Indicative reprint noteThis is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020. This indicative reprint has been prepared for information only—it is not an authorised reprint of the Act.The point-in-time date for this indicative reprint is the introduction date for the Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020—17 March 2020.Detailed information about indicative reprints is available on the Information page of this website.Keno Act 1996An Act to provide for the conduct of certain keno games, and for other purposesPart 1PreliminaryDivision 1Introduction1Short titleThis Act may be cited as the Keno Act 1996.1AObject(1)The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from keno gambling.(2)The balance is achieved by allowing keno gambling subject to a system of regulation and control designed to protect players and the community through—(a)ensuring the integrity and fairness of games; and(b)ensuring the probity of those involved in the conduct of keno gambling; and(c)minimising the potential for harm from keno gambling.
2Definitions—the dictionaryThe dictionary in schedule 4 defines particular words used in this Act.Division 2Interpretation3References to operations of keno licensees and appointed agents(1)In this Act, a reference to the operations of a keno licensee is a reference to the licensee’s operations as a keno licensee.(2)In this Act, a reference to the operations of an appointed agent is a reference to the agent’s operations as an appointed agent.4References to particular agency agreementsIn this Act, a reference to an agency agreement in association with a reference to a keno agent is a reference to the agency agreement providing for the keno agent’s appointment.5References to particular approved keno games(1)In this Act, a reference to an approved keno game in association with a reference to a keno licensee is a reference to an approved keno game conducted by the keno licensee.(2)In this Act, a reference to an approved keno game in association with a reference to an appointed agent is a reference to an approved keno game conducted by the principal keno licensee.6References to particular associated keno agreementsIn this Act, a reference to an associated keno agreement in association with a reference to a keno licence is a reference to the keno agreement in relation to which the keno licence is issued.7References to particular keno agents(1)In this Act, a reference to a keno agent in association with a reference to an agency agreement is a reference to the keno agent appointed under the agency agreement.(2)In this Act, a reference to a keno agent in association with a reference to a keno subagent is a reference to the keno agent by whom the keno subagent was appointed.8References to particular keno employee licencesIn this Act, a reference to a keno employee licence in association with a reference to a licensed keno employee is a reference to the keno employee licence held by the licensed keno employee.9References to particular keno licencesIn this Act, a reference to a keno licence in association with a reference to a keno licensee is a reference to the keno licence held by the keno licensee.10References to particular keno licensees(1)In this Act, a reference to a keno licensee in association with a reference to a keno licence is a reference to the keno licensee who holds the keno licence.(2)In this Act, a reference to a keno licensee in association with a reference to a keno agent is a reference to the keno licensee by whom the keno agent was appointed.(3)In this Act, a reference to a principal keno licensee in association with a reference to a keno subagent is a reference to the keno licensee who is the principal keno licensee for the keno subagent.(4)In this Act, a reference to a keno licensee in association with a reference to an agency agreement is a reference to the keno licensee by whom a keno agent is appointed under the agreement.Part 2Lawfulness of keno games11Lawful activitiesThe following activities are lawful—(a)the conduct of a keno game by a keno licensee under a keno licence in accordance with this Act and the associated keno agreement;(b)the carrying on of operations as an appointed agent in accordance with this Act and any agency agreement in relation to a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;(c)the playing of a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;(d)the use by a keno licensee of keno equipment in the conduct of a keno game by the licensee under the keno licence;(e)the use by an appointed agent of keno equipment in the conduct, or purported conduct, of a keno game by a keno licensee under a keno licence;(f)the use of keno equipment in playing a keno game conducted, or purporting to be conducted, by a keno licensee under a keno licence;(g)the doing of anything else required or authorised to be done under this Act.
12Relationship with other lawsSection 11 has effect despite any other law dealing with gaming.Part 3Keno licenseesDivision 1Issue of keno licences13Minister may issue licenceThe Minister may issue a keno licence to a person.14Issue of licence conditional on keno agreementThe Minister may issue a keno licence to a person only if—(a)a written agreement (a keno agreement) has been entered into between the Minister on behalf of the State and the person about the proposed conduct of keno games by the person under a keno licence; and(b)any terms or conditions stated in the agreement or this Act required to be complied with by the person before a keno licence is issued have been complied with.
15Conditions for entering into keno agreementBefore entering into a keno agreement, the Minister must be satisfied that—(a)the person with whom the agreement is proposed to be entered into (the proposed keno licensee) is a suitable person to hold a keno licence; and(b)each business and executive associate of the proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.
16Suitability of proposed keno licensee(1)In deciding whether a proposed keno licensee is a suitable person to hold a keno licence, the Minister may have regard to the following issues—(a)the person’s character;(b)the person’s financial position and background;(c)if the person is not an individual—whether the person has, or has arranged, a satisfactory ownership, trust or corporate structure;(d)whether the person has, or is able to obtain, appropriate resources and appropriate services;(e)whether the person has the appropriate business ability to successfully conduct keno games under a keno licence;(f)if the person has a business association with another entity—the entity’s character and financial position and background;(g)any other issues prescribed under a regulation.
(2)In subsection (1)—appropriate resources means financial resources the Minister considers are adequate to ensure the financial viability of operations conducted under a keno licence.appropriate services means the services of persons who have appropriate experience—(a)in the conduct or operation of keno games; or(b)to enable keno games to be successfully conducted or operated.
17Suitability of business and executive associatesIn deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee’s operations, the Minister may have regard to the following issues—(a)the person’s character and financial position and background;(b)if the person has a business association with another entity—the entity’s character and financial position and background;(c)any other issues prescribed under a regulation.
18Investigations about suitability of persons(1)The chief executive may make investigations about a proposed keno licensee to help the Minister to decide whether the person is a suitable person to hold a keno licence.(2)The chief executive may make investigations about a business or executive associate of a proposed keno licensee to help the Minister to decide whether the person is a suitable person to be associated with a keno licensee’s operations.19Conditions of licenceThe Minister may issue a keno licence on conditions the Minister considers necessary or desirable—(a)in the public interest; or(b)for the proper conduct of keno games by the keno licensee.
Division 2Dealings with keno licences20Transfer of licence prohibitedA keno licensee must not transfer the keno licence to another person.21Mortgage of licence prohibitedA keno licensee must not mortgage, or encumber in another way, the keno licence, or the rights or benefits under the associated keno agreement.22Amendment of licence(1)This section applies if, after the issue of a keno licence, the parties to the associated keno agreement amend the agreement in a way that affects the accuracy of a matter stated in the licence.(2)The keno licensee must return the licence to the Minister for amendment.(3)The Minister must return the amended licence to the licensee after making the appropriate amendment.23Surrender of licenceA keno licensee may surrender the keno licence only after giving written notice of the proposed surrender to the Minister—(a)at least 3 months before the surrender; or(b)if the Minister, by written notice given to the licensee approves a shorter period of notice—before the time approved by the Minister.
Division 3Suspension and cancellation of keno licences24Grounds for suspension or cancellation(1)Each of the following is a ground for suspending or cancelling a keno licence—(a)the keno licensee is not, or is no longer, a suitable person to hold a keno licence;(b)a business or executive associate of the keno licensee is not, or is no longer, a suitable person to be associated with a keno licensee’s operations;(c)the keno licensee has been convicted of an offence against this Act or a gaming Act;(d)the keno licensee has been convicted of an indictable offence;(e)the keno licensee has breached the associated keno agreement in a way that entitles the State to terminate the agreement;(f)the keno licensee has contravened a condition of the licence;(g)the keno licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act);(h)the associated keno agreement was entered into by the Minister on behalf of the State because of a materially false or misleading representation or declaration;(i)the keno licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations;(j)the keno licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;(k)the keno licensee is the subject of a winding-up, either voluntarily or under a court order, appointment of a liquidator or appointment of a receiver or receiver and manager under the Corporations Act.
(2)For forming a belief that the ground mentioned in subsection (1)(a) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a proposed keno licensee is a suitable person to hold a keno licence.(3)For forming a belief that the ground mentioned in subsection (1)(b) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether a business or executive associate of a proposed keno licensee is a suitable person to be associated with a keno licensee’s operations.25Show cause notice(1)This section applies if the Minister believes—(a)a ground exists to suspend or cancel a keno licence; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of keno games by the keno licensee may be jeopardised in a material way; or(ii)the public interest may be affected in an adverse and material way.
(2)The Minister must give the keno licensee a written notice (a show cause notice) that—(a)states the action (the proposed action) the Minister proposes taking under this division; and(b)states the grounds for the proposed action; and(c)outlines the facts and circumstances forming the basis for the grounds; and(d)if the proposed action is suspension of the licence—states the proposed suspension period; and(e)invites the licensee to show within a stated period (the show cause period) why the proposed action should not be taken.
(3)The show cause period must end not less than 21 days after the show cause notice is given to the keno licensee.26Copy of show cause notice to be given to interested persons(1)The Minister must promptly give a copy of the show cause notice to each person (an interested person) the Minister believes has an interest in the keno licence if the Minister considers—(a)the person’s interest may be affected adversely by the suspension or cancellation of the licence; and(b)it is otherwise appropriate in the circumstances to give the copy of the notice to the person.
(2)In considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following—(a)the nature of the interested person’s interest;(b)whether the keno licensee’s interest may be improperly prejudiced.
(3)An interested person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.27Consideration of representationsThe Minister must consider all written representations (the accepted representations) made during the show cause period by—(a)the keno licensee; or(b)an interested person to whom a copy of the show cause notice is given.
28Immediate suspension(1)The Minister may suspend a keno licence immediately if the Minister believes—(a)a ground exists to suspend or cancel the licence; and(b)the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure—(i)the public interest is not affected in an adverse and material way; or(ii)the integrity of the conduct of keno games by the keno licensee is not jeopardised in a material way.
(2)The suspension—(a)must be effected by written notice (a suspension notice) given to the keno licensee with a show cause notice; and(b)operates immediately the suspension notice is given; and(c)continues to operate until the show cause notice is finally dealt with.
29Censuring keno licensee(1)This section applies if the Minister—(a)believes a ground exists to suspend or cancel a keno licence; but(b)does not believe the giving of a show cause notice to the keno licensee is warranted.
(2)This section also applies if, after considering the accepted representations for a show cause notice, the Minister—(a)still believes a ground exists to suspend or cancel a keno licence; but(b)does not believe suspension or cancellation of the licence is warranted.
(3)The Minister may, by written notice given to the keno licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.30Direction to rectify(1)This section applies if, after considering the accepted representations for a show cause notice, the Minister—(a)still believes a ground exists to suspend or cancel a keno licence; but(b)considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the keno licensee an opportunity to rectify the matter.
(2)The Minister may, by written notice given to the keno licensee, direct the licensee to rectify the matter within the period stated in the notice.(3)The period stated must be reasonable, having regard to the nature of the matter to be rectified.31Notice by Minister(1)This section applies if, after considering the accepted representations for a show cause notice, the Minister still believes—(a)a ground exists to suspend or cancel a keno licence; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of keno games by the keno licensee may be jeopardised in a material way; or(ii)the public interest may be affected in an adverse and material way.
(2)This section also applies if a keno licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.(3)The Minister must give written notice of the Minister’s belief, or of the keno licensee’s failure to comply with the direction, to the Governor in Council.32Suspension, cancellation and appointment of administrator(1)If a notice is given by the Minister under section 31, the Governor in Council may—(a)if the proposed action stated in the show cause notice was to suspend the keno licence for a stated period—suspend the licence for not longer than the stated period; or(b)if the proposed action stated in the show cause notice was to cancel the keno licence—(i)suspend the licence for a period; or(ii)cancel the licence; or(iii)appoint an administrator to conduct the operations of the keno licensee under the licence.
(2)The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.(3)The decision takes effect on the later of the following—(a)the day the notice is given to the keno licensee;(b)the day of effect stated in the notice.
33Terms of appointment, and role, of administrator(1)This section applies to an administrator appointed by the Governor in Council to conduct operations under a keno licence.(2)For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.(3)The administrator—(a)has full control of, and responsibility for, the operations of the keno licensee conducted under the keno licence; and(b)subject to any directions of the Minister, must conduct the operations in accordance with this Act and the associated keno agreement as if the administrator were the keno licensee.
(4)The costs of and incidental to the conduct and administration of a keno licensee’s operations by an administrator under this section are payable by the keno licensee.(5)This section and section 32(1)(b)(iii) apply despite the Corporations Act.34Cancellation or reduction of period of suspension(1)If a keno licence is suspended, at any time the suspension is in force, the Governor in Council may, for any remaining period of suspension—(a)cancel the period; or(b)reduce the period by a stated period.
(2)The Minister must promptly give written notice of the decision of the Governor in Council to the keno licensee.Division 4Investigations about suitability of persons35Audit program(1)The Minister may approve an audit program for investigating keno licensees, or business or executive associates of keno licensees.(2)The chief executive is responsible for ensuring an investigation of a person under an approved audit program is conducted in accordance with the program.(3)A person may be investigated under an audit program only once every 2 years.36Investigations(1)The chief executive may investigate a keno licensee to help the Minister to decide whether the person is a suitable person to hold, or to continue to hold, a keno licence.(2)The chief executive may investigate a business or executive associate of a keno licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with a keno licensee’s operations.(3)However, the chief executive may investigate a keno licensee only if—(a)the Minister reasonably suspects the licensee is not, or is no longer, a suitable person to hold a keno licence; or(b)the investigation is made under an audit program for keno licensees approved by the Minister.
(4)Also, the chief executive may investigate a business or executive associate of a keno licensee only if—(a)the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with a keno licensee’s operations; or(b)the investigation is made under an audit program for business and executive associates of keno licensees approved by the Minister; or(c)the person—(i)became a business or executive associate of the licensee after the issue of the keno licence; and(ii)has not been investigated previously under an audit program mentioned in paragraph (b); or
(d)the person—(i)was a business or executive associate of the licensee when the keno licence was issued; and(ii)has not been investigated under section 18(2).
37Requirement to give information or material for investigation(1)In investigating a keno licensee, or business or executive associate of a keno licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.(3)The person must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—200 penalty units or 2 years imprisonment.(4)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.(5)The person does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.Division 5General provisions about keno licences38Form of licence(1)A keno licence must be in the approved form.(2)The approved form must provide for the inclusion of the following particulars—(a)the date of issue of the licence;(b)the name of the keno licensee;(c)the conditions of the licence;(d)other particulars prescribed under a regulation.
39Term of licence(1)A keno licence is for the term stated in the associated keno agreement.(2)Subsection (1) applies subject to this Act.40Reports about person’s criminal history(1)If the chief executive, in making an investigation about a person under section 18 or 36 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.41Justiciability of decisions about licence(1)A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a keno licence, or person with an interest or potential interest in a keno licence—(a)is final and conclusive; and(b)can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.
(2)The decisions to which subsection (1) applies include, but are not limited to—(a)a decision of the Governor in Council mentioned in schedule 1, part 1; and(b)a decision of the Minister mentioned in schedule 1, part 2.
(3)In this section—decision includes—(a)conduct engaged in to make a decision; and(b)conduct related to making a decision; and(c)failure to make a decision.
Part 4Licensed keno employeesDivision 1Licensing requirements42Exempt keno employee(1)The chief executive may declare—(a)a keno employee to be an exempt keno employee; or(b)a class of keno employees to be an exempt class of keno employees.
(2)The chief executive may make a declaration only if the chief executive is satisfied—(a)the functions of the employee, or of each employee included in the class, relating to the conduct of approved keno games, are minor; and(b)the licensing of the employee, or of each employee included in the class, is not warranted.
(3)A declaration must be made in writing.43Carrying out functions as keno employeeA person must not, as an employee of a keno licensee, carry out functions relating to the conduct of approved keno games unless—(a)the person is a licensed keno employee; or(b)in relation to the functions, the person is an exempt keno employee.
Maximum penalty—100 penalty units or 1 year’s imprisonment.44Employing keno employeesA keno licensee must not employ a person as a keno employee unless—(a)the person is a licensed keno employee; or(b)in relation to the person’s functions, the person is an exempt keno employee.
Division 2Key operators45Requirement that key operator apply for licence or end role(1)If the chief executive reasonably believes a person is a key operator for a keno licensee, the chief executive may, by written notice given to the person, require the person either to apply for a keno employee licence, or to stop being a key operator of the licensee, within 7 days after receiving the notice.(2)The person must comply with the requirement within 7 days after receiving the notice, unless the person has a reasonable excuse.Maximum penalty—100 penalty units or 1 year’s imprisonment.(3)The chief executive must give a copy of the notice to the keno licensee.(4)A requirement under this section is called a key operator’s requirement.46Requirement that key operator end role(1)If the chief executive refuses to approve an application for a keno employee licence made by a person of whom a key operator’s requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the keno licensee within the time stated in the notice.(2)The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.Maximum penalty for subsection (2)—100 penalty units or 1 year’s imprisonment.47Requirement to end key operator’s role(1)This section applies if a key operator’s requirement is made of a person and—(a)the person fails to comply with the requirement; or(b)the chief executive refuses to approve an application for a keno employee licence made by the person.
(2)The chief executive may, by written notice given to the keno licensee for whom the person is a key operator, require the licensee to end the association with the person within the time stated in the notice.(3)The keno licensee must comply with the requirement.(4)This section applies to a keno licensee despite another Act or law.(5)A keno licensee does not incur any liability because the licensee ends an association with a person under this section.Division 3Applications for, and issue of, keno employee licencesSubdivision 1General applications48Application of subdivisionThis subdivision does not apply to an application for a keno employee licence to which subdivision 2 applies.49Application for licence(1)An application for a keno employee licence must be made to the chief executive in the approved form.(2)An application must be accompanied by—(a)a letter from a keno licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence; and(b)any documents prescribed under a regulation; and(c)the application fee prescribed under a regulation.
(3)Subsection (2)(a) does not apply to an application made by a person of whom a key operator’s requirement has been made.50Consideration of application(1)The chief executive must consider an application for a keno employee licence and either grant or refuse to grant the application.(2)Despite subsection (1), the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.51Conditions for granting application(1)The chief executive may grant an application for a keno employee licence only if—(a)the applicant’s photograph and fingerprints have been taken; and(b)the chief executive is satisfied the applicant is a suitable person to hold a keno employee licence.
(2)In deciding whether the applicant is a suitable person to hold a keno employee licence, the chief executive may have regard to the following issues—(a)the applicant’s character;(b)the applicant’s financial position and background;(c)the applicant’s general suitability to carry out the functions of a keno employee or to be a key operator for a keno licensee.
52Investigation about suitability of applicantThe chief executive may make investigations about an applicant for a keno employee licence to help the chief executive to decide whether the applicant is a suitable person to hold a keno employee licence.53Decision about application(1)If the chief executive decides to grant an application for a keno employee licence, the chief executive must promptly issue the licence to the applicant.(2)If the chief executive decides to refuse to grant an application for a keno employee licence, the chief executive must—(a)promptly give the applicant an information notice about the decision; and(b)as soon as practicable—(i)give written notice of the decision to the relevant keno licensee; and(ii)destroy the applicant’s fingerprints taken for the application.
(3)In this section—relevant keno licensee means—(a)for an applicant who is a key operator for a keno licensee—the keno licensee; or(b)for another applicant—the keno licensee who intends to employ the applicant as a keno employee.
Subdivision 2Applications by licensed casino employees54Application of subdivisionThis subdivision applies to an application for a keno employee licence if—(a)the application is made by a person who is a licensed casino employee; and(b)the casino key employee licence or casino employee licence held by the licensed casino employee is not suspended.
55Application for licenceAn application for a keno employee licence must—(a)be made to the chief executive; and(b)be in the approved form; and(c)be accompanied by a letter from a keno licensee addressed to the chief executive stating the licensee intends to employ the applicant as a keno employee on the applicant being issued with a keno employee licence.
56Issue of licenceOn an application being made under this subdivision, the chief executive must promptly issue a keno employee licence to the applicant.Subdivision 3Conditions of licences57Conditions(1)The chief executive may issue a keno employee licence on conditions the chief executive considers necessary or desirable—(a)in the public interest; or(b)for the proper conduct of keno games by a keno licensee.
(2)If the chief executive decides to issue a keno employee licence on conditions, the chief executive must promptly give the applicant an information notice about the decision.Division 4Dealings with keno employee licences58Changing conditions of licence(1)The chief executive may decide to change the conditions of a keno employee licence if the chief executive considers it is necessary or desirable to make the change—(a)in the public interest; or(b)for the proper conduct of keno games by a keno licensee.
(2)If the chief executive decides to change the conditions, the chief executive must immediately give the licensed keno employee—(a)written notice of the changed conditions; and(b)an information notice about the decision.
(3)The licensed keno employee must return the licence to the chief executive within 7 days after receiving the information notice, unless the employee has a reasonable excuse.Maximum penalty—40 penalty units.(4)On receiving the licence, the chief executive must—(a)amend the licence in an appropriate way and return the amended licence to the licensed keno employee; or(b)if the chief executive does not consider it is practical to amend the licence—issue another keno employee licence, incorporating the changed conditions, to the licensed keno employee to replace the licence returned to the chief executive.
(5)The change of the conditions of a keno employee licence under this section does not depend on the licence being amended to record the change or a replacement licence being issued.(6)The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.59Replacement of licence(1)A licensed keno employee may apply to the chief executive for the replacement of a lost, stolen, destroyed or damaged keno employee licence.(2)The chief executive must consider an application and either grant or refuse to grant the application.(3)The chief executive must grant an application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.(4)If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another keno employee licence to the applicant to replace the lost, stolen, destroyed or damaged licence.(5)If the chief executive decides to refuse to grant an application, the chief executive must promptly give the applicant an information notice about the decision.60Surrender of licence(1)A licensed keno employee may surrender the keno employee licence by written notice given to the chief executive.(2)The surrender takes effect on the later of the following—(a)the day the notice is given to the chief executive;(b)the day of effect stated in the notice.
(3)If, at the time of the surrender, the chief executive believes the licensed keno employee was employed by a keno licensee, the chief executive must give written notice of the surrender to the licensee.Division 5Suspension and cancellation of keno employee licences, and other action by chief executiveSubdivision 1Suspension and cancellation61Grounds(1)Each of the following is a ground for suspending or cancelling a licensed keno employee’s keno employee licence—(a)the licensed keno employee—(i)is not a suitable person to hold a keno employee licence; or(ii)acts in a way that is inappropriate for the conduct of approved keno games; or(iii)contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or(iv)contravenes a condition of the licence;
(b)the licensed keno employee has a conviction, other than a spent conviction, for—(i)an offence against this Act or a gaming Act; or(ii)an indictable offence;
(c)the keno employee licence was issued because of a materially false or misleading representation or document.
(2)For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same issues to which the chief executive may have regard under section 51(2) in deciding whether an applicant for a keno employee licence is a suitable person to hold the licence.(3)For subsection (1)(a)(ii), a licensed keno employee acts in a way that is inappropriate for the conduct of approved keno games if the employee does, or omits to do, an act that results in—(a)the conduct of approved keno games at the keno gaming place at which the employee is employed not being conducted under the relevant keno licensee’s control system for the conduct of the games; and(b)the integrity of the conduct of approved keno games being jeopardised.
(4)In this section—spent conviction means a conviction—(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(b)that is not revived as prescribed by section 11 of that Act.
62Show cause notice(1)If the chief executive believes a ground exists to suspend or cancel a keno employee licence, the chief executive must before taking action to suspend or cancel the licence give the licensed keno employee a written notice (a show cause notice).(2)The show cause notice must state the following—(a)the action the chief executive proposes taking under this subdivision (the proposed action);(b)the grounds for the proposed action;(c)an outline of the facts and circumstances forming the basis for the grounds;(d)if the proposed action is suspension of the licence—the proposed suspension period;(e)that the licensed keno employee may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.
(3)The show cause period must end at least 21 days after the licensed keno employee is given the show cause notice.(4)Subsection (5) applies if the chief executive believes—(a)the licensed keno employee is employed by, or a key operator of, a keno licensee; and(b)the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved keno games by the keno licensee.
(5)The chief executive must immediately give a copy of the show cause notice to the keno licensee.(6)The keno licensee may make written representations about the show cause notice to the chief executive in the show cause period.63Consideration of representationsThe chief executive must consider all written representations (the accepted representations) made under section 62(2)(e) or (6).64Immediate suspension(1)The chief executive may suspend a licensed keno employee’s keno employee licence immediately if the chief executive believes—(a)a ground exists to suspend or cancel the licence; and(b)it is necessary to suspend the licence immediately—(i)in the public interest; or(ii)to ensure the integrity of the conduct of approved keno games is not jeopardised.
(2)The suspension—(a)can be effected only by the chief executive giving the licensed keno employee an information notice about the decision to suspend the licence, together with a show cause notice; and(b)operates immediately the information notice is given to the employee; and(c)continues to operate until the show cause notice is finally dealt with.
(3)If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the suspension to the keno licensee.65Suspension and cancellation of licence after show cause process(1)This section applies if—(a)there are no accepted representations for a show cause notice; or(b)after considering the accepted representations for a show cause notice, the chief executive—(i)still believes a ground exists to suspend or cancel a keno employee licence; and(ii)believes suspension or cancellation of the licence is warranted.
(2)This section also applies if a licensed keno employee contravenes a direction given to the employee under section 67A.(3)The chief executive may—(a)if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or(b)if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.
(4)If the chief executive decides to take action under subsection (3), the chief executive must immediately—(a)give an information notice about the decision to the licensed keno employee; and(b)if the chief executive believes the employee is employed by, or a key operator of, a keno licensee—give written notice of the suspension or cancellation to the licensee.
(5)The decision takes effect on the later of the following—(a)the day the information notice is given to the licensed keno employee;(b)the day of effect stated in the information notice.
(6)If the chief executive cancels the licence, the licensed keno employee must give the licence to the chief executive within 14 days after the cancellation takes effect.Maximum penalty for subsection (6)—40 penalty units.Subdivision 2Other action by chief executive66Ending show cause process without further action(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a keno employee licence.(2)The chief executive—(a)must not take any further action about the show cause notice; and(b)must give each of the following a written notice stating that no further action is to be taken—(i)the licensed keno employee;(ii)a keno licensee to whom a copy of the show cause notice was given under section 62(5).
67Censuring licensed keno employee(1)The chief executive may censure a licensed keno employee for a matter relating to a ground for suspension or cancellation if the chief executive—(a)believes a ground exists to suspend or cancel the employee’s keno employee licence but does not believe that giving a show cause notice to the employee is warranted; or(b)after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the employee’s keno employee licence but does not believe suspension or cancellation of the licence is warranted.
(2)The censure can be effected only by the chief executive giving the licensed keno employee an information notice about the decision to censure the employee.(3)If the chief executive believes the licensed keno employee is employed by, or a key operator of, a keno licensee, the chief executive must immediately give written notice of the censure to the keno licensee.67ADirection to rectify matter after show cause process(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive—(a)still believes a ground exists to suspend or cancel a keno employee licence; and(b)believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the licensed keno employee an opportunity to rectify the matter.
(2)The chief executive may direct the licensed keno employee to rectify the matter.(3)If the chief executive decides to give a licensed keno employee a direction under this section, the direction can be effected only by the chief executive giving the employee an information notice about the decision.(4)The information notice must state the period for rectifying the matter.(5)The period must be reasonable, having regard to the nature of the matter to be rectified.(6)If the chief executive gave a copy of the show cause notice to a keno licensee under section 62(5), the chief executive must give written notice of the direction to the keno licensee immediately after giving the information notice to the licensed keno employee.67BCancellation or reduction of period of suspension(1)If the chief executive suspends a keno employee licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—(a)cancel the period; or(b)reduce the period by a stated period.
(2)The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.(3)The chief executive must immediately give written notice of the decision to—(a)the licensed keno employee; and(b)if the chief executive believed the licensed keno employee was employed by, or a key operator of, a keno licensee when the licence was suspended—the keno licensee.
(4)Subsection (1) does not apply to an immediate suspension.Division 6Investigation of licensed keno employees68Audit program(1)The chief executive may approve an audit program for investigating licensed keno employees.(2)The chief executive is responsible for ensuring an investigation of a licensed keno employee under an approved audit program is conducted in accordance with the program.(3)A licensed keno employee may be investigated under an audit program only once every 2 years.69Investigations about suitability of licensed keno employees(1)The chief executive may investigate a licensed keno employee to help the chief executive to decide whether the employee is a suitable person to hold, or to continue to hold, a keno employee licence.(2)However, the chief executive may investigate a licensed keno employee only if—(a)the chief executive reasonably suspects the employee is not, or is no longer, a suitable person to hold a keno employee licence; or(b)the investigation is made under an audit program for licensed keno employees approved by the chief executive.
70Requirement to give information or material for investigation(1)In investigating a licensed keno employee, the chief executive may, by written notice given to the employee, require the employee to give the chief executive information or material the chief executive considers is relevant to the investigation.(2)When making the requirement, the chief executive must warn the employee it is an offence to fail to comply with the requirement, unless the employee has a reasonable excuse.(3)The employee must comply with the requirement, unless the employee has a reasonable excuse.Maximum penalty—200 penalty units or 2 years imprisonment.(4)It is a reasonable excuse for the employee not to comply with the requirement if complying with the requirement might tend to incriminate the employee.(5)The employee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.Division 7General provisions about keno employee licences71Requirement for additional information or documents to support applications(1)The chief executive may, by written notice given to an applicant under this part, require the applicant to give the chief executive further information or another document about the application.(2)The requirement must relate to information or a document the giving of which is necessary and reasonable to help the chief executive decide the application.(3)The chief executive may refuse to grant the application if the applicant fails to comply with the requirement without a reasonable excuse.72Form of licence(1)A keno employee licence must be in the approved form.(2)The approved form must provide for the inclusion of the following particulars—(a)the employee’s name;(b)a recent photograph of the employee;(c)the date of issue of the licence;(d)the conditions of the licence;(e)other particulars prescribed under a regulation.
73Term of licenceA keno employee licence remains in force unless it lapses or is cancelled or surrendered.74Lapsing of licence(1)A keno employee licence held by a keno employee lapses—(a)1 year after the licensed keno employee last ceased to be employed as a keno employee by a keno licensee; or(b)if the licensed keno employee is not employed as a keno employee by a keno licensee for 1 year after being issued with the licence—at the end of the year.
(2)A keno employee licence held by a key operator lapses 1 year after the key operator last ceased to be a key operator for a keno licensee.74ADestruction of fingerprints of former licence holders(1)This section applies if—(a)a person ceases to be a licensed keno employee; and(b)the keno employee licence was issued under section 53.
(2)As soon as practicable after the person ceases to be a licensed keno employee, the chief executive must cause the fingerprints of the person taken under section 51(1) for the person’s application for the keno employee licence to be destroyed.75Reports about person’s criminal history(1)If the chief executive, in making an investigation about a person under section 52 or 69 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.Division 8Requirements about employment of keno employees76Notice of start of keno employee’s employmentWithin 7 days after a licensed or exempt keno employee starts employment with a keno licensee, the licensee must notify the chief executive of the start of the employment by notice in the approved form.Maximum penalty—40 penalty units.78Notice of end of keno employee’s employment(1)This section applies if—(a)a keno licensee ends the employment of a licensed or exempt keno employee; or(b)a licensed or exempt keno employee ends the employee’s employment with a keno licensee; or(c)a licensed or exempt keno employee otherwise ceases to be employed by a keno licensee.
(2)Within 7 days after the licensed or exempt keno employee stops being employed by the keno licensee, the licensee must notify the chief executive of the end of the employment by notice in the approved form.Maximum penalty—40 penalty units.79Requirement to end licensed keno employee’s employment(1)This section applies if—(a)a keno employee licence held by a keno employee employed by a keno licensee is cancelled or suspended; or(b)a keno employee employed by a keno licensee ceases to hold a keno employee licence for another reason.
(2)The chief executive may, by written notice given to the keno licensee, require the licensee to end the keno employee’s employment as a keno employee within the time stated in the notice.(3)The keno licensee must comply with the requirement.(4)This section applies to a keno licensee despite another Act or law or any industrial award or agreement.(5)A keno licensee does not incur any liability because the licensee ends the employment of a person under this section.Division 9Requirements about association with key operators80Notice of end of key operator’s role(1)This section applies if a person holds a keno employee licence as a key operator and the person stops being a key operator for a keno licensee.(2)Within 7 days after the person stops being a key operator for the keno licensee, the licensee must notify the chief executive of that fact by notice in the approved form.Maximum penalty—40 penalty units.81Requirement to end key operator’s role(1)This section applies if—(a)a keno employee licence held by a person as a key operator of a keno licensee is cancelled or suspended; or(b)a key operator of a keno licensee ceases to hold a keno employee licence for another reason.
(2)The chief executive may, by written notice given to the keno licensee, require the licensee to end the association with the person within the time stated in the notice.(3)The keno licensee must comply with the requirement.(4)This section applies to a keno licensee despite another Act or law.(5)A keno licensee does not incur any liability because the licensee ends an association with a person under this section.Division 10General offences82False statements by applicantsA person must not state anything in an application made under this part the person knows is false or misleading in a material particular.Maximum penalty—40 penalty units.83Display of identificationA licensed keno employee carrying out functions relating to the conduct of approved keno games must—(a)if asked by another person—produce an approved form of identification for the other person’s inspection; or(b)have an approved form of identification displayed so it is clearly visible to other persons.
Maximum penalty—40 penalty units.Part 5Keno agents and subagentsDivision 1Agency agreements84Entering into agency agreementsA keno licensee may enter into an agreement (an agency agreement) with a person providing for the following—(a)the appointment of the person as an agent of the licensee for the conduct of keno games by the licensee under the keno licence;(b)the person’s authority as an agent;(c)the conditions under which the person acts as, and remains, an agent of the licensee;(d)other matters agreed between the licensee and person.
85Conditions for entering into agency agreement(1)A keno licensee may enter into an agency agreement only with a person prescribed under a regulation as a person eligible to be a keno agent.(2)A keno licensee may enter into an agency agreement only if the agreement—(a)is in a form approved by the chief executive; and(b)includes a provision stating the appointed person may not start operating as a keno agent until the qualifying period for the agreement ends; and(c)states the agent’s place of operation; and(d)includes any other provisions required by the chief executive.
86Notice of agency agreementWithin 7 days after entering into an agency agreement, the keno licensee must inform the chief executive of the keno agent’s name and place of operation.87Condition for amending agency agreementA keno licensee may agree to amend an agency agreement only with the written approval of the chief executive.88Notice delaying start of keno agent’s operations(1)The chief executive may, by written notice (a qualification notice) given to a keno agent, extend the basic qualifying period for the agency agreement until a day (the final qualification day) stated in the notice.(2)The chief executive may give the notice only if the chief executive reasonably believes—(a)the keno agent is not a suitable person to be a keno agent; or(b)a business or executive associate of the keno agent is not a suitable person to be associated with a keno agent’s operations.
(3)The notice must be given before the basic qualifying period for the agreement ends.(4)The final qualification day must be a day within 28 days after the end of the basic qualifying period.(5)At any time before the final qualification day, the chief executive may withdraw the qualification notice by written notice given to the keno agent.(6)The chief executive must give a copy of the qualification notice and a notice under subsection (5) to the keno licensee with whom the agency agreement is entered into.89Start of keno agent’s operationsA keno agent must not start operating as a keno agent until the qualifying period for the agency agreement ends.91Notice of change of keno agent’s place of operation(1)This section applies if a keno agent changes, or proposes to change, the agent’s place of operation and the keno licensee becomes aware of the change or proposed change.(2)Within 7 days after the keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno agent’s new, or proposed new, place of operation.Division 2Appointment of subagents92Appointment(1)A keno agent may appoint a person (a keno subagent) as an agent of the keno agent for the conduct of keno games by the keno licensee for whom the keno agent acts.(2)However, a keno agent may appoint a keno subagent only if the keno agent is authorised under the agency agreement to make the appointment.93Notice of keno subagent’s appointmentWithin 7 days after a keno licensee becomes aware of the appointment of a keno subagent by a keno agent of the licensee, and of the subagent’s name and place of operation, the licensee must inform the chief executive of the subagent’s name and place of operation.95Notice of change of keno subagent’s place of operation(1)This section applies if a keno subagent changes, or proposes to change, the subagent’s place of operation and the principal keno licensee becomes aware of the change or proposed change.(2)Within 7 days after the principal keno licensee becomes aware of the change or proposed change, the licensee must inform the chief executive of the keno subagent’s new, or proposed new, place of operation.Division 3Terminating agency agreements and appointment of keno subagents96Grounds for termination(1)Each of the following is a ground for directing the termination of an agency agreement or the appointment of a keno subagent—(a)the appointed agent is not, or is no longer, a suitable person to be an appointed agent;(b)a business or executive associate of the appointed agent is not, or is no longer, a suitable person to be associated with an appointed agent’s operations;(c)the appointed agent has been convicted of an offence against this Act or a gaming Act;(d)the appointed agent has been convicted of an indictable offence;(e)the appointed agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).
(2)Also, it is a ground for directing the termination of an agency agreement if the keno agent is not, or is no longer, a person who is eligible to be a keno agent.(3)For forming a belief that the ground mentioned in subsection (1)(a) exists, the chief executive may have regard to the following issues—(a)the appointed agent’s character;(b)the appointed agent’s financial position and background;(c)the appointed agent’s general suitability to act as an appointed agent.
(4)For forming a belief that the ground mentioned in subsection (1)(b) exists, the chief executive may have regard to the business or executive associate’s character and financial position and background.97Show cause notice(1)This section applies if the chief executive believes—(a)a ground exists for directing the termination of an agency agreement or the appointment of a keno subagent; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of keno games by the principal keno licensee may be jeopardised; or(ii)the public interest may be affected adversely.
(2)The chief executive must give the appointed agent a written notice (a show cause notice) that—(a)states that the chief executive proposes to take action (the proposed action)—(i)if the appointed agent is a keno agent—to direct the keno licensee to terminate the agency agreement; or(ii)if the appointed agent is a keno subagent—to direct the keno agent to terminate the subagent’s appointment; and
(b)states the grounds for the proposed action; and(c)outlines the facts and circumstances forming the basis for the grounds; and(d)invites the appointed agent to show within a stated period (the show cause period) why the proposed action should not be taken.
(3)The show cause period must end not less than 21 days after the show cause notice is given to the appointed agent.(4)The chief executive must promptly give a copy of the show cause notice to—(a)the appointed agent’s principal; and(b)if the appointed agent is a keno subagent—the principal keno licensee.
(5)A keno licensee or agent to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period.(6)The chief executive must consider all written representations (the accepted representations) made during the show cause period by—(a)the appointed agent; or(b)a keno licensee or agent to whom a copy of the show cause notice is given.
98Suspending appointed agent’s operations(1)This section applies if the chief executive believes—(a)a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and(b)it is necessary to suspend the appointed agent’s operations—(i)in the public interest; or(ii)to ensure the integrity of the conduct of keno games by the principal keno licensee is not jeopardised.
(2)The chief executive may suspend the appointed agent’s operations.(3)The suspension—(a)must be effected by written notice (a suspension notice) given to the appointed agent with a show cause notice; and(b)operates immediately the suspension notice is given; and(c)continues to operate until the show cause notice is finally dealt with.
(4)The suspension notice must state the reason for the decision to suspend the appointed agent’s operations.(5)The chief executive must promptly give a copy of the suspension notice to—(a)the appointed agent’s principal; and(b)if the appointed agent is a keno subagent—the principal keno licensee.
(6)A keno agent must not carry on operations as a keno agent while the agent’s operations are suspended.Maximum penalty—200 penalty units or 2 years imprisonment.(7)A keno subagent must not carry on operations as a keno subagent while the subagent’s operations are suspended.Maximum penalty for subsection (7)—200 penalty units or 2 years imprisonment.99Censuring appointed agent(1)This section applies if the chief executive—(a)believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but(b)does not believe the giving of a show cause notice to the appointed agent is warranted.
(2)This section also applies if, after considering the accepted representations for a show cause notice, the chief executive—(a)still believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but(b)does not believe termination of the agreement or appointment is warranted.
(3)The chief executive may, by written notice given to the appointed agent, censure the agent for a matter relating to the ground for directing the termination of the agreement or appointment.(4)The notice must state the reason for the decision to censure the appointed agent.(5)The chief executive must promptly give a copy of the notice to—(a)the appointed agent’s principal; and(b)if the appointed agent is a keno subagent—the principal keno licensee.
100Direction to rectify(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive—(a)still believes a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; but(b)considers a matter relating to the ground is capable of being rectified and that it is appropriate to give the appointed agent an opportunity to rectify the matter.
(2)The chief executive may, by written notice given to the appointed agent, direct the agent to rectify the matter within the period stated in the notice.(3)The notice must state the reason for the decision to give the direction.(4)The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.(5)The chief executive must promptly give a copy of the notice to—(a)the appointed agent’s principal; and(b)if the appointed agent is a keno subagent—the principal keno licensee.
101Directions to terminate affecting appointed agents(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive still believes—(a)a ground exists to direct the termination of an agency agreement or the appointment of a keno subagent; and(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and(c)either—(i)the integrity of the conduct of keno games by the principal keno licensee may be jeopardised; or(ii)the public interest may be affected adversely.
(2)This section also applies if an appointed agent fails to comply with a direction to rectify a matter within the period stated in the relevant notice.(3)If the ground mentioned in subsection (1)(a), or direction to rectify, relates to an agency agreement, the chief executive must, by written notice given to the keno licensee, direct the licensee to terminate the agreement within the time stated in the notice.(4)If the ground mentioned in subsection (1)(a), or direction to rectify, relates to a keno subagent’s appointment, the chief executive must, by written notice given to the subagent’s principal, direct the principal to terminate the subagent’s appointment within the time stated in the notice.(5)If the chief executive decides to give a direction under this section, the chief executive must promptly give written notice of the decision to—(a)the appointed agent affected by the decision; and(b)if the appointed agent is a keno subagent—the principal keno licensee.
(6)A notice under subsection (3), (4) or (5) must comply with the QCAT Act, section 157(2).102Termination of agreement(1)If the chief executive directs a keno licensee to terminate an agency agreement, the licensee must—(a)terminate the agreement within the time stated in the notice giving the direction; and(b)notify the chief executive of the termination in the approved form within 7 days after terminating the agreement.
(2)If the keno licensee does not terminate the agency agreement as required by subsection (1), the agreement is terminated by this Act.(3)The State does not incur any liability if an agency agreement is terminated by a keno licensee under subsection (1) or by this Act.(4)A keno licensee does not incur any liability because the licensee terminates an agency agreement under subsection (1).103Termination of appointment(1)If the chief executive directs a keno agent to terminate a keno subagent’s appointment, the agent must—(a)terminate the appointment within the time stated in the notice giving the direction; and(b)notify the chief executive of the termination in the approved form within 7 days after terminating the appointment.
(2)If the keno agent does not terminate the appointment as required by subsection (1), the appointment is terminated by this Act.(3)The State does not incur any liability if a keno subagent’s appointment is terminated by a keno agent under subsection (1) or by this Act.(4)A keno agent does not incur any liability because the agent terminates a keno subagent’s appointment under subsection (1).104Notice of termination of agreement(1)This section applies if an agency agreement is terminated otherwise than because of a direction to terminate the agreement given to the keno licensee by the chief executive.(2)The keno licensee must notify the chief executive in writing of the termination within 7 days after the agreement is terminated.Maximum penalty—40 penalty units.105Notice of termination of appointment(1)This section applies if a keno subagent’s appointment is terminated otherwise than because of a direction to terminate the appointment given to the keno agent by the chief executive.(2)The keno agent must notify the chief executive in writing of the termination within 7 days after the appointment is terminated.Maximum penalty—40 penalty units.Division 4Investigations about suitability of persons106Investigations(1)The chief executive may investigate an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be an appointed agent.(2)The chief executive may investigate a business or executive associate of an appointed agent to help the chief executive to decide whether the person is, or continues to be, a suitable person to be associated with an appointed agent’s operations.(3)However, the chief executive may investigate an appointed agent, or business or executive associate of an appointed agent, only if the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be an appointed agent, or to be associated with an appointed agent’s operations, as the case requires.107Requirement to give information or material for investigation(1)In investigating an appointed agent or business or executive associate of an appointed agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or material the chief executive considers is relevant to the investigation.(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.(3)The person must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—200 penalty units or 2 years imprisonment.(4)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.(5)The person does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.108Reports about person’s criminal history(1)If the chief executive, in making an investigation about a person, asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.Part 6Keno tax and licence fee109Requirement to pay keno tax(1)A keno licensee must pay to the chief executive a tax (a keno tax) for each month for the keno licence.(2)The keno tax must be paid on or before the seventh day of the month immediately following the month for which the keno tax is payable.110Calculating keno tax(1)The amount of keno tax to be paid is a percentage of the keno licensee’s gross revenue for the month for which the keno tax is payable (the gross tax amount), less the GST deduction for the month.(2)The percentage for subsection (1) is the percentage that applies under the associated keno agreement for the relevant keno licence.(3)In this section—GST deduction, for a month, means the lesser of the following amounts—(a)the global GST amount for the month;(b)the gross tax amount for the month.
111Monthly gross revenue return(1)A keno licensee must give the chief executive a return (a monthly gross revenue return) as required by this section each month stating details of the licensee’s gross revenue, and global GST amount, for the previous month.Maximum penalty—40 penalty units.(2)The return must—(a)be in the approved form; and(b)be given not later than the day prescribed under a regulation.
112Keno licence fee(1)A keno licensee must pay to the chief executive a fee (a keno licence fee) for the keno licence for each period (a licence payment period) stated in the associated keno agreement.(2)The keno licence fee for each licence payment period—(a)is the amount stated in, or decided under, the associated keno agreement; and(b)must be paid at the time stated in the agreement.
114Penalty for late payment(1)A keno licensee must pay to the chief executive a penalty for an amount (the unpaid amount) of keno tax or keno licence fee remaining unpaid after the day the amount becomes payable.(2)The penalty is the percentage prescribed under a regulation of the unpaid amount, calculated immediately the amount becomes payable but is not received by the chief executive.(3)An additional penalty is payable by the keno licensee to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid—(a)at the end of 1 month starting on the day the unpaid amount first became payable; and(b)at the end of each succeeding month starting—(i)on the day of the month corresponding to the day mentioned in paragraph (a); or(ii)if there is no corresponding day—on the first day of the following month.
(4)The additional penalty is the percentage prescribed under a regulation of each amount for which the penalty is payable.(5)A penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.115Recovery of amountsAn amount of keno tax or keno licence fee, or penalty for a keno tax or keno licence fee, payable to the chief executive under this part and remaining unpaid is a debt payable to the Crown and may be recovered by action in a court of competent jurisdiction.116Revenue offences(1)A keno licensee must not—(a)evade the payment of an amount payable by the licensee for a keno tax or keno licence fee; or(b)give the chief executive a monthly gross revenue return containing information the licensee knows is false, misleading or incomplete in a material particular.
Maximum penalty—200 penalty units or 2 years imprisonment.Note—If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 226, to have also committed the offence.(2)Subsection (1)(b) does not apply to a keno licensee if the licensee, when giving the monthly gross revenue return—(a)informs the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and(b)if the licensee has, or can reasonably obtain, the correct information—gives the correct information.
(3)It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.Part 7Compliance requirementsDivision 1Control system for conducting keno games117Keno games to be conducted under control system(1)A keno licensee must not conduct a keno game under the keno licence unless the licensee has a control system complying with section 118 for conducting the keno game.Maximum penalty—200 penalty units.(2)The keno licensee must not contravene its control system in the conduct of a keno game.Maximum penalty—200 penalty units.(3)A keno licensee must, on request by an inspector, make its control system available for inspection by the inspector.Maximum penalty—200 penalty units.118Content of control system(1)A keno licensee’s control system for a keno game must—(a)be in writing; and(b)include details about each matter for the keno game stated in subsection (2), to the extent the matter relates to the internal controls to be put in place by the licensee for the following purposes—(i)ensuring amounts payable by the licensee to the State for the keno game are worked out and paid under this Act;(ii)protecting the integrity of the conduct of the keno game by the licensee.
(2)For subsection (1)(b), the matters are—(a)accounting systems and procedures; and(b)administrative systems and procedures; and(c)procedures for recording entries, and paying amounts won, in the keno game;(d)computer software; and(e)systems and procedures for the maintenance, security, storage and transportation of equipment; and(f)systems and procedures for using and maintaining security facilities; and(g)the general procedures to be followed for the conduct of the keno game.
119Chief executive may give direction about content of control system(1)This section applies if the chief executive considers a keno licensee’s control system for a keno game is insufficient for—(a)ensuring amounts payable to the State under this Act for the keno game are properly worked out and paid; or(b)protecting the integrity of the conduct of the keno game by the licensee.
(2)The chief executive may, by written notice to the licensee, direct the licensee to include in its control system additional details about 1 or more matters mentioned in section 118(2) within the reasonable period, and in the way, stated in the notice.(3)If the licensee does not comply with the direction, at the end of the period stated in the notice the licensee’s control system is taken to have been changed in the way stated in the notice.Division 2Keno records122Notices about keeping keno records(1)The chief executive may, by written notice given to a keno licensee—(a)approve a place (the approved place) nominated by the licensee as the place where the licensee is required to keep the licensee’s keno records; or(b)specify a keno record of the licensee (an exempt keno record) that is not required to be kept at the approved place; or(c)specify a keno record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or circumstances in which, the record may be kept at the other place; or(d)approve the keeping of information contained in a keno record of the licensee in a way different from the way the information was kept when the record was being used by the licensee; or(e)approve the destruction of a keno record of the licensee the chief executive considers need not be kept.
(2)A keno record mentioned in subsection (1)(c) is also an exempt keno record—(a)for the period stated in the notice; or(b)while the circumstances stated in the notice exist.
(3)The chief executive may specify a keno record for subsection (1)(b) only if the chief executive considers there is sufficient reason for the keno record to be kept at a place other than the approved place.(4)The exercise of the chief executive’s power under subsection (1)(d) or (e) is subject to any other law about the retention or destruction of the keno record.123Keno records to be kept at certain place(1)A keno licensee must keep the licensee’s keno records at—(a)the licensee’s principal place of business in the State or, if the licensee is a corporation and has its registered office in the State, at its registered office; or(b)an approved place for the records.
Maximum penalty—40 penalty units.(2)Subsection (1) does not apply to an exempt keno record of the licensee.124Keno records to be kept for required period(1)A keno licensee must keep a keno record of the licensee for 5 years after the end of the transaction to which the record relates.Maximum penalty—40 penalty units.(2)Subsection (1) does not apply to a keno record of the licensee if the information previously contained in the record is kept in another way in accordance with an approval of the chief executive.(3)Also, subsection (1) does not apply to a keno record of the licensee that has been destroyed in accordance with an approval of the chief executive.(4)Subsection (1) has effect subject to any other law about the retention or destruction of the keno record.Division 3Financial accounts, statements and reports125Keeping of accountsA keno licensee must—(a)keep accounting records that correctly record and explain the transactions and financial position for the licensee’s operations conducted under the keno licence; and(b)keep the accounting records in a way that allows—(i)true and fair financial statements and accounts to be prepared from time to time; and(ii)the financial statements and accounts to be conveniently and properly audited.
Maximum penalty—40 penalty units.126Preparation of financial statements and accounts(1)A keno licensee must prepare financial statements and accounts as required by this section giving a true and fair view of the licensee’s financial operations conducted under the keno licence.Maximum penalty—40 penalty units.(2)The financial statements and accounts must include the following—(a)trading accounts, if applicable, for each financial year;(b)profit and loss accounts for each financial year;(c)a balance sheet as at the end of each financial year.
127Submission of reports(1)A keno licensee must give reports to the chief executive as required by this section about the licensee’s operations conducted under the keno licence.Maximum penalty—40 penalty units.(2)The reports must be given at the times stated in a written notice given to the keno licensee by the chief executive.(3)A report must be in the approved form.(4)The chief executive may, by written notice given to a keno licensee, require the licensee to give the chief executive further information about a report within the time stated in the notice to help the chief executive acquire a proper appreciation of the licensee’s operations.(5)A keno licensee must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensee has a reasonable excuse.Maximum penalty—40 penalty units.(6)A keno licensee must not give the chief executive a report containing information, or further information about a report, the licensee knows is false, misleading or incomplete in a material particular.Maximum penalty—40 penalty units.(7)Subsection (6) does not apply to a keno licensee if the licensee, when giving the report or further information—(a)informs the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and(b)if the licensee has, or can reasonably obtain, the correct information—gives the correct information.
(8)It is enough for a complaint against a person for an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the person’s knowledge.Division 4Financial institution accounts128Keeping of accountsA keno licensee must keep a financial institution account, or financial institution accounts, approved by the chief executive for use for all banking or similar transactions for the licensee’s operations conducted under the keno licence.Maximum penalty—40 penalty units.129Use of accountsA keno licensee must not use a financial institution account approved by the chief executive other than for a purpose for which it is approved.Maximum penalty—40 penalty units.Division 5Audit130Audit of keno licensee’s operationsAs soon as practicable after the end of a financial year, a keno licensee must, at the licensee’s own expense, cause the licensee’s books, accounts and financial statements for the licensee’s operations conducted under the keno licence for the financial year to be audited by a registered company auditor approved by the chief executive.Maximum penalty—40 penalty units.131Completion of audit(1)The auditor must—(a)complete the audit within 3 months after the end of the financial year; and(b)immediately after completion of the audit, give a copy of the audit report to the chief executive and keno licensee.
Maximum penalty—40 penalty units.(2)Subsection (1)(a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph.132Further information following audit(1)On receiving a copy of the audit report, the chief executive may, by written notice given to the keno licensee, require the licensee to give the chief executive, within a reasonable time stated in the notice, further information about a matter relating to the licensee’s operations mentioned in the audit report.(2)A keno licensee must comply with a requirement under subsection (1) within the time stated in the notice, unless the licensee has a reasonable excuse.Maximum penalty for subsection (2)—40 penalty units.Part 8Conduct of approved keno gamesDivision 1Agreements relating to keno licensee’s operations133Approval of ancillary keno agreements(1)A keno licensee may apply to the Minister for approval to enter into an ancillary keno agreement.(2)The Minister may give the approval if the Minister considers it is appropriate or desirable in all the circumstances for the licensee to enter into the agreement.(3)An approval must be in writing.134Entering into ancillary keno agreementsA keno licensee must not enter into, or be a party to, an ancillary keno agreement without the written approval of the Minister.Maximum penalty—40 penalty units.135Review of related agreements(1)The Minister may, by written notice given to a keno licensee, require the licensee to give to the Minister, within the time stated in the notice—(a)the information stated in the notice about a related agreement to which the licensee is a party; and(b)if the agreement is in writing—a copy of the agreement.
(2)Without limiting subsection (1), the information the Minister may require to be given about the agreement includes the following—(a)the names of the parties;(b)a description of any property, goods or other things, or any services, supplied or to be supplied;(c)the value or nature of the consideration;(d)the term of the agreement.
(3)The keno licensee must comply with the requirement within the time stated in the notice, unless the licensee has a reasonable excuse.136Show cause notice for related agreement(1)This section applies if, after considering the information given to the Minister about a related agreement and, if appropriate, the contents of the agreement, the Minister believes the continuance of the agreement—(a)may jeopardise the integrity of the conduct of keno games by the keno licensee who is a party to the agreement; or(b)may affect the public interest adversely.
(2)The Minister must give the keno licensee who is a party to the agreement a written notice (a show cause notice) that—(a)states the Minister proposes to take action to direct the termination of the agreement (the proposed action); and(b)states the grounds for the proposed action; and(c)outlines the facts and circumstances forming the basis for the grounds; and(d)invites the licensee to show within a stated period (the show cause period) why the proposed action should not be taken.
(3)The show cause period must end not less than 21 days after the show cause notice is given to the keno licensee.(4)The Minister must promptly give a copy of the show cause notice to each other person (an interested person) who is a party to the agreement.(5)An interested person may make representations about the notice to the Minister in the show cause period.(6)The Minister must consider all written representations (the accepted representations) made during the show cause period by the keno licensee or an interested person.137Direction to terminate related agreement(1)The Minister may direct the termination of a related agreement if, after considering the accepted representations for a show cause notice, the Minister still believes the continuance of the agreement—(a)may jeopardise the integrity of the conduct of keno games by the keno licensee who is a party to the agreement; or(b)may affect the public interest adversely.
(2)The direction must be given by written notice to each of the parties to the agreement.(3)The notice must state—(a)the reason for the decision to direct the termination of the related agreement; and(b)the time within which the agreement is required to be terminated.
(4)If the agreement is not terminated within the time stated in the notice, it is terminated at the end of the time by this Act.(5)The termination of the agreement under the direction or by this Act does not affect any rights or liabilities acquired or incurred by a party to the agreement before the termination.(6)The State does not incur any liability if the agreement is terminated under the direction or by this Act.(7)A party to the agreement does not incur any liability for breach of the agreement because the agreement is terminated under the direction.137AKeno pooling agreements(1)A keno licensee may enter into an agreement (a keno pooling agreement) with an interstate entity to provide for—(a)the keno licensee and the interstate entity to retain a percentage of amounts received (the pooling contributions) by the keno licensee and the interstate entity from the conduct of jackpot keno games; and(b)how pooling contributions are applied to form part of a prize for a jackpot keno game; and(c)the transfer of pooling contributions between the keno licensee and the interstate entity; and(d)the coordination of the conduct of jackpot keno games by the keno licensee and the interstate entity; and(e)any other matter the chief executive believes is necessary for ensuring—(i)the integrity of the conduct of keno games; or(ii)the public interest is not affected in an adverse and material way.
(2)An interstate entity is taken not to conduct a keno game in the State because of 1 or more of the following—(a)the interstate entity is a party to a keno pooling agreement;(b)the interstate entity conducts a jackpot keno game in another State;(c)the interstate entity pays, or is required to pay, to a person a prize for a jackpot keno game.
(3)A prize for a jackpot keno game that is conducted in the State must not include an amount received by an interstate entity, other than an amount that is all or part of the pooling contributions.(4)A keno licensee may only pay an amount for a prize for a jackpot keno game conducted in another State if the amount is all or part of the pooling contributions.(5)In this section—interstate entity means an entity that conducts a keno game under a law of another State that provides for the conduct and playing of keno games in that other State.jackpot keno game, in relation to a keno pooling agreement, means a keno game that is the subject of the agreement.keno game includes a game commonly known in another State as keno.137BApplication of particular provisions to keno pooling agreementsSections 135 to 137 apply to a keno pooling agreement as if a reference in those sections to—(a)a related agreement were a reference to a keno pooling agreement; and(b)termination of an agreement were a reference to a keno licensee exiting an agreement.
Division 2Operations of keno licensees and agents138Keno rules(1)For this Act, the Minister may make rules for the playing of a game commonly known as keno.(2)The Minister must notify the making of a rule in the gazette.(3)A rule takes effect—(a)on the day the making of the rule is notified in the gazette; or(b)if a later day is stated in the Minister’s notice or the rule—on that day.
(4)A keno licensee may make submissions to the Minister about a rule or proposed rule.138ARules to be made available etc.A keno licensee must, for a keno game conducted by the licensee under the licence—(a)make a copy of the rules for the game available for public inspection on the licensee’s website on the internet; and(b)give a copy of the rules for the game to each keno agent of the licensee.
Maximum penalty—40 penalty units.139Responsibility of keno licensee for licensee’s actsA keno licensee, in doing an act for the conduct of a keno game by the licensee under the keno licence, must ensure the act is done in accordance with the rules for the playing of the game.Maximum penalty—40 penalty units.140Responsibility of keno licensee for acts of appointed agents(1)This section applies to the doing of an act by an appointed agent for the conduct of a keno game by the keno licensee who is the principal keno licensee for the agent.(2)The keno licensee must take reasonable steps to ensure the act is done in accordance with the rules for the playing of the game.Maximum penalty—40 penalty units.141Responsibility of appointed agent for agent’s actsAn appointed agent, in doing an act for the conduct of a keno game by the principal keno licensee, must ensure the act is done in accordance with the rules for the playing of the game.Maximum penalty—40 penalty units.142Places of operation(1)A keno licensee must not carry on the licensee’s operations at a place other than a place that—(a)the licensee has, by notice given to the chief executive, nominated as being the licensee’s proposed place of operation; and(b)has been approved by the chief executive.
Maximum penalty—200 penalty units or 2 years imprisonment.(2)An appointed agent must not carry on the agent’s operations at a place other than a place that—(a)is prescribed under a regulation as an approved place for the agent; and(b)is stated in a notice given to the chief executive as being the agent’s place of operation.
Maximum penalty—200 penalty units or 2 years imprisonment.(3)The notice mentioned in subsection (2) may be given by—(a)the appointed agent; or(b)the appointed agent’s principal; or(c)if the appointed agent is a keno subagent—the principal keno licensee.
143Times of conduct of approved keno games(1)A keno licensee must not conduct a keno game under the keno licence during a period prescribed under a regulation for this subsection.Maximum penalty—200 penalty units or 2 years imprisonment.(1A)A keno licensee does not commit an offence under subsection (1) if—(a)the keno licensee is a party to a keno pooling agreement; and(b)during a prescribed period the keno licensee—(i)conducts a draw for a keno game for the purposes of the keno pooling agreement; but(ii)does not pay a prize to a person who entered the keno game before the prescribed period.
(2)An appointed agent must not carry on operations for the conduct of a keno game by the principal keno licensee during a period prescribed under a regulation for this subsection.Maximum penalty for subsection (2)—200 penalty units or 2 years imprisonment.144Claims for prizesA claim for payment of a prize for an approved keno game must be made within 5 years after the day on which the game was conducted.145Approval of regulated keno equipment(1)A keno licensee may apply to the chief executive—(a)for an approval for regulated keno equipment proposed to be used in the conduct of keno games by the licensee under the keno licence; or(b)for approval to modify regulated keno equipment used in the conduct of keno games by the licensee under the keno licence.
(2)The chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated, the chief executive must—(a)carry out the evaluation; or(b)direct the keno licensee—(i)to arrange to have the equipment evaluated by an approved evaluator; and(ii)to give the chief executive a written report of the evaluation.
(3)If the chief executive carries out an evaluation of the equipment—(a)the keno licensee must pay the fee prescribed under a regulation for the evaluation to the chief executive; and(b)if an amount of the fee is not paid by the keno licensee, the State may recover the amount from the keno licensee as a debt.
(4)The chief executive may refuse to give an approval if—(a)the fee payable for an evaluation carried out by the chief executive is not paid; or(b)the keno licensee fails to comply with a direction of the chief executive under subsection (2)(b).
(5)If the chief executive gives an approval, the chief executive must immediately give the keno licensee written notice of the decision.(6)If the chief executive refuses to give an approval, the chief executive must immediately give the keno licensee an information notice for the decision.146Use of regulated keno equipment(1)A keno licensee must not use any regulated keno equipment in conducting a keno game under the keno licence unless the equipment is approved keno equipment.Maximum penalty—200 penalty units.(2)An appointed agent must not use any regulated keno equipment for the conduct of a keno game by the principal keno licensee unless the equipment is approved keno equipment.Maximum penalty—200 penalty units.(3)A keno licensee or appointed agent must not modify approved keno equipment unless the modification is approved by the chief executive in writing.Maximum penalty—200 penalty units.(4)In this section—approved keno equipment means regulated keno equipment approved by the chief executive under section 145 or the Casino Control Act 1982, section 62.146AApproved evaluatorsThe Governor in Council may, under a regulation, declare an entity to be an approved evaluator for evaluating regulated keno equipment.147Player accounts(1)A keno licensee may establish a player account for a person for use by the person in playing keno games conducted by the licensee under the keno licence.(2)The person may deposit amounts into the account in advance of playing a keno game.(3)The keno licensee may issue keno tickets to the person for keno games conducted by the licensee under the keno licence of a value, or pay cash to the person, up to the amount for the time being standing to the person’s credit in the account.(4)In working out the amount for the time being standing to a person’s credit in a player account, the amount of a cheque deposited in the account must not be taken into account until it has been cleared.148Extending credit(1)An authorised keno operator must not make a loan or extend credit in any form to any person, including the operator, to enable the person or another person to take part in an approved keno game.Maximum penalty—200 penalty units.(2)An employee of an authorised keno operator must not, in the course of the employee’s employment, make a loan or extend credit in any form to any person, including the employee, to enable the person or another person to take part in an approved keno game.Maximum penalty—200 penalty units.(2A)If a cash advance is made to a person in circumstances where an authorised keno operator or an employee of an authorised keno operator knows, or ought reasonably to know, that the person intends to use the cash advance to enable the person or another person to take part in an approved keno game, the operator or employee must not represent that the cash advance was made for some other purpose.Maximum penalty—200 penalty units.(3)An authorised keno operator must refuse to pay a prize for an approved keno game if the operator reasonably believes that the prize was obtained because of a contravention of subsection (1), (2) or (2A).(4)In this section—employee, of an authorised keno operator, means a person employed or engaged by the operator (whether or not for fee or reward) in functions relating to the conduct of keno gaming.149Keno advertisingA person who advertises the conduct of approved keno games must take reasonable steps to ensure the advertisement—(a)is not indecent or offensive; and(b)is based on fact; and(c)is not false, deceptive or misleading in a material particular.
150Directions about keno advertising(1)If the chief executive reasonably believes an advertisement about the conduct of approved keno games does not comply with section 149, the chief executive may direct the person appearing to be responsible for authorising the advertisement to take the appropriate steps—(a)to stop the advertisement being shown; or(b)to change the advertisement.
(2)The direction must—(a)be in writing; and(b)state the grounds for the direction; and(c)if the direction is a direction to change the advertisement—state how the advertisement is required to be changed.
(3)A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.Maximum penalty for subsection (3)—20 penalty units.151Inquiries about complaints(1)A keno licensee must inquire into—(a)a complaint made to the licensee by a person about—(i)the conduct of a keno game by the licensee under the keno licence; or(ii)if the licensee is the principal keno licensee for an appointed agent—the carrying on of the appointed agent’s operations relating to the conduct of a keno game by the licensee; or
(b)a complaint referred to the licensee by the chief executive under subsection (3).
(2)Within 21 days after the complaint is received by, or referred to, the keno licensee, the licensee must give written notice of the result of the inquiry to—(a)the complainant; and(b)if the complaint was referred to the licensee by the chief executive—the chief executive.
(3)If a complaint is made to the chief executive by a person about the conduct of an approved keno game, or the conduct of an appointed agent’s operations relating to an approved keno game, the chief executive must promptly—(a)inquire into the complaint; or(b)if the chief executive believes the complaint has not previously been referred to the keno licensee who conducted the keno game and that it is appropriate to refer the complaint to the licensee—refer the complaint to the keno licensee.
(4)The chief executive must promptly advise the complainant of—(a)the result of the chief executive’s inquiry; or(b)the chief executive’s decision to refer the complaint to the keno licensee.
(5)A complaint must—(a)be in writing; and(b)state the complainant’s name and address; and(c)give appropriate details of the complaint.
152Claims for payment(1)If a claim for payment of a prize for an approved keno game is made to an authorised keno operator, the operator must immediately try to resolve the claim.(2)If the authorised keno operator reasonably believes the prize was obtained because of a contravention of section 148(1) or (2), the operator must resolve the claim by refusing to pay the prize.(3)If the authorised keno operator resolves the claim in the way mentioned in subsection (2), or is not able to resolve the claim, the operator must immediately give the claimant a written notice (a claim result notice) stating—(a)the decision; and(b)that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision.
(4)If the claim is resolved in the way mentioned in subsection (2), or is not resolved, the claimant may ask the chief executive—(a)if the claimant did not receive a claim result notice—to resolve the claim; or(b)if the claimant received a claim result notice—to review the decision of the authorised keno operator.
(5)A request to the chief executive under subsection (4)—(a)must be in the approved form; and(b)if the claimant received a claim result notice—must be made within 10 days after receiving the notice.
(6)The chief executive must deal with a request under subsection (4) in the way prescribed under a regulation.154Reporting improper behaviour(1)This section applies if a keno licensee becomes aware, or reasonably suspects, that—(a)a person, by a dishonest act, has obtained a benefit for the person or another person in relation to a keno game conducted by the licensee under the keno licence; or(b)a keno agent, or an employee of a keno agent, of the licensee has contravened a provision of this Act.
(2)This section also applies if an appointed agent becomes aware, or reasonably suspects, that—(a)a person, by a dishonest act, has obtained a benefit for the person or another person in relation to a keno game conducted by the principal keno licensee; or(b)if the appointed agent is a keno agent—a keno subagent, or an employee of a keno subagent, of the agent has contravened a provision of this Act.
(3)Within 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the keno licensee or appointed agent must give the chief executive a written notice advising the chief executive of all facts known to the licensee or agent about the matter.Maximum penalty—200 penalty units or 2 years imprisonment.(4)A person must not mistreat another person because—(a)the other person has given, or may give, a notice under this section; or(b)the person believes the other person has given, or may give, a notice under this section.
Maximum penalty—200 penalty units or 2 years imprisonment.(5)In this section—dishonest act means fraud, misrepresentation or theft.mistreat a person means—(a)end the person’s employment or prejudice the career of the person in another way; or(b)prejudice the safety of the person; or(c)intimidate or harass the person.
Division 3Excluding persons from approved places of operation or taking part in keno gamingSubdivision 1Provisions about self-exclusion154ASelf-exclusion notice(1)A person may give to an appointed agent a notice in the approved form (a self-exclusion notice) asking the agent to prohibit the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation.(2)The person must, if asked by the appointed agent, give the agent a recent photo of the person together with the notice.(3)If an appointed agent has more than 1 approved place of operation, a self-exclusion notice may relate to a stated approved place of operation, or all approved places of operation, of the agent.154BSelf-exclusion order(1)If a person gives an appointed agent a self-exclusion notice under section 154A, the agent must as soon as practicable give to the person—(a)a notice in the approved form (a self-exclusion order) prohibiting the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation; and(b)details, including the name and address, of at least 1 entity that provides counselling services for problem gamblers.
Maximum penalty—50 penalty units.(2)A self-exclusion order has effect for the period—(a)starting when it is given to the person; and(b)ending on the earlier of the following—(i)when a revocation notice for the order takes effect under section 154C(3);(ii)the day that is 5 years after the day the order is given to the person.
154CRevoking self-exclusion order(1)A person who is given a self-exclusion order may, by notice in the approved form (a revocation notice) given to the appointed agent who gave the order, revoke the order.(2)However, the person may revoke the order only—(a)within 24 hours after the person receives it; or(b)after 1 year after the person receives it.
(3)A revocation notice takes effect—(a)if the notice is given to the appointed agent under subsection (2)(a)—when it is given to the agent; or(b)otherwise—28 days after the day it is given to the agent.
Subdivision 2Exclusion instigated by appointed agent154DExclusion direction(1)An appointed agent may give a person a notice in the approved form (an exclusion direction) prohibiting the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation if the agent believes on reasonable grounds the person is a problem gambler.(2)If an appointed agent has more than 1 approved place of operation, an exclusion direction may relate to a stated approved place of operation, or all approved places of operation, of the agent.(3)If an appointed agent decides to give a person an exclusion direction, the direction must be accompanied by an information notice about the decision.154EDuration of exclusion directionAn exclusion direction has effect for the period—(a)starting when it is given to the person concerned; and(b)ending on the earlier of the following—(i)if the decision to give the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;(ii)if a revocation notice for the direction takes effect under section 154G(6)—when the notice takes effect;(iii)if a decision, under section 154G, refusing to revoke the direction is set aside on a review of the decision by the tribunal—when the decision is set aside;(iv)the day that is 5 years after the day the direction is given to the person.
154FApplication to revoke exclusion direction(1)This section applies if a person is prohibited from taking part in keno gaming at, or entering or remaining in, an appointed agent’s approved place of operation under an exclusion direction.(2)The person may apply to the appointed agent for the approved place of operation to which the direction relates for revocation of the direction.(3)The application may only be made at least 1 year after the day the person is given the direction.(4)The application must be—(a)in the approved form; and(b)supported by enough information to enable the appointed agent to decide the application.
(5)A person may apply under this section only once each year commencing on the anniversary of the day the person was given the direction.154GDeciding application to revoke exclusion direction(1)This section applies to an application under section 154F for revocation of an exclusion direction.(2)The appointed agent must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.(3)If the appointed agent fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the agent to refuse to revoke the direction.(4)In considering the application, the appointed agent may have regard to the information supporting the application and any other information the agent considers relevant, including, for example, a report of a psychologist.(5)If the appointed agent decides to revoke the direction, the agent must as soon as practicable give the applicant notice of the revocation in the approved form (a revocation notice).(6)A revocation notice takes effect when it is given to the applicant.(7)If the appointed agent decides to refuse to revoke the direction, the agent must as soon as practicable give the applicant an information notice about the decision.Subdivision 3Other provisions154HParticular persons not to take part in keno gaming etc.(1)This section applies to a person who is prohibited from taking part in keno gaming at, or entering or remaining in, an appointed agent’s approved place of operation under a self-exclusion order or an exclusion direction.(2)The person must not take part in keno gaming at, or enter or remain in, the appointed agent’s approved place of operation.Maximum penalty—40 penalty units.154ICounselling(1)This section applies if a court finds a person (the defendant) guilty of, or accepts a person’s plea of guilty for, an offence against section 154H(2).(2)The court may, if satisfied the defendant is a problem gambler, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.(3)The agreement—(a)must provide for counselling of a kind that may, in the court’s opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and(b)must provide for counselling over a period, of not more than 12 months, fixed by the court; and(c)must allow the counsellor a discretion to disclose to the court information about the defendant’s participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and(d)must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.
(4)To decide whether the defendant is a problem gambler and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist.(5)If the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty—(a)as soon as practicable after the end of the period fixed for the counselling; or(b)if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or(c)if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report.
(6)In making its decision on penalty after a postponement under this section, the court—(a)must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and(b)may, for considering the matters mentioned in paragraph (a), have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.
154JObligation to prevent persons from taking part in keno gaming etc.(1)This section applies to an appointed agent or an employee of the agent if the agent or employee knows that a person is prohibited from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction.(2)The appointed agent or employee must take reasonable steps to prevent the person from taking part in keno gaming at, or entering or remaining in, the approved place of operation.Maximum penalty—(a)for an appointed agent—250 penalty units; or(b)for another person—40 penalty units.
(3)It is lawful for the appointed agent or employee to use necessary and reasonable force to prevent the person from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation.(4)The force that may be used does not include force that is likely to cause bodily harm to the person.(5)Subsection (2) must not be construed as requiring an appointed agent or an employee to use reasonable force to prevent a person from taking part in keno gaming at, or entering or remaining in, the approved place of operation.(6)In this section—bodily harm means any bodily injury that interferes with health or comfort.154KRegister(1)An appointed agent must keep a register, in the approved form, of persons who are prohibited from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction.Maximum penalty—40 penalty units.(2)The appointed agent must keep the register available for inspection by an inspector.154LReport about prohibition under order or direction(1)A regulation may require an appointed agent to give the chief executive a report about the prohibition of persons from taking part in keno gaming at, or entering or remaining in, the agent’s approved place of operation under a self-exclusion order or an exclusion direction.(2)The report must be in the approved form.(3)The regulation may prescribe the times, and the way in which, the report is to be given to the chief executive.(4)The appointed agent must comply with the regulation.Maximum penalty—40 penalty units.154MDistributing promotional or advertising material about approved place of operationAn appointed agent must not distribute promotional or advertising material about the agent’s approved place of operation to persons who the agent knows or ought reasonably to know are prohibited from taking part in keno gaming at, or entering or remaining in, the approved place of operation under a self-exclusion order or exclusion direction.Maximum penalty—40 penalty units.Division 4Keno gaming offences155Cheating(1)A person must not, in relation to an approved keno game, dishonestly obtain a benefit by—(a)an act, practice or scheme; or(b)the use of a thing of a type used, or appearing to be of a type used, in the conduct of keno games; or(c)the use of another thing.
Maximum penalty—200 penalty units or 2 years imprisonment.(2)For subsection (1), a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.156Forgery and deception(1)A person must not—(a)forge an official keno document; or(b)knowingly utter a forged official keno document.
Maximum penalty—200 penalty units or 2 years imprisonment.(2)A person must not connive at the commission of an offence against subsection (1).Maximum penalty—200 penalty units or 2 years imprisonment.(3)A person forges a document if the person makes a false document, knowing it to be false, with the intention that—(a)it may be used or acted on to the prejudice or benefit of a person; or(b)a person may, in the belief it is genuine, be induced to do, or refrain from doing, something.
(4)Without limiting subsection (3), a genuine document may become a false document because of—(a)an alteration of the document in a material respect; or(b)an addition to the body of the document in a material respect; or(c)an addition of a false date, signature, attestation, seal or other material matter.
(5)A person utters a document if the person—(a)uses or deals with the document; or(b)attempts to use or deal with the document; or(c)induces a person to use, deal with or act on the document; or(d)attempts to induce a person to use, deal with or act on the document.
157Impersonating licensed keno employees or officials(1)A person must not pretend to be a licensed keno employee or keno official.Maximum penalty—200 penalty units or 2 years imprisonment.(2)A person must not connive at the commission of an offence against subsection (1).Maximum penalty for subsection (2)—200 penalty units or 2 years imprisonment.158Bribery(1)A keno official must not ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the official or another person for an improper purpose.Maximum penalty—200 penalty units or 2 years imprisonment.(2)A person must not give, confer or obtain, or promise or offer to give, confer or obtain, any money, property or benefit of any kind to, on or for a keno official or another person for an improper purpose.Maximum penalty—200 penalty units or 2 years imprisonment.(3)A keno official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act—(a)for the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or(b)because of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or(c)for the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by—(i)if the act is done by the official—another person; or(ii)if the act is done by another person—that person or another person.
159Keno gaming by licensed keno or casino employees(1)A licensed keno employee must not, while carrying out functions relating to the conduct of approved keno games, take part in keno gaming.Maximum penalty—40 penalty units.(2)A licensed casino employee directly involved in the draw for, or the recording of the results of, an approved keno game in a casino must not take part in the game.Maximum penalty—40 penalty units.(3)A person is not eligible to win a prize for an approved keno game if the person is prohibited under subsection (1) or (2) from taking part in the game.159AKeno gaming by appointed agent or agent’s employees(1)An appointed agent or an employee of the agent must not take part in keno gaming at a place where the agent conducts keno gaming.Maximum penalty—40 penalty units.(2)A person is not eligible to win a prize for an approved keno game if the person takes part in the game in contravention of subsection (1).(3)In this section—employee, of an appointed agent, means a person employed or engaged by the agent (whether or not for fee or reward) in functions relating to the conduct of keno gaming.160Key officials(1)The chief executive may declare a keno official to be a key official.(2)The chief executive may direct a key official—(a)not to take part in keno gaming; or(b)not to take part in keno gaming except in stated circumstances or for stated purposes; or(c)not to have a financial relationship with an authorised keno operator.
(3)A declaration or direction—(a)must be made or given by written notice given to the keno official; and(b)may only be made or given if the chief executive considers it is appropriate to take the action in the public interest.
161Keno gaming by key officialsA key official must not take part in keno gaming in contravention of a direction given to the official by the chief executive.Maximum penalty—40 penalty units.162Relationship of key officials with authorised keno operators(1)This section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.(2)A key official must not—(a)accept or solicit employment from an authorised keno operator; or(b)be an employee in any capacity of an authorised keno operator; or(c)knowingly have, directly or indirectly—(i)a business or financial association with an authorised keno operator; or(ii)a business or financial interest in something together with an authorised keno operator.
Maximum penalty—40 penalty units.(3)A person must not, for 1 year after ceasing to be a key official, without the chief executive’s approval—(a)accept or solicit employment from an authorised keno operator; or(b)be an employee in any capacity of an authorised keno operator; or(c)knowingly have, directly or indirectly—(i)a business or financial association with an authorised keno operator; or(ii)a business or financial interest in something together with an authorised keno operator.
Maximum penalty for subsection (3)—40 penalty units.163Relationship of key officials with prospective keno licensees(1)This section applies if a key official knowingly has, directly or indirectly—(a)a business or financial association with another person who is a prospective keno licensee; or(b)a business or financial interest in something together with another person who is a prospective keno licensee.
(2)However, this section applies only if the key official has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.(3)Immediately after the key official becomes aware that the other person is a prospective keno licensee, the official must give written notice of the official’s association or interest to the chief executive.Maximum penalty—40 penalty units.(4)The chief executive may, by written notice given to the key official, direct the official to end the association, or give up the interest, within the time stated in the notice.(5)However, the chief executive may give the direction only if the chief executive considers it is appropriate to take the action in the public interest.(6)A key official to whom a direction is given must comply with the direction within the time stated in the notice.Maximum penalty—40 penalty units.(7)In this section—prospective keno licensee means a person who has entered into a keno agreement with the intention of becoming a keno licensee but to whom a keno licence has not yet been issued.164Relationship of authorised keno operators with key officials(1)This section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with an authorised keno operator.(2)Also, this section applies only if the authorised keno operator knows, or ought reasonably to know, that the key official is a key official to whom this section applies.(3)The authorised keno operator must not—(a)employ in any capacity, or have as an employee, the key official; or(b)knowingly have, directly or indirectly—(i)a business or financial association with the key official; or(ii)a business or financial interest in something together with the key official.
Maximum penalty—40 penalty units.(4)The authorised keno operator must not, for 1 year after the person ceases to be a key official, without the chief executive’s approval—(a)employ the person in any capacity; or(b)have the person as an employee; or(c)knowingly have, directly or indirectly—(i)a business or financial association with the person; or(ii)a business or financial interest in something together with the person.
Maximum penalty for subsection (4)—40 penalty units.165Keno gaming by minorsA minor must not take part in keno gaming.Maximum penalty—25 penalty units.166Allowing minors to take part in keno gaming(1)A person involved in the conduct of an approved keno game (an involved person) must not—(a)accept a completed entry form or subscription for the game from a minor; or(b)issue a keno ticket for the game to a minor; or(c)otherwise allow a minor to take part in keno gaming.
Maximum penalty—40 penalty units.(2)If an involved person suspects a person attempting to take part in keno gaming is a minor, the involved person may ask the person to give the involved person acceptable evidence of the person’s age.Note—See the Transport Planning and Coordination Act 1994, sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity.(3)If a person is asked to give acceptable evidence of the person’s age, the person must not—(a)further attempt to take part in keno gaming without giving acceptable evidence; or(b)give acceptable evidence that is false or misleading in a material particular.
Maximum penalty—20 penalty units.(4)In a prosecution for an offence against subsection (1), it is a defence to prove that—(a)the defendant had no reason to believe, and did not believe, that the person whose age is material to the offence was a minor; or(b)at the time of the contravention constituting the offence, the defendant had obtained from the person whose age is material to the offence acceptable evidence of the person’s age indicating the person was an adult.
(5)In the application of a defence on the ground mentioned in subsection (4)(a), the operation of the Criminal Code, section 24 is excluded.(6)In this section, a reference to acceptable evidence of a person’s age is a reference to a document that is acceptable evidence of the person’s age for the Liquor Act 1992.Part 9Investigation and enforcementDivision 1InspectorsSubdivision 1Appointment of inspectors167Appointment and qualifications(1)The chief executive may appoint a person as an inspector.(2)However, a person may be appointed as an inspector only if—(a)the person is—(i)a public service officer or employee; or(ii)a member of a class of persons prescribed under a regulation; and
(b)the chief executive is satisfied the person is qualified for the appointment because—(i)the person has the necessary expertise or experience; or(ii)the chief executive considers the person has the ability to quickly acquire the necessary expertise; and
(c)the chief executive is satisfied the person is a suitable person to be an inspector, having regard to—(i)the person’s character; and(ii)the person’s current financial position and financial background; and(iii)any other matter the chief executive considers relevant to the person’s suitability to be an inspector.
Subdivision 2Other matters about inspectors168Conditions and limit on powers(1)An inspector holds office on any conditions stated in—(a)the inspector’s instrument of appointment; or(b)a signed notice given to the inspector; or(c)a regulation.
(2)The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.(3)In this section—signed notice means a notice signed by the chief executive.169Issue of identity card(1)The chief executive must issue an identity card to each inspector.(2)The identity card must—(a)contain a recent photo of the inspector; and(b)contain a copy of the inspector’s signature; and(c)identify the person as an inspector under this Act; and(d)state an expiry date for the card.
(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.170Production or display of identity card(1)In exercising a power under this Act in relation to a person, an inspector must—(a)produce the inspector’s identity card for the person’s inspection before exercising the power; or(b)have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.(3)For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 172(a) or (c).171When inspector ceases to hold office(1)An inspector ceases to hold office if any of the following happens—(a)the term of office stated in a condition of office ends;(b)under another condition of office, the inspector ceases to hold office;(c)the inspector’s resignation under section 171A takes effect.
(2)Subsection (1) does not limit the ways an inspector may cease to hold office.(3)In this section—condition of office means a condition on which the inspector holds office.171AResignationAn inspector may resign by signed notice given to the chief executive.171BReturn of identity cardA person who ceases to be an inspector must return the person’s identity card to the chief executive immediately after ceasing to be an inspector unless the person has a reasonable excuse.Maximum penalty—40 penalty units.Subdivision 3Audit program and report about criminal history171CAudit program(1)The Minister may approve an audit program for investigating inspectors.(2)The chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to—(a)the inspector’s character; and(b)the inspector’s current financial position and financial background; and(c)any other matter the chief executive considers relevant to the person’s suitability to be an inspector.
(3)However, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2).(4)The chief executive must ensure the investigation is conducted under the approved audit program.(5)In this section—approved audit program means an audit program approved by the Minister under subsection (1).171DReport about criminal history(1)To help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.(2)If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.(3)The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.Division 2Powers of inspectorsSubdivision 1Power to enter places172Entry without consent or warrantAn inspector may, without the occupier’s consent or a warrant, enter—(a)a public place; or(b)a keno gaming place when—(i)approved keno games, or parts of approved keno games, are being conducted at the place; or(ii)the place is open for conducting approved keno games, or parts of approved keno games; or(iii)the place is open for carrying on business; or(iv)the place is otherwise open for entry; or
(c)the land around premises to ask its occupier for consent to enter the premises.
173Entry with consent or warrantUnless an inspector is authorised to enter a place under section 172, an inspector may enter a place only if—(a)its occupier consents to the entry; or(b)the entry is authorised by a warrant.
Subdivision 2Consents and warrants for entry174Consent to entry(1)This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.Editor’s note—This section does not apply if entry is authorised by section 172 or 173(b).(2)Before asking for the consent, the inspector must tell the occupier—(a)the purpose of the entry; and(b)that the occupier is not required to consent.
(3)If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent (a consent acknowledgement).(4)The acknowledgement must state—(a)the occupier was told—(i)the purpose of the entry; and(ii)that the occupier is not required to consent; and
(b)the purpose of the entry; and(c)the occupier gives the inspector consent to enter the place and exercise powers under this part; and(d)the time and date the consent was given.
(5)If the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.175Evidence of consent(1)Subsection (2) applies if—(a)an issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and(b)a consent acknowledgement is not produced in evidence for the entry; and(c)it is not proved the occupier consented to the entry.
(2)The court may presume the occupier did not consent.176Application for warrant(1)An inspector may apply to a magistrate for a warrant for a place.(2)The application must be sworn and state the grounds on which the warrant is sought.(3)The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.Example—The magistrate may require additional information supporting the application to be given by statutory declaration.177Issue of warrant(1)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and(b)the evidence is at the place, or may be at the place within the next 7 days.
(2)The warrant must state—(a)that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and(b)the offence for which the warrant is sought; and(c)the evidence that may be seized under the warrant; and(d)the hours of the day or night when the place may be entered; and(e)the date, within 14 days after the warrant’s issue, the warrant ends.
178Special warrants(1)An inspector may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—(a)urgent circumstances; or(b)other special circumstances, including, for example, the inspector’s remote location.
(2)Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.(3)The inspector may apply for the warrant before the application is sworn.(4)After issuing the warrant, the magistrate must promptly fax a copy to the inspector if it is reasonably practicable to fax the copy.(5)If it is not reasonably practicable to fax a copy to the inspector—(a)the magistrate must tell the inspector—(i)what the terms of the warrant are; and(ii)the date and time the warrant was issued; and
(b)the inspector must complete a form of warrant (a warrant form) and write on it—(i)the magistrate’s name; and(ii)the date and time the magistrate issued the warrant; and(iii)the terms of the warrant.
(6)The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.(7)The inspector must, at the first reasonable opportunity, send to the magistrate—(a)the sworn application; and(b)if the inspector completed a warrant form—the completed warrant form.
(8)On receiving the documents, the magistrate must attach them to the warrant.179Evidence about special warrants(1)Subsection (2) applies if—(a)an issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and(b)the warrant is not produced in evidence.
(2)The court must presume the exercise of the power was not authorised by a special warrant, unless the contrary is proved.Subdivision 3General powers180General powers after entering places(1)This section applies to an inspector who enters a place.(2)However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.(3)For monitoring or enforcing compliance with this Act, the inspector may—(a)search any part of the place; or(b)inspect, measure, test, photograph or film any part of the place or anything at the place; or(c)take a thing, or a sample of or from a thing, at the place for analysis or testing; or(d)copy a document at the place; or(e)for a keno gaming place—access, electronically or in another way, a system used at the place for conducting approved keno games, or administrative purposes related to the conduct of approved keno games; or(f)take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or(g)require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f); or(h)require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.
(4)When making a requirement mentioned in subsection (3)(g) or (h), the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.181Failure to help inspector(1)A person required to give reasonable help under section 180(3)(g) must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(2)If the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.182Failure to give information(1)A person of whom a requirement is made under section 180(3)(h) must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(2)It is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.Subdivision 4Power to seize evidence184Seizing evidence at keno gaming places(1)An inspector who enters a keno gaming place under this part may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.(a)the offence is an offence mentioned in section 166(3); and (b)in committing the offence a person used the device to display the following things, or an image or other design purporting to be the thing—(i)a digital authority; (ii)a digital evidence of age; (iii)a digital evidence of identity.
(3)In this section—digital authority see the Transport Planning and Coordination Act 1994, section 29AC.digital device see the Transport Planning and Coordination Act 1994, section 29AB.digital evidence of age see the Transport Planning and Coordination Act 1994, section 29AD.digital evidence of identity see the Transport Planning and Coordination Act 1994, section 29AE.185Seizing evidence at places other than keno gaming places(1)This section applies if an inspector enters a place under this part and the place is not a keno gaming place.(2)If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—(a)the inspector reasonably believes the thing is evidence of an offence against this Act; and(b)seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
(3)If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.(4)The inspector also may seize anything else at the place if the inspector reasonably believes—(a)the thing is evidence of an offence against this Act; and(b)the seizure is necessary to prevent the thing being—(i)hidden, lost or destroyed; or(ii)used to continue, or repeat, the offence.
(5)Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.186Securing seized thingsHaving seized a thing, an inspector may—(a)move the thing from the place where it was seized (the place of seizure); or(b)leave the thing at the place of seizure but take reasonable action to restrict access to it.Example of restricting access to a thing—1sealing a thing and marking it to show access to it is restricted2sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted
187Tampering with seized thingsIf an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.Maximum penalty—40 penalty units.188Powers to support seizure(1)To enable a thing to be seized, an inspector may require the person in control of it—(a)to take it to a stated reasonable place by a stated reasonable time; and(b)if necessary, to remain in control of it at the stated place for a reasonable time.
(2)The requirement—(a)must be made by notice in the approved form; or(b)if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.
(3)A person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(4)A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.189Receipt for seized things(1)As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.(2)However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.(3)The receipt must describe generally each thing seized and its condition.(4)This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).190Forfeiture of seized things(1)A seized thing is forfeited to the Crown if the inspector who seized the thing—(a)can not find its owner, after making reasonable inquiries; or(b)can not return it to its owner, after making reasonable efforts; or(c)reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.
(2)In applying subsection (1)—(a)subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and(b)subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.
(3)If the inspector decides to forfeit a thing under subsection (1)(c), the inspector must tell the owner of the decision by written notice.(4)Subsection (3) does not apply if—(a)the inspector can not find the owner, after making reasonable inquiries; or(b)it is impracticable or would be unreasonable to give the notice.
(5)The notice must comply with the QCAT Act, section 157(2).(6)Regard must be had to a thing’s nature, condition and value—(a)in deciding—(i)whether it is reasonable to make inquiries or efforts; and(ii)if making inquiries or efforts—what inquiries or efforts are reasonable; or
(b)in deciding whether it would be unreasonable to give notice about a thing.
191Return of seized things(1)If a seized thing has not been forfeited, the inspector must return it to its owner—(a)at the end of 6 months; or(b)if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.
(2)Despite subsection (1), unless the thing has been forfeited, the inspector must promptly return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.192Access to seized things(1)Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.Subdivision 5Power to give directions to stop using things193Direction to stop using thing(1)This section applies if an inspector reasonably believes—(a)a thing used in the conduct of approved keno games is unsatisfactory for the purpose for which it is used; and(b)the continued use of the thing may—(i)jeopardise the integrity of the conduct of approved keno games; or(ii)adversely affect the public interest.
(2)The inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using the thing, or allowing the thing to be used, in the conduct of approved keno games.194Requirements about stop directions(1)A direction given to a person under section 193 (a stop direction) may be given orally or by written notice (a stop notice).(2)However, if the direction is given orally, it must be confirmed by written notice (also a stop notice) given to the person as soon as practicable.(3)A stop direction may be given for a thing at a place occupied by an authorised keno operator or another person involved in the conduct of an approved keno game.(4)A stop direction does not apply to a use of the thing carried out for repairing or testing the thing.(5)A stop notice must state—(a)the grounds on which the inspector believes the thing is unsatisfactory; and(b)the circumstances (if any) under which the stop direction may be cancelled.
195Failure to comply with stop directionA person to whom a stop direction is given must comply with the direction.Maximum penalty—40 penalty units.Subdivision 6Power to obtain information196Power to require name and address(1)This section applies if—(a)an inspector finds a person committing an offence against this Act; or(b)an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.
(2)The inspector may require the person to state the person’s name and residential address.(3)When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.(4)The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false.(5)A requirement under subsection (2) or (4) is called a personal details requirement.197Failure to give name or address(1)A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(2)A person does not commit an offence against subsection (1) if—(a)the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and(b)the person is not proved to have committed the offence.
199Power to require production of documents(1)An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector—(a)a document issued to the person under this Act; or(b)a document required to be kept by the person under this Act; or(c)if the person is a keno licensee—a document kept by the person about the conduct of keno games by the licensee under the keno licence; or(d)if the person is an appointed agent—a document kept by the person about the conduct of keno games by the principal keno licensee.
(2)The inspector may keep the document to copy it.(3)If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.(4)The inspector must return the document to the person as soon as practicable after copying it.(5)However, if a requirement (a document certification requirement) is made of a person under subsection (3), the inspector may keep the document until the person complies with the requirement.(6)A requirement under subsection (1) is called a document production requirement.200Failure to produce document(1)A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(2)It is a reasonable excuse for a person not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.201Failure to certify copy of documentA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.202Power to require attendance of persons(1)An inspector may require a person, or an executive officer of a corporation, of whom a document production requirement has been made to attend before the inspector to answer questions or give information about the document to which the document production requirement relates.(2)An inspector may require any of the following persons to attend before the inspector to answer questions or give information about the operations of a keno licensee conducted under the keno licence—(a)the licensee or, if the licensee is a corporation, an executive officer of the licensee;(b)a licensed keno employee employed by the licensee;(c)an appointed agent for whom the licensee is the principal keno licensee or, if the appointed agent is a corporation, an executive officer of the agent;(d)an employee of an appointed agent mentioned in paragraph (c);(e)another person associated with the operation or management of the operations of—(i)the licensee; or(ii)an appointed agent mentioned in paragraph (c).
(3)An inspector may require any of the following persons to attend before the inspector to answer questions or give information about an appointed agent’s operations—(a)the agent or, if the agent is a corporation, an executive officer of the agent;(b)an employee of the agent;(c)the principal keno licensee or, if the licensee is a corporation, an executive officer of the licensee;(d)another person associated with the operation or management of the operations of—(i)the agent; or(ii)the principal keno licensee.
(4)A requirement made of a person under this section must—(a)be made by written notice given to the person; and(b)state a reasonable time and place for the person’s attendance.
(5)When making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.203Failure to comply with requirement about attendance(1)A person of whom a requirement is made under section 202 must not, unless the person has a reasonable excuse—(a)fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or(b)when attending before the inspector—(i)fail to comply with a requirement to answer a question or give information; or(ii)state anything the person knows is false or misleading in a material particular.
Maximum penalty—40 penalty units.(2)It is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.204Power to require financial records(1)This section applies to a person who is the manager or other principal officer at a place of business of a financial institution at which—(a)a keno licensee keeps an account in relation to the licensee’s operations under the keno licence; or(b)an appointed agent keeps an account in relation to the agent’s operations.
(2)An inspector may, by written notice given to the person, require the person to give to the inspector, within the time (not less than 7 days) stated in the notice—(a)a statement of account for the account; or(b)copies of cheques or other records relevant to the account; or(c)other particulars or documents relevant to the account stated in the notice.
(3)An inspector may make a requirement under subsection (2) (a financial records requirement) only with the written approval of the chief executive.205Effect of compliance with financial records requirement(1)No liability attaches to a person who is the manager or other principal officer at a place of business of a financial institution for any breach of trust or other reason, merely because the person complies with a financial records requirement.(2)No liability attaches to a financial institution, for any breach of trust or other reason, merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.206Failure to comply with financial records requirementA person of whom a financial records requirement is made must comply with the requirement within the time stated in the relevant notice, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.Division 3Powers of Minister207Direction about management practices(1)This section applies if the Minister reasonably believes—(a)the management, supervision or control of a part of a keno licensee’s or appointed agent’s operations (the management practice) is unsatisfactory; and(b)the management practice may result in—(i)the integrity of the conduct of keno games by the keno licensee under the keno licence being jeopardised; or(ii)the public interest being affected adversely.
(2)The Minister may direct the keno licensee or appointed agent to stop, or change, the management practice.(3)The direction must—(a)be in writing; and(b)state the grounds on which the Minister believes the management practice is unsatisfactory; and(c)if the direction is to change the management practice—clearly describe how the practice is required to be changed; and(d)state when the person is required to comply with the direction.
(4)A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.Maximum penalty for subsection (4)—40 penalty units.Division 4General enforcement matters208Forfeiture on conviction(1)On the conviction of a person for an offence against this Act, the court may order the forfeiture to the Crown of—(a)anything used to commit the offence; or(b)anything else the subject of the offence.
(2)The court may make the order—(a)whether or not the thing has been seized; and(b)if the thing has been seized—whether or not the thing has been returned to its owner.
(3)The court may make any order to enforce the forfeiture it considers appropriate.(4)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.209Dealing with forfeited things(1)On the forfeiture of a thing to the Crown, the thing becomes the Crown’s property and may be dealt with by the chief executive as the chief executive considers appropriate.(2)Without limiting subsection (1), the chief executive may destroy the thing.210Notice of damage(1)This section applies if—(a)an inspector damages something when exercising or purporting to exercise a power; or(b)a person (the other person) acting under the direction of an inspector damages something.
(2)The inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the thing.(3)If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state it in the notice.(4)If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.(5)This section does not apply to damage the inspector reasonably believes is trivial.(6)In this section—owner, of a thing, includes the person in possession or control of it.211Compensation(1)A person may claim compensation from the Crown if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2—•subdivision 1 (Power to enter places)•subdivision 3 (General powers)•subdivision 4 (Power to seize evidence)•subdivision 6 (Power to obtain information).
(2)Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.(3)Compensation may be claimed and ordered in a proceeding—(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or(b)for an offence against this Act brought against the person claiming compensation.
(4)A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.(5)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.212Protecting officials from liability(1)In this section—official means—(a)the Minister; or(b)the chief executive; or(c)an inspector; or(d)a person acting under the direction of an inspector.
(2)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.(3)If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the Crown.Division 5General enforcement offences213False or misleading statements(1)A person must not state anything to an inspector the person knows is false or misleading in a material particular.Maximum penalty—40 penalty units.(2)It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.214False, misleading or incomplete documents(1)A person must not give an inspector a document containing information the person knows is false, misleading or incomplete in a material particular.Maximum penalty—40 penalty units.(2)Subsection (1) does not apply to a person if the person, when giving the document—(a)tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.
(3)Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular.Maximum penalty—40 penalty units.(4)It is enough for a complaint against a person for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.215Obstructing inspectors(1)A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction.Maximum penalty—40 penalty units.(2)If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—(a)it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and(b)the inspector considers the person’s conduct is an obstruction; and(c)if the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.
Part 10Legal proceedingsDivision 1Evidence217Application of divisionThis division applies to a proceeding under this Act.218Appointments and authorityIt is not necessary to prove—(a)the chief executive’s appointment; or(b)an inspector’s appointment under a gaming Act; or(c)the authority of the chief executive or an inspector to do anything under this Act.
219SignaturesA signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.220Evidentiary aids(1)A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—(a)a stated document is one of the following things made, given, issued or kept under this Act—(i)an appointment, approval or decision;(ii)a notice, direction or requirement;(iii)a licence;(iv)a record, or an extract from a record;
(b)a stated document is another document kept under this Act;(c)a stated document is a copy of a thing mentioned in paragraph (a) or (b);(d)on a stated day, or during a stated period, a stated person was or was not the holder of a licence;(e)on a stated day, or during a stated period, a licence—(i)was or was not in force; or(ii)was or was not subject to a stated condition;
(f)on a stated day, a licence was suspended for a stated period or cancelled;(g)on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or stated approval was, or was not, in force for a stated person or thing;(h)on a stated day, a stated person was given a stated notice or direction under this Act;(i)on a stated day, a stated requirement was made of a stated person;(j)a stated amount is payable under this Act by a stated person and has not been paid;(k)anything else prescribed under a regulation.
(2)In this section—licence means a keno licence or keno employee licence.Division 2Proceedings221Indictable and summary offences(1)An offence against section 155, 156 or 158 is an indictable offence.(2)Any other offence against this Act is a summary offence.222Proceedings for indictable offences(1)A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—(a)by way of summary proceedings under the Justices Act 1886; or(b)on indictment.
(2)A magistrate must not hear an indictable offence summarily if—(a)the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or(b)the magistrate considers the charge should be prosecuted on indictment.
(3)If subsection (2) applies—(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and(b)a plea of the person charged at the start of the proceeding must be disregarded; and(c)evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and(d)before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).
(4)The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.223Limitation on who may summarily hear indictable offence proceedings(1)A proceeding must be before a magistrate if it is a proceeding—(a)for the summary conviction of a person on a charge for an indictable offence; or(b)for an examination of witnesses for a charge for an indictable offence.
(2)However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.224Limitation on time for starting summary proceedingsA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 must start—(a)within 1 year after the commission of the offence; or(b)at any later time but within 6 months after the offence comes to the complainant’s knowledge.
225Responsibility for acts or omissions of representatives(1)In this section—representative means—(a)of a corporation—an executive officer, employee or agent of the corporation; or(b)of an individual—an employee or agent of the individual.
state of mind of a person includes—(a)the person’s knowledge, intention, opinion, belief or purpose; and(b)the person’s reasons for the intention, opinion, belief or purpose.
(2)Subsections (3) and (4) apply in a proceeding for an offence against this Act.(3)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and(b)the representative had the state of mind.
(4)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.226Executive officer may be taken to have committed offence against s 116(1)(1)If a corporation commits an offence against section 116(1), each executive officer of the corporation is taken to have also committed the offence if—(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
(2)The executive officer may be proceeded against for, and convicted of, the offence against section 116(1) whether or not the corporation has been proceeded against for, or convicted of, the offence.(3)This section does not affect either of the following—(a)the liability of the corporation for the offence against section 116(1);(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 116(1).
227Attempts to commit offences(1)A person who attempts to commit an offence against this Act commits an offence.Maximum penalty—half the maximum penalty for committing the offence.(2)The Criminal Code, section 4 applies to subsection (1).Part 11Reviews by tribunal228When keno licensees may apply for reviewA keno licensee may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 1.229When applicants for keno employee licences may apply for reviewAn applicant for a keno employee licence may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive under section 50 to refuse to grant the application.230When licensed keno employees may apply for reviewA licensed keno employee may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 2.231When keno agents may apply for reviewA keno agent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 3.232When keno subagents may apply for reviewA keno subagent may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the chief executive mentioned in schedule 2, part 4.233When other persons may apply for review(1)The owner of a thing seized by an inspector may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the inspector under section 190 to forfeit the thing.(2)A person may apply, as provided under the QCAT Act, to the tribunal for a review of the following decisions—(a)a decision of an appointed agent, under section 154D, to give the person an exclusion direction;(b)a decision of an appointed agent, under section 154G, refusing to revoke an exclusion direction given to the person.
234Tribunal to decide review on evidence before the chief executive(1)In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—(a)hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and(b)decide the review of the decision in accordance with the same law that applied to the making of the original decision.
(2)If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—(a)heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and(b)decided in accordance with the same law that applied to the making of the original decision.
(3)In this section—original decision means the decision of the chief executive to which the proceeding for the review relates.235Tribunal may give leave for review to be decided on new evidence in particular circumstances(1)Despite section 234, the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied—(a)the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and(b)in the circumstances, it would be unfair not to allow the party to present the new evidence.
(2)If the tribunal gives leave under subsection (1), the tribunal must—(a)adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons; or(b)if the tribunal considers it appropriate for the applicant to make a new application, require the applicant to make a new application to the chief executive.
(3)In this section—new evidence means evidence that was not before the chief executive when the decision was made.236Appeals from tribunal only to Court of Appeal on a question of law(1)This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision mentioned in sections 228 to 233.(2)The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision.(3)A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.(4)To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision.Note—See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.Part 12Miscellaneous240Confidentiality of information(1)A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act.Maximum penalty—200 penalty units or 2 years imprisonment.(2)Subsection (1) does not apply to the disclosure of confidential information by a person—(a)for a purpose under this Act or a gaming Act; or(b)with a lawful excuse; or(c)under an approval of the chief executive under this section.
(3)The chief executive may approve the disclosure of confidential information by a person to—(a)an entity prescribed under a regulation; or(b)an officer, employee or member of the entity; or(c)a stated department, person or other entity.
(4)Before giving an approval for subsection (3)(c), the chief executive must—(a)give written notice of the proposed approval to any person whom the chief executive considers is likely to be affected adversely by the disclosure; and(b)give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.
(5)If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.(6)In this section—confidential information means information, other than information that is publicly available, about—(a)a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or(b)a person making an application under this Act.
240ACommissioner of police service to notify changes in criminal history(1)This section applies if—(a)the chief executive gives the commissioner of the police service the name of a relevant person for this section; and(b)the commissioner reasonably suspects a person who is charged with an offence is the relevant person.
(2)The commissioner must notify the chief executive about the change in the person’s criminal history.(3)The notice must state the following—(a)the person’s name and address;(b)the person’s date of birth;(c)the offence the person is charged with;(d)particulars of the offence;(e)the date of the charge.
(4)The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1).(5)In this section—relevant person means—(a)a licensed keno employee; or(b)a keno licensee who is an individual; or(c)an individual identified by the Minister as being a business or executive associate of a keno licensee.
241Delegations(1)The Minister may delegate the Minister’s powers under this Act to—(a)the chief executive; or(b)an appropriately qualified inspector or an appropriately qualified officer of the department.
(2)The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.(3)In this section—appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.Example of standing—a person’s classification level in the public service242Approval of formsThe chief executive may approve forms for use under this Act.243Regulation-making power(1)The Governor in Council may make regulations under this Act.(2)A regulation may—(a)be about fees; or(b)impose a penalty of no more than 20 penalty units for contravention of a regulation; or(c)be about—(i)establishing, and operating, a player account; or(ii)naming a wager on a keno game; or(iii)drawing a keno game; or(iv)the abatement of prizes of greater than a prescribed amount; or(v)refunding an amount wagered on a keno game; or(vi)unpaid prize money.
Part 13Transitional provisionsDivision 1Transitional provision for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999244Continuation of appeals(1)This section applies if—(a)an appeal to a Magistrates Court was started under this Act before the commencement of this section; and(b)the appeal was not finally decided before the commencement.
(2)This section applies despite the amendment of this Act by the Gaming Machine and Other Legislation Amendment Act (No. 2) 1999.(3)The appeal may be continued and decided under this Act as in force immediately before the commencement of this section.Division 2Transitional provisions for Gambling Legislation Amendment Act 2004245Definitions for div 2In this division—commencement means the day this division commences.pre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 6.247Direction to rectify under pre-amended Act(1)This section applies to a direction to rectify a matter given to a licensed keno employee under the pre-amended Act, section 65, if, before the commencement—(a)the period for rectifying the matter under that Act has not ended; or(b)the period for rectifying the matter under that Act has ended and action has not been taken under section 66 of that Act in relation to a failure to comply with the direction.
(2)A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 6, had not commenced.249Continuation of obligation under pre-amended Act, s 153(1)This section applies to an authorised keno operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 153(2), do an act or thing mentioned in that subsection.(2)The pre-amended Act, section 153(2) and (3), continues to apply to the authorised keno operator as if the Gambling Legislation Amendment Act 2004, part 6, had not commenced.Division 3Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013250Continuation of offence under s 117(1)This section applies if a person is alleged to have committed an offence against section 117, as in force immediately before the commencement of this section.(2)Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013, other than this section, had not commenced.Schedule 1Decisions not subject to appealsection 41Part 1Decisions of Governor in CouncilSectionDescription of decision
32suspending a keno licence
32cancelling a keno licence
32appointing an administrator to conduct the operations of a keno licensee under a keno licence
34for a keno licence that is suspended—cancelling or reducing any remaining period of suspension
Part 2Decisions of MinisterSectionDescription of decision
13issuing a keno licence
14entering into, or not to enter into, a keno agreement with a person
13 and 14not to issue a keno licence to a person who is a party to a keno agreement
19imposing a condition on a keno licence
28suspending a keno licence
29censuring a keno licensee
30directing a keno licensee to rectify a matter
133refusing to give an approval for a keno licensee to enter into an ancillary keno agreement
137directing the termination of a related agreement
207directing a keno licensee to stop or change a management practice
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Schedule 2Decisions of chief executive subject to appealsections 228, 230, 231 and 232Part 1Decisions affecting keno licenseesSectionDescription of decision
101directing the keno licensee to terminate an agency agreement
101directing a keno agent of the keno licensee to terminate a subagent’s appointment
119(2)directing a keno licensee to include additional details about a matter in the licensee’s control system for conducting a keno game
145refusing to approve regulated keno equipment
145refusing to approve a modification of regulated keno equipment
Part 2Decisions affecting licensed keno employeesSectionDescription of decision
57imposing a condition on the keno employee licence
58changing a condition of the keno employee licence
59refusing to grant an application to replace the keno employee licence
64immediately suspending the keno employee licence
65suspending or cancelling the keno employee licence
67censuring the licensed keno employee
67Adirecting the licensed keno employee to rectify a matter
Part 3Decisions affecting keno agentsSectionDescription of decision
101directing a keno licensee to terminate the agency agreement
101directing the keno agent to terminate a subagent’s appointment
Part 4Decisions affecting keno subagentsSectionDescription of decision
101directing a keno agent to terminate the subagent’s appointment
101directing a keno licensee to terminate an agency agreement entered into by the keno subagent’s principal
Schedule 4Dictionarysection 2accepted representations—(a)for part 3, division 3—see section 27; and(b)for part 4, division 5—see section 63; and(c)for part 5, division 3—see section 97(6); and(d)for part 8, division 1—see section 136(6).
agency agreement see section 84.ancillary keno agreement means an agreement (other than an agency agreement or agreement providing for a subagent’s appointment), contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to a keno licensee a thing or service in return for a direct or indirect interest in, or percentage or share of—(a)amounts received by the licensee in conducting keno games under the keno licence; or(b)the revenue, profit or earnings derived by the licensee in conducting keno games under the keno licence.
appointed agent means a keno agent or subagent.approved evaluator means an entity declared under a regulation to be an approved evaluator.approved form see section 242.approved form of identification, for a licensed keno employee, means a card or other thing that—(a)contains a recent photograph of the employee; and(b)is signed by the employee; and(c)identifies the person as a licensed keno employee; and(d)complies with any other requirements prescribed under a regulation.
approved keno game means a keno game conducted by a keno licensee under the keno licence.approved place see section 122.approved place of operation, for an appointed agent, means the place where the agent may, under section 142(2), carry on the agent’s operations.associated keno agreement, for a keno licence, means the keno agreement for which the licence is issued.authorised keno operator means a keno licensee or appointed agent.basic qualifying period, for an agency agreement, means the period starting when the agreement is entered into and ending on the day immediately before the intended operation day for the agreement.business associate, of an appointed agent, means a person whom the chief executive reasonably believes is associated with the ownership or management of the agent’s operations.business associate, of a keno licensee, means a person whom the Minister reasonably believes is associated with the ownership or management of the licensee’s operations.business associate, of a proposed keno licensee, means a person whom the Minister reasonably believes—(a)is associated with the ownership or management of the proposed keno licensee’s operations; or(b)will, if a keno licence is issued to the proposed keno licensee, be associated with the ownership or management of the licensee’s operations.
casino see the Casino Control Act 1982, schedule.commencement, for part 13, division 2, see section 245.completed entry form, for an approved keno game, means an entry form for the game marked by a person to show the person’s selection of a number or numbers for the game.conduct, by a keno licensee, includes promote, organise and operate.consent acknowledgement see section 174.control system means a system of internal controls for the conduct of keno games by a keno licensee under a keno licence.conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and—(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and(b)despite section 5 of that Act, includes a charge made against the person for an offence.
document certification requirement see section 199.document production requirement see section 199.employ includes engage under a contract for services.entry form, for an approved keno game, means a card or other thing made available by the keno licensee conducting the game for use by a person intending to take part in the game for marking the person’s selection of a number or numbers for the game.exclusion direction see section 154D(1).executive associate, of an appointed agent, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the appointed agent.executive associate, of a keno licensee, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the keno licensee.executive associate, of a proposed keno licensee, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes—(a)is associated with the ownership or management of the proposed keno licensee’s operations; or(b)will, if a keno licence is issued to the proposed keno licensee, be associated with the ownership or management of the licensee’s operations.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.exempt keno employee means—(a)a keno employee declared by the chief executive under section 42 to be an exempt keno employee; or(b)a keno employee included in a class of keno employees declared by the chief executive under section 42 to be an exempt class of keno employees.
exempt keno record see section 122.final qualification day see section 88.financial records requirement see section 204.gaming Act means any of the following Acts—•Casino Control Act 1982•Charitable and Non-Profit Gaming Act 1999•Gaming Machine Act 1991•Interactive Gambling (Player Protection) Act 1998•Lotteries Act 1997•Wagering Act 1998.
global GST amount, for a keno licensee for a month, means the global GST amount, calculated under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), division 126, for the month for the conduct of keno games under the licence.gross revenue, for a keno licensee for a month, means the amount worked out under the associated keno agreement as being the licensee’s gross revenue for the month.identity card, for an inspector, means the inspector’s identity card under this Act.indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.information notice means a written notice complying with the QCAT Act, section 157(2).inspector means a person who is an inspector under this Act.intended operation day, for an agency agreement, means the day (not earlier than 15 days after the agreement is entered into) stated in the agreement as the day it is intended the keno agent may start operations.interested person, for section 27, see section 26.keno agent means a person appointed under an agency agreement as an agent of a keno licensee.keno agreement see section 14.keno employee means an employee who has functions relating to the conduct of keno games.keno employee licence means a licence issued under section 53 or 56.keno equipment means a machine or other device (whether electronic, electrical or mechanical), computer software, or another thing, used, or suitable for use, in the conduct or playing of keno games.keno game means a game for which rules are made by the Minister under section 138.keno gaming means the playing of an approved keno game.keno gaming place means—(a)a place occupied by a keno licensee that is used for the conduct of keno games, or parts of keno games, or a purpose relating to the conduct of keno games, by the licensee under the keno licence; or(b)a place occupied by an appointed agent that is used for the conduct of keno games, or parts of keno games, or a purpose relating to the conduct of keno games, by the principal keno licensee; or(c)if a keno licensee is a body corporate—a place occupied by a related body corporate of the licensee that is used for a purpose relating to the conduct of keno games by the licensee under the keno licence.
keno licence means a licence to conduct keno games.keno licence fee see section 112.keno licensee means a person who holds a keno licence.keno official means—(a)an inspector; or(b)an officer of the department.
keno pooling agreement see section 137A.keno record, of a keno licensee, means a record (including a document) about the operations conducted by the licensee under the keno licence.keno subagent see section 92.keno tax see section 109.keno ticket means a document or other thing that evidences the right of a person to take part in an approved keno game.key official see section 160.key operator, for a keno licensee, means a person who is associated with the licensee in a way in which the person exercises, or is able to exercise—(a)significant influence over the licensee’s operations; or(b)because of the person’s remuneration or policy-making position or other reasons prescribed under a regulation—authority of a nature, or to an extent, about the licensee’s operations that makes it desirable in the public interest for the person to be a licensed keno employee.
key operator’s requirement see section 45.licensed casino employee means a person who holds a casino key employee licence or casino employee licence under the Casino Control Act 1982.licensed keno employee means a person who holds a keno employee licence.monthly gross revenue return see section 111.official keno document means—(a)a keno ticket; or(b)a keno licence; or(c)a keno employee licence; or(d)an inspector’s identity card; or(e)an approved form of identification for a licensed keno employee.
personal details requirement see section 196.place of seizure see section 186.player account means an account established under section 147.pre-amended Act, for part 13, division 2, see section 245.principal keno licensee means—(a)for a keno agent—the keno licensee by whom the agent is appointed; or(b)for a keno subagent—the keno licensee who appointed the keno agent by whom the subagent is appointed.
problem gambler means a person whose behaviour relating to gambling—(a)is characterised by difficulties in limiting the amount of money or time the person spends on gambling; and(b)leads to adverse consequences for the person, other persons or the community.
proposed action—(a)for part 3, division 3—see section 25(2)(a); and(b)for part 4, division 5—see section 62(2)(a).
proposed keno licensee see section 15.qualification notice see section 88.qualifying period, for an agency agreement, means the period starting when the agency agreement is entered into and ending—(a)on the day immediately before the intended operation day for the agreement; or(b)if a qualification notice is given for the agreement—(i)on the final qualification day for the notice; or(ii)if the notice is withdrawn—on the day the notice is withdrawn.
reasonably believes means believes on grounds that are reasonable in all the circumstances.reasonably suspects means suspects on grounds that are reasonable in all the circumstances.registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act, part 9.2.regulated keno equipment means keno equipment declared under a regulation to be regulated keno equipment.related agreement means—(a)an agreement, contract, lease or arrangement (whether written or unwritten) that—(i)is entered into between a keno licensee and another person; and(ii)relates to the operations of the licensee conducted under the keno licence; or
(b)an ancillary keno agreement.
related body corporate, of a keno licensee that is a body corporate, means a body corporate that is related to the licensee because of the Corporations Act, section 50.revocation notice—(a)for part 8, division 3, subdivision 1—see section 154C(1); and(b)for part 8, division 3, subdivision 2—see section 154G(5).
self-exclusion notice see section 154A(1).self-exclusion order see section 154B(1)(a).show cause notice—(a)for part 3, division 3—see section 25(2); and(b)for part 4, division 5—see section 62(1); and(c)for part 5, division 3—see section 97(2); and(d)for part 8, division 1—see section 136(2).
show cause period, for part 3, division 3, see section 25(2)(e).special warrant see section 178.stop direction see section 194.subscription includes a contribution to a subscription.tribunal means QCAT.