Wagering Act 1998 (Qld)

Wagering Act 1998

An Act about wagering and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Wagering Act 1998.

2   Commencement

This Act commences on a day to be fixed by proclamation.

2A   Object

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

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

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

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

(c)minimising the potential for harm from wagering.

Part 2    Interpretation

Division 1 Definitions

3   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Basic concepts

4   Meaning of exclusivity period

(1)The exclusivity period, for a race wagering licence, is the period starting on 1 July 2014 and ending—

(a)30 years after 1 July 2014; or

(b)if, within the period of 30 years after 1 July 2014, a race wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.

(2)The exclusivity period, for a sports wagering licence, is the period starting on 1 July 2014 and ending—

(a)30 years after 1 July 2014; or

(b)if, within the period of 30 years after 1 July 2014, a sports wagering licence held by UBET or a UBET subsidiary is cancelled, surrendered or ceases to have effect for another reason (other than suspension)—on the day the licence is cancelled, surrendered or otherwise ceases to have effect.

5   Meaning of oncourse wagering permit

(1)An oncourse wagering permit is a permit authorising the permit holder to conduct oncourse wagering by means of a totalisator by accepting investments placed by persons at a race meeting conducted by the permit holder at a licensed venue.

(2)Subsection (1) applies only to investments that—

(a)are placed by persons at the licensed venue stated in the permit; and

(b)relate to races held at the race meeting conducted by the permit holder.

6   Meaning of race wagering licence

A race wagering licence is a licence authorising the race wagering licensee to conduct wagering on an event or contingency that—

(a)is, or relates to, thoroughbred, harness or greyhound racing; and

(b)may be lawfully held in Queensland or elsewhere.

7   Meaning of sports wagering licence

(1)A sports wagering licence is a licence authorising the sports wagering licensee to conduct wagering on—

(a)a sporting event or sporting contingency (whether in Australia or elsewhere); or

(b)a simulated event or simulated contingency approved by the Minister under section 57; or

(c)a non-sporting event, or a contingency relating to a non-sporting event, approved by the Minister under section 57.

(2)However, a sports wagering licence does not authorise the sports wagering licensee to conduct wagering on an event or contingency for which wagering is authorised to be conducted under a race wagering licence.

8   Meaning of totalisator

(1)A totalisator is a system used—

(a)to enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of the events or contingencies; and

(b)to enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes.

(2)A totalisator also includes an instrument, machine or device under which the system mentioned in subsection (1) is operated.

(3)In subsection (1)(b), a reference to the totalisator pool is a reference to the amount left from the investments after—

(a)making allowances for refunds of investments; and

(b)deducting commission for the conduct of the totalisator; and

(c)adding any pool top-up amount.

(4)In this section—

minimum pool amount, for a totalisator, means an amount worked out by using the formula—

where—

MPA means the minimum pool amount.

A means an amount that the authority operator for the totalisator advertises is the minimum amount that will, after amounts are refunded and deducted as commission, be available for the payment of dividends out of the totalisator for an event or contingency.

R means an amount paid out of the totalisator as a refund of an investment.

C means the amount that would be deducted as commission if the amount invested in the totalisator equalled A minus R.

pool top-up amount, for a totalisator, means an amount added by an authority operator to the totalisator so the amount available for the payment of dividends equals the minimum pool amount for the totalisator.

Division 3 Other interpretative matters

9   References to applicants for oncourse wagering permits and permit holders

(1)This section applies if the applicant for an oncourse wagering permit or a permit holder is an unincorporated body of persons.

(2)In this Act, a reference to the applicant or permit holder is a reference to each person who is a member of the management committee of the body.

10   References to investments

In this Act, a reference to an amount invested (whether in a totalisator or otherwise) is a reference to the amount invested, less any amount repayable to the investor by way of a refund (whether because of the cancellation or calling off of a bet or for any other reason).

Part 3    Lawfulness of wagering

11   Lawful activities

The following activities are lawful—

(a)the conduct, under this Act, of a totalisator by a wagering licensee under a wagering licence;

(b)the conduct, under this Act and the relevant wagering management agreement, of a totalisator by a wagering manager under a wagering licence;

(c)the conduct, under this Act, of a totalisator by a permit holder under an oncourse wagering permit;

(d)the conduct, under this Act, of wagering (on a fixed odds basis) by a wagering licensee under a wagering licence;

(e)the conduct, under this Act and the relevant wagering management agreement, of wagering (on a fixed odds basis) by a wagering manager under a wagering licence;

(f)the carrying on of a wagering agent’s operations under this Act and the relevant agency agreement;

(g)the use of approved wagering equipment by a wagering licensee, manager or agent or permit holder;

(h)betting, under this Act, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering licensee under a wagering licence;

(i)betting, under this Act and the relevant wagering management agreement, by a person (whether by means of a totalisator or on a fixed odds basis) for wagering conducted by a wagering manager under a wagering licence;

(j)betting, under this Act, by a person (by means of a totalisator) for wagering conducted by a permit holder under an oncourse wagering permit;

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

11A   Offences about totalisators

(1)A person must not—

(a)operate, or take part in operating, a totalisator other than under this Act; or

(b)bet on a totalisator other than under this Act or a law of another State; or

(c)ask to be another person’s agent for betting on a totalisator; or

(d)act as agent of another person (the second person) for betting on a totalisator if that person and the second person agree, expressly or impliedly, that the person acting as agent will receive consideration from the second person.

Maximum penalty—100 penalty units or 6 months imprisonment.

(2)For subsection (1)(b), a reference to a totalisator includes—

(a)a system that is substantially similar to a system mentioned in section 8(1); and

(b)an instrument, machine or device under which a system mentioned in paragraph (a) is operated.

12   Relationship with other laws

(1)Section 11 has effect despite any other law dealing with wagering, including, in particular, the Racing Integrity Act 2016.

(2)Nothing in this Act applies to a person carrying on bookmaking under the Racing Integrity Act 2016 under a racing bookmaker’s licence.

Part 4    Wagering authorities

Division 1 Suitability of persons

13   Suitability of involved persons

(1)This section applies to the Minister in deciding whether—

(a)an applicant for a wagering licence (the involved person) is a suitable person to hold a wagering licence; or

(b)a wagering licensee (also the involved person) is a suitable person to hold a wagering licence; or

(c)an applicant for an oncourse wagering permit (also the involved person) is a suitable person to hold an oncourse wagering permit; or

(d)a permit holder (also the involved person) is a suitable person to hold an oncourse wagering permit.

(2)The Minister may have regard to the following matters—

(a)the involved person’s character or business reputation;

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

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

(d)whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of operations conducted under a wagering authority of the kind applied for, or held, by the involved person;

(e)whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;

(f)whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations under a wagering authority of the kind applied for, or held, by the involved person;

(g)if the involved person has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(h)anything else prescribed under a regulation.

14   Suitability of associates

(1)This section applies to the Minister in deciding whether—

(a)a business or executive associate of an applicant for a wagering licence is a suitable person to be associated with a wagering licensee’s operations; or

(b)a business or executive associate of a wagering licensee is a suitable person to be associated with a wagering licensee’s operations; or

(c)a business or executive associate of an applicant for an oncourse wagering permit is a suitable person to be associated with a permit holder’s operations; or

(d)a business or executive associate of a permit holder is a suitable person to be associated with a permit holder’s operations.

(2)The Minister may have regard to the following matters—

(a)the associate’s character or business reputation;

(b)the associate’s current financial position and financial background;

(c)if the associate has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(d)anything else prescribed under a regulation.

15   Other matters about suitability

Sections 13 and 14 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.

Division 2 Applications for, and issue of, wagering authorities

16   Application for race wagering licence

(1)An application for a race wagering licence may only be made by a corporation.

(2)During the exclusivity period for a race wagering licence, an application for a race wagering licence may be made only by UBET or a UBET subsidiary.

17   Application for sports wagering licence

(1)An application for a sports wagering licence may only be made by a corporation.

(2)During the exclusivity period for a sports wagering licence, an application for a sports wagering licence may be made only by UBET or a UBET subsidiary.

18   Application for oncourse wagering permit

An application for an oncourse wagering permit may only be made by a licensed club.

19   Requirements about applications

An application for a wagering authority must—

(a)be made to the Minister; and

(b)be in the approved form; and

(c)be accompanied by any application fee prescribed under a regulation.

20   Further information or documents to support application

(1)The Minister may, by written notice given to an applicant for a wagering authority, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.

(2)The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.

21   Consideration of application

(1)The Minister must consider an application for a wagering authority and either grant or refuse to grant the application.

(2)However, the Minister is not required to decide an application if—

(a)the Minister has given the applicant a notice under section 20 requiring the applicant to give the Minister further information or a document about the application; and

(b)the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.

22   Conditions for granting application for wagering licence

(1)During the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the applicant is UBET or a UBET subsidiary.

(2)During the exclusivity period for a sports wagering licence, the Minister may grant an application for a sports wagering licence only if the applicant is UBET or a UBET subsidiary.

(3)If, in relation to an application for a race wagering licence, the Minister considers that, to ensure the effective conduct of authorised wagering under the licence, it would be necessary for the applicant to enter into arrangements with a racing entity, the Minister may grant the application only if the Minister is satisfied the applicant has entered into, or is in a position to enter into, appropriate arrangements with a racing entity.

(4)After the end of the exclusivity period for a race wagering licence, the Minister may grant an application for a race wagering licence only if the Minister is satisfied, having regard to relevant market conditions at the time, that appropriate commercial arrangements have been made between the interested parties that the Minister considers are no less favourable to the race companies than the arrangements last in force between the race companies and the initial licensee.

(5)Also, the Minister may grant an application for a wagering licence only if the Minister is satisfied—

(a)the applicant is a suitable person to hold a wagering licence; and

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

(6)However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (5).

(7)In this section—

commercial arrangements includes commercial arrangements about the conduct of approved wagering.

initial licensee means the race wagering licensee under a race wagering licence issued on the day this section commences.

interested parties means the initial licensee, the applicant for the race wagering licence and the race companies.

race companies means Queensland Race Co Ltd (ACN 081 743 777) and Queensland Race Product Co Ltd (ACN 081 743 722).

racing entity means a control body under the Racing Act 2002.

23   Conditions for granting application for oncourse wagering permit

(1)The Minister may grant an application for an oncourse wagering permit only if—

(a)the Minister is satisfied—

(i)the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator; and

(ii)despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or

(b)the Minister is satisfied the licence operator has refused or failed to enter into an agency agreement with the licensed club.

(2)Also, the Minister may grant an application for an oncourse wagering permit only if the Minister is satisfied—

(a)the applicant is a suitable person to hold an oncourse wagering permit; and

(b)each business and executive associate of the applicant is a suitable person to be associated with a permit holder’s operations.

(3)However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (2).

24   Investigation of suitability of persons

(1)The chief executive may investigate an applicant for a wagering authority to help the Minister decide whether the applicant is a suitable person to hold a wagering authority of the kind applied for.

(2)The chief executive may investigate a business or executive associate of an applicant for a wagering authority to help the Minister decide—

(a)for an application for a wagering licence—whether the associate is a suitable person to be associated with a wagering licensee’s operations; or

(b)for an application for an oncourse wagering permit—whether the associate is a suitable person to be associated with a permit holder’s operations.

25   Criminal history reports for investigations

(1)If the chief executive in investigating a person under section 24 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.

(2)The report is to contain—

(a)relevant information in the commissioner’s possession; and

(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and

(c)other relevant information to which the commissioner has access.

26   Decision on application

(1)If the Minister decides to grant an application for a wagering authority, the Minister must promptly issue the authority to the applicant.

(2)An oncourse wagering permit may be issued—

(a)for a stated term (not longer than 5 years); or

(b)for a stated race meeting or race meetings.

(3)If the Minister decides to refuse to grant an application for a wagering authority, the Minister must promptly give the applicant written notice of the decision.

27   Conditions of authority

The Minister may issue a wagering authority—

(a)on conditions the Minister considers necessary or desirable for the proper conduct of authorised wagering under the wagering authority; and

(b)on other conditions the Minister considers necessary or desirable in the public interest.

28   Form of authority

(1)A wagering authority must be in the approved form.

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

(a)the name of the authority holder;

(b)the date of issue of the authority;

(c)the term of the authority or, for an oncourse wagering permit, the race meeting or race meetings for which the permit is issued;

(d)for an oncourse wagering permit—the licensed venue for which the permit is issued;

(e)the conditions of the authority;

(f)any other particulars prescribed under a regulation.

29   Term of licence

(1)A wagering licence remains in force for the term stated in the licence.

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

29A   Extension of wagering licence

(1)A wagering licensee may apply for an extension (an extension application) of the term of the licensee’s licence.

(2)An extension application must be made at least 1 month before the licence expires.

(3)The provisions of this part relating to an application for, and issue of, a wagering licence apply to an extension application as if an extension application were an application for a wagering licence.

(4)However, for the purposes of subsection (3)—

(a)section 26(1) applies as if the reference to the Minister issuing the authority were a reference to the Minister issuing an extension of the licence; and

(b)section 29(1) applies as if the wagering licence remained in force for the term stated in the extension.

(5)To remove any doubt, it is declared that a wagering licence may be extended one or more times.

30   Term of permit

(1)An oncourse wagering permit remains in force—

(a)if issued for a stated term—for the stated term; or

(b)if issued for a stated race meeting or race meetings—for the term necessary and reasonable to enable the permit holder to undertake and finish the permit holder’s operations under the permit for the stated meeting or meetings.

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

Division 3 Dealings affecting wagering authorities

31   Changing conditions of authority

(1)The Minister may decide to change the conditions of a wagering authority if the Minister considers it is necessary or desirable to make the change—

(a)for the proper conduct of authorised wagering under the wagering authority; or

(b)otherwise in the public interest.

(2)If the Minister decides to change the conditions, the Minister must promptly give the authority holder a written notice (a condition notice) stating the decision and the reasons for the decision.

(3)A change of the conditions—

(a)takes effect—

(i)on the day the condition notice for the change is given to the authority holder; or

(ii)if a later day of effect is stated in the notice—on the later day; and

(b)does not depend on the wagering authority being amended to record the change, or a replacement authority recording the change being issued.

(4)The power of the Minister to change the conditions of a wagering authority includes the power to add conditions to an unconditional authority.

32   Recording change of conditions

(1)The authority holder must return the wagering authority to the Minister within 7 days of receiving the condition notice notifying a change of conditions, unless the holder has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)On receiving the wagering authority, the Minister must—

(a)amend the authority in an appropriate way and return the amended authority to the authority holder; or

(b)if the Minister does not consider it practicable to amend the authority—issue a replacement authority, incorporating the changed conditions, to the authority holder.

33   Authority generally not transferable

(1)A wagering authority can not be transferred.

(2)However, if a wagering authority is mortgaged or otherwise encumbered with the Minister’s approval, subsection (1) does not prevent the transfer of the authority, subject to section 34, by way of enforcement of the security.

33A   Amendment of wagering licence

(1)The Minister may, with the written agreement of the licensee, amend a wagering licence.

(2)After receiving the wagering licence for amendment, the Minister must—

(a)amend the licence as agreed and return the amended licence to the licensee; or

(b)if the Minister is satisfied it is not practicable to amend the licence to incorporate the amendment—give the licensee a replacement licence that incorporates the amendment.

(3)The amendment of the licence takes effect on the day the Minister gives the licensee the amended or replacement licence.

34   Mortgage and transfer of authority

(1)An authority holder may mortgage or otherwise encumber the wagering authority only with the written approval of the Minister.

(2)If a person has, under or because of a mortgage or other encumbrance, a right to sell and transfer a wagering authority, the authority may be sold and transferred only to a person approved by the Minister in writing.

(3)Before the Minister approves a person for the transfer of a wagering licence, the Minister must be satisfied—

(a)the proposed transferee is a suitable person to hold a wagering licence; and

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

(4)Before the Minister approves a person for the transfer of an oncourse wagering permit, the Minister must be satisfied—

(a)the proposed transferee is a suitable person to hold an oncourse wagering permit; and

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

(5)The Minister may require the proposed transferee of the wagering authority to submit an application for the authority and may deal with the application, and investigate the suitability of the proposed transferee and proposed transferee’s business and executive associates, in the same way as if the application were an application for a new wagering authority of the kind proposed to be transferred.

(6)If a person has, under or because of a mortgage or other encumbrance, a power to appoint a receiver or manager of the operations conducted under a wagering authority, the power may be exercised only if the Minister first approves the proposed receiver or manager in writing.

35   Surrender of authority

(1)An authority holder may surrender the wagering authority by written notice given to the Minister.

(2)The surrender of a wagering licence takes effect—

(a)if paragraph (b) does not apply—

(i)3 months after the notice is given; or

(ii)if a later day of effect is stated in the notice—on the later day; or

(b)if the Minister, by written notice given to the wagering licensee, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.

(3)The surrender of an oncourse wagering permit takes effect—

(a)on the day the notice is given to the Minister; or

(b)if a later day of effect is stated in the notice—on the later day.

Division 4 Investigation of authority holders and associates

36   Audit programs

(1)The Minister may approve audit programs for investigating the following—

(a)wagering licensees;

(b)business or executive associates of wagering licensees;

(c)permit holders;

(d)business or executive associates of permit holders.

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

37   Investigation of suitability of authority holders

(1)The chief executive may investigate an authority holder to help the Minister decide whether the holder is a suitable person to hold a wagering authority of the kind held by the holder.

(2)However, the chief executive may investigate an authority holder only if—

(a)the Minister reasonably suspects the holder is not a suitable person to hold a wagering authority of the kind held by the holder; or

(b)the investigation is made under the relevant audit program approved by the Minister.

(3)Also, an authority holder may be investigated under an audit program only if there has not been an investigation of the holder under the program within the preceding 2 years.

38   Investigation of suitability of associates of wagering licensees

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

(2)However, the chief executive may investigate a business or executive associate of a wagering licensee only if—

(a)the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering licensee’s operations; or

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

(c)for a person who became a business or executive associate of the wagering licensee after the issue of the wagering licence—the associate has not been investigated previously under an audit program mentioned in paragraph (b); or

(d)the associate—

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

(ii)has not been investigated under section 24(2).

(3)Also, a business or executive associate of a wagering licensee may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.

39   Investigation of suitability of associates of permit holders

(1)The chief executive may investigate a business or executive associate of a permit holder to help the Minister decide whether the associate is a suitable person to be associated with a permit holder’s operations.

(2)However, the chief executive may investigate a business or executive associate of a permit holder only if—

(a)the Minister reasonably suspects the associate is not a suitable person to be associated with a permit holder’s operations; or

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

(c)for a person who became a business or executive associate of the permit holder after the issue of the oncourse wagering permit—the associate has not been investigated previously under an audit program mentioned in paragraph (b).

(3)Also, a business or executive associate of a permit holder may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.

40   Requirement to give information or document for investigation

(1)In investigating an authority holder, or business or executive associate of an authority holder, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.

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

41   Failure to give information or document for investigation

(1)A person of whom a requirement is made under section 40 must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

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

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

42   Criminal history report for investigation

(1)If the chief executive in investigating a person under section 37, 38 or 39 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.

(2)The report is to contain—

(a)relevant information in the commissioner’s possession; and

(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and

(c)other relevant information to which the commissioner has access.

Division 5 Suspension and cancellation of wagering authorities

43   Grounds for suspension or cancellation

(1)A ground for suspending or cancelling a wagering authority exists if the authority holder—

(a)is not a suitable person to hold a wagering authority of the kind held by the holder; or

(b)is convicted of an offence against this Act or a gaming Act; or

(c)is convicted of an indictable offence; or

(d)contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or

(e)contravenes a condition of the authority; or

(f)fails to discharge the holder’s financial commitments for the holder’s operations; or

(g)is affected by bankruptcy action, or by control action under the Corporations Act.

(2)Also, a ground for suspending or cancelling a wagering authority exists if—

(a)the authority was issued because of a materially false or misleading representation or declaration; or

(b)for a wagering licence—a business or executive associate of the wagering licensee is not a suitable person to be associated with a wagering licensee’s operations; or

(c)for an oncourse wagering permit—a business or executive associate of the permit holder is not a suitable person to be associated with a permit holder’s operations.

(3)For subsection (1)(g), an authority holder is affected by bankruptcy action if the holder—

(a)is bankrupt; or

(b)has compounded with creditors; or

(c)has otherwise taken, or applied to take, advantage of any law about bankruptcy.

(4)For subsection (1)(g), an authority holder is affected by control action under the Corporations Act if the holder—

(a)has executed a deed of company arrangement under that Act; or

(b)is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or

(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.

44   Show cause notice

(1)This section applies if the Minister believes—

(a)a ground exists to suspend or cancel a wagering authority; and

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

(c)either—

(i)the integrity of the conduct of authorised wagering under the wagering authority may be jeopardised in a material way; or

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

(2)The Minister must give the authority holder a written notice (a show cause notice)—

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

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

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

(d)if the proposed action is suspension of the wagering authority—stating the proposed suspension period; and

(e)inviting the authority holder to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder.

(4)The authority holder may make representations about the show cause notice to the Minister in the show cause period.

45   Involvement of interested persons in show cause process

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

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

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

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

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

(b)whether the authority holder’s interest may be improperly prejudiced.

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

46   Consideration of representations

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

(a)the authority holder; or

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

47   Ending show cause process without further action

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to suspend or cancel the wagering authority.

(2)The Minister must not take any further action about the show cause notice.

(3)Notice that no further action about the show cause notice is to be taken must be given by the Minister to—

(a)the authority holder; and

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

48   Censuring authority holder

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but—

(a)does not believe suspension or cancellation of the authority is warranted; and

(b)does not consider it is appropriate to take action under section 49.

(2)This section also applies if the Minister has not given a show cause notice to the authority holder but—

(a)believes a ground exists to suspend or cancel the wagering authority; and

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

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

49   Direction to rectify

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to suspend or cancel the wagering authority but considers—

(a)a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and

(b)that it is appropriate to give the authority holder an opportunity to rectify the matter.

(2)This section also applies if the Minister has not given a show cause notice to the authority holder and—

(a)the Minister believes a ground exists to suspend or cancel the wagering authority; and

(b)the Minister considers—

(i)a matter relating to the ground for suspension or cancellation is reasonably capable of being rectified; and

(ii)that it is appropriate to give the authority holder an opportunity to rectify the matter without giving a show cause notice; and

(c)the authority holder has been given—

(i)written notice that the Minister proposes to give a direction under this section; and

(ii)a reasonable opportunity to make representations about the proposed direction.

(3)However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 50(1).

(4)The Minister may, by written notice given to the authority holder, direct the holder to rectify the matter within the period stated in the notice.

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

50   Notice by Minister to Governor in Council

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

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

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

(c)either—

(i)the integrity of the conduct of authorised wagering under the wagering authority may be jeopardised in a material way; or

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

(2)This section also applies if—

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

(b)a direction to rectify a matter is given to the authority holder under section 49 and the holder fails to comply with the direction within the period stated in the relevant notice.

(3)The Minister must give to the Governor in Council written notice of the Minister’s belief under subsection (1), or of the matter mentioned in subsection (2), together with—

(a)a copy of the show cause notice; and

(b)copies of any accepted representations for the show cause notice.

51   Suspension, cancellation and appointment of administrator

(1)After receiving the notice from the Minister under section 50, the Governor in Council may—

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

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

(i)suspend the authority for a period; or

(ii)cancel the authority; or

(iii)appoint an administrator to conduct the operations of the authority holder under the authority.

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

(a)the authority holder; and

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

(3)The decision takes effect—

(a)on the day the notice is given to the authority holder; or

(b)if a later day of effect is stated in the notice—on the later day.

(4)If the wagering authority is cancelled, the person who held the authority must, within 14 days after receiving notice of the decision, return the authority to the chief executive.

Maximum penalty for subsection (4)—200 penalty units or 1 year’s imprisonment.

52   Immediate suspension of authority by Minister

(1)The Minister may suspend a wagering authority immediately if the Minister believes—

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

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

(i)the integrity of the conduct of authorised wagering under the wagering authority is not jeopardised in a material way; or

(ii)the public interest is not affected in an adverse and material way.

(2)The suspension—

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

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

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

53   Terms of appointment, and role, of administrator

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

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

(3)The administrator—

(a)has full control of, and responsibility for, the operations of the authority holder conducted under the wagering authority (including operations relating to anything that had been started but not finished at the time of the administrator’s appointment); and

(b)subject to any directions by the Minister, must conduct the operations as required by this Act as if the administrator were the authority holder.

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

(5)Any profits derived from the conduct of the authority holder’s operations by the administrator are, after payment of the costs of administration, to be paid to the authority holder.

(6)This section and section 51(1)(b)(iii) apply despite the Corporations Act.

54   Cancellation or reduction of period of suspension

(1)At any time a suspension of a wagering authority by the Governor in Council is in force, the Governor in Council may, for the remaining period of suspension—

(a)cancel the period; or

(b)reduce the period by a stated period.

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

(a)the authority holder; and

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

55   Notice to interested persons of decisions

(1)This section applies if the Minister—

(a)censures the authority holder under section 48; or

(b)directs the authority holder to rectify a matter under section 49; or

(c)suspends the wagering authority under section 52.

(2)The Minister must promptly give written notice of the decision to each interested person to whom a copy of the show cause notice was given.

Division 6 Approved events and contingencies

56   Application for approval of particular events and contingencies

(1)A sports wagering licensee may apply to the Minister for approval to conduct wagering on—

(a)a simulated event; or

(b)a simulated contingency; or

(c)a non-sporting event; or

(d)a contingency that relates to a non-sporting event.

(2)The event or contingency may be in Australia or elsewhere.

(3)The application may relate to a particular event or contingency or a class of event or contingency.

(4)The application must—

(a)be in writing; and

(b)describe the event or contingency, or class of event or contingency, for which approval is sought.

57   Decision on application

(1)The Minister must consider an application under section 56 and either give, or refuse to give, the approval sought by the application.

(2)However, the Minister must not grant an approval that relates to—

(a)an event for which wagering is authorised to be conducted under a race wagering licence; or

(b)a sporting event; or

(c)a contingency that relates to an event mentioned in paragraphs (a) or (b); or

(d)an event or contingency the Minister considers to be offensive or contrary to the public interest.

58   Conditions of approval

(1)The Minister may give an approval for this division—

(a)on conditions the Minister considers necessary or desirable for the proper conduct of the wagering under the sports wagering licence; or

(b)on other conditions the Minister considers necessary or desirable in the public interest.

(2)A condition under subsection (1) is taken to be a condition of the sports wagering licence.

59   Notice of decision

(1)If the Minister gives an approval for this division, the Minister must give the sports wagering licensee a written notice stating—

(a)the decision; and

(b)any conditions of the approval.

(2)The notice also may state the period for which the approval remains in force.

(3)If the Minister refuses to give an approval, the Minister must give the sports wagering licensee a written notice stating the decision and the reasons for the decision.

60   Period of approval

An approval remains in force—

(a)if a period is stated in the notice mentioned in section 59—for the period stated; or

(b)if no period is stated in the notice—until the approval is withdrawn.

61   Withdrawal of approval

(1)The Minister may, for any reason the Minister considers appropriate, withdraw an approval given under section 57.

(2)However, an approval may be withdrawn only if the Minister—

(a)has given the sports wagering licensee a reasonable opportunity to be heard or to make representations on the proposed withdrawal; and

(b)has considered any representations made by the licensee in the process carried out by the Minister under paragraph (a).

(3)The withdrawal must be made by written notice, stating the reasons for the decision, given to the sports wagering licensee.

(4)The decision takes effect—

(a)on the day the notice is given to the sports wagering licensee; or

(b)if a later day of effect is stated in the notice—on the later day.

Part 5    Wagering managers

Division 1 Suitability of persons

62   Suitability of involved persons

(1)This section applies to the Minister in deciding whether—

(a)a proposed wagering manager (the involved person) is a suitable person to be a wagering manager; or

(b)a wagering manager (also the involved person) is a suitable person to be a wagering manager.

(2)The Minister may have regard to the following matters—

(a)the involved person’s business reputation;

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

(c)whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;

(d)whether the involved person has, or is able to obtain, financial resources the Minister considers to be adequate to ensure the financial viability of a wagering manager’s operations;

(e)whether the involved person has the appropriate business ability, knowledge or experience to successfully conduct operations as a wagering manager;

(f)whether the involved person has, or is able to obtain, the services of persons with appropriate business ability, knowledge or experience to enable the involved person to successfully conduct operations as a wagering manager;

(g)if the involved person has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(h)anything else prescribed under a regulation.

63   Suitability of associates

(1)This section applies to the Minister in deciding whether—

(a)a business or executive associate of a proposed wagering manager is a suitable person to be associated with a wagering manager’s operations; or

(b)a business or executive associate of a wagering manager is a suitable person to be associated with a wagering manager’s operations.

(2)The Minister may have regard to the following matters—

(a)the associate’s character or business reputation;

(b)the associate’s current financial position and financial background;

(c)if the associate has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(d)anything else prescribed under a regulation.

64   Other matters about suitability

Sections 62 and 63 do not limit the matters the Minister may have regard to in deciding matters to which the sections relate.

Division 2 Appointment of wagering managers

65   Appointment

(1)A wagering licensee may appoint a person to manage some or all the operations relating to authorised wagering conducted under the wagering licence.

(2)However, a wagering licensee may appoint a person as wagering manager—

(a)only with the approval of the Minister; and

(b)only if the person is a corporation.

66   Application for approval

An application for approval to appoint a person as wagering manager must be made to the Minister in writing by the wagering licensee.

67   Further information or documents to support application

(1)The Minister may, by written notice given to an applicant for an approval, require the applicant to give the Minister further information or a document about the application within the reasonable time stated in the notice.

(2)The requirement must relate to information or a document that is necessary and reasonable to help the Minister decide the application.

68   Consideration of application

(1)The Minister must consider an application for an approval and either give, or refuse to give, the approval.

(2)However, the Minister is not required to decide an application if—

(a)the Minister has given the applicant a notice under section 67 requiring the applicant to give the Minister further information or a document about the application; and

(b)the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.

(3)The Minister may approve the appointment of a person as a wagering manager only if the Minister is satisfied—

(a)the person is a suitable person to be a wagering manager; and

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

(4)The Minister must promptly give the applicant written notice of the Minister’s decision.

69   Investigation of suitability of persons

(1)The chief executive may investigate a proposed wagering manager to help the Minister decide whether the person is a suitable person to be a wagering manager.

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

70   Criminal history reports for investigations

(1)If the chief executive in investigating a person under section 69 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.

(2)The report is to contain—

(a)relevant information in the commissioner’s possession; and

(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and

(c)other relevant information to which the commissioner has access.

Division 3 Wagering management agreements

71   Meaning of wagering management agreement

A wagering management agreement is an agreement between a wagering licensee and another person—

(a)appointing the other person as a wagering manager for some or all the operations relating to authorised wagering conducted under the wagering licence; and

(b)dealing with the wagering manager’s authority; and

(c)stating the conditions under which the wagering manager acts as, and remains, a wagering manager for the wagering licensee; and

(d)stating other matters agreed between the wagering manager and wagering licensee.

72   Entering into wagering management agreement

A wagering licensee must not enter into a wagering management agreement without the written approval of the Minister.

Maximum penalty—40 penalty units.

73   Amendment of wagering management agreement

A wagering management agreement may be amended only with the written approval of the Minister.

74   Approvals for wagering management agreements

(1)A wagering licensee may apply to the Minister for approval to enter into, or amend, a wagering management agreement.

(2)An application must—

(a)be in writing; and

(b)be accompanied by a copy of the proposed agreement or amendment.

(3)The Minister must consider an application for approval and either give, or refuse to give, the approval.

(4)However, the Minister may refuse to give an approval only if the Minister reasonably believes it is necessary to refuse the approval—

(a)in the public interest; or

(b)to protect proper standards of integrity in the conduct of approved wagering.

(5)The Minister must promptly give the wagering licensee written notice of the Minister’s decision.

Division 4 Investigation of wagering managers and associates

75   Audit programs

(1)The Minister may approve audit programs for investigating—

(a)wagering managers; and

(b)business or executive associates of wagering managers.

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

76   Investigation of suitability of wagering managers

(1)The chief executive may investigate a wagering manager to help the Minister decide whether the manager is a suitable person to be a wagering manager.

(2)However, the chief executive may investigate a wagering manager only if—

(a)the Minister reasonably suspects the manager is not a suitable person to be a wagering manager; or

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

(3)Also, a wagering manager may be investigated under an audit program only if there has not been an investigation of the manager under the program within the preceding 2 years.

77   Investigation of suitability of associates of wagering managers

(1)The chief executive may investigate a business or executive associate of a wagering manager to help the Minister decide whether the associate is a suitable person to be associated with a wagering manager’s operations.

(2)However, the chief executive may investigate a business or executive associate of a wagering manager only if—

(a)the Minister reasonably suspects the associate is not a suitable person to be associated with a wagering manager’s operations; or

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

(c)for a person who became a business or executive associate of the wagering manager after the manager’s appointment—the associate has not been investigated previously under an audit program mentioned in paragraph (b).

(3)Also, a business or executive associate of a wagering manager may be investigated under an audit program only if there has not been an investigation of the associate under the program within the preceding 2 years.

78   Requirement to give information or document for investigation

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

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

79   Failure to give information or document for investigation

(1)A person of whom a requirement is made under section 78 must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

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

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

80   Criminal history report for investigation

(1)If the chief executive in investigating a person under section 76 or 77 asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.

(2)The report is to contain—

(a)relevant information in the commissioner’s possession; and

(b)relevant information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions; and

(c)other relevant information to which the commissioner has access.

Division 5 Terminating wagering management agreements

81   Grounds for directing termination

(1)A ground for directing the termination of a wagering management agreement exists if the wagering manager—

(a)is not a suitable person to be a wagering manager; or

(b)is convicted of an offence against this Act or a gaming Act; or

(c)is convicted of an indictable offence; or

(d)contravenes a provision of this Act (being a provision a contravention of which is not an offence against this Act); or

(e)fails to discharge the manager’s financial commitments for the manager’s operations; or

(f)is affected by control action under the Corporations Act.

(2)Also, a ground for directing the termination of a wagering management agreement exists if—

(a)the approval of the Minister for the wagering manager’s appointment, or the entering into of the agreement, was given because of a materially false or misleading representation or declaration; or

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

(3)For subsection (1)(f), a wagering manager is affected by control action under the Corporations Act if the manager—

(a)has executed a deed of company arrangement under that Act; or

(b)is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or

(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.

82   Show cause notice

(1)This section applies if the Minister believes—

(a)a ground exists for directing the termination of a wagering management agreement; and

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

(c)either—

(i)the integrity of the conduct of authorised wagering under the relevant wagering licence 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 wagering manager a written notice (a show cause notice)—

(a)stating the Minister proposes to take action (the proposed action) to direct the wagering licensee to terminate the wagering management agreement; and

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

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

(d)inviting the wagering manager to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the wagering manager.

(4)The Minister must promptly give a copy of the show cause notice to the wagering licensee.

83   Representations about show cause notice

(1)The wagering manager, and wagering licensee to whom a copy of the show cause notice is given, may make representations about the show cause notice to the Minister in the show cause period.

(2)The Minister must consider all written representations (the accepted representations) made under subsection (1).

84   Ending show cause process without further action

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to direct the termination of the wagering management agreement.

(2)The Minister must not take any further action about the show cause notice.

(3)Notice that no further action about the show cause notice is to be taken must be given by the Minister to the wagering manager and licensee.

85   Censuring wagering manager

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but—

(a)does not believe termination of the agreement is warranted; and

(b)does not consider it is appropriate to take action under section 86.

(2)This section also applies if the Minister has not given a show cause notice to the wagering manager but—

(a)believes a ground exists to direct the termination of the wagering management agreement; and

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

(3)The Minister may, by written notice given to the wagering manager, censure the manager for a matter relating to the ground for directing the termination of the agreement.

86   Direction to rectify

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes a ground exists to direct the termination of the wagering management agreement but considers—

(a)a matter relating to the ground is reasonably capable of being rectified; and

(b)that it is appropriate to give the wagering manager an opportunity to rectify the matter.

(2)This section also applies if the Minister has not given a show cause notice to the wagering manager and—

(a)the Minister believes a ground exists to direct the termination of the wagering management agreement; and

(b)the Minister considers—

(i)a matter relating to the ground is reasonably capable of being rectified; and

(ii)that it is appropriate to give the wagering manager an opportunity to rectify the matter without giving a show cause notice; and

(c)the wagering manager and wagering licensee have been given—

(i)written notice that the Minister proposes to give a direction under this section; and

(ii)a reasonable opportunity to make representations about the proposed direction.

(3)However, this section applies because of subsection (1) only if the Minister does not have the belief mentioned in section 87.

(4)The Minister may, by written notice given to the wagering manager, direct the manager to rectify the matter within the period stated in the notice.

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

87   Direction to terminate agreement

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

(a)a ground exists to direct the termination of the wagering management agreement; and

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

(c)either—

(i)the integrity of the conduct of authorised wagering under the relevant wagering licence may be jeopardised in a material way; or

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

(2)This section also applies if—

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

(b)a direction to rectify a matter is given to the wagering manager under section 86 and the manager fails to comply with the direction within the period stated in the relevant notice.

(3)The Minister may, by written notice given to the wagering licensee, direct the licensee to terminate the wagering management agreement within the time stated in the notice.

(4)If the Minister gives a direction under this section, the Minister must promptly give a copy of the relevant notice to the wagering manager.

88   Termination of agreement on direction

(1)If the Minister directs a wagering licensee to terminate a wagering management agreement, the licensee must—

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

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

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

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

(4)A wagering licensee does not incur any liability because the licensee terminates a wagering management agreement under subsection (1).

89   Termination of agreement without direction

(1)This section applies if a wagering management agreement is terminated otherwise than because of a direction to terminate the agreement given to the wagering licensee by the Minister.

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

Maximum penalty for subsection (2)—40 penalty units.

90   Suspending wagering manager’s operations

(1)The Minister may suspend the wagering manager’s operations immediately if the Minister believes—

(a)a ground exists to direct the termination of the wagering management agreement; and

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

(i)the integrity of the conduct of authorised wagering under the relevant wagering licence is not jeopardised in a material way; or

(ii)the public interest is not affected in an adverse and material way.

(2)The suspension—

(a)must be effected by written notice (a suspension notice) given to the wagering manager 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.

(3)A wagering manager must not carry on operations while the manager’s operations are suspended.

Maximum penalty for subsection (3)—200 penalty units or 2 years imprisonment.

91   Notice to wagering licensee of decisions

(1)This section applies if the Minister—

(a)censures the wagering manager under section 85; or

(b)directs the wagering manager to rectify a matter under section 86; or

(c)suspends the wagering manager’s operations under section 90.

(2)The Minister must promptly give written notice of the decision to the wagering licensee.

Part 6    Status of certain decisions

92   Definition for part

In this part—

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.

93   Application of part

(1)This part applies to a decision of the Governor in Council or Minister made, or appearing to be made, under this Act about or affecting—

(a)a wagering authority, wagering manager or wagering management agreement; or

(b)a person with an interest or potential interest in—

(i)a wagering authority; or

(ii)the appointment of a wagering manager; or

(iii)a wagering management agreement.

(2)The decisions to which this part 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.

94   Certain decisions not to be justiciable

A decision to which this part applies—

(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.

Part 7    Key employees and operators for authority operators

Division 1 Licensing requirements for key employees

95   Meaning of key employee

(1)A wagering employee is a key employee of an authority operator if the employee—

(a)occupies or acts in a managerial position, or carries out managerial functions, in relation to any operations conducted under the relevant wagering authority; or

(b)is in a position to affect or significantly influence any operations conducted under the relevant wagering authority; or

(c)occupies or acts in a position designated in the authority operator’s control system as a key position.

(2)Subsection (1)(a) applies to a position only if the position is designated by the chief executive as a key position.

(3)Subsection (1)(a) applies to functions only if the functions are designated by the chief executive as key functions.

(4)Subsection (1)(b) applies to an employee only if the employee is designated by the chief executive as being in a key position.

(5)A designation of the chief executive for subsection (2), (3) or (4) must be made by written notice given to the authority operator.

96   Requirement to be licensed employee

A person must not occupy or act in the position of a key employee, or carry out the functions of a key employee, in relation to the conduct of operations under a wagering authority unless the person is a licensed employee.

Maximum penalty—40 penalty units.

97   Prohibition of employment as key employees of persons who are not licensed employees

An authority operator must not employ a person as a key employee, or to carry out the functions of a key employee, unless the person is a licensed employee.

Maximum penalty—40 penalty units.

Division 2 Requirements about key operators

98   Meaning of key operator

A key operator is a person (other than a wagering employee) who—

(a)is in a position to control or exercise significant influence over the conduct of an authority operator’s operations; or

(b)is associated with an authority operator in a way that enables the person to control or exercise significant influence over the conduct of the authority operator’s operations; or

(c)occupies a position or has an association with an authority operator of a kind that makes the person a key operator under criteria prescribed under a regulation.

99   Requirement that key operator apply for licence or end role

(1)If the chief executive reasonably believes a person is a key operator, the chief executive may, by written notice given to the person, require the person either to apply to be licensed as a key operator under a key person licence, or to stop being a key operator, within 7 days of receiving the notice.

(2)The person must comply with the requirement (the key operator’s requirement) within 7 days of 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 relevant authority operator.

100   Requirement that key operator end role

(1)This section applies if—

(a)a key operator’s requirement is made of a person; and

(b)the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.

(2)The chief executive may, by written notice given to the person, require the person to stop being a key operator of the authority operator within the time stated in the notice.

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

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

(4)A person does not incur any liability because of action taken to comply with a requirement under this section.

101   Requirement to end key operator’s role

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

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

(b)the person complies with the requirement by applying to be licensed as a key operator but the chief executive refuses to grant the application.

(2)The chief executive may, by written notice given to the authority operator for whom the person is a key operator, require the authority operator to take any necessary action to ensure the person stops being a key operator within the time stated in the notice.

(3)The authority operator must comply with the requirement.

(4)This section applies to an authority operator despite any other Act or law.

(5)An authority operator does not incur any liability because of action taken to comply with a requirement under this section.

Division 3 Applications for, and issue of, key person licences

102   Application for licence

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

(2)The application must be accompanied by—

(a)if the applicant applies to be licensed as an employee—a written notice from an authority operator to the chief executive stating that the operator intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and

(b)any documents prescribed under a regulation; and

(c)the application fee prescribed under a regulation.

103   Further information or documents to support application

(1)The chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document about the application within the reasonable time stated in the notice.

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

104   Consideration of application

(1)The chief executive must consider an application for a key person 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.

(3)Also, despite subsection (1), the chief executive is not required to decide an application if—

(a)the chief executive has given the applicant a notice under section 103 requiring the applicant to give the chief executive further information or a document about the application; and

(b)the applicant has failed, without reasonable excuse, to comply with the requirement within the time stated in the notice.

105   Conditions for granting application

The chief executive may grant an application for a key person 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 key person licence.

Note—

Criteria for deciding a person’s suitability to hold a key person licence are dealt with in section 113.

106   Investigation of suitability of applicant

The chief executive may investigate an applicant for a key person licence to help the chief executive decide whether the applicant is a suitable person to hold a key person licence.

107   Criminal history report for investigation

(1)If the chief executive in investigating an applicant for a key person licence asks the commissioner of the police service for a written report on the applicant’s criminal history, the commissioner must give the report to the chief executive.

(2)The report is to contain—

(a)relevant information in the commissioner’s possession; and

(b)relevant information the commissioner can reasonably obtain by inquiry from officials administering police services in other Australian jurisdictions; and

(c)other relevant information to which the commissioner has access.

108   Decision on application

(1)If the chief executive decides to grant an application for a key person licence, the chief executive must promptly—

(a)issue a key person licence to the applicant; and

(b)give written notice of the issue of the licence to the relevant authority operator.

(2)If the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly—

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

(b)give written notice of the decision to the relevant authority operator.

109   Conditions of licence

(1)The chief executive may issue a key person licence—

(a)on conditions the chief executive considers necessary or desirable for the proper conduct of approved wagering; and

(b)on other conditions the chief executive considers necessary or desirable in the public interest.

(2)If the chief executive decides to issue a key person licence on conditions, the chief executive must promptly—

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

(b)give a copy of the notice to the relevant authority operator.

110   Form of licence

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

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

(a)the name of the key person licensee;

(b)a recent photograph of the licensee;

(c)the date of issue of the licence;

(d)whether the licensee is a licensed employee or licensed as a key operator;

(e)the conditions of the licence;

(f)any other particulars prescribed under a regulation.

111   Term of licence

A key person licence remains in force unless it lapses or is cancelled or surrendered.

112   Lapsing of licence

(1)A key person licence lapses if the key person licensee is a licensed employee and—

(a)at the end of 1 year after the licence was issued, the licensee has not been employed (whether as a key employee or in another capacity) by an authority operator; or

(b)the licensee ceases to be employed by an authority operator and is not re-employed by the same or another authority operator within the following 3 months.

(2)A key person licence lapses if the key person licensee is licensed as a key operator and ceases to be a key operator.

Division 4 Suitability of persons

113   Suitability of applicants and key person licensees

(1)This section applies to the chief executive in deciding whether an applicant for a key person licence (the involved person) or a key person licensee (also the involved person) is a suitable person to hold a key person licence.

(2)The chief executive may have regard to the following matters—

(a)the involved person’s character;

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

(c)the involved person’s general suitability to carry out functions as a key employee or to be a key operator for an authority operator.

Division 5 Dealings affecting key person licences

114   Changing conditions of licence

(1)The chief executive may decide to change the conditions of a key person licence if the chief executive considers it is necessary or desirable to make the change for the proper conduct of approved wagering or otherwise in the public interest.

(2)If the chief executive decides to change the conditions, the chief executive must immediately—

(a)give the key person licensee—

(i)written notice of the changed conditions; and

(ii)an information notice for the decision; and

(b)if the chief executive believes the key person licensee is currently an employee or key operator of an authority operator—give a copy of the information notice to the authority operator.

(3)A change of the conditions—

(a)takes effect—

(i)on the day the information notice for the change is given to the key person licensee; or

(ii)if a later day of effect is stated in the notice—on the later day; and

(b)does not depend on the key person licence being amended to record the change, or a replacement licence recording the change being issued.

(4)The power of the chief executive to change the conditions of a key person licence includes the power to add conditions to an unconditional licence.

115   Recording change of conditions

(1)The key person licensee must return the key person licence to the chief executive within 7 days of receiving the information notice notifying a change of conditions, unless the licensee has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)On receiving the key person licence, the chief executive must—

(a)amend the licence in an appropriate way and return the amended licence to the key person licensee; or

(b)if the chief executive does not consider it practicable to amend the licence—issue a replacement key person licence, incorporating the changed conditions, to the key person licensee.

116   Replacement of licence

(1)A key person licensee may apply to the chief executive for the replacement of the key person licence if the licence has been lost, stolen, destroyed or damaged.

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

302F   [Repealed]

Division 2 Reviews by Minister

303   Refusal of licence operator to enter into agency agreement

(1)This section applies if—

(a)a licensed club reasonably believes it has negotiated in good faith with a licence operator for entering into an agency agreement with the operator but the club and the operator have been unable to agree the terms of the agreement; or

(b)the operator has refused to enter into an agency agreement with the licensed club.

(2)The licensed club may ask the Minister to review—

(a)the outcome of the negotiations mentioned in subsection (1)(a) (the outcome); or

(b)the decision mentioned in subsection (1)(b).

(3)After reviewing the outcome or decision, the Minister may direct the licence operator to enter into an agency agreement with the licensed club on the terms decided by the Minister.

(4)In giving a direction, the Minister must have regard to—

(a)the commercial viability of the licence operator and the licensed club; and

(b)the public interest.

(5)If the licensed club is willing to enter into an agency agreement on the terms decided by the Minister, the licence operator must comply with the direction.

Maximum penalty—100 penalty units.

(6)In this section, a reference to a decision of a licence operator to refuse to enter into an agency agreement includes a failure to enter into an agency agreement.

304   Termination of agency agreement

(1)This section applies if a licence operator terminates an agency agreement with a licensed club otherwise than because of a direction to terminate the agreement given to the licence operator by the chief executive.

(2)The licensed club may ask the Minister to review the decision.

(3)To secure the effectiveness of the review, the Minister may grant a stay of the decision.

(4)After reviewing the decision, the Minister may direct the licence operator to reinstate the agency agreement.

(5)However, the Minister may give a direction only if the Minister considers the licence operator, in terminating the agency agreement—

(a)acted otherwise than under the agreement; or

(b)despite having acted under the agreement—acted unreasonably.

(6)The licence operator must comply with the direction.

Maximum penalty—100 penalty units.

(7)In this section—

reinstate an agency agreement that has been terminated includes enter into a fresh agency agreement on terms similar to the agency agreement terminated.

305   Issues about staying operations of decisions

(1)A stay mentioned in section 304(3)—

(a)may be given on conditions the Minister considers appropriate; and

(b)operates for the period fixed by the Minister; and

(c)may be revoked or amended by the Minister.

(2)The period of a stay under this section must not extend past the time when the Minister decides the review.

(3)A review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.

306   Procedures for reviews

For reviewing an outcome or a decision, the Minister—

(a)must give the licence operator and the licensed club a reasonable opportunity to be heard or to make representations about the outcome or decision; and

(b)must consider any representations.

307   Delegation for div 2

(1)The Minister may delegate the Minister’s powers under this division to the Queensland Competition Authority.

(2)The Queensland Competition Authority has the powers and functions necessary for the delegation.

Part 15    Miscellaneous

308   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 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.

308A   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 employee; or

(b)an authority holder who is an individual; or

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

309   Delegations

(1)The Minister may delegate the Minister’s powers under this Act, other than part 14, division 2, 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

310   Commercial arrangements for conducting sports wagering

(1)This section applies if a sports wagering licensee does not propose to conduct wagering under the licence on a particular sporting event or contingency held or happening outside Australia or New Zealand.

(2)With the approval of the Minister, the licensee may enter into a commercial arrangement with a licensed entity for the entity to conduct wagering on the event or contingency.

(3)Wagering conducted by the licensed entity under the arrangement is taken to be wagering conducted by the sports wagering licensee under the sports wagering licence.

(4)In this section—

licensed entity means—

(a)a casino licensee under the Casino Control Act 1982; or

(b)the holder of an operator’s licence under the Gaming Machine Act 1991; or

(c)the holder of an interactive gambling licence under the Interactive Gambling (Player Protection) Act 1998; or

(d)a keno licensee under the Keno Act 1996; or

(e)a lottery operator under the Lotteries Act 1997.

310A   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.

311   Approval of forms

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

312   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)investments; or

(ii)an account in the name of an investor with a licence operator; or

(iii)vouchers for use in place of money to make investments; or

(iv)outcomes of events; or

(v)payouts; or

(vi)setting aside a portion of the total of all investments made on a totalisator, and distributing or paying the money set aside; or

(d)be about the methods of payment used—

(i)with regulated wagering equipment; or

(ii)for wagering; or

(iii)for paying out a winning bet or refund; or

(iv)for making deposits to, or withdrawals from, an account in the name of an investor with a licence operator.

Part 17    Transitional provisions

Division 1 Transitional provisions for Act No. 15 of 1998

318   Application of div 1

This division applies only if a wagering licence (the initial licence) is issued on the commencement day.

319   Definitions for div 1

In this division—

commencement day means the day on which the provision in which the term is used commences.

existing Act means the Racing and Betting Act 1980 as in force from time to time before the commencement day.

initial licence see section 318.

initial operator means—

(a)if, on the commencement day, the wagering licensee under the initial licence does not enter into a wagering management agreement with the Minister’s approval—the wagering licensee; or

(b)if, on the commencement day, the wagering licensee under the initial licence enters into a wagering management agreement with the Minister’s approval—the wagering manager appointed under the agreement.

TAB agency agreement means a contract, agreement or arrangement made under the existing Act under which the TAB appointed a person as its agent for the exercise of its powers or performance of its functions.

TAB’s control system means the system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the TAB for the conduct of wagering by totalisators.

320   Control system for initial operator

(1)This section applies if, on the commencement day, the initial operator makes a control system submission to the chief executive.

(2)The TAB’s control system is, with any necessary modifications, taken to be the initial operator’s approved control system until the chief executive approves, or refuses to approve, under section 176, the control system to which the submission relates.

321   Regulated wagering equipment

(1)This section applies if—

(a)immediately before the commencement day, wagering equipment—

(i)is the TAB’s equipment; or

(ii)was used in the conduct of betting by means of a totalisator under the existing Act; and

(b)on the commencement day, the equipment is regulated wagering equipment.

(2)The regulated wagering equipment is taken to be approved wagering equipment.

322   Key employees of initial operator

(1)This section applies if, on the commencement day, a key employee of the initial operator applies to the chief executive to be licensed as an employee under a key person licence.

(2)The key employee is taken to be a licensed employee until the chief executive grants or refuses to grant the application under section 104.

323   Amounts payable before commencement day for investments

(1)This section applies if—

(a)an investment is made under the existing Act before the commencement day; and

(b)an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) before the commencement day.

(2)Sections 201 to 203 of the existing Act continue to apply in relation to the investment and the amount as if the sections had not been repealed by the Racing Legislation Amendment Act 1998.

(3)For applying the sections—

(a)a reference to the totalisator board is taken to be a reference to the TAB; and

(b)a reference to the Racing Development Fund is taken to be a reference to the consolidated fund.

324   Amounts payable on or after commencement day for investments

(1)This section applies if—

(a)an investment is made under the existing Act before the commencement day; and

(b)an amount first becomes payable in relation to the investment (whether by way of a dividend or refund) on or after the commencement day.

(2)For paying the amount, the investment is taken to be an investment made for approved wagering.

325   Agency agreements

(1)A TAB agency agreement made before, and in force at, the commencement day is taken to be an agency agreement duly made under this Act for the initial operator.

(2)Within 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent with whom the operator has an agency agreement to which this section applies.

326   Wagering agents

(1)This section applies if, immediately before the commencement day—

(a)a race club holds a totalisator licence under the existing Act; and

(b)a net pool of the race club is amalgamated under section 196 of the existing Act.

(2)Subject to part 8, division 4, for 1 year starting on the commencement day, the race club is taken to be a wagering agent of the initial operator and the agency relationship between the club and operator is taken to be an agency agreement.

(3)However, the race club may terminate the agency by written notice given to the initial operator.

(4)Within 7 days after the commencement day, the initial operator must give the chief executive a written notice informing the chief executive of the name and place of operation of each wagering agent under this section.

327   Permit holders

(1)This section applies if, immediately before the commencement day—

(a)a race club holds a totalisator licence under the existing Act; and

(b)a net pool of the race club is not amalgamated under section 196 of the existing Act.

(2)Subject to part 4, division 5, the race club is taken to be a permit holder for 1 year starting on the commencement day.

(3)However, if within the period of 1 year the race club enters into an agency agreement with the initial operator, the club stops being a permit holder.

328   Control system for permit holders

(1)This section applies to a race club that is taken to be a permit holder under section 327.

(2)The system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the race club for the conduct of wagering by totalisators is taken to be the club’s approved control system until the earlier of the following—

(a)the end of 1 year starting on the commencement day;

(b)the entering into of an agency agreement between the race club and initial operator.

329   Continued operation of former rules and certain former regulations

(1)Rules in force under section 193 of the existing Act immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules under this Act.

(2)The Racing and Betting Regulation 1981, sections 63 to 68 and part 7 as in force immediately before the commencement day continue to operate with any necessary changes and, for that purpose, are taken to be rules validly made under this Act.

(3)If a provision applying as a rule under subsection (1) is inconsistent with a provision applying as a rule under subsection (2), the latter provision prevails.

(4)Subsections (1) and (2) apply until the earlier of the following—

(a)the end of 1 year starting on the commencement day;

(b)the commencement of rules made under this Act superseding the rules mentioned in subsection (1) or the provisions mentioned in subsection (2).

(5)Provisions operating as rules under subsection (1) or (2) may be amended by rules under this Act.

(6)Subsections (1) and (2) apply despite the Racing Legislation Amendment Act 1998.

Division 2 Transitional provisions for Gambling Legislation Amendment Act 2004

330   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 9.

331   [Repealed]

332   Direction to rectify under pre-amended Act

(1)This section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if—

(a)the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and

(b)before the commencement—

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

(ii)the period for rectifying the matter under that Act has ended and action has not been taken under section 129 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 9, had not commenced.

(3)Subsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if—

(a)the chief executive gave the direction to the licensee without a show cause notice; and

(b)before the commencement—

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

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

(4)A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.

333   [Repealed]

334   Continuation of obligation under pre-amended Act, s 215

(1)This section applies to a general operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 215(2), allow a person to take part in approved wagering at a place at which the operator is entitled to carry on the operator’s operations.

(2)The pre-amended Act, section 215(2), continues to apply to the operator as if the Gambling Legislation Amendment Act 2004, part 9, had not commenced.

335   Transitional provision for race wagering licence

(1)This section applies to a race wagering licence that is in force immediately before the commencement.

(2)In the race wagering licence—

(a)a reference to a horse, trotting or greyhound race is taken to be a reference to thoroughbred, harness or greyhound racing; and

(b)a reference to an event or contingency that is scheduled to be held at a race meeting at a racing venue is taken to be a reference to an event or contingency that may be lawfully held in Queensland or elsewhere.

Division 3 Transitional provisions for Gambling Legislation Amendment Act 2005

336   Definitions for div 3

In this division—

commencement means the day the provision in which the term is used commences.

post-amended Act means this Act as in force immediately after the commencement.

337   Inspectors

A person who was an inspector immediately before the commencement is taken to be an inspector appointed under the post-amended Act, section 229.

338   Audit program for inspectors

The audit program that, immediately before the commencement, was the audit program approved by the Minister under section 231(1) of this Act as in force before the commencement is taken to be the approved audit program under the post-amended Act, section 236.

Division 4 [Repealed]

339   [Repealed]

Division 5 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

340   Continuation of offence under s 173

(1)This section applies if a person is alleged to have committed an offence against section 173, 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.

Division 6 Transitional provision for Appropriation Act (No. 2) 2014

340A   Application of particular provisions

The amendments of sections 4, 16, 17, 22, 341 and schedule 2 made by the Appropriation Act (No. 2) 2014 are, for the purposes of a wagering licence, taken to have had effect from 1 July 2014.

Division 7 Transitional provisions for Betting Tax Act 2018

340B    Definition for division

In this division—

former, for a provision of this Act, means as in force from time to time before the commencement.

340C    Continued application of Act

(1)This Act as in force from time to time before the commencement continues to apply in relation to a pre-commencement liability as if the Betting Tax Act 2018, part 9, division 5 had not commenced.

(2)Without limiting subsection (1)—

(a)former section 166 continues to apply after the commencement in relation to the payment of a pre-commencement liability; and

(b)former section 167 continues to apply after the commencement for calculating a pre-commencement liability.

(3)Despite subsection (1), section 172 as in force immediately before the commencement continues to apply after the commencement in relation to—

(a)the evasion, after the commencement, of the payment of an amount payable as wagering tax under former section 166, whether the amount—

(i)was payable before the commencement; or

(ii)is payable after the commencement under this section; and

(b)a return given after the commencement under former section 167 as continued in effect under this section.

(4)In this section—

pre-commencement liability means a liability under former section 165 for any month before the commencement.

wagering tax means wagering tax within the meaning of this Act as in force from time to time before the commencement.

340D    Proceedings for particular offences

(1)This section applies if a person is alleged to have committed—

(a)an offence against former section 172(1) before the commencement; or

(b)an offence against section 172(1), as in force immediately before the commencement, after the commencement.

Note—

See section 340C(3) for the continued application of section 172 as in force immediately before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be punished for the offence, as if the Betting Tax Act 2018, part 9, division 5 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

340E    Application of s 289 in relation to offences against particular provisions

Section 289, as amended by the Betting Tax Act 2018, applies as if a reference in that section to an offence against section 172 included a reference to—

(a)an offence against former section 172(1); and

(b)an offence against section 172(1) as in force immediately before the commencement and as continued in effect under section 340C(3).

Division 8 Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021

340F    Interactive wagering accounts established before commencement

Sections 228B, 228C and 228E apply in relation to an interactive wagering customer whether the customer’s interactive wagering account, however called, was established before or after the commencement.

Part 18    Validating provision for Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013

341   Validation of extension of sports wagering licence

(1)This section applies to the extension, before the commencement of this section, of the term of the sports wagering licence held by TattsBett.

(2)The extension of the term of the licence is taken to have been validly granted as if—

(a)section 29A had been in force at the time of the granting of the extension; and

(b)the extension had been granted under that section.

Schedule 1 Decisions not subject to appeal

section 93

Part 1    Decisions of Governor in Council

Section	Description of decision
51	suspending a wagering authority
51	cancelling a wagering authority
51	appointing an administrator to conduct the operations of an authority holder
54	for a wagering authority that is suspended—cancelling or reducing any remaining period of suspension

Part 2    Decisions of Minister

Section	Description of decision
21	granting or refusing to grant an application for a wagering authority
27	imposing a condition on a wagering authority
31	changing conditions of a wagering authority
48	censuring an authority holder
49	directing an authority holder to rectify a matter
52	suspending a wagering authority
68	giving, or refusing to give, an approval for the appointment of a person as a wagering manager
74	giving, or refusing to give, an approval for the entering into of a wagering management agreement
74	giving, or refusing to give, an approval for the amendment of a wagering management agreement
85	censuring a wagering manager
86	directing a wagering manager to rectify a matter
87	directing a wagering licensee to terminate a wagering management agreement
90	suspending a wagering manager’s operations
193	giving, or refusing to give, an approval for entering into an ancillary wagering agreement
197	directing the termination of a related agreement
271	directing a general operator to stop or change a management practice

Schedule 2 Dictionary

section 3

accepted representations—

(a)for part 4, division 5—see section 46; and

(b)for part 5, division 5—see section 83(2); and

(c)for part 7, division 7—see section 125; and

(d)for part 8, division 4—see section 155(2); and

(e)for part 11, division 1—see section 196(2).

agency agreement see section 140.

ancillary wagering agreement see section 190.

approved accountant means—

(a)a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the institute; or

(b)a member of CPA Australia who holds a current public practice certificate issued by CPA Australia; or

(c)a member of the Institute of Public Accountants who holds a current public practice certificate issued by the institute; or

(d)in a particular case—a member of an accounting body mentioned in paragraph (a), (b) or (c) who—

(i)does not hold the current certificate mentioned in the paragraph; and

(ii)is approved as an accountant for the case by the chief executive.

approved contingency ...

approved control system ...

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

approved event ...

approved form see section 311.

approved place see section 178.

approved place of operation, for a general operator, means the place where the operator may, under section 205, carry on the operator’s operations.

approved wagering means authorised wagering conducted by an authority operator under a wagering authority.

approved wagering equipment means regulated wagering equipment approved under section 208.

authorised wagering means—

(a)for an oncourse wagering permit or permit holder—oncourse wagering conducted by means of a totalisator; or

(b)for a wagering licence or licence operator—wagering conducted either by means of a totalisator or on a fixed odds basis.

authorised wagering operator means—

(a)an authority holder; or

(b)a wagering agent.

authority holder means—

(a)a wagering licensee; or

(b)a permit holder.

authority operator means—

(a)a licence operator; or

(b)a permit holder.

business associate, of an applicant for an oncourse wagering permit or wagering licence, means a person whom the Minister reasonably believes—

(a)is associated with the ownership or management of the applicant’s operations; or

(b)will, if a wagering authority is issued to the applicant, be associated with the ownership or management of the authority holder’s operations.

business associate, of a permit holder, wagering licensee or wagering manager, means a person whom the Minister reasonably believes is associated with the ownership or management of the operations of the permit holder, licensee or manager.

business associate, of a proposed wagering manager, means a person whom the Minister reasonably believes—

(a)is associated with the ownership or management of the operations of the proposed wagering manager; or

(b)will, if the proposed wagering manager is appointed as a wagering manager, be associated with the ownership or management of the wagering manager’s operations.

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

commencement—

(a)for part 17, division 2—see section 330; and

(b)for part 17, division 3—see section 336.

condition notice see section 31.

conduct, for wagering, includes promote, organise and operate.

consent acknowledgement see section 240.

control system means a system of internal controls for the conduct of authorised wagering by an authority holder.

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.

designated operator see section 204.

designated person ...

direct winning bet does not include a refund of an investment.

document certification requirement see section 263.

document production requirement see section 263.

employ includes engage under a contract for services.

employee of a wagering licensee or wagering agent means a person employed by the licensee or agent in functions related to the conduct of wagering.

exclusion direction see section 216D(1).

exclusivity period see section 4.

executive associate, of an applicant for an oncourse wagering permit or wagering licence, 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 applicant’s operations; or

(b)will, if a wagering authority is issued to the applicant, be associated with the ownership or management of the authority holder’s operations.

executive associate, of a permit holder, wagering licensee or wagering manager, 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 permit holder, licensee or manager.

executive associate, of a proposed wagering manager, 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 operations of the proposed wagering manager; or

(b)will, if the proposed wagering manager is appointed as a wagering manager, be associated with the ownership or management of the wagering manager’s operations.

executive associate, of a wagering agent, means an executive officer of a corporation, partner or trustee, or another person stated by the chief executive, whom the chief executive reasonably believes is associated with the ownership or management of the agent’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 wagering record see section 178.

financial records requirement see section 268.

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

•Keno Act 1996

•Lotteries Act 1997.

Gaming Commission ...

general operator means—

(a)for part 11, division 3, see section 216AA; or

(b)otherwise—

(i)an authority operator; or

(ii)a wagering agent.

greyhound race ...

gross revenue ...

horse race ...

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.

interactive wagering account, of a person, for part 11, division 5, see section 228A.

interactive wagering customer, for part 11, division 5, see section 228A.

interested person—

(a)for part 4, division 5—see section 45; or

(b)for part 11, division 1—see section 195.

key employee see section 95.

key operator see section 98.

key operator’s requirement see section 99.

key person licence means a licence issued under section 108.

key person licensee means a person licensed under a key person licence.

licence operator, for a wagering licence or operations conducted under a wagering licence, means—

(a)if the wagering licensee has not entered into any wagering management agreement with the Minister’s approval—the wagering licensee; or

(b)if the wagering licensee has entered into a wagering management agreement with the Minister’s approval appointing a person as wagering manager for all the operations relating to authorised wagering conducted under the wagering licence—the wagering manager appointed under the agreement; or

(c)if the wagering licensee has entered into a wagering management agreement with the Minister’s approval appointing a person as wagering manager for some but not all the operations relating to authorised wagering conducted under the wagering licence—

(i)for the operations to which the agreement relates—the wagering manager appointed under the agreement; or

(ii)for the other operations relating to authorised wagering conducted under the wagering licence—the wagering licensee.

licensed club see the Racing Act 2002, schedule 1.

licensed employee means a person licensed as an employee under a key person licence.

licensed venue see the Racing Act 2002, schedule 1.

management committee, of an unincorporated body, means the committee or other body of persons, whatever called, that conducts the affairs of the body.

non-sporting event means any event other than—

(a)an event for which wagering is authorised to be conducted under a race wagering licence; or

(b)a sporting event; or

(c)a simulated event.

official wagering document means—

(a)a betting ticket; or

(b)a wagering licence; or

(c)an oncourse wagering permit; or

(d)a key person licence; or

(e)an inspector’s identity card.

oncourse wagering permit see section 5.

permit holder means the holder of an oncourse wagering permit.

person experiencing harm from gambling see section 216GA.

personal details requirement see section 261.

place of seizure see section 251.

post-amended Act, for part 17, division 3, see section 336.

pre-amended Act, for part 17, division 2, see section 330.

problem gambler ...

proposed action, for part 7, division 7, see section 124(2)(a).

proposed wagering manager means a person in relation to whom an application for approval to appoint the person as a wagering manager has been made but not decided.

race club ...

race meeting means a meeting for conducting thoroughbred, harness or greyhound racing.

race wagering licence see section 6.

race wagering licensee means a person who holds a race wagering licence.

racing entity ...

racing venue ...

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, or taken to be registered, as an auditor under the Corporations Act, part 9.2.

registrar ...

regulated wagering equipment means wagering equipment declared under a regulation to be regulated wagering equipment.

related agreement see section 191.

related body corporate ...

restricted licensee means a key person licensee declared under section 221 to be a restricted licensee.

restricted official means a wagering official declared under section 221 to be a restricted official.

revocation notice—

(a)for part 11, division 3, subdivision 1—see section 216C(1); and

(b)for part 11, division 3, subdivision 2—see section 216G(5).

rules mean rules made under section 198.

self-exclusion notice see section 216A(1).

self-exclusion order see section 216B(1)(a).

show cause notice—

(a)for part 4, division 5—see section 44(2); and

(b)for part 5, division 5—see section 82(2); and

(c)for part 7, division 7—see section 124(1); and

(d)for part 8, division 4—see section 154(2); and

(e)for part 11, division 1—see section 195(3).

show cause period—

(a)for part 4, division 5—see section 44(2)(e); and

(b)for part 5, division 5—see section 82(2)(d); and

(c)for part 8, division 4—see section 154(2)(d); and

(d)for part 11, division 1—see section 195(3)(d).

simulated contingency means a contingency that relates to a simulated event.

simulated event means the simulation of a race or sporting event if—

(a)the simulation is modelled by a computer; and

(b)the outcome of the simulation is solely determined by a random number generator.

special warrant see section 244.

sporting contingency means a contingency associated with a sporting event.

sporting event does not include an event that is—

(a)thoroughbred, harness or greyhound racing; or

(b)a simulated event.

sports wagering licence see section 7.

sports wagering licensee means a person who holds a sports wagering licence.

stop direction see section 259.

TAB ...

TAB subsidiary ...

TattsBet ...

TattsBet subsidiary ...

totalisator see section 8.

totalisator supplier see section 204.

totalisator supply agreement see section 204.

tribunal means QCAT.

trotting race ...

UBET means UBET QLD Limited ACN 085 691 738.

UBET subsidiary means a wholly-owned subsidiary of UBET.

UNiTAB ...

UNiTAB subsidiary ...

wagering means—

(a)betting conducted by means of a totalisator; or

(b)betting conducted on a fixed odds basis; or

(c)other betting prescribed under a regulation.

wagering agent see section 140.

wagering authority means—

(a)a wagering licence; or

(b)an oncourse wagering permit.

wagering authority fee see section 168.

wagering employee means a person employed by a wagering licensee in operations conducted under the wagering licence.

wagering 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 wagering.

wagering licence means—

(a)a race wagering licence; or

(b)a sports wagering licence.

wagering licensee means a person who holds a wagering licence.

wagering management agreement see section 71.

wagering manager means a person appointed by a wagering licensee under section 65 to manage some or all the operations relating to authorised wagering conducted under the wagering licence.

wagering official means—

(a)an inspector; or

(b)an officer of the department.

wagering record, of an authority holder, means a record (including a document) about the operations conducted by the authority holder under the wagering authority.

wagering tax ...

wholly-owned subsidiary see the Corporations Act, section 9.

winning bet includes a refund of an investment.