QueenslandInteractive
Gambling (Player Protection) Act 1998InteractiveGambling(PlayerProtection—DisqualifiedPersons)Regulation1999Current as at 14 June 2002NOTE—This is the last reprint before
expiry.See SIA s 56A(2) and SIR s 3 sch 2 pt
2
Information about this reprintThis
regulation is reprinted as at 14 June 2002. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have alsobeen made to use
aspects of format and printing style consistent with current
draftingpractice (s 35).This page is
specific to this reprint. See previous reprints for information
about earlierchanges made under the Reprints Act 1992. A
table of reprints is included in the endnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
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Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part
1 Preliminary[s 1]Interactive
Gambling (PlayerProtection—Disqualified Persons)
Regulation1999[as amended by all amendments that
commenced on or before 14 June 2002]Part 1Preliminary1Short
titleThisregulationmaybecitedastheInteractiveGambling(Player Protection—Disqualified Persons)
Regulation 1999.2CommencementPart3commencesontheduedayasdefinedundersection261A of the
Act.3DefinitionsThe dictionary
in the schedule defines particular words usedin this
regulation.Part 2Disqualified
persons4Disqualified persons—Act, sch 3(1)Thissectionprescribespersonsunderparagraph(g)ofthedefinitiondisqualified
personin schedule 3 of the Act.(2)The following persons are disqualified
persons—Current as at 14 June 2002Page
3
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part 2
Disqualified persons[s 4](a)a
person by the name of William Theodore D’Arcy who,atthecommencementoftheamendmentAct,wasamember of the
Legislative Assembly;(b)apersonbythenameofDonaldWallaceLivingstonewho, at the
commencement of the amendment Act, wasastaffmemberofamemberoftheLegislativeAssembly;(c)a person by the name of Paul John
Pisasale who, at thecommencement of the amendment Act, was
a councillorof a local government;(d)apersonwhoisthespouseorachildofapersonmentioned in paragraphs (a) to (c);(e)apersonbythenameofReginaldAustinwho,on26October 1997, was a director of
Hadacon Pty Ltd (ACN005 648 206).(2A)Also, a person is a disqualified person if
the person is mainlyemployedorotherwiseengagedforthepurposeoftheelectoral,Ministerialorparliamentaryfunctionsofaparticular
member of the Legislative Assembly.(2B)Subsection (2A) does not apply to the clerk
of the Parliament.(3)If, at any time, a person mentioned in
subsection (2) or (2A) isa person of a type mentioned in
paragraphs (a) to (f) of thedefinitiondisqualifiedpersoninschedule3oftheAct,subsection (2) does not apply to the person
at that time.(4)In this section—amendmentActmeanstheInteractiveGambling(PlayerProtection)
Amendment Act 1999.Page 4Current as at 14
June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part
3 Restrictions applying to certain disqualified persons[s
5]Part 3Restrictions
applying to certaindisqualified personsDivision 1Preliminary5Disqualified persons to whom pt 3
appliesThispartappliestoeachofthedisqualifiedpersonsmentioned in section 4(2) (thedeclared persons), whether
theperson is a disqualified person because of
the operation of thesubsectionorbecausethepersonisofatypementionedinparagraphs (a) to (f) of the
definitiondisqualifiedpersoninschedule 3 of the Act.6Application to GocorpThis
part applies to Gocorp while it is a licensed corporation.7Reference toholdinga
share(1)Areferenceinthisparttoapersonholdingashareisareferencetothepersonholdingtheshareforhimselforherself, or for someone else.(2)Also, for this part, a person is taken
to hold a share if someoneelse holds the share for the
person.8References toknowingly
acquiringa shareForthispart,apersonknowinglyacquiresashareiftheperson starts holding the share
through an act or omission ofthe
person.Examples—1A person knowingly acquires a share
if—(a)the person buys the share; or(b)someone else buys the share for the
person at the person’srequest; orCurrent as at 14
June 2002Page 5
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part 3
Restrictions applying to certain disqualified persons[s
9](c)the share is gifted to the person in
circumstances where theperson is able to decline the gift
before it is made but does notdo so.2A person does not knowingly acquire a
share if the share is gifted orbequeathed to the
person without the person’s knowledge.9What
is a beneficial interest(1)For this part, a
person is taken to have a beneficial interest inGocorp if the person—(a)holds a share in Gocorp; or(b)holdsashareinacorporationthathasabeneficialinterest in
Gocorp; or(c)is a beneficiary of a trust for which
the trust propertyincludes—(i)a
share in Gocorp; or(ii)ashareinacorporationthathasabeneficialinterest in
Gocorp.(2)For this part, a person is taken to
have a beneficial interest in ashare if the
person—(a)holds the share; or(b)holdsashareinacorporationthathasabeneficialinterest in the
share; or(c)is a beneficiary of a trust for which
the trust propertyincludes—(i)the
share; or(ii)ashareinacorporationthathasabeneficialinterest in the
share.(3)Subsections (1) and (2) do not limit
the ways a person mayhave a beneficial interest in Gocorp
or a share.10Prohibited sharesShares held by a
declared person areprohibited sharesif—Page
6Current as at 14 June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part
3 Restrictions applying to certain disqualified persons[s
11](a)the shares are Gocorp shares;
or(b)the person—(i)has
a beneficial interest in Gocorp; and(ii)would not have a beneficial interest in
Gocorp ifthe person did not hold the shares.Division 2Involvement of
declared personswith Gocorp through shareholding11Declared person not to knowingly
acquire or holdprohibited shares(1)A
declared person must not knowingly acquire—(a)shares in Gocorp; or(b)other shares that the person knows, or ought
reasonablytoknow,willbeprohibitedsharesifthepersonholdsthem.Maximum penalty—20 penalty units.(2)If a declared person becomes aware
that the person is holdingprohibited shares, the person
must—(a)disposeoftheshareswithin14daysafterbecomingaware; or(b)takeotheractiontoensurethat,within14daysafterbecomingaware,thepersonceasestoholdprohibitedshares.Maximum penalty—20 penalty units.Example for subsection (2)—A declared person has shares in ABC
Pty Ltd, which acquires shares inXYZ Ltd. The
declared person becomes aware that XYZ Ltd has sharesin
Gocorp and that, therefore, the person’s shares in ABC Pty Ltd
areprohibited shares. The person may comply
with this subsection by—(a)disposing of the
person’s shares in ABC Pty Ltd; or(b)ensuring that ABC Pty Ltd disposes of its
shares in XYZ Ltd; orCurrent as at 14 June 2002Page
7
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part 3
Restrictions applying to certain disqualified persons[s
12](c)ensuring that XYZ Ltd disposes of its
shares in Gocorp.(3)Withoutlimitingthewaysadeclaredpersonmaybecomeaware that
shares held by the person are prohibited shares, thechief executive may give the person a
written notice of thatfact.12Forfeiture of prohibited shares(1)Thissectionappliesifadeclaredpersonacquiressharesincontravention of section 11(1).(2)This section also applies if—(a)a declared person holds prohibited
shares; and(b)it is at least 15 days after the
person first became awarethat the person was holding prohibited
shares.(3)Thechiefexecutive,bywrittennoticegiventotheperson,may forfeit the
shares to the State.13Declared person not to profit on
disposal of beneficialinterest in Gocorp(1)This
section applies if—(a)a person (thefirst
person) disposes of shares; and(b)because of the disposal, a declared
person—(i)no longer has a beneficial interest in
Gocorp; or(ii)has less of a
beneficial interest in Gocorp than thedeclared person
had before the disposal; and(c)thereisanamount(thesaleprofit)bywhichtheconsideration received by the first
person in disposing ofthe shares is more than the
consideration given by thefirst person in acquiring the
shares.(2)Iftheconsiderationreceived
orgivenforthesharesbythefirst person consists wholly or partly
of something other thanmoney, a reference in subsection
(1)(c) to the consideration isa reference to
the monetary value of the consideration.Page 8Current as at 14 June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part
3 Restrictions applying to certain disqualified persons[s
14](3)On a written demand from the chief
executive, the declaredperson must pay to the chief executive
an amount equal to theproportion of the sale profit that the
chief executive considers,onreasonablegrounds,reflectsthedeclaredperson’sbeneficial interest in the shares.(4)The chief executive may recover an
amount demanded undersubsection (3) as a debt payable to
the State.Division 3Miscellaneous14Gocorp to ensure declared persons are not
business orexecutive associatesGocorp must
ensure that a declared person is not a business orexecutive associate of Gocorp.15Chief executive may require
information or document(1)The chief
executive may, by written notice given to a person,requirethepersontogivethechiefexecutive,withinthereasonabletimestatedinthenotice(butnotlessthan14days),informationoradocumentthatisnecessaryandreasonable to help the chief executive
decide—(a)whether a declared person is holding
prohibited shares;or(b)what shares, if
any, may be forfeited under section 12; or(c)whatamount,ifany,maybedemandedundersection13.(2)Apersonmustcomplywitharequirementmadeundersubsection (1)
unless the person has a reasonable excuse.Maximum
penalty—20 penalty units.(3)It is a
reasonable excuse for the person not to comply with therequirement if complying with the
requirement might tend toincriminate the person.Current as at 14 June 2002Page
9
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part 4
Restrictions applying to member declared persons[s
16]Part 4Restrictions
applying tomember declared personsDivision 1Preliminary16Disqualified persons to whom pt 4
appliesThispartappliestothefollowingdisqualifiedpersons(themember declared
persons)—(a)a member of the
Legislative Assembly;(b)aspouseorchildofamemberoftheLegislativeAssembly;(c)adisqualifiedpersonmentionedinsection4(2A),whether the person is a disqualified person
because ofthe operation of the subsection or because
the person isofatypementionedinparagraphs(a)to(f)ofthedefinition “disqualified person” in
schedule 3 of the Act.17Reference
toholdinga share(1)Areferenceinthisparttoapersonholdingashareisareferencetothepersonholdingtheshareforhimselforherself, or for someone else.(2)However, a reference in this part to a
person holding a sharedoes not include the holding of a
share by a Minister under anAct.(3)Also, for this part, a person is taken
to hold a share if someoneelse holds the share for the
person.18References toknowingly
acquiringa shareForthispart,apersonknowinglyacquiresashareiftheperson starts holding the share
through an act or omission ofthe
person.Page 10Current as at 14
June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part
4 Restrictions applying to member declared persons[s
19]Examples—1A person knowingly acquires a share
if—(a)the person buys the share; or(b)someone else buys the share for the
person at the person’srequest; or(c)the
share is gifted to the person in circumstances where theperson is able to decline the gift before it
is made but does notdo so.2A
person does not knowingly acquire a share if the share is gifted
orbequeathed to the person without the
person’s knowledge.19What is a beneficial interest(1)For this part, a person is taken to
have a beneficial interest in alicensed
corporation if the person—(a)holds a share in
the licensed corporation; or(b)holdsashareinacorporationthathasabeneficialinterest in the
licensed corporation; or(c)is a beneficiary
of a trust for which the trust propertyincludes—(i)a share in the licensed corporation;
or(ii)ashareinacorporationthathasabeneficialinterest in the
licensed corporation.(2)For this part, a
person is taken to have a beneficial interest in ashare (thefirst
share) if the person—(a)holds the first share; or(b)holdsashareinacorporationthathasabeneficialinterest in the
first share; or(c)is a beneficiary of a trust for which
the trust propertyincludes—(i)the
first share; or(ii)ashareinacorporationthathasabeneficialinterest in the
first share.Current as at 14 June 2002Page
11
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part 4
Restrictions applying to member declared persons[s
20](3)Subsections (1) and (2) do not limit
the ways a person mayhave a beneficial interest in a
licensed corporation or a share.(4)However, a person is not taken to have a
beneficial interest inalicensedcorporation,orinashare,ifthepersonwouldotherwisehavethebeneficialinterestonlybecauseoftheperson’sinterestinamanagedinvestmentschemeorsuperannuation fund.(5)In this section—managedinvestmentschemeseetheCorporationsAct,section 9.superannuation
fundmeans a regulated superannuation
fund,approved deposit fund, pooled superannuation
trust or publicsectorsuperannuationschemewithinthemeaningoftheSuperannuationIndustry(Supervision)Act1993(Cwlth),sections 10(1) and 19.20Prohibited sharesForthispart,sharesheldbyamemberdeclaredpersonareprohibited sharesif—(a)the shares are a licensed
corporation’s shares; or(b)the
person—(i)has a beneficial interest in a
licensed corporation;and(ii)wouldnothaveabeneficialinterestinthecorporation if
the person did not hold the shares.Page 12Current as at 14 June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part
4 Restrictions applying to member declared persons[s
21]Division 2Involvement of
member declaredpersons with licensed corporationsthrough prohibited shareholding21Member declared person not to
knowingly acquire orhold prohibited shares(1)A
member declared person must not knowingly acquire—(a)a licensed corporation’s shares;
or(b)other shares that the person knows, or
ought reasonablytoknow,willbeprohibitedsharesifthepersonholdsthem.Maximum penalty—20 penalty units.(2)If a member declared person becomes
aware that the person isholding prohibited shares, the person
must—(a)disposeoftheshareswithin14daysafterbecomingaware; or(b)takeotheractiontoensurethat,within14daysafterbecomingaware,thepersonceasestoholdprohibitedshares.Maximum penalty—20 penalty units.Example for subsection (2)—A member declared person has shares in
ABC Pty Ltd, which acquiresshares in XYZ Ltd. The person becomes
aware that XYZ Ltd has sharesin a licensed
corporation and that, therefore, the person’s shares in ABCPtyLtdareprohibitedshares.Thepersonmaycomplywiththissubsection by—(a)disposing of the person’s shares in ABC Pty
Ltd; or(b)ensuring that ABC Pty Ltd disposes of
its shares in XYZ Ltd; or(c)ensuringthatXYZLtddisposesofitssharesinthelicensedcorporation.(3)Withoutlimitingthewaysamemberdeclaredpersonmaybecome aware that shares held by the person
are prohibitedshares,thechiefexecutivemaygivethepersonawrittennotice of that
fact.Current as at 14 June 2002Page
13
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part 4
Restrictions applying to member declared persons[s
22]22Forfeiture of prohibited shares(1)Thissectionappliesifamemberdeclaredpersonacquiresshares in contravention of section
21(1).(2)This section also applies if—(a)a member declared person holds
prohibited shares; and(b)it is at least
15 days after the person first became awarethat the person
was holding prohibited shares.(3)Thechiefexecutive,bywrittennoticegiventotheperson,may forfeit the
shares to the State.23Member declared person not to profit
on disposal ofbeneficial interest in licensed
corporation(1)This section applies if—(a)a person (thefirst
person) disposes of shares; and(b)because of the disposal, a member
declared person—(i)nolongerhasabeneficialinterestinalicensedcorporation; or(ii)haslessofabeneficialinterestinalicensedcorporation than the member declared person
hadbefore the disposal; and(c)thereisanamount(thesaleprofit)bywhichtheconsideration received by the first
person in disposing ofthe shares is more than the
consideration given by thefirst person in acquiring the
shares.(2)Iftheconsiderationreceived
orgivenforthesharesbythefirst person consists wholly or partly
of something other thanmoney, a reference in subsection
(1)(c) to the consideration isa reference to
the monetary value of the consideration.(3)On a
written demand from the chief executive, the memberdeclaredpersonmustpaytothechiefexecutiveanamountequaltotheproportionofthesaleprofitthatthechiefexecutiveconsiders,onreasonablegrounds,reflectsthemember declared person’s beneficial interest
in the shares.Page 14Current as at 14
June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Part
4 Restrictions applying to member declared persons[s
24](4)The chief executive may recover an
amount demanded undersubsection (3) as a debt payable to
the State.Division 3Miscellaneous24Licensed corporations to ensure member
declaredpersons are not business or executive
associatesA licensed corporation must ensure that a
member declaredpersonisnotabusinessorexecutiveassociateofthecorporation.25Chief
executive may require information or document(1)The
chief executive may, by written notice given to a person,requirethepersontogivethechiefexecutive,withinthereasonabletimestatedinthenotice(butnotlessthan14days),informationoradocumentthatisnecessaryandreasonable to help the chief executive
decide—(a)whether a member declared person is
holding prohibitedshares; or(b)what
shares, if any, may be forfeited under section 22; or(c)whatamount,ifany,maybedemandedundersection23.(2)Apersonmustcomplywitharequirementmadeundersubsection (1)
unless the person has a reasonable excuse.Maximum
penalty—20 penalty units.(3)It is a
reasonable excuse for the person not to comply with therequirement if complying with the
requirement might tend toincriminate the person.Current as at 14 June 2002Page
15
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999ScheduleScheduleDictionarysection 3beneficial interestmeans—(a)for part 3—see section 9; or(b)for part 4—see section 19.declared personsee section
5.Gocorpmeans GOCORP
Limited (ACN 083 201 923).holding, for a share,
means—(a)for part 3—see section 7; or(b)for part 4—see section 17.knowingly acquire, for a share,
means—(a)for part 3—see section 8; or(b)for part 4—see section 18.member declared personsee section
16.prohibited sharesmeans—(a)for part 3—see section 10; or(b)for part 4—see section 20.Page
16Current as at 14 June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Endnotes3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B2Amendments tonone2000
SL No. 2132002 SL No. 1382002 SL No.
138Effective19 September
199918 August 200014 June
200214 June 2002Reprint
date1 October 19991 September
200021 June 200214 June
20025List of legislationInteractive Gambling (Player
Protection—Disqualified Persons) Regulation 1999 SLNo.
212made by the Governor in Council on 9
September 1999notfd gaz 10 September 1999 pp 180–3pt 3
commenced 19 September 1999 (see s 2 and 1999 No. 37)remaining provisions commenced on date of
notificationPage 18Current as at 14
June 2002
Interactive Gambling (Player
Protection—Disqualified Persons) Regulation 1999Endnotesexp 1 September
2010 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—InteractiveGambling(PlayerProtection—DisqualifiedPersons)AmendmentRegulation (No.
1) 2000 SL No. 213notfd gaz 18 August 2000 pp 1394–5commenced on date of notificationGambling Legislation Amendment Regulation
(No. 2) 2002 SL No. 138 pts 1, 5notfd gaz 14 June
2002 pp 697–700commenced on date of notification6List of annotationsDisqualified persons—Act, sch 3s
4amd 2000 SL No. 213 s 3PART
4—RESTRICTIONS APPLYING TO MEMBER DECLARED PERSONSpt
hdgins 2000 SL No. 213 s 4Division
1—Preliminarydiv hdgins 2000 SL No.
213 s 4Disqualified persons to whom pt 4
appliess 16ins 2000 SL No. 213 s 4Reference to “holding” a shares
17ins 2000 SL No. 213 s 4References to
“knowingly acquiring” a shares 18ins
2000 SL No. 213 s 4What is a beneficial interests
19ins 2000 SL No. 213 s 4amd 2002 SL No.
138 s 32Prohibited sharess 20ins
2000 SL No. 213 s 4Division 2—Involvement of member declared
persons with licensed corporationsthrough
prohibited shareholdingdiv 2 (ss 21–23)ins 2000 SL No.
213 s 4Division 3—Miscellaneousdiv 3 (ss
24–25)ins 2000 SL No. 213 s 4SCHEDULE—DICTIONARYdef“beneficial interest”sub 2000 SL No.
213 s 5def“holding”sub 2000 SL No.
213 s 5Current as at 14 June 2002Page
19
