Keno Act 1996 (Qld)

Keno Act 1996

An Act to provide for the conduct of certain keno games, and for other purposes

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Keno Act 1996.

1A   Object

(1)The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from keno gambling.

(2)The balance is achieved by allowing keno gambling subject to a system of regulation and control designed to protect players and the community through—

(a)ensuring the integrity and fairness of games; and

(b)ensuring the probity of those involved in the conduct of keno gambling; and

(c)minimising the potential for harm from keno gambling.

2   Definitions—the dictionary

The dictionary in schedule 4 defines particular words used in this Act.

Division 2 Interpretation

3   References to operations of keno licensees and appointed agents

(1)In this Act, a reference to the operations of a keno licensee is a reference to the licensee’s operations as a keno licensee.

(2)In this Act, a reference to the operations of an appointed agent is a reference to the agent’s operations as an appointed agent.

4   References to particular agency agreements

In this Act, a reference to an agency agreement in association with a reference to a keno agent is a reference to the agency agreement providing for the keno agent’s appointment.

5   References to particular approved keno games

(1)In this Act, a reference to an approved keno game in association with a reference to a keno licensee is a reference to an approved keno game conducted by the keno licensee.

(2)In this Act, a reference to an approved keno game in association with a reference to an appointed agent is a reference to an approved keno game conducted by the principal keno licensee.

6   References to particular associated keno agreements

In this Act, a reference to an associated keno agreement in association with a reference to a keno licence is a reference to the keno agreement in relation to which the keno licence is issued.

7   References to particular keno agents

(1)In this Act, a reference to a keno agent in association with a reference to an agency agreement is a reference to the keno agent appointed under the agency agreement.

(2)In this Act, a reference to a keno agent in association with a reference to a keno subagent is a reference to the keno agent by whom the keno subagent was appointed.

8   References to particular keno employee licences

In this Act, a reference to a keno employee licence in association with a reference to a licensed keno employee is a reference to the keno employee licence held by the licensed keno employee.

9   References to particular keno licences

In this Act, a reference to a keno licence in association with a reference to a keno licensee is a reference to the keno licence held by the keno licensee.

10   References to particular keno licensees

(1)In this Act, a reference to a keno licensee in association with a reference to a keno licence is a reference to the keno licensee who holds the keno licence.

(2)In this Act, a reference to a keno licensee in association with a reference to a keno agent is a reference to the keno licensee by whom the keno agent was appointed.

(3)In this Act, a reference to a principal keno licensee in association with a reference to a keno subagent is a reference to the keno licensee who is the principal keno licensee for the keno subagent.

(4)In this Act, a reference to a keno licensee in association with a reference to an agency agreement is a reference to the keno licensee by whom a keno agent is appointed under the agreement.

Part 2    Lawfulness of keno games

11   Lawful activities

The following activities are lawful—

(a)the conduct of a keno game by a keno licensee under a keno licence in accordance with this Act and the associated keno agreement;

(b)the carrying on of operations as an appointed agent in accordance with this Act and any agency agreement in relation to a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;

(c)the playing of a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;

(d)the use by a keno licensee of keno equipment in the conduct of a keno game by the licensee under the keno licence;

(e)the use by an appointed agent of keno equipment in the conduct, or purported conduct, of a keno game by a keno licensee under a keno licence;

(f)the use of keno equipment in playing a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;

(g)the doing of anything else required or authorised to be done under this Act.

12   Relationship with other laws

Section 11 has effect despite any other law dealing with gaming.

Part 3    Keno licensees

Division 1 Issue of keno licences

13   Minister may issue licence

The Minister may issue a keno licence to a person.

14   Issue of licence conditional on keno agreement

The Minister may issue a keno licence to a person only if—

(a)a written agreement (a keno agreement) has been entered into between the Minister on behalf of the State and the person about the proposed conduct of keno games by the person under a keno licence; and

(b)any terms or conditions stated in the agreement or this Act required to be complied with by the person before a keno licence is issued have been complied with.

15   Conditions for entering into keno agreement

Before entering into a keno agreement, the Minister must be satisfied that—

(a)the person with whom the agreement is proposed to be entered into (the proposed keno licensee) is a suitable person to hold a keno licence; and

(b)each business and executive associate of the proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.

16   Suitability of proposed keno licensee

(1)In deciding whether a proposed keno licensee is a suitable person to hold a keno licence, the Minister may have regard to the following issues—

(a)the person’s character;

(b)the person’s financial position and background;

(c)if the person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;

(d)whether the person has, or is able to obtain, appropriate resources and appropriate services;

(e)whether the person has the appropriate business ability to successfully conduct keno games under a keno licence;

(f)if the person has a business association with another entity—the entity’s character and financial position and background;

(g)any other issues prescribed under a regulation.

(2)In subsection (1)—

appropriate resources means financial resources the Minister considers are adequate to ensure the financial viability of operations conducted under a keno licence.

appropriate services means the services of persons who have appropriate experience—

(a)in the conduct or operation of keno games; or

(b)to enable keno games to be successfully conducted or operated.

17   Suitability of business and executive associates

In deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee’s operations, the Minister may have regard to the following issues—

(a)the person’s character and financial position and background;

(b)if the person has a business association with another entity—the entity’s character and financial position and background;

(c)any other issues prescribed under a regulation.

18   Investigations about suitability of persons

(1)The chief executive may make investigations about a proposed keno licensee to help the Minister to decide whether the person is a suitable person to hold a keno licence.

(2)The chief executive may make investigations about a business or executive associate of a proposed keno licensee to help the Minister to decide whether the person is a suitable person to be associated with a keno licensee’s operations.

19   Conditions of licence

The Minister may issue a keno licence on conditions the Minister considers necessary or desirable—

(a)in the public interest; or

(b)for the proper conduct of keno games by the keno licensee.

Division 2 Dealings with keno licences

20   Transfer of licence prohibited

A keno licensee must not transfer the keno licence to another person.

21   Mortgage of licence prohibited

A keno licensee must not mortgage, or encumber in another way, the keno licence, or the rights or benefits under the associated keno agreement.

22   Amendment of licence

(1)This section applies if, after the issue of a keno licence, the parties to the associated keno agreement amend the agreement in a way that affects the accuracy of a matter stated in the licence.

(2)The keno licensee must return the licence to the Minister for amendment.

(3)The Minister must return the amended licence to the licensee after making the appropriate amendment.

23   Surrender of licence

A keno licensee may surrender the keno licence only after giving written notice of the proposed surrender to the Minister—

(a)at least 3 months before the surrender; or

(b)if the Minister, by written notice given to the licensee approves a shorter period of notice—before the time approved by the Minister.

Division 3 Suspension and cancellation of keno licences

24   Grounds for suspension or cancellation

(1)Each of the following is a ground for suspending or cancelling a keno licence—

(a)the keno licensee is not, or is no longer, a suitable person to hold a keno licence;

(b)a business or executive associate of the keno licensee is not, or is no longer, a suitable person to be associated with a keno licensee’s operations;

(c)the keno licensee has been convicted of an offence against this Act or a gaming Act;

(d)the keno licensee has been convicted of an indictable offence;

(e)the keno licensee has breached the associated keno agreement in a way that entitles the State to terminate the agreement;

(f)the keno licensee has contravened a condition of the licence;

(g)the keno licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act);

(h)the associated keno agreement was entered into by the Minister on behalf of the State because of a materially false or misleading representation or declaration;

(i)the keno licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations;

(j)the keno licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;

(k)the keno licensee is the subject of a winding-up, either voluntarily or under a court order, appointment of a liquidator or appointment of a receiver or receiver and manager under the Corporations Act.

(2)For forming a belief that the ground mentioned in subsection (1)(a) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a proposed keno licensee is a suitable person to hold a keno licence.

(3)For forming a belief that the ground mentioned in subsection (1)(b) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.

25   Show cause notice

(1)This section applies if the Minister believes—

(a)a ground exists to suspend or cancel a keno licence; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of keno games by the keno licensee may be jeopardised in a material way; or

(ii)the public interest may be affected in an adverse and material way.

(2)The Minister must give the keno licensee a written notice (a show cause notice) that—

(a)states the action (the proposed action) the Minister proposes taking under this division; and

(b)states the grounds for the proposed action; and

(c)outlines the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension of the licence—states the proposed suspension period; and

(e)invites the licensee to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must end not less than 21 days after the show cause notice is given to the keno licensee.

26   Copy of show cause notice to be given to interested persons

(1)The Minister must promptly give a copy of the show cause notice to each person (an interested person) the Minister believes has an interest in the keno licence if the Minister considers—

(a)the person’s interest may be affected adversely by the suspension or cancellation of the licence; and

(b)it is otherwise appropriate in the circumstances to give the copy of the notice to the person.

(2)In considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following—

(a)the nature of the interested person’s interest;

(b)whether the keno licensee’s interest may be improperly prejudiced.

(3)An interested person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.

27   Consideration of representations

The Minister must consider all written representations (the accepted representations) made during the show cause period by—

(a)the keno licensee; or

(b)an interested person to whom a copy of the show cause notice is given.

28   Immediate suspension

(1)The Minister may suspend a keno licence immediately if the Minister believes—

(a)a ground exists to suspend or cancel the licence; and

(b)the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure—

(i)the public interest is not affected in an adverse and material way; or

(ii)the integrity of the conduct of keno games by the keno licensee is not jeopardised in a material way.

(2)The suspension—

(a)must be effected by written notice (a suspension notice) given to the keno licensee with a show cause notice; and

(b)operates immediately the suspension notice is given; and

(c)continues to operate until the show cause notice is finally dealt with.

29   Censuring keno licensee

(1)This section applies if the Minister—

(a)believes a ground exists to suspend or cancel a keno licence; but

(b)does not believe the giving of a show cause notice to the keno licensee is warranted.

(2)This section also applies if, after considering the accepted representations for a show cause notice, the Minister—

(a)still believes a ground exists to suspend or cancel a keno licence; but

(b)does not believe suspension or cancellation of the licence is warranted.

(3)The Minister may, by written notice given to the keno licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.

30   Direction to rectify

(1)This section applies if, after considering the accepted representations for a show cause notice, the Minister—

(a)still believes a ground exists to suspend or cancel a keno licence; but

(b)considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the keno licensee an opportunity to rectify the matter.

(2)The Minister may, by written notice given to the keno licensee, direct the licensee to rectify the matter within the period stated in the notice.

(3)The period stated must be reasonable, having regard to the nature of the matter to be rectified.

31   Notice by Minister

(1)This section applies if, after considering the accepted representations for a show cause notice, the Minister still believes—

(a)a ground exists to suspend or cancel a keno licence; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of keno games by the keno licensee may be jeopardised in a material way; or

(ii)the public interest may be affected in an adverse and material way.

(2)This section also applies if a keno licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.

(3)The Minister must give written notice of the Minister’s belief, or of the keno licensee’s failure to comply with the direction, to the Governor in Council.

32   Suspension, cancellation and appointment of administrator

(1)If a notice is given by the Minister under section 31, the Governor in Council may—

(a)if the proposed action stated in the show cause notice was to suspend the keno licence for a stated period—suspend the licence for not longer than the stated period; or

(b)if the proposed action stated in the show cause notice was to cancel the keno licence—

(i)suspend the licence for a period; or

(ii)cancel the licence; or

(iii)appoint an administrator to conduct the operations of the keno licensee under the licence.

(2)The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.

(3)The decision takes effect on the later of the following—

(a)the day the notice is given to the keno licensee;

(b)the day of effect stated in the notice.

33   Terms of appointment, and role, of administrator

(1)This section applies to an administrator appointed by the Governor in Council to conduct operations under a keno licence.

(2)For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.

(3)The administrator—

(a)has full control of, and responsibility for, the operations of the keno licensee conducted under the keno licence; and

(b)subject to any directions of the Minister, must conduct the operations in accordance with this Act and the associated keno agreement as if the administrator were the keno licensee.

(4)The costs of and incidental to the conduct and administration of a keno licensee’s operations by an administrator under this section are payable by the keno licensee.

(5)This section and section 32(1)(b)(iii) apply despite the Corporations Act.

34   Cancellation or reduction of period of suspension

(1)If a keno licence is suspended, at any time the suspension is in force, the Governor in Council may, for any remaining period of suspension—

(a)cancel the period; or

(b)reduce the period by a stated period.

(2)The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.

Division 4 Investigations about suitability of persons

35   Audit program

(1)The Minister may approve an audit program for investigating keno licensees, or business or executive associates of keno licensees.

(2)The chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program.

(3)A person may be investigated under an audit program only once every 2 years.

36   Investigations

(1)The chief executive may investigate a keno licensee to help the Minister to decide whether the person is a suitable person to hold, or to continue to hold, a keno licence.

(2)The chief executive may investigate a business or executive associate of a keno licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with a keno licensee’s operations.

(3)However, the chief executive may investigate a keno licensee only if—

(a)the Minister reasonably suspects the licensee is not, or is no longer, a suitable person to hold a keno licence; or

(b)the investigation is made under an audit program for keno licensees approved by the Minister.

(4)Also, the chief executive may investigate a business or executive associate of a keno licensee only if—

(a)the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a keno licensee’s operations; or

(b)the investigation is made under an audit program for business and executive associates of keno licensees approved by the Minister; or

(c)the person—

(i)became a business or executive associate of the licensee after the issue of the keno licence; and

(ii)has not been investigated previously under an audit program mentioned in paragraph (b); or

(d)the person—

(i)was a business or executive associate of the licensee when the keno licence was issued; and

(ii)has not been investigated under section 18(2).

37   Requirement to give information or material for investigation

(1)In investigating a keno licensee, or business or executive associate of a keno licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.

(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(3)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(5)The person does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.

Division 5 General provisions about keno licences

38   Form of licence

(1)A keno licence must be in the approved form.

(2)The approved form must provide for the inclusion of the following particulars—

(a)the date of issue of the licence;

(b)the name of the keno licensee;

(c)the conditions of the licence;

(d)other particulars prescribed under a regulation.

39   Term of licence

(1)A keno licence is for the term stated in the associated keno agreement.

(2)Subsection (1) applies subject to this Act.

40   Reports about person’s criminal history

(1)If the chief executive, in making an investigation about a person under section 18 or 36 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.

(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

41   Justiciability of decisions about licence

(1)A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a keno licence, or person with an interest or potential interest in a keno licence—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.

(2)The decisions to which subsection (1) applies include, but are not limited to—

(a)a decision of the Governor in Council mentioned in schedule 1, part 1; and

(b)a decision of the Minister mentioned in schedule 1, part 2.

(3)In this section—

decision includes—

(a)conduct engaged in to make a decision; and

(b)conduct related to making a decision; and

(c)failure to make a decision.

Part 4    Licensed keno employees

Division 1 Licensing requirements

42   Exempt keno employee

(1)The chief executive may declare—

(a)a keno employee to be an exempt keno employee; or

(b)a class of keno employees to be an exempt class of keno employees.

(2)The chief executive may make a declaration only if the chief executive is satisfied—

(a)the functions of the employee, or of each employee included in the class, relating to the conduct of approved keno games, are minor; and

(b)the licensing of the employee, or of each employee included in the class, is not warranted.

(3)A declaration must be made in writing.

43   Carrying out functions as keno employee

A person must not, as an employee of a keno licensee, carry out functions relating to the conduct of approved keno games unless—

(a)the person is a licensed keno employee; or

(b)in relation to the functions, the person is an exempt keno employee.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

44   Employing keno employees

A keno licensee must not employ a person as a keno employee unless—

(a)the person is a licensed keno employee; or

(b)in relation to the person’s functions, the person is an exempt keno employee.

Division 2 Key operators

45   Requirement that key operator apply for licence or end role

(1)If the chief executive reasonably believes a person is a key operator for a keno licensee, the chief executive may, by written notice given to the person, require the person either to apply for a keno employee licence, or to stop being a key operator of the licensee, within 7 days after receiving the notice.

(2)The person must comply with the requirement within 7 days after receiving the notice, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(3)The chief executive must give a copy of the notice to the keno licensee.

(4)A requirement under this section is called a key operator’s requirement.

46   Requirement that key operator end role

(1)If the chief executive refuses to approve an application for a keno employee licence made by a person of whom a key operator’s requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the keno licensee within the time stated in the notice.

(2)The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.

Maximum penalty for subsection (2)—100 penalty units or 1 year’s imprisonment.

47   Requirement to end key operator’s role

(1)This section applies if a key operator’s requirement is made of a person and—

(a)the person fails to comply with the requirement; or

(b)the chief executive refuses to approve an application for a keno employee licence made by the person.

(2)The chief executive may, by written notice given to the keno licensee for whom the person is a key operator, require the licensee to end the association with the person within the time stated in the notice.

(3)The keno licensee must comply with the requirement.

(4)This section applies to a keno licensee despite another Act or law.

(5)A keno licensee does not incur any liability because the licensee ends an association with a person under this section.

Division 3 Applications for, and issue of, keno employee licences

Subdivision 1 General applications

48   Application of subdivision

This subdivision does not apply to an application for a keno employee licence to which subdivision 2 applies.

49   Application for licence

(1)An application for a keno employee licence must be made to the chief executive in the approved form.

(2)An application must be accompanied by—

(a)a letter from a keno licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence; and

(b)any documents prescribed under a regulation; and

(c)the application fee prescribed under a regulation.

(3)Subsection (2)(a) does not apply to an application made by a person of whom a key operator’s requirement has been made.

50   Consideration of application

(1)The chief executive must consider an application for a keno employee licence and either grant or refuse to grant the application.

(2)Despite subsection (1), the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.

51   Conditions for granting application

(1)The chief executive may grant an application for a keno employee licence only if—

(a)the applicant’s photograph and fingerprints have been taken; and

(b)the chief executive is satisfied the applicant is a suitable person to hold a keno employee licence.

(2)In deciding whether the applicant is a suitable person to hold a keno employee licence, the chief executive may have regard to the following issues—

(a)the applicant’s character;

(b)the applicant’s financial position and background;

(c)the applicant’s general suitability to carry out the functions of a keno employee or to be a key operator for a keno licensee.

52   Investigation about suitability of applicant

The chief executive may make investigations about an applicant for a keno employee licence to help the chief executive to decide whether the applicant is a suitable person to hold a keno employee licence.

53   Decision about application

(1)If the chief executive decides to grant an application for a keno employee licence, the chief executive must promptly issue the licence to the applicant.

(2)If the chief executive decides to refuse to grant an application for a keno employee licence, the chief executive must—

(a)promptly give the applicant an information notice about the decision; and

(b)as soon as practicable—

(i)give written notice of the decision to the relevant keno licensee; and

(ii)destroy the applicant’s fingerprints taken for the application.

(3)In this section—

relevant keno licensee means—

(a)for an applicant who is a key operator for a keno licensee—the keno licensee; or

(b)for another applicant—the keno licensee who intends to employ the applicant as a keno employee.

Subdivision 2 Applications by licensed casino employees

54   Application of subdivision

This subdivision applies to an application for a keno employee licence if—

(a)the application is made by a person who is a licensed casino employee; and

(b)the casino key employee licence or casino employee licence held by the licensed casino employee is not suspended.

55   Application for licence

An application for a keno employee licence must—

(a)be made to the chief executive; and

(b)be in the approved form; and

(c)be accompanied by a letter from a keno licensee addressed to the chief executive stating the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence.

56   Issue of licence

On an application being made under this subdivision, the chief executive must promptly issue a keno employee licence to the applicant.

Subdivision 3 Conditions of licences

57   Conditions

(1)The chief executive may issue a keno employee licence on conditions the chief executive considers necessary or desirable—

(a)in the public interest; or

(b)for the proper conduct of keno games by a keno licensee.

(2)If the chief executive decides to issue a keno employee licence on conditions, the chief executive must promptly give the applicant an information notice about the decision.

Division 4 Dealings with keno employee licences

58   Changing conditions of licence

(1)The chief executive may decide to change the conditions of a keno employee licence if the chief executive considers it is necessary or desirable to make the change—

(a)in the public interest; or

(b)for the proper conduct of keno games by a keno licensee.

(2)If the chief executive decides to change the conditions, the chief executive must immediately give the licensed keno employee—

(a)written notice of the changed conditions; and

(b)an information notice about the decision.

(3)The licensed keno employee must return the licence to the chief executive within 7 days after receiving the information notice, unless the employee has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)On receiving the licence, the chief executive must—

(a)amend the licence in an appropriate way and return the amended licence to the licensed keno employee; or

(b)if the chief executive does not consider it is practical to amend the licence—issue another keno employee licence, incorporating the changed conditions, to the licensed keno employee to replace the licence returned to the chief executive.

(5)The change of the conditions of a keno employee licence under this section does not depend on the licence being amended to record the change or a replacement licence being issued.

(6)The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.

59   Replacement of licence

(1)A licensed keno employee may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged keno employee licence.

(2)The chief executive must consider an application and either grant or refuse to grant the application.

(3)The chief executive must grant an application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.

(4)If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another keno employee licence to the applicant to replace the lost, stolen, destroyed or damaged licence.

(5)If the chief executive decides to refuse to grant an application, the chief executive must promptly give the applicant an information notice about the decision.

60   Surrender of licence

(1)A licensed keno employee may surrender the keno employee licence by written notice given to the chief executive.

(2)The surrender takes effect on the later of the following—

(a)the day the notice is given to the chief executive;

(b)the day of effect stated in the notice.

(3)If, at the time of the surrender, the chief executive believes the licensed keno employee was employed by a keno licensee, the chief executive must give written notice of the surrender to the licensee.

Division 5 Suspension and cancellation of keno employee licences, and other action by chief executive

Subdivision 1 Suspension and cancellation

61   Grounds

(1)Each of the following is a ground for suspending or cancelling a licensed keno employee’s keno employee licence—

(a)the licensed keno employee—

(i)is not a suitable person to hold a keno employee licence; or

(ii)acts in a way that is inappropriate for the conduct of approved keno games; or

(iii)contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or

(iv)contravenes a condition of the licence;

(b)the licensed keno employee has a conviction, other than a spent conviction, for—

(i)an offence against this Act or a gaming Act; or

(ii)an indictable offence;

(c)the keno employee licence was issued because of a materially false or misleading representation or document.

(2)For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same issues to which the chief executive may have regard under section 51(2) in deciding whether an applicant for a keno employee licence is a suitable person to hold the licence.

(3)For subsection (1)(a)(ii), a licensed keno employee acts in a way that is inappropriate for the conduct of approved keno games if the employee does, or omits to do, an act that results in—

(a)the conduct of approved keno games at the keno gaming place at which the employee is employed not being conducted under the relevant keno licensee’s control system for the conduct of the games; and

(b)the integrity of the conduct of approved keno games being jeopardised.

62   Show cause notice

(1)If the chief executive believes a ground exists to suspend or cancel a keno employee licence, the chief executive must before taking action to suspend or cancel the licence give the licensed keno employee a written notice (a show cause notice).

(2)The show cause notice must state the following—

(a)the action the chief executive proposes taking under this subdivision (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is suspension of the licence—the proposed suspension period;

(e)that the licensed keno employee may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.

(3)The show cause period must end at least 21 days after the licensed keno employee is given the show cause notice.

(4)Subsection (5) applies if the chief executive believes—

(a)the licensed keno employee is employed by, or a key operator of, a keno licensee; and

(b)the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved keno games by the keno licensee.

(5)The chief executive must immediately give a copy of the show cause notice to the keno licensee.

(6)The keno licensee may make written representations about the show cause notice to the chief executive in the show cause period.

63   Consideration of representations

The chief executive must consider all written representations (the accepted representations) made under section 62(2)(e) or (6).

64   Immediate suspension

(1)The chief executive may suspend a licensed keno employee’s keno employee licence immediately if the chief executive believes—

(a)a ground exists to suspend or cancel the licence; and

(b)it is necessary to suspend the licence immediately—

(i)in the public interest; or

(ii)to ensure the integrity of the conduct of approved keno games is not jeopardised.

(2)The suspension—

(a)can be effected only by the chief executive giving the licensed keno employee an information notice about the decision to suspend the licence, together with a show cause notice; and

(b)operates immediately the information notice is given to the employee; and

(c)continues to operate until the show cause notice is finally dealt with.

(3)If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the suspension to the keno licensee.

65   Suspension and cancellation of licence after show cause process

(1)This section applies if—

(a)there are no accepted representations for a show cause notice; or

(b)after considering the accepted representations for a show cause notice, the chief executive—

(i)still believes a ground exists to suspend or cancel a keno employee licence; and

(ii)believes suspension or cancellation of the licence is warranted.

(2)This section also applies if a licensed keno employee contravenes a direction given to the employee under section 67A.

(3)The chief executive may—

(a)if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.

(4)If the chief executive decides to take action under subsection (3), the chief executive must immediately—

(a)give an information notice about the decision to the licensed keno employee; and

(b)if the chief executive believes the employee is employed by, or a key operator of, a keno licensee—give written notice of the suspension or cancellation to the licensee.

(5)The decision takes effect on the later of the following—

(a)the day the information notice is given to the licensed keno employee;

(b)the day of effect stated in the information notice.

(6)If the chief executive cancels the licence, the licensed keno employee must give the licence to the chief executive within 14 days after the cancellation takes effect.

Maximum penalty for subsection (6)—40 penalty units.

Subdivision 2 Other action by chief executive

66   Ending show cause process without further action

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a keno employee licence.

(2)The chief executive—

(a)must not take any further action about the show cause notice; and

(b)must give each of the following a written notice stating that no further action is to be taken—

(i)the licensed keno employee;

(ii)a keno licensee to whom a copy of the show cause notice was given under section 62(5).

67   Censuring licensed keno employee

(1)The chief executive may censure a licensed keno employee for a matter relating to a ground for suspension or cancellation if the chief executive—

(a)believes a ground exists to suspend or cancel the employee’s keno employee licence but does not believe that giving a show cause notice to the employee is warranted; or

(b)after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the employee’s keno employee licence but does not believe suspension or cancellation of the licence is warranted.

(2)The censure can be effected only by the chief executive giving the licensed keno employee an information notice about the decision to censure the employee.

(3)If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the censure to the keno licensee.

67A   Direction to rectify matter after show cause process

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive—

(a)still believes a ground exists to suspend or cancel a keno employee licence; and

(b)believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the licensed keno employee an opportunity to rectify the matter.

(2)The chief executive may direct the licensed keno employee to rectify the matter.

(3)If the chief executive decides to give a licensed keno employee a direction under this section, the direction can be effected only by the chief executive giving the employee an information notice about the decision.

(4)The information notice must state the period for rectifying the matter.

(5)The period must be reasonable, having regard to the nature of the matter to be rectified.

(6)If the chief executive gave a copy of the show cause notice to a keno licensee under section 62(5), the chief executive must give written notice of the direction to the keno licensee immediately after giving the information notice to the licensed keno employee.

67B   Cancellation or reduction of period of suspension

(1)If the chief executive suspends a keno employee licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—

(a)cancel the period; or

(b)reduce the period by a stated period.

(2)The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.

(3)The chief executive must immediately give written notice of the decision to—

(a)the licensed keno employee; and

(b)if the chief executive believed the licensed keno employee was employed by, or a key operator of, a keno licensee when the licence was suspended—the keno licensee.

(4)Subsection (1) does not apply to an immediate suspension.

Division 6 Investigation of licensed keno employees

68   Audit program

(1)The chief executive may approve an audit program for investigating licensed keno employees.

(2)The chief executive is responsible for ensuring an investigation of a licensed keno employee under an approved audit program is conducted in accordance with the program.

(3)A licensed keno employee may be investigated under an audit program only once every 2 years.

69   Investigations about suitability of licensed keno employees

(1)The chief executive may investigate a licensed keno employee to help the chief executive to decide whether the employee is a suitable person to hold, or to continue to hold, a keno employee licence.

(2)However, the chief executive may investigate a licensed keno employee only if—

(a)the chief executive reasonably suspects the employee is not, or is no longer, a suitable person to hold a keno employee licence; or

(b)the investigation is made under an audit program for licensed keno employees approved by the chief executive.

70   Requirement to give information or material for investigation

(1)In investigating a licensed keno employee, the chief executive may, by written notice given to the employee, require the employee to give the chief executive information or material the chief executive considers is relevant to the investigation.

(2)When making the requirement, the chief executive must warn the employee it is an offence to fail to comply with the requirement, unless the employee has a reasonable excuse.

(3)The employee must comply with the requirement, unless the employee has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)It is a reasonable excuse for the employee not to comply with the requirement if complying with the requirement might tend to incriminate the employee.

(5)The employee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.

Division 7 General provisions about keno employee licences

71   Requirement for additional information or documents to support applications

(1)The chief executive may, by written notice given to an applicant under this part, require the applicant to give the chief executive further information or another document about the application.

(2)The requirement must relate to information or a document the giving of which is necessary and reasonable to help the chief executive decide the application.

(3)The chief executive may refuse to grant the application if the applicant fails to comply with the requirement without a reasonable excuse.

72   Form of licence

(1)A keno employee licence must be in the approved form.

(2)The approved form must provide for the inclusion of the following particulars—

(a)the employee’s name;

(b)a recent photograph of the employee;

(c)the date of issue of the licence;

(d)the conditions of the licence;

(e)other particulars prescribed under a regulation.

73   Term of licence

A keno employee licence remains in force unless it lapses or is cancelled or surrendered.

74   Lapsing of licence

(1)A keno employee licence held by a keno employee lapses—

(a)1 year after the licensed keno employee last ceased to be employed as a keno employee by a keno licensee; or

(b)if the licensed keno employee is not employed as a keno employee by a keno licensee for 1 year after being issued with the licence—at the end of the year.

(2)A keno employee licence held by a key operator lapses 1 year after the key operator last ceased to be a key operator for a keno licensee.

74A   Destruction of fingerprints of former licence holders

(1)This section applies if—

(a)a person ceases to be a licensed keno employee; and

(b)the keno employee licence was issued under section 53.

(2)As soon as practicable after the person ceases to be a licensed keno employee, the chief executive must cause the fingerprints of the person taken under section 51(1) for the person’s application for the keno employee licence to be destroyed.

75   Reports about person’s criminal history

(1)If the chief executive, in making an investigation about a person under section 52 or 69 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.

(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

Division 8 Requirements about employment of keno employees

76   Notice of start of keno employee’s employment

Within 7 days after a licensed or exempt keno employee starts employment with a keno licensee, the licensee must notify the chief executive of the start of the employment by notice in the approved form.

Maximum penalty—40 penalty units.

77   [Repealed]

78   Notice of end of keno employee’s employment

(1)This section applies if—

(a)a keno licensee ends the employment of a licensed or exempt keno employee; or

(b)a licensed or exempt keno employee ends the employee’s employment with a keno licensee; or

(c)a licensed or exempt keno employee otherwise ceases to be employed by a keno licensee.

(2)Within 7 days after the licensed or exempt keno employee stops being employed by the keno licensee, the licensee must notify the chief executive of the end of the employment by notice in the approved form.

Maximum penalty—40 penalty units.

79   Requirement to end licensed keno employee’s employment

(1)This section applies if—

(a)a keno employee licence held by a keno employee employed by a keno licensee is cancelled or suspended; or

(b)a keno employee employed by a keno licensee ceases to hold a keno employee licence for another reason.

(2)The chief executive may, by written notice given to the keno licensee, require the licensee to end the keno employee’s employment as a keno employee within the time stated in the notice.

(3)The keno licensee must comply with the requirement.

(4)This section applies to a keno licensee despite another Act or law or any industrial award or agreement.

(5)A keno licensee does not incur any liability because the licensee ends the employment of a person under this section.

Division 9 Requirements about association with key operators

80   Notice of end of key operator’s role

(1)This section applies if a person holds a keno employee licence as a key operator and the person stops being a key operator for a keno licensee.

(2)Within 7 days after the person stops being a key operator for the keno licensee, the licensee must notify the chief executive of that fact by notice in the approved form.

Maximum penalty—40 penalty units.

81   Requirement to end key operator’s role

(1)This section applies if—

(a)a keno employee licence held by a person as a key operator of a keno licensee is cancelled or suspended; or

(b)a key operator of a keno licensee ceases to hold a keno employee licence for another reason.

(2)The chief executive may, by written notice given to the keno licensee, require the licensee to end the association with the person within the time stated in the notice.

(3)The keno licensee must comply with the requirement.

(4)This section applies to a keno licensee despite another Act or law.

(5)A keno licensee does not incur any liability because the licensee ends an association with a person under this section.

Division 10 General offences

82   False statements by applicants

A person must not state anything in an application made under this part the person knows is false or misleading in a material particular.

Maximum penalty—40 penalty units.

83   Display of identification

A licensed keno employee carrying out functions relating to the conduct of approved keno games must—

(a)if asked by another person—produce an approved form of identification for the other person’s inspection; or

(b)have an approved form of identification displayed so it is clearly visible to other persons.

Maximum penalty—40 penalty units.

Part 5    Keno agents and subagents

Division 1 Agency agreements

84   Entering into agency agreements

A keno licensee may enter into an agreement (an agency agreement) with a person providing for the following—

(a)the appointment of the person as an agent of the licensee for the conduct of keno games by the licensee under the keno licence;

(b)the person’s authority as an agent;

(c)the conditions under which the person acts as, and remains, an agent of the licensee;

(d)other matters agreed between the licensee and person.

85   Conditions for entering into agency agreement

(1)A keno licensee may enter into an agency agreement only with a person prescribed under a regulation as a person eligible to be a keno agent.

(2)A keno licensee may enter into an agency agreement only if the agreement—

(a)is in a form approved by the chief executive; and

(b)includes a provision stating the appointed person may not start operating as a keno agent until the qualifying period for the agreement ends; and

(c)states the agent’s place of operation; and

(d)includes any other provisions required by the chief executive.

86   Notice of agency agreement

Within 7 days after entering into an agency agreement, the keno licensee must inform the chief executive of the keno agent’s name and place of operation.

87   Condition for amending agency agreement

A keno licensee may agree to amend an agency agreement only with the written approval of the chief executive.

88   Notice delaying start of keno agent’s operations

(1)The chief executive may, by written notice (a qualification notice) given to a keno agent, extend the basic qualifying period for the agency agreement until a day (the final qualification day) stated in the notice.

(2)The chief executive may give the notice only if the chief executive reasonably believes—

(a)the keno agent is not a suitable person to be a keno agent; or

(b)a business or executive associate of the keno agent is not a suitable person to be associated with a keno agent’s operations.

(3)The notice must be given before the basic qualifying period for the agreement ends.

(4)The final qualification day must be a day within 28 days after the end of the basic qualifying period.

(5)At any time before the final qualification day, the chief executive may withdraw the qualification notice by written notice given to the keno agent.

(6)The chief executive must give a copy of the qualification notice and a notice under subsection (5) to the keno licensee with whom the agency agreement is entered into.

89   Start of keno agent’s operations

A keno agent must not start operating as a keno agent until the qualifying period for the agency agreement ends.

90   [Repealed]

91   Notice of change of keno agent’s place of operation

(1)This section applies if a keno agent changes, or proposes to change, the agent’s place of operation and the keno licensee becomes aware of the change or proposed change.

(2)Within 7 days after the keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno agent’s new, or proposed new, place of operation.

Division 2 Appointment of subagents

92   Appointment

(1)A keno agent may appoint a person (a keno subagent) as an agent of the keno agent for the conduct of keno games by the keno licensee for whom the keno agent acts.

(2)However, a keno agent may appoint a keno subagent only if the keno agent is authorised under the agency agreement to make the appointment.

93   Notice of keno subagent’s appointment

Within 7 days after a keno licensee becomes aware of the appointment of a keno subagent by a keno agent of the licensee, and of the subagent’s name and place of operation, the licensee must inform the chief executive of the subagent’s name and place of operation.

94   [Repealed]

95   Notice of change of keno subagent’s place of operation

(1)This section applies if a keno subagent changes, or proposes to change, the subagent’s place of operation and the principal keno licensee becomes aware of the change or proposed change.

(2)Within 7 days after the principal keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno subagent’s new, or proposed new, place of operation.

Division 3 Terminating agency agreements and appointment of keno subagents

96   Grounds for termination

(1)Each of the following is a ground for directing the termination of an agency agreement or the appointment of a keno subagent—

(a)the appointed agent is not, or is no longer, a suitable person to be an appointed agent;

(b)a business or executive associate of the appointed agent is not, or is no longer, a suitable person to be associated with an appointed agent’s operations;

(c)the appointed agent has been convicted of an offence against this Act or a gaming Act;

(d)the appointed agent has been convicted of an indictable offence;

(e)the appointed agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).

(2)Also, it is a ground for directing the termination of an agency agreement if the keno agent is not, or is no longer, a person who is eligible to be a keno agent.

(3)For forming a belief that the ground mentioned in subsection (1)(a) exists, the chief executive may have regard to the following issues—

(a)the appointed agent’s character;

(b)the appointed agent’s financial position and background;

(c)the appointed agent’s general suitability to act as an appointed agent.

(4)For forming a belief that the ground mentioned in subsection (1)(b) exists, the chief executive may have regard to the business or executive associate’s character and financial position and background.

97   Show cause notice

(1)This section applies if the chief executive believes—

(a)a ground exists for directing the termination of an agency agreement or the appointment of a keno subagent; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of keno games by the principal keno licensee may be jeopardised; or

(ii)the public interest may be affected adversely.

(2)The chief executive must give the appointed agent a written notice (a show cause notice) that—

(a)states that the chief executive proposes to take action (the proposed action)—

(i)if the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or

(ii)if the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent’s appointment; and

(b)states the grounds for the proposed action; and

(c)outlines the facts and circumstances forming the basis for the grounds; and

(d)invites the appointed agent to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must end not less than 21 days after the show cause notice is given to the appointed agent.

(4)The chief executive must promptly give a copy of the show cause notice to—

(a)the appointed agent’s principal; and

(b)if the appointed agent is a keno subagent—the principal keno licensee.

(5)A keno licensee or agent to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period.

(6)The chief executive must consider all written representations (the accepted representations) made during the show cause period by—

(a)the appointed agent; or

(b)a keno licensee or agent to whom a copy of the show cause notice is given.

98   Suspending appointed agent’s operations

(1)This section applies if the chief executive believes—

(a)a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and

(b)it is necessary to suspend the appointed agent’s operations—

(i)in the public interest; or

(ii)to ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised.

(2)The chief executive may suspend the appointed agent’s operations.

(3)The suspension—

(a)must be effected by written notice (a suspension notice) given to the appointed agent with a show cause notice; and

(b)operates immediately the suspension notice is given; and

(c)continues to operate until the show cause notice is finally dealt with.

(4)The suspension notice must state the reason for the decision to suspend the appointed agent’s operations.

(5)The chief executive must promptly give a copy of the suspension notice to—

(a)the appointed agent’s principal; and

(b)if the appointed agent is a keno subagent—the principal keno licensee.

(6)A keno agent must not carry on operations as a keno agent while the agent’s operations are suspended.

Maximum penalty—200 penalty units or 2 years imprisonment.

(7)A keno subagent must not carry on operations as a keno subagent while the subagent’s operations are suspended.

Maximum penalty for subsection (7)—200 penalty units or 2 years imprisonment.

99   Censuring appointed agent

(1)This section applies if the chief executive—

(a)believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but

(b)does not believe the giving of a show cause notice to the appointed agent is warranted.

(2)This section also applies if, after considering the accepted representations for a show cause notice, the chief executive—

(a)still believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but

(b)does not believe termination of the agreement or appointment is warranted.

(3)The chief executive may, by written notice given to the appointed agent, censure the agent for a matter relating to the ground for directing the termination of the agreement or appointment.

(4)The notice must state the reason for the decision to censure the appointed agent.

(5)The chief executive must promptly give a copy of the notice to—

(a)the appointed agent’s principal; and

(b)if the appointed agent is a keno subagent—the principal keno licensee.

100   Direction to rectify

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive—

(a)still believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but

(b)considers a matter relating to the ground is capable of being rectified and that it is appropriate to give the appointed agent an opportunity to rectify the matter.

(2)The chief executive may, by written notice given to the appointed agent, direct the agent to rectify the matter within the period stated in the notice.

(3)The notice must state the reason for the decision to give the direction.

(4)The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.

(5)The chief executive must promptly give a copy of the notice to—

(a)the appointed agent’s principal; and

(b)if the appointed agent is a keno subagent—the principal keno licensee.

101   Directions to terminate affecting appointed agents

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive still believes—

(a)a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of keno games by the principal keno licensee may be jeopardised; or

(ii)the public interest may be affected adversely.

(2)This section also applies if an appointed agent fails to comply with a direction to rectify a matter within the period stated in the relevant notice.

(3)If the ground mentioned in subsection (1)(a), or direction to rectify, relates to an agency agreement, the chief executive must, by written notice given to the keno licensee, direct the licensee to terminate the agreement within the time stated in the notice.

(4)If the ground mentioned in subsection (1)(a), or direction to rectify, relates to a keno subagent’s appointment, the chief executive must, by written notice given to the subagent’s principal, direct the principal to terminate the subagent’s appointment within the time stated in the notice.

(5)If the chief executive decides to give a direction under this section, the chief executive must promptly give written notice of the decision to—

(a)the appointed agent affected by the decision; and

(b)if the appointed agent is a keno subagent—the principal keno licensee.

(6)A notice under subsection (3), (4) or (5) must comply with the QCAT Act, section 157(2).

102   Termination of agreement

(1)If the chief executive directs a keno licensee to terminate an agency agreement, the licensee must—

(a)terminate the agreement within the time stated in the notice giving the direction; and

(b)notify the chief executive of the termination in the approved form within 7 days after terminating the agreement.

(2)If the keno licensee does not terminate the agency agreement as required by subsection (1), the agreement is terminated by this Act.

(3)The State does not incur any liability if an agency agreement is terminated by a keno licensee under subsection (1) or by this Act.

(4)A keno licensee does not incur any liability because the licensee terminates an agency agreement under subsection (1).

103   Termination of appointment

(1)If the chief executive directs a keno agent to terminate a keno subagent’s appointment, the agent must—

(a)terminate the appointment within the time stated in the notice giving the direction; and

(b)notify the chief executive of the termination in the approved form within 7 days after terminating the appointment.

(2)If the keno agent does not terminate the appointment as required by subsection (1), the appointment is terminated by this Act.

(3)The State does not incur any liability if a keno subagent’s appointment is terminated by a keno agent under subsection (1) or by this Act.

(4)A keno agent does not incur any liability because the agent terminates a keno subagent’s appointment under subsection (1).

104   Notice of termination of agreement

(1)This section applies if an agency agreement is terminated otherwise than because of a direction to terminate the agreement given to the keno licensee by the chief executive.

(2)The keno licensee must notify the chief executive in writing of the termination within 7 days after the agreement is terminated.

Maximum penalty—40 penalty units.

105   Notice of termination of appointment

(1)This section applies if a keno subagent’s appointment is terminated otherwise than because of a direction to terminate the appointment given to the keno agent by the chief executive.

(2)The keno agent must notify the chief executive in writing of the termination within 7 days after the appointment is terminated.

Maximum penalty—40 penalty units.

Division 4 Investigations about suitability of persons

106   Investigations

(1)The chief executive may investigate an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be an appointed agent.

(2)The chief executive may investigate a business or executive associate of an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be associated with an appointed agent’s operations.

(3)However, the chief executive may investigate an appointed agent, or business or executive associate of an appointed agent, only if the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be an appointed agent, or to be associated with an appointed agent’s operations, as the case requires.

107   Requirement to give information or material for investigation

(1)In investigating an appointed agent or business or executive associate of an appointed agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.

(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(3)The person must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(5)The person does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.

108   Reports about person’s criminal history

(1)If the chief executive, in making an investigation about a person, asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.

(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

Part 6    Keno tax and licence fee

109   Requirement to pay keno tax

(1)A keno licensee must pay to the chief executive a tax (a keno tax) for each month for the keno licence.

(2)The keno tax must be paid on or before the seventh day of the month immediately following the month for which the keno tax is payable.

110   Calculating keno tax

(1)The amount of keno tax to be paid is a percentage of the keno licensee’s gross revenue for the month for which the keno tax is payable (the gross tax amount), less the GST deduction for the month.

(2)The percentage for subsection (1) is the percentage that applies under the associated keno agreement for the relevant keno licence.

(3)In this section—

GST deduction, for a month, means the lesser of the following amounts—

(a)the global GST amount for the month;

(b)the gross tax amount for the month.

111   Monthly gross revenue return

(1)A keno licensee must give the chief executive a return (a monthly gross revenue return) as required by this section each month stating details of the licensee’s gross revenue, and global GST amount, for the previous month.

Maximum penalty—40 penalty units.

(2)The return must—

(a)be in the approved form; and

(b)be given not later than the day prescribed under a regulation.

112   Keno licence fee

(1)A keno licensee must pay to the chief executive a fee (a keno licence fee) for the keno licence for each period (a licence payment period) stated in the associated keno agreement.

(2)The keno licence fee for each licence payment period—

(a)is the amount stated in, or decided under, the associated keno agreement; and

(b)must be paid at the time stated in the agreement.

113   [Repealed]

114   Penalty for late payment

(1)A keno licensee must pay to the chief executive a penalty for an amount (the unpaid amount) of keno tax or keno licence fee remaining unpaid after the day the amount becomes payable.

(2)The penalty is the percentage prescribed under a regulation of the unpaid amount, calculated immediately the amount becomes payable but is not received by the chief executive.

(3)An additional penalty is payable by the keno licensee to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid—

(a)at the end of 1 month starting on the day the unpaid amount first became payable; and

(b)at the end of each succeeding month starting—

(i)on the day of the month corresponding to the day mentioned in paragraph (a); or

(ii)if there is no corresponding day—on the first day of the following month.

(4)The additional penalty is the percentage prescribed under a regulation of each amount for which the penalty is payable.

(5)A penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.

115   Recovery of amounts

An amount of keno tax or keno licence fee, or penalty for a keno tax or keno licence fee, payable to the chief executive under this part and remaining unpaid is a debt payable to the Crown and may be recovered by action in a court of competent jurisdiction.

116   Revenue offences

(1)A keno licensee must not—

(a)evade the payment of an amount payable by the licensee for a keno tax or keno licence fee; or

(b)give the chief executive a monthly gross revenue return containing information the licensee knows is false, misleading or incomplete in a material particular.

Maximum penalty—200 penalty units or 2 years imprisonment.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 226, to have also committed the offence.

(2)Subsection (1)(b) does not apply to a keno licensee if the licensee, when giving the monthly gross revenue return—

(a)informs the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and

(b)if the licensee has, or can reasonably obtain, the correct information—gives the correct information.

(3)It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.

116A    [Expired]

Part 7    Compliance requirements

Division 1 Control system for conducting keno games

117   Keno games to be conducted under control system

(1)A keno licensee must not conduct a keno game under the keno licence unless the licensee has a control system complying with section 118 for conducting the keno game.

Maximum penalty—200 penalty units.

(2)The keno licensee must not contravene its control system in the conduct of a keno game.

Maximum penalty—200 penalty units.

(3)A keno licensee must, on request by an inspector, make its control system available for inspection by the inspector.

Maximum penalty—200 penalty units.

118   Content of control system

(1)A keno licensee’s control system for a keno game must—

(a)be in writing; and

(b)include details about each matter for the keno game stated in subsection (2), to the extent the matter relates to the internal controls to be put in place by the licensee for the following purposes—

(i)ensuring amounts payable by the licensee to the State for the keno game are worked out and paid under this Act;

(ii)protecting the integrity of the conduct of the keno game by the licensee.

(2)For subsection (1)(b), the matters are—

(a)accounting systems and procedures; and

(b)administrative systems and procedures; and

(c)procedures for recording entries, and paying amounts won, in the keno game;

(d)computer software; and

(e)systems and procedures for the maintenance, security, storage and transportation of equipment; and

(f)systems and procedures for using and maintaining security facilities; and

(g)the general procedures to be followed for the conduct of the keno game.

119   Chief executive may give direction about content of control system

(1)This section applies if the chief executive considers a keno licensee’s control system for a keno game is insufficient for—

(a)ensuring amounts payable to the State under this Act for the keno game are properly worked out and paid; or

(b)protecting the integrity of the conduct of the keno game by the licensee.

(2)The chief executive may, by written notice to the licensee, direct the licensee to include in its control system additional details about 1 or more matters mentioned in section 118(2) within the reasonable period, and in the way, stated in the notice.

(3)If the licensee does not comply with the direction, at the end of the period stated in the notice the licensee’s control system is taken to have been changed in the way stated in the notice.

120   [Repealed]

121   [Repealed]

Division 2 Keno records

122   Notices about keeping keno records

(1)The chief executive may, by written notice given to a keno licensee—

(a)approve a place (the approved place) nominated by the licensee as the place where the licensee is required to keep the licensee’s keno records; or

(b)specify a keno record of the licensee (an exempt keno record) that is not required to be kept at the approved place; or

(c)specify a keno record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or circumstances in which, the record may be kept at the other place; or

(d)approve the keeping of information contained in a keno record of the licensee in a way different from the way the information was kept when the record was being used by the licensee; or

(e)approve the destruction of a keno record of the licensee the chief executive considers need not be kept.

(2)A keno record mentioned in subsection (1)(c) is also an exempt keno record—

(a)for the period stated in the notice; or

(b)while the circumstances stated in the notice exist.

(3)The chief executive may specify a keno record for subsection (1)(b) only if the chief executive considers there is sufficient reason for the keno record to be kept at a place other than the approved place.

(4)The exercise of the chief executive’s power under subsection (1)(d) or (e) is subject to any other law about the retention or destruction of the keno record.

123   Keno records to be kept at certain place

(1)A keno licensee must keep the licensee’s keno records at—

(a)the licensee’s principal place of business in the State or, if the licensee is a corporation and has its registered office in the State, at its registered office; or

(b)an approved place for the records.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to an exempt keno record of the licensee.

124   Keno records to be kept for required period

(1)A keno licensee must keep a keno record of the licensee for 5 years after the end of the transaction to which the record relates.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a keno record of the licensee if the information previously contained in the record is kept in another way in accordance with an approval of the chief executive.

(3)Also, subsection (1) does not apply to a keno record of the licensee that has been destroyed in accordance with an approval of the chief executive.

(4)Subsection (1) has effect subject to any other law about the retention or destruction of the keno record.

Division 3 Financial accounts, statements and reports

125   Keeping of accounts

A keno licensee must—

(a)keep accounting records that correctly record and explain the transactions and financial position for the licensee’s operations conducted under the keno licence; and

(b)keep the accounting records in a way that allows—

(i)true and fair financial statements and accounts to be prepared from time to time; and

(ii)the financial statements and accounts to be conveniently and properly audited.

Maximum penalty—40 penalty units.

126   Preparation of financial statements and accounts

(1)A keno licensee must prepare financial statements and accounts as required by this section giving a true and fair view of the licensee’s financial operations conducted under the keno licence.

Maximum penalty—40 penalty units.

(2)The financial statements and accounts must include the following—

(a)trading accounts, if applicable, for each financial year;

(b)profit and loss accounts for each financial year;

(c)a balance sheet as at the end of each financial year.

127   Submission of reports

(1)A keno licensee must give reports to the chief executive as required by this section about the licensee’s operations conducted under the keno licence.

Maximum penalty—40 penalty units.

(2)The reports must be given at the times stated in a written notice given to the keno licensee by the chief executive.

(3)A report must be in the approved form.

(4)The chief executive may, by written notice given to a keno licensee, require the licensee to give the chief executive further information about a report within the time stated in the notice to help the chief executive acquire a proper appreciation of the licensee’s operations.

(5)A keno licensee must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensee has a reasonable excuse.

Maximum penalty—40 penalty units.

(6)A keno licensee must not give the chief executive a report containing information, or further information about a report, the licensee knows is false, misleading or incomplete in a material particular.

Maximum penalty—40 penalty units.

(7)Subsection (6) does not apply to a keno licensee if the licensee, when giving the report or further information—

(a)informs the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and

(b)if the licensee has, or can reasonably obtain, the correct information—gives the correct information.

(8)It is enough for a complaint against a person for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the person’s knowledge.

Division 4 Financial institution accounts

128   Keeping of accounts

A keno licensee must keep a financial institution account, or financial institution accounts, approved by the chief executive for use for all banking or similar transactions for the licensee’s operations conducted under the keno licence.

Maximum penalty—40 penalty units.

129   Use of accounts

A keno licensee must not use a financial institution account approved by the chief executive other than for a purpose for which it is approved.

Maximum penalty—40 penalty units.

Division 5 Audit

130   Audit of keno licensee’s operations

As soon as practicable after the end of a financial year, a keno licensee must, at the licensee’s own expense, cause the licensee’s books, accounts and financial statements for the licensee’s operations conducted under the keno licence for the financial year to be audited by a registered company auditor approved by the chief executive.

214   False, misleading or incomplete documents

(1)A person must not give an inspector a document containing information the person knows is false, misleading or incomplete in a material particular.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the document—

(a)tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

(3)Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular.

Maximum penalty—40 penalty units.

(4)It is enough for a complaint against a person for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.

215   Obstructing inspectors

(1)A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction.

Maximum penalty—40 penalty units.

(2)If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—

(a)it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and

(b)the inspector considers the person’s conduct is an obstruction; and

(c)if the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.

216   [Repealed]

Part 10    Legal proceedings

Division 1 Evidence

217   Application of division

This division applies to a proceeding under this Act.

218   Appointments and authority

It is not necessary to prove—

(a)the chief executive’s appointment; or

(b)an inspector’s appointment under a gaming Act; or

(c)the authority of the chief executive or an inspector to do anything under this Act.

219   Signatures

A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.

220   Evidentiary aids

(1)A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—

(a)a stated document is one of the following things made, given, issued or kept under this Act—

(i)an appointment, approval or decision;

(ii)a notice, direction or requirement;

(iii)a licence;

(iv)a record, or an extract from a record;

(b)a stated document is another document kept under this Act;

(c)a stated document is a copy of a thing mentioned in paragraph (a) or (b);

(d)on a stated day, or during a stated period, a stated person was or was not the holder of a licence;

(e)on a stated day, or during a stated period, a licence—

(i)was or was not in force; or

(ii)was or was not subject to a stated condition;

(f)on a stated day, a licence was suspended for a stated period or cancelled;

(g)on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or stated approval was, or was not, in force for a stated person or thing;

(h)on a stated day, a stated person was given a stated notice or direction under this Act;

(i)on a stated day, a stated requirement was made of a stated person;

(j)a stated amount is payable under this Act by a stated person and has not been paid;

(k)anything else prescribed under a regulation.

(2)In this section—

licence means a keno licence or keno employee licence.

Division 2 Proceedings

221   Indictable and summary offences

(1)An offence against section 155, 156 or 158 is an indictable offence.

(2)Any other offence against this Act is a summary offence.

222   Proceedings for indictable offences

(1)A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—

(a)by way of summary proceedings under the Justices Act 1886; or

(b)on indictment.

(2)A magistrate must not hear an indictable offence summarily if—

(a)the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or

(b)the magistrate considers the charge should be prosecuted on indictment.

(3)If subsection (2) applies—

(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and

(b)a plea of the person charged at the start of the proceeding must be disregarded; and

(c)evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(d)before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).

(4)The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.

223   Limitation on who may summarily hear indictable offence proceedings

(1)A proceeding must be before a magistrate if it is a proceeding—

(a)for the summary conviction of a person on a charge for an indictable offence; or

(b)for an examination of witnesses for a charge for an indictable offence.

(2)However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.

224   Limitation on time for starting summary proceedings

A proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 must start—

(a)within 1 year after the commission of the offence; or

(b)at any later time but within 6 months after the offence comes to the complainant’s knowledge.

225   Responsibility for acts or omissions of representatives

(1)In this section—

representative means—

(a)of a corporation—an executive officer, employee or agent of the corporation; or

(b)of an individual—an employee or agent of the individual.

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)Subsections (3) and (4) apply in a proceeding for an offence against this Act.

(3)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done 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 for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

226   Executive officer may be taken to have committed offence against s 116(1)

(1)If a corporation commits an offence against section 116(1), each executive officer of the corporation is taken to have also committed the offence if—

(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2)The executive officer may be proceeded against for, and convicted of, the offence against section 116(1) whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3)This section does not affect either of the following—

(a)the liability of the corporation for the offence against section 116(1);

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 116(1).

227   Attempts to commit offences

(1)A person who attempts to commit an offence against this Act commits an offence.

Maximum penalty—half the maximum penalty for committing the offence.

(2)The Criminal Code, section 4 applies to subsection (1).

Part 11    Reviews by tribunal

228   When keno licensees may apply for review

A keno licensee may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 1.

229   When applicants for keno employee licences may apply for review

An applicant for a keno employee licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 50 to refuse to grant the application.

230   When licensed keno employees may apply for review

A licensed keno employee may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 2.

231   When keno agents may apply for review

A keno agent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 3.

232   When keno subagents may apply for review

A keno subagent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 4.

233   When other persons may apply for review

(1)The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the inspector under section 190 to forfeit the thing.

(2)A person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions—

(a)a decision of an appointed agent, under section 154D, to give the person an exclusion direction;

(b)a decision of an appointed agent, under section 154G, refusing to revoke an exclusion direction given to the person.

234   Tribunal to decide review on evidence before the chief executive

(1)In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—

(a)hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and

(b)decide the review of the decision in accordance with the same law that applied to the making of the original decision.

(2)If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—

(a)heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and

(b)decided in accordance with the same law that applied to the making of the original decision.

(3)In this section—

original decision means the decision of the chief executive to which the proceeding for the review relates.

235   Tribunal may give leave for review to be decided on new evidence in particular circumstances

(1)Despite section 234, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied—

(a)the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and

(b)in the circumstances, it would be unfair not to allow the party to present the new evidence.

(2)If the tribunal gives leave under subsection (1), the tribunal must—

(a)adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or

(b)if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive.

(3)In this section—

new evidence means evidence that was not before the chief executive when the decision was made.

236   Appeals from tribunal only to Court of Appeal on a question of law

(1)This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision mentioned in sections 228 to 233.

(2)The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision.

(3)A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.

(4)To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision.

Note—

See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.

237   [Repealed]

237A   [Repealed]

238   [Repealed]

239   [Repealed]

239A   [Repealed]

239B   [Repealed]

239C   [Repealed]

239D   [Repealed]

239E   [Repealed]

239F   [Repealed]

Part 12    Miscellaneous

240   Confidentiality of information

(1)A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)Subsection (1) does not apply to the disclosure of confidential information by a person—

(a)for a purpose under this Act or a gaming Act; or

(b)with a lawful excuse; or

(c)under an approval of the chief executive under this section.

(3)The chief executive may approve the disclosure of confidential information by a person to—

(a)an entity prescribed under a regulation; or

(b)an officer, employee or member of the entity; or

(c)a stated department, person or other entity.

(4)Before giving an approval for subsection (3)(c), the chief executive must—

(a)give written notice of the proposed approval to any person whom the chief executive considers is likely to be affected adversely by the disclosure; and

(b)give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.

(5)If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.

(6)In this section—

confidential information means information, other than information that is publicly available, about—

(a)a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or

(b)a person making an application under this Act.

240A   Commissioner of police service to notify changes in criminal history

(1)This section applies if—

(a)the chief executive gives the commissioner of the police service the name of a relevant person for this section; and

(b)the commissioner reasonably suspects a person who is charged with an offence is the relevant person.

(2)The commissioner must notify the chief executive about the change in the person’s criminal history.

(3)The notice must state the following—

(a)the person’s name and address;

(b)the person’s date of birth;

(c)the offence the person is charged with;

(d)particulars of the offence;

(e)the date of the charge.

(4)The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1).

(5)In this section—

relevant person means—

(a)a licensed keno employee; or

(b)a keno licensee who is an individual; or

(c)an individual identified by the Minister as being a business or executive associate of a keno licensee.

241   Delegations

(1)The Minister may delegate the Minister’s powers under this Act to—

(a)the chief executive; or

(b)an appropriately qualified inspector or an appropriately qualified officer of the department.

(2)The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.

(3)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

241A   Chief executive may make guidelines

(1)The chief executive may make guidelines to inform persons about—

(a)the attitude the chief executive is likely to adopt on a particular matter; or

(b)how the chief executive administers this Act.

(2)The chief executive must publish the guidelines on the department’s website.

242   Approval of forms

The chief executive may approve forms for use under this Act.

243   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may—

(a)be about fees; or

(b)impose a penalty of no more than 20 penalty units for contravention of a regulation; or

(c)be about—

(i)establishing, and operating, a player account; or

(ii)naming a wager on a keno game; or

(iii)drawing a keno game; or

(iv)the abatement of prizes of greater than a prescribed amount; or

(v)refunding an amount wagered on a keno game; or

(vi)unpaid prize money; or

(d)be about the methods of payment used—

(i)with regulated keno equipment; or

(ii)to participate in a keno game; or

(iii)for paying prizes or refunding an amount wagered on a keno game; or

(iv)for making a deposit to, or a withdrawal from, a player account.

Part 13    Transitional provisions

Division 1 Transitional provision for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999

244   Continuation of appeals

(1)This section applies if—

(a)an appeal to a Magistrates Court was started under this Act before the commencement of this section; and

(b)the appeal was not finally decided before the commencement.

(2)This section applies despite the amendment of this Act by the Gaming Machine and Other Legislation Amendment Act (No. 2) 1999.

(3)The appeal may be continued and decided under this Act as in force immediately before the commencement of this section.

Division 2 Transitional provisions for Gambling Legislation Amendment Act 2004

245   Definitions for div 2

In this division—

commencement means the day this division commences.

pre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 6.

246   [Repealed]

247   Direction to rectify under pre-amended Act

(1)This section applies to a direction to rectify a matter given to a licensed keno employee under the pre-amended Act, section 65, if, before the commencement—

(a)the period for rectifying the matter under that Act has not ended; or

(b)the period for rectifying the matter under that Act has ended and action has not been taken under section 66 of that Act in relation to a failure to comply with the direction.

(2)A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 6, had not commenced.

248   [Repealed]

249   Continuation of obligation under pre-amended Act, s 153

(1)This section applies to an authorised keno operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 153(2), do an act or thing mentioned in that subsection.

(2)The pre-amended Act, section 153(2) and (3), continues to apply to the authorised keno operator as if the Gambling Legislation Amendment Act 2004, part 6, had not commenced.

Division 3 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

250   Continuation of offence under s 117

(1)This section applies if a person is alleged to have committed an offence against section 117, as in force immediately before the commencement of this section.

(2)Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013, other than this section, had not commenced.

Schedule 1 Decisions not subject to appeal

section 41

Part 1    Decisions of Governor in Council

Section	Description of decision
32	suspending a keno licence
32	cancelling a keno licence
32	appointing an administrator to conduct the operations of a keno licensee under a keno licence
34	for a keno licence that is suspended—cancelling or reducing any remaining period of suspension

Part 2    Decisions of Minister

Section	Description of decision
13	issuing a keno licence
14	entering into, or not to enter into, a keno agreement with a person
13 and 14	not to issue a keno licence to a person who is a party to a keno agreement
19	imposing a condition on a keno licence
28	suspending a keno licence
29	censuring a keno licensee
30	directing a keno licensee to rectify a matter
133	refusing to give an approval for a keno licensee to enter into an ancillary keno agreement
137	directing the termination of a related agreement
207	directing a keno licensee to stop or change a management practice

Schedule 2 Decisions of chief executive subject to appeal

sections 228, 230, 231 and 232

Part 1    Decisions affecting keno licensees

Section	Description of decision
101	directing the keno licensee to terminate an agency agreement
101	directing a keno agent of the keno licensee to terminate a subagent’s appointment
119(2)	directing a keno licensee to include additional details about a matter in the licensee’s control system for conducting a keno game
145	approving regulated keno equipment or a modification of the equipment, with conditions
145	refusing to approve regulated keno equipment or a modification of the equipment
145	imposing a condition on an approval for regulated keno equipment or a modification of the equipment
145	varying a condition of an approval for regulated keno equipment or a modification of the equipment

Part 2    Decisions affecting licensed keno employees

Section	Description of decision
57	imposing a condition on the keno employee licence
58	changing a condition of the keno employee licence
59	refusing to grant an application to replace the keno employee licence
64	immediately suspending the keno employee licence
65	suspending or cancelling the keno employee licence
67	censuring the licensed keno employee
67A	directing the licensed keno employee to rectify a matter

Part 3    Decisions affecting keno agents

Section	Description of decision
101	directing a keno licensee to terminate the agency agreement
101	directing the keno agent to terminate a subagent’s appointment

Part 4    Decisions affecting keno subagents

Section	Description of decision
101	directing a keno agent to terminate the subagent’s appointment
101	directing a keno licensee to terminate an agency agreement entered into by the keno subagent’s principal

Schedule 4 Dictionary

section 2

accepted representations—

(a)for part 3, division 3—see section 27; and

(b)for part 4, division 5—see section 63; and

(c)for part 5, division 3—see section 97(6); and

(d)for part 8, division 1—see section 136(6).

agency agreement see section 84.

ancillary keno agreement means an agreement (other than an agency agreement or agreement providing for a subagent’s appointment), contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to a keno licensee a thing or service in return for a direct or indirect interest in, or percentage or share of—

(a)amounts received by the licensee in conducting keno games under the keno licence; or

(b)the revenue, profit or earnings derived by the licensee in conducting keno games under the keno licence.

appointed agent means a keno agent or subagent.

appointed inspector ...

approved control system ...

approved evaluator means an entity declared under a regulation to be an approved evaluator.

approved form see section 242.

approved form of identification, for a licensed keno employee, means a card or other thing that—

(a)contains a recent photograph of the employee; and

(b)is signed by the employee; and

(c)identifies the person as a licensed keno employee; and

(d)complies with any other requirements prescribed under a regulation.

approved keno game means a keno game conducted by a keno licensee under the keno licence.

approved place see section 122.

approved place of operation, for an appointed agent, means the place where the agent may, under section 142(2), carry on the agent’s operations.

associated keno agreement, for a keno licence, means the keno agreement for which the licence is issued.

authorised keno operator means a keno licensee or appointed agent.

basic qualifying period, for an agency agreement, means the period starting when the agreement is entered into and ending on the day immediately before the intended operation day for the agreement.

business associate, of an appointed agent, means a person whom the chief executive reasonably believes is associated with the ownership or management of the agent’s operations.

business associate, of a keno licensee, means a person whom the Minister reasonably believes is associated with the ownership or management of the licensee’s operations.

business associate, of a proposed keno licensee, means a person whom the Minister reasonably believes—

(a)is associated with the ownership or management of the proposed keno licensee’s operations; or

(b)will, if a keno licence is issued to the proposed keno licensee, be associated with the ownership or management of the licensee’s operations.

casino see the Casino Control Act 1982, schedule.

commencement, for part 13, division 2, see section 245.

completed entry form, for an approved keno game, means an entry form for the game marked by a person to show the person’s selection of a number or numbers for the game.

conduct, by a keno licensee, includes promote, organise and operate.

consent acknowledgement see section 174.

control system means a system of internal controls for the conduct of keno games by a keno licensee under a keno licence.

control system (change) submission ...

control system submission ...

conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and—

(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b)despite section 5 of that Act, includes a charge made against the person for an offence.

document certification requirement see section 199.

document production requirement see section 199.

employ includes engage under a contract for services.

entry form, for an approved keno game, means a card or other thing made available by the keno licensee conducting the game for use by a person intending to take part in the game for marking the person’s selection of a number or numbers for the game.

exclusion direction see section 154D(1).

executive associate, of an appointed agent, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the appointed agent.

executive associate, of a keno licensee, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the keno licensee.

executive associate, of a proposed keno licensee, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes—

(a)is associated with the ownership or management of the proposed keno licensee’s operations; or

(b)will, if a keno licence is issued to the proposed keno licensee, be associated with the ownership or management of the licensee’s operations.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

exempt keno employee means—

(a)a keno employee declared by the chief executive under section 42 to be an exempt keno employee; or

(b)a keno employee included in a class of keno employees declared by the chief executive under section 42 to be an exempt class of keno employees.

exempt keno record see section 122.

final qualification day see section 88.

financial records requirement see section 204.

gaming Act means any of the following Acts—

•Casino Control Act 1982

•Charitable and Non-Profit Gaming Act 1999

•Gaming Machine Act 1991

•Interactive Gambling (Player Protection) Act 1998

•Lotteries Act 1997

•Wagering Act 1998.

Gaming Commission ...

global GST amount, for a keno licensee for a month, means the global GST amount, calculated under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), division 126, for the month for the conduct of keno games under the licence.

gross revenue, for a keno licensee for a month, means the amount worked out under the associated keno agreement as being the licensee’s gross revenue for the month.

identity card, for an inspector, means the inspector’s identity card under this Act.

indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.

information notice means a written notice complying with the QCAT Act, section 157(2).

inspector means a person who is an inspector under this Act.

intended operation day, for an agency agreement, means the day (not earlier than 15 days after the agreement is entered into) stated in the agreement as the day it is intended the keno agent may start operations.

interested person, for section 27, see section 26.

keno agent means a person appointed under an agency agreement as an agent of a keno licensee.

keno agreement see section 14.

keno employee means an employee who has functions relating to the conduct of keno games.

keno employee licence means a licence issued under section 53 or 56.

keno equipment means a machine or other device (whether electronic, electrical or mechanical), computer software, or another thing, used, or suitable for use, in connection with keno games.

keno game means a game for which rules are made by the Minister under section 138.

keno gaming means the playing of an approved keno game.

keno gaming place means—

(a)a place occupied by a keno licensee that is used for the conduct of keno games, or parts of keno games, or a purpose relating to the conduct of keno games, by the licensee under the keno licence; or

(b)a place occupied by an appointed agent that is used for the conduct of keno games, or parts of keno games, or a purpose relating to the conduct of keno games, by the principal keno licensee; or

(c)if a keno licensee is a body corporate—a place occupied by a related body corporate of the licensee that is used for a purpose relating to the conduct of keno games by the licensee under the keno licence.

keno licence means a licence to conduct keno games.

keno licence fee see section 112.

keno licensee means a person who holds a keno licence.

keno official means—

(a)an inspector; or

(b)an officer of the department.

keno pooling agreement see section 137A.

keno record, of a keno licensee, means a record (including a document) about the operations conducted by the licensee under the keno licence.

keno subagent see section 92.

keno tax see section 109.

keno ticket means a document or other thing that evidences the right of a person to take part in an approved keno game.

key official see section 160.

key operator, for a keno licensee, means a person who is associated with the licensee in a way in which the person exercises, or is able to exercise—

(a)significant influence over the licensee’s operations; or

(b)because of the person’s remuneration or policy-making position or other reasons prescribed under a regulation—authority of a nature, or to an extent, about the licensee’s operations that makes it desirable in the public interest for the person to be a licensed keno employee.

key operator’s requirement see section 45.

licensed casino employee means a person who holds a casino key employee licence or casino employee licence under the Casino Control Act 1982.

licensed keno employee means a person who holds a keno employee licence.

monthly gross revenue return see section 111.

official keno document means—

(a)a keno ticket; or

(b)a keno licence; or

(c)a keno employee licence; or

(d)an inspector’s identity card; or

(e)an approved form of identification for a licensed keno employee.

personal details requirement see section 196.

person experiencing harm from gambling see section 154GA.

place of seizure see section 186.

player account means an account established under section 147.

pre-amended Act, for part 13, division 2, see section 245.

principal keno licensee means—

(a)for a keno agent—the keno licensee by whom the agent is appointed; or

(b)for a keno subagent—the keno licensee who appointed the keno agent by whom the subagent is appointed.

problem gambler ...

proposed action—

(a)for part 3, division 3—see section 25(2)(a); and

(b)for part 4, division 5—see section 62(2)(a).

proposed keno licensee see section 15.

qualification notice see section 88.

qualifying period, for an agency agreement, means the period starting when the agency agreement is entered into and ending—

(a)on the day immediately before the intended operation day for the agreement; or

(b)if a qualification notice is given for the agreement—

(i)on the final qualification day for the notice; or

(ii)if the notice is withdrawn—on the day the notice is withdrawn.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

reasonably suspects means suspects on grounds that are reasonable in all the circumstances.

registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act, part 9.2.

registrar ...

regulated keno equipment means keno equipment declared under a regulation to be regulated keno equipment.

related agreement means—

(a)an agreement, contract, lease or arrangement (whether written or unwritten) that—

(i)is entered into between a keno licensee and another person; and

(ii)relates to the operations of the licensee conducted under the keno licence; or

(b)an ancillary keno agreement.

related body corporate, of a keno licensee that is a body corporate, means a body corporate that is related to the licensee because of the Corporations Act, section 50.

revocation notice—

(a)for part 8, division 3, subdivision 1—see section 154C(1); and

(b)for part 8, division 3, subdivision 2—see section 154G(5).

self-exclusion notice see section 154A(1).

self-exclusion order see section 154B(1)(a).

show cause notice—

(a)for part 3, division 3—see section 25(2); and

(b)for part 4, division 5—see section 62(1); and

(c)for part 5, division 3—see section 97(2); and

(d)for part 8, division 1—see section 136(2).

show cause period, for part 3, division 3, see section 25(2)(e).

special warrant see section 178.

stop direction see section 194.

subscription includes a contribution to a subscription.

tribunal means QCAT.