fee om A2001‑44 amdt 1.2214
def executive associate om A2004‑42 amdt 3.58
def tax law om A1999‑5 sch 2
Meaning of business associate and executive associate
s 4am A2022‑14 amdt 3.123
Meaning of key person and key relationship
s 5am A1999‑47 sch
Meaning of agent
s 6am A1999‑47 sch; A2022‑14 amdt 3.123
Incorporation of Control Act
s 7sub A1999‑5 sch 2; A1999‑47 sch
am A2011‑3 amdt 3.244
The cooperative scheme
div 2.1 hdg(prev pt 2 div 1 hdg) renum R2 LA
Declaration of participating jurisdictions and corresponding laws
s 9am A1999‑47 sch; A2001‑44 amdt 1.2215, amdt 1.2216; A2004‑42 amdt 3.61, amdt 3.62; A2011‑3 amdt 3.245; A2022‑14 amdt 3.124
Authorised providers and authorised games
div 2.2 hdg(prev pt 2 div 2 hdg) renum R2 LA
Authorised games
s 10am A2011‑3 amdt 3.246; A2022‑14 amdt 3.125, amdt 3.126
Authorisation to conduct interactive games
s 11am A1999‑56 s 72; ss renum R2 LA; A2004‑42 amdt 3.63; A2011‑3 amdt 3.246; A2022‑14 amdt 3.126
Change to conditions of authorisation
s 12am A2011‑3 amdt 3.246; A2022‑14 amdt 3.126
Revocation of authorisation
s 13am A2011‑3 amdt 3.246; A2022‑14 amdt 3.126
Conducting, or participating in, unauthorised interactive gambling
s 14am A2004‑42 amdt 1.5; A2011‑3 amdt 3.246
Registration of players
div 2.3 hdg(prev pt 2 div 3 hdg) sub A1999‑56 s 73
renum R2 LA
Only players may participate in authorised games
s 15sub A1999‑56 s 73
Wagers must be covered by amount in player’s account
s 16am A1999‑47 sch
sub A1999‑56 s 73
Provisional registration of players
s 17sub A1999‑56 s 73
Registration
s 18sub A1999‑56 s 73; A2001‑44 amdt 1.2217; ss renum R2 LA (see A2001‑44 amdt 1.2218)
Players’ accounts
s 18Ains A1999‑56 s 73
Lists of excluded persons and disqualified persons
s 18Bins A1999‑56 s 73
am A2022‑14 amdt 3.127
Players names
s 18Cins A1999‑56 s 73
Player bound by rules of game
s 19sub A1999‑56 s 73
Restriction of gambling venues
div 2.4 hdg(prev pt 2 div 4 hdg) renum R2 LA
Use of premises for interactive gambling
s 20am A2011‑3 amdt 3.246
Exemption schemes
div 2.5 hdg(prev pt 2 div 5 hdg) renum R2 LA
Approval of exemption schemes
s 22am A2001‑44 amdt 1.2219; A2011‑3 amdt 3.247
Cancellation of approval
s 23am A2001‑44 amdt 1.2220, amdt 1.2221; A2011‑3 amdt 3.248, amdt 3.249; A2022‑14 amdt 3.128
Gazette notice
s 25om A2001‑44 amdt 1.2222
Applications for, and issue of, interactive gambling licences
div 3.1 hdg(prev pt 3 div 1 hdg) renum R2 LA
Application for interactive gambling licence
s 26sub A2001‑44 amdt 1.2223
Consideration of application
s 27am A2011‑3 amdt 3.250; A2022‑14 amdt 3.129
Criteria for granting application
s 28am A2011‑3 amdt 3.250
Suitability of applicant to hold interactive gambling licence
s 29am A2004‑42 amdt 3.64; A2011‑3 amdt 3.250
Suitability of business and executive associates
s 30am A2004‑42 amdt 3.65, amdt 3.66; A2011‑3 amdt 3.250
Procedure on decision
s 31am A2008‑37 amdt 1.246; A2011‑3 amdt 3.250; A2022‑14 amdt 3.130
Licensed provider must comply with code of practice
s 31Ains A1999‑56 s 74
Changing or adding conditions
s 33am A2022‑14 amdt 3.130
Return of licence for endorsement of changed conditions
s 34am A2011‑3 amdt 3.250
Particulars to be included in interactive gambling licence
s 35sub A2001‑44 amdt 1.2224
General provisions about interactive gambling licences
div 3.2 hdg(prev pt 3 div 2 hdg) renum R2 LA
Mortgage and assignment of interactive gambling licence
s 37am A2011‑3 amdt 3.250
Surrender of interactive gambling licence
s 38am A2011‑3 amdt 3.250
Suspension and cancellation of interactive gambling licences
div 3.3 hdg(prev pt 3 div 3 hdg) renum R2 LA
Grounds for suspension or cancellation
s 39am A2008‑28 amdt 3.100; A2009‑49 amdt 3.95
Direction to rectify
s 40am A2011‑3 amdt 3.250
Immediate suspension
s 41am A2011‑3 amdt 3.250
Suspension after notice
s 42am A2011‑3 amdt 3.250
Cancellation of licence
s 43am A1999‑47 sch; A2011‑3 amdt 3.250; A2022‑14 amdt 3.130
Appointment of administrator
s 44am A2004‑42 amdt 3.67; A2011‑3 amdt 3.250; A2022‑14 amdt 3.130, amdt 3.131
Security certificates
div 3.4 hdg(prev pt 3 div 4 hdg) renum R2 LA
Security related decisions
s 46am A2011‑3 amdt 3.250
Requirement for key persons to be licensed
div 4.1 hdg(prev pt 4 div 1 hdg) renum R2 LA
Obligation to hold licence
s 47am A2011‑3 amdt 3.250
Requirement that unlicensed key person end role
s 48am A1999‑47 sch; A2011‑3 amdt 3.250; A2022‑14 amdt 3.132
Requirement to end key person’s role
s 49am A1999‑47 sch; A2011‑3 amdt 3.250
Issue of key person licences
div 4.2 hdg(prev pt 4 div 2 hdg) renum R2 LA
Application for key person licence
s 50am A1999‑47 sch
sub A2001‑44 amdt 1.2225
Consideration of application
s 51am A1999‑47 sch; A2011‑3 amdt 3.250; A2022‑14 amdt 3.133
Decision on application
s 52am A1999‑47 sch; A2011‑3 amdt 3.250
Particulars to be included in key person licence
s 53sub A2001‑44 amdt 1.2226
Conditions
s 54am A1999‑47 sch; A2011‑3 amdt 3.250
Changing conditions
s 55am A1999‑47 sch; A2011‑3 amdt 3.250; A2022‑14 amdt 3.134
Replacement of key person licence
s 58am A1999‑47 sch; A2001‑44 amdts 1.2227-1.2229; A2011‑3 amdt 3.250
Surrender of key person licence
s 59am A1999‑47 sch; A2011‑3 amdt 3.250
Disciplinary action
div 4.3 hdg(prev pt 4 div 3 hdg) renum R2 LA
Commission’s belief about suitability
s 61 hdgam A1999‑47 notes
s 61am A1999‑47 sch
Suspension of licence
s 62am A1999‑47 sch; A2011‑3 amdt 3.250
Directions to rectify
s 63am A1999‑47 sch; A2011‑3 amdt 3.250
Cancellation or reduction of period of suspension
s 64am A1999‑47 sch; A2011‑3 amdt 3.250
Cancellation of key person licence
s 65am A1999‑47 sch; A2011‑3 amdt 3.250
Notification of key person licencees
div 4.4 hdg(prev pt 4 div 4 hdg) renum R2 LA
Notice of commencement of key person licensee
s 66am A1999‑47 sch; A2001‑44 amdt 1.2230, amdt 1.2231; A2011‑3 amdt 3.250
Returns about licensees
s 67am A1999‑47 sch
sub A1999‑56 s 75
am A2001‑44 amdt 1.2232, amdt 1.2233
Requirements about key relationships
div 4.5 hdg(prev pt 4 div 5 hdg) renum R2 LA
Notice of end of key relationship
s 68am A1999‑47 sch; A2001‑44 amdt 1.2234, amdt 1.2235; A2011‑3 amdt 3.250
Requirement to end key relationship
s 69am A1999‑47 sch; A2011‑3 amdt 3.250
Agency agreements
div 5.1 hdg(prev pt 5 div 1 hdg) renum R2 LA
Conditions for entering into agency agreement
s 70am A1999‑47 sch; A1999‑56 s 76; A2001‑44 amdt 1.2236, amdt 1.2237; A2011‑3 amdt 3.250; A2022‑14 amdt 3.135
Notice of agency agreement
s 71am A1999‑47 sch; A2011‑3 amdt 3.250
Amendment of agency agreement
s 72am A1999‑47 sch
Returns about agents
s 73am A1999‑47 sch
sub A1999‑56 s 77
Disciplinary action
div 5.2 hdg(prev pt 5 div 2 hdg) renum R2 LA
Formation of commission’s beliefs
s 75 hdgam A1999‑47 notes
s 75am A1999‑47 sch
Commission’s notice to end agreement
s 76 hdgam A1999‑47 notes
s 76am A1999‑47 sch
Suspension of agent’s operations
s 77am A1999‑47 sch; A2011‑3 amdt 3.250
Direction to rectify
s 78am A1999‑47 sch; A2011‑3 amdt 3.250
Ending of agreement
s 79am A1999‑47 sch; A2001‑44 amdt 1.2238, amdt 1.2239; A2011‑3 amdt 3.250
Notice of ending of agreement
s 80am A1999‑47 sch; A2011‑3 amdt 3.250
Preliminary
div 6.1 hdg(prev pt 6 div 1 hdg) renum R2 LA
Licence fees
div 6.2 hdg(prev pt 6 div 2 hdg) renum R2 LA
Liability to licence fee
s 82sub A1999‑56 s 78
am A2001‑44 amdt 1.2240; A2004‑42 amdt 3.68, amdt 3.69
Interactive gambling tax
div 6.3 hdg(prev pt 6 div 3 hdg) renum R2 LA
Liability to tax
s 83am A2011‑3 amdt 3.250
Returns for calculation of tax
s 84am A1999‑47 sch; A2001‑44 amdt 1.2241, amdt 1.2242; A2011‑3 amdt 3.250
Rules and directions
div 7.1 hdg(prev pt 7 div 1 hdg) renum R2 LA
Rules
s 85am A2001‑44 amdt 1.2243, amdt 1.2244; A2011‑3 amdt 3.251
Directions
s 86am A1999‑47 sch
General responsibilities of licensed provider
s 87am A1999‑47 sch; A2011‑3 amdt 3.252
Responsibility of licensed provider to ensure compliance by agent
s 88am A2011‑3 amdt 3.252
Responsibility of agent
s 89am A1999‑47 sch; A2011‑3 amdt 3.252; A2022‑14 amdt 3.136
Place of operation
div 7.2 hdg(prev pt 7 div 2 hdg) renum R2 LA
Licensed provider’s place of operation
s 90am A1999‑47 sch; A2011‑3 amdt 3.252
Agent’s place of operation
s 91am A1999‑56 s 79; A2011‑3 amdt 3.252
Control systems
div 7.3 hdg(prev pt 7 div 3 hdg) renum R2 LA
Authorised games to be conducted under approved control system
s 92am A1999‑47 sch
Control system submission
s 93am A1999‑47 sch; A1999‑56 s 80; A2011‑3 amdts 3.253‑3.255
Changes to control systems
s 94am A1999‑47 sch; A2011‑3 amdt 3.256, amdt 3.257
Consideration of, and decisions about, submissions
s 95am A1999‑47 sch; A2011‑3 amdt 3.258
Direction to change approved control system
s 96am A1999‑47 sch; A2011‑3 amdt 3.258
Dealings involving players’ accounts
div 7.4 hdg(prev pt 7 div 4 hdg) renum R2 LA
Players’ funds must be kept in trust account
s 96Ains A1999‑56 s 81
Funds in player’s accounts to be remitted on demand
s 97am A1999‑56 s 82; A2011‑3 amdt 3.258
Licensed provider or agent not to act as credit provider
s 98am; A2011‑3 amdt 3.258
Licensed providers’ limited recourse to players’ accounts
s 99am; A2011‑3 amdt 3.258
Inactive players’ accounts
s 100am A2011‑3 amdt 3.259
Responsible gambling
div 7.5 hdg(prev pt 7 div 5 hdg) renum R2 LA
Limitation on amount wagered
s 101am A1999‑56 s 83; A2013‑44 amdt 3.99
Prohibition of interactive gambling
s 102am A1999‑47 sch; A1999‑56 s 84; A2001‑44 amdts 1.2245-1.2249; A2008‑37 amdt 1.247; ss renum R6 LA; A2011‑3 amdt 3.260; A2022‑14 amdt 3.137
Gambling records
div 7.6 hdg(prev pt 7 div 6 hdg) renum R2 LA
Notices about keeping gambling records
s 104am A1999‑47 sch
Gambling records to be kept at certain place
s 105am A2011‑3 amdt 3.260
Financial accounts, statements and reports
div 7.7 hdg(prev pt 7 div 7 hdg) renum R2 LA
Keeping of accounts
s 106am A2011‑3 amdt 3.260
Preparation of financial statements and accounts
s 107am A2011‑3 amdt 3.260
Submission of reports
s 108am A1999‑47 sch; A2001‑44 amdt 1.2250, amdt 1.2251; ss renum R2 LA (see A2001‑44 amdt 1.2252); A2011‑3 amdt 3.260
Audit
div 7.8 hdg(prev pt 7 div 8 hdg) renum R2 LA
Audit of licensed provider’s operations
s 109am A2011‑3 amdt 3.260; A2022‑14 amdt 3.138
Audit reports
s 110am A1999‑47 sch; A2011‑3 amdt 3.260
Further information following audit
s 111am A1999‑47 sch; A2011‑3 amdt 3.260
Ancillary and related agreements
div 7.9 hdg(prev pt 7 div 9 hdg) renum R2 LA
Ancillary gambling agreement
s 113am A1999‑47 sch; A2011‑3 amdt 3.260
Approval of ancillary gambling agreements
s 114am A1999‑47 sch; A2011‑3 amdt 3.260
Review of related agreements
s 115am A1999‑47 sch; A2011‑3 amdt 3.260
Direction to end related agreement
s 116am A1999‑47 sch; A2011‑3 amdt 3.260
Official supervision
div 7.10 hdg (prev pt 7 div 10 hdg) renum R2 LA
Monitoring operations
s 117am A1999‑47 sch; A2011‑3 amdt 3.260
Presence of authorised officers at certain operations
s 118 hdgam A1999‑47 notes
s 118am A1999‑47 sch; A2011‑3 amdt 3.260
Prizes
div 7.11 hdg(prev pt 7 div 11 hdg) renum R2 LA
Payment or collection of prizes
s 119am A1999‑56 s 85; A2011‑3 amdt 3.260
Disposal of unclaimed non-monetary prizes
s 120am A1999‑47 sch; A2011‑3 amdt 3.260
Claim for prize
s 121am A1999‑47 sch; A1999‑56 s 86; A2004‑42 amdt 3.70; A2011‑3 amdt 3.260
Entitlement to prize lapses if not claimed within 1 year
s 122am A1999‑56 s 87
Aborted games
div 7.12 hdg(prev pt 7 div 12 hdg) renum R2 LA
Aborted games
s 123am A1999‑47 sch; A1999‑56 s 88; A2011‑3 amdt 3.260
Power to withhold prize in certain cases
s 124am A1999‑47 sch; A2011‑3 amdt 3.260; A2022‑14 amdt 3.139
Approval and use of regulated interactive gambling equipment
div 7.13 hdg(prev pt 7 div 13 hdg) renum R2 LA
Approval of regulated interactive gambling equipment
s 125am A1999‑47 sch; A2001‑44 amdts 1.2253-1.2255; A2011‑3 amdt 3.260
Use of regulated interactive gambling equipment
s 126am A1999‑47 sch; A2011‑3 amdt 3.260
Advertising
div 7.14 hdg(prev pt 7 div 14 hdg) renum R2 LA
Advertising interactive gambling
s 127am A2011‑3 amdt 3.260
Directions about advertising
s 128am A1999‑47 sch; A2011‑3 amdt 3.260; A2022‑14 amdt 3.140
Complaints and improper behaviour
div 7.15 hdg(prev pt 7 div 15 hdg) renum R2 LA
Inquiries about complaints
s 129am A1999‑47 sch; A2011‑3 amdt 3.260
Reporting improper behaviour
s 130am A1999‑47 sch; A2011‑3 amdt 3.260
Gambling offences
div 7.16 hdg(prev pt 7 div 16 hdg) renum R2 LA
Cheating
s 131am A2011‑3 amdt 3.260; A2022‑14 amdt 3.141
Impersonating certain persons
s 132am A2011‑3 amdt 3.260
Participation in authorised games by employees of licensed providers
s 133am A2011‑3 amdt 3.260; A2022‑14 amdt 3.142
Participation by children in conduct of approved games prohibited
s 134am A2011‑3 amdt 3.260
Participation by children as players prohibited
s 135am A2011‑3 amdt 3.260; A2022‑14 amdt 3.142
Offensive names prohibited
s 136am A2011‑3 amdt 3.260
Interference with conduct of authorised games
s 137am A1999‑47 sch; A2011‑3 amdt 3.260
Offences by certain persons
s 138am A1999‑56 s 89; A2011‑3 amdt 3.260; A2022‑14 amdt 3.143, amdt 3.144
Licensed providers not to publish identity of players in certain cases
s 139am A1999‑5 sch 2; A2011‑3 amdt 3.260
Notifications and review of decisions
pt 8 hdgsub A2008‑37 amdt 1.248
Definitions–pt 8
s 140sub A2008‑37 amdt 1.248
def primary decision sub A2008‑37 amdt 1.248
def reviewable decision sub A2008‑37 amdt 1.248
Reviewable decisions notices
s 141sub A2008‑37 amdt 1.248
Applications for review
s 142 hdgam A1999‑47 notes
s 142am A1999‑47 sch
sub A2008‑37 amdt 1.248
Destruction of prints and photographs
s 143am A1999‑47 sch; A2011‑3 amdt 3.260; A2022‑14 amdt 3.145
Acts and omissions of representatives
s 144sub A2004‑15 amdt 1.28
Determination of fees
s 145sub A2001‑44 amdt 1.2256
am A2011‑3 amdt 3.261
Register of interactive gambling licences
s 146am A1999‑47 sch; A2004‑42 amdt 3.71; A2011‑3 amdt 3.262
Regulation-making power
s 147am A1999‑47 sch
sub A2001‑44 amdt 1.2257
Regulation-making power
s 148om A2001‑44 amdt 1.2257
Amendment of the Taxation (Administration) Act
s 149om A1999‑47 sch
Reviewable decisions
sch 1ins A2008‑37 amdt 1.249
Dictionary
dictins A2004‑42 amdt 3.72
am A2008‑37 amdt 1.250, amdt 1.251; A2009‑49 amdt 3.96; A2013‑44 amdt 3.100
def agency agreement reloc from s 3 A2004‑42 amdt 3.59
def agent ins A2004‑42 amdt 3.72
def ancillary gambling agreement ins A2004‑42 amdt 3.72
def approved control system am A1999‑47 sch
reloc from s 3 A2004‑42 amdt 3.59
def approved place ins A2004‑42 amdt 3.72
def authorised game ins A2004‑42 amdt 3.72
def authorised provider reloc from s 3 A2004‑42 amdt 3.59
def business associate ins A2004‑42 amdt 3.72
def Control Act ins A1999‑47 sch
reloc from s 3 A2004‑42 amdt 3.59
def control system reloc from s 3 A2004‑42 amdt 3.59
def corresponding law reloc from s 3 A2004‑42 amdt 3.59
def disqualified person ins A1999‑56 s 71
reloc from s 3 A2004‑42 amdt 3.59
def excluded person ins A1999‑56 s 71
reloc from s 3 A2004‑42 amdt 3.59
def executive associate ins A2004‑42 amdt 3.72
def exempted provider ins A2004‑42 amdt 3.72
def exempt gambling record ins A2004‑42 amdt 3.72
def exemption scheme ins A2004‑42 amdt 3.72
def external provider reloc from s 3 A2004‑42 amdt 3.59
def financial institution reloc from s 3 A2004‑42 amdt 3.59
def game reloc from s 3 A2004‑42 amdt 3.59
def interactive gambling sub A1999‑56 s 71
reloc from s 3 A2004‑42 amdt 3.59
def interactive gambling tax ins A2004‑42 amdt 3.72
def interactive game am A1999‑56 s 71
reloc from s 3 A2004‑42 amdt 3.59
def intergovernmental agreement reloc from s 3 A2004‑42 amdt 3.59
def key person ins A2004‑42 amdt 3.72
def key person licence reloc from s 3 A2004‑42 amdt 3.59
def key person licensee reloc from s 3 A2004‑42 amdt 3.59
def key relationship ins A2004‑42 amdt 3.72
def licensed provider reloc from s 3 A2004‑42 amdt 3.59
def participating jurisdiction reloc from s 3 A2004‑42 amdt 3.59
def participating regulator reloc from s 3 A2004‑42 amdt 3.59
def player sub A1999‑56 s 71
reloc from s 3 A2004‑42 amdt 3.59
def player’s account am A1999‑47 sch
sub A1999‑56 s 71
reloc from s 3 A2004‑42 amdt 3.59
def primary decision ins A2004‑42 amdt 3.72
sub A2008‑37 amdt 1.252
def public office ins A2004‑42 amdt 3.72
def regulated interactive gambling equipment reloc from s 3 A2004‑42 amdt 3.59
def related agreement ins A2004‑42 amdt 3.72
def reviewable decision ins A2004‑42 amdt 3.72
sub A2008‑37 amdt 1.252
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1999‑56 9 June 2000 2 A2001‑44 14 May 2002 3 A2004‑15 9 April 2004 4 A2004‑42 25 August 2004 5 A2008‑28 26 August 2008 6 A2008‑37 2 February 2009 7 A2009‑49 17 December 2009 8 A2011‑3 1 March 2011 9 A2013‑44 25 November 2013
© Australian Capital Territory 2022
0
0
0