28. Grounds for disciplinary action
- (1)
Each of the following is a ground for disciplinary action in relation to an
interactive gaming licence--
- (a)
the licensed provider is not, or is no longer, a suitable person to hold an
interactive gaming licence;
- (b)
an associate of the licensed provider is not, or is no longer, a suitable
person to be associated with a licensed provider's operations;
- (c)
the licensed provider has been found guilty of an offence against this Act, a
gaming Act or a corresponding law;
- (d)
the licensed provider has been found guilty of an offence involving fraud or
dishonesty, whether or not in Victoria, the maximum penalty for which exceeds
imprisonment for 3 months;
- (e)
the licensed provider has contravened a condition of the interactive gaming
licence;
- (f)
the licensed provider has contravened a provision of this Act or a
corresponding law (being a provision a contravention of which does not
constitute an offence);
- (g)
the licensed provider has failed to discharge financial obligations to a player
or to the State;
- (h)
the licensed provider is bankrupt, has compounded with creditors or otherwise
taken, or applied to take, advantage of any law about bankruptcy;
- (i)
the licensed provider is affected by control action under the Corporations Law;
- (j)
the interactive gaming licence was obtained by a materially false or misleading
representation or in some other improper way;
- (k)
the circumstances existing as prescribed.
(2)
For the purposes of forming the belief that the ground mentioned in sub-section
(1)(a) exists, the Authority may have regard to the same matters to which the
Authority may have regard in deciding whether an applicant is a suitable person
to hold an interactive gaming licence. (3)
For the purposes of forming the belief that the ground mentioned in sub-section
(1)(b) exists, the Authority may have regard to the same matters to which the
Authority may have regard in deciding whether an associate of an applicant is a
suitable person to be associated with a licensed provider's operations.
- (4)
For the purposes of sub-section (1)(i), a licensed provider is affected by
control action under the Corporations Law if the licensed provider--
- (a)
has executed a deed of company arrangement under the Corporations Law; or
- (b)
is the subject of a winding-up (whether voluntarily or under a court order)
under the Corporations Law; or
- (c)
is the subject of an appointment of an administrator, liquidator, receiver or
receiver and manager under the Corporations Law.
29. Cancellation, suspension or variation of licence
- (1)
In this section--
"disciplinary action" means the cancellation or
suspension of an interactive gaming licence, the variation of the terms of a
licence, the issuing of a letter of censure or the imposition of a fine not
exceeding $50 000;
"grounds for disciplinary action" in relation to an interactive gaming
licence means any of the grounds referred to in section 28.
- (2)
The Authority may serve on a licensed provider a notice in writing affording
the provider an opportunity to show cause within 28 days why disciplinary
action should not be taken on grounds for disciplinary action specified in the
notice.
- (3)
The licensed provider, within the period allowed by the notice, may arrange
with the Authority for the making of submissions to the Authority as to why
disciplinary action should not be taken and the Authority must consider any
submissions so made.
- (4)
The Authority may then take disciplinary action against the licensed provider
as the Authority sees fit and does so by giving written notice to the
provider--
- (a)
of the cancellation or suspension of the licence or the variation of the terms
of the licence; or
- (b)
in the form of a letter of censure; or
- (c)
of a fine.
- (5)
The cancellation, suspension or variation of a licence under this section takes
effect when the notice is given or on a later date specified in the notice.
- (6)
A letter of censure may censure the licensed provider in respect of any matter
connected with the operation of the interactive gaming business and may include
a direction to the provider to rectify within a specified time any matter
giving rise to the letter of censure.
- (7)
If any direction given under sub-section (6) is not complied with in the
specified time, the Authority may, by giving written notice to the licensed
provider, cancel, suspend or vary the terms of the provider's licence without
affording the provider a further opportunity to be heard.
- (8)
The Authority may suspend a licensed provider's licence by notice in writing
given to the provider if the Authority is satisfied that--
- (a)
the provider; or
- (b)
if the provider is a body corporate, an officer or director of the
provider--
has been charged with--
- (c)
an offence against this Act or a gaming Act or an offence against regulations
made under this Act or a gaming Act; or
- (d)
an offence arising out of or in connection with the management or operation of
an interactive gaming business; or
- (e)
an indictable offence or an offence which, if committed in Victoria, would be
an indictable offence, the nature and circumstances of which, in the opinion of
the Authority, relate to the management or operation of a gaming
business.
- (9)
The Authority may, at any time, terminate or reduce a period of suspension
imposed under sub-section (8).
- (10)
An interactive gaming licence is of no effect for the purposes of Part 2 while
it is suspended.
- (11)
A fine imposed under this section may be recovered as a debt due to the State.
30. On-going monitoring of associates and others
- (1)
The Authority may from time to time investigate--
- (a)
an associate, or a person likely to become an associate, of a licensed
provider; or
- (b)
any person, body or association having a business association with a person
referred to in paragraph (a).
(2)
A licensed provider must--
- (a)
notify the Authority in writing that a person is likely to become an associate
as soon as practicable after the licensed provider becomes aware of the
likelihood; and
- (b)
ensure that a person does not become an associate within the meaning of section
4(1)(a) or (b) except with the prior approval in writing of the Authority.
(3)
If--
- (a)
the Authority, having regard to the matters referred to in sub-section (4),
determines that an associate is unsuitable to be concerned in or associated
with the business of the licensed provider; and
- (b)
the associate is a person referred to in section 4(1)(a) or
(b)--
the Authority may, by notice in writing, require the
associate to terminate the association with the licensed provider.
- (4)
In particular, the Authority must consider whether the associate--
- (a)
is of good repute, having regard to character, honesty and integrity;
- (b)
is of sound and stable financial background;
- (c)
has any business association with any person, body or association who or which,
in the opinion of the Authority, is not of good repute having regard to
character, honesty and integrity or has undesirable or unsatisfactory financial
resources.
(5)
If the association is not terminated within 14 days from the date of the notice
referred to in sub-section (3), the Authority may, by notice in writing, direct
the licensed provider to take all reasonable steps to terminate the association
and the licensed provider must comply with the direction within 14 days or any
longer period agreed with the Authority.
- (6)
The Authority--
- (a)
may require an associate or a person likely to become an associate to consent
to having his or her photograph, finger prints and palm prints taken; and
- (b)
must refer a copy of such photograph, finger prints and palm prints and any
supporting documents to the Chief Commissioner of Police.
31. Investigations
- (1)
The Authority may investigate a licensed provider to help the Authority decide
whether the licensed provider is a suitable person to hold, or to continue to
hold, an interactive gaming licence.
- (2)
The Authority may investigate a business or executive associate of a licensed
provider to help the Authority decide whether the person is, or continues to
be, a suitable person to be associated with a licensed provider's operations.
- (3)
However, the Authority may investigate a licensed provider only if the
Authority reasonably suspects the licensed provider is not, or is no longer, a
suitable person to hold an interactive gaming licence.
- (4)
Also, the Authority may investigate a business or executive associate of a
licensed provider only if--
- (a)
the Authority reasonably suspects the person is not, or is no longer, a
suitable person to be associated with a licensed provider's operations; or
- (b)
the person became a business or executive associate of the licensed provider
after the issue of the interactive gaming licence.
32. Requirement to give information or document for investigation
- (1)
In investigating a licensed provider, or a business or executive associate of a
licensed provider, the Authority may, by written notice given to the person,
require the person to give the Authority information or a document the
Authority considers relevant to the investigation.
- (2)
When making the requirement, the Authority 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.
Penalty: 240 penalty units.
- (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 document sought by the Authority is not in fact relevant to the investigation.
33. Power to executors, trustees etc. to carry on business under
licence
- (1)
Any of the following persons may apply to the Authority to have their name
endorsed on a licence--
- (a)
a person who is, or intends to become, the legal personal representative of a
deceased licensed provider;
- (b)
the guardian or administrator appointed under the Guardianship and
Administration Act 1986 in respect of a licensed provider who is a
represented person within the meaning of that Act;
- (c)
the official receiver, trustee or assignee of a licensed provider who becomes
bankrupt or applies to take the benefit of any law for the relief of bankrupt
or insolvent debtors, compounds with creditors or makes an assignment of
remuneration for their benefit;
- (d)
a receiver and manager or an administrator who is appointed in respect of a
licensed provider that is a body corporate;
- (e)
an official liquidator or provisional liquidator who is appointed in respect of
a licensed provider that is a body corporate.
(2)
If--
- (a)
the Authority is satisfied that the applicant is a suitable person to carry on
the business of the licensed provider; and
- (b)
the prescribed fee is paid--
the Authority must cause the licence
to be endorsed accordingly.
- (3)
If a person referred to in sub-section (1) does not apply to the Authority
under that sub-section in respect of a licence, the Authority may cause the
licence to be endorsed with the name of a person nominated by the Authority.
34. Effect of endorsementsA person whose name is endorsed on a
licence under section 33 may carry on the business of interactive gaming
authorised by the licence until the expiration of 6 months after the
endorsement is made and is subject to the same duties, liabilities,
obligations, disqualifications and penalties as if the person were a licensed
provider.
35. Licence lapses if not endorsed
If a licensed provider dies or becomes bankrupt or applies to take the benefit
of any law for the relief of bankrupt or insolvent debtors, compounds with
creditors or makes an assignment of remuneration for their benefit or becomes a
represented person within the meaning of the Guardianship and Administration
Act 1986, the licence ceases to have force at the end of the period of 90
days after the happening of the event or such longer period as the Authority in
any particular case allows, unless the licence is endorsed under section 33.
_______________
PART
4--RETURNS TO PLAYERS, SUPERVISION CHARGES AND TAX
36. Returns to players
- (1)
A licensed provider must ensure that the pay-out table on interactive games is
set so as to return to players the players' proportion of the total amounts
wagered each year on interactive games conducted by the licensed provider.
- (2)
The players' proportion is--
- (a)
not less than 85 per centum; or
- (b)
if the Authority so determines in accordance with sub-section (3), a fixed
percentage greater than 85 per centum.
(3)
A determination under sub-section (2)--
- (a)
must be made by notice published in the Government Gazette; and
- (b)
must be expressed to have effect on and after a specified date.
37. Liability to supervision charge
- (1)
A licensed provider must pay to the Treasurer a supervision charge in such
instalments in respect of such periods in each financial year as the Treasurer
determines from time to time.
- (2)
The supervision charge is such amount in respect of each financial year as the
Treasurer, after consultation with the Minister, determines having regard to
the reasonable costs and expenses in respect of the financial year incurred by
the Authority in carrying out its functions and powers under this Act.
- (3)
The supervision charge is a tax.
38. Interactive gaming tax
- (1)
A licensed provider must, in respect of each month, pay to the Authority to be
paid into the Consolidated Fund, 50 per centum or, if another percentage is
prescribed, the prescribed percentage, of the provider's gaming revenue in
respect of that month.
- (2)
A payment under sub-section (1) in respect of a month must be made not later
than the seventh day of the following month.
- (3)
If, in respect of a month, the amount of all prizes payable by the licensed
provider exceeds the total of gaming revenue received by the provider in that
month, the amount of the excess may be applied to reduce the gaming revenue for
the next or a subsequent month for the purpose of determining the amount
payable under sub-section (1).
- (4)
In this section--
"gaming revenue", in relation to a month, means
the total amount wagered on interactive games conducted by the licensed
provider during that month less--
- (a)
the sum of all prizes paid from that total amount (other than prizes paid from
a jackpot special prize pool); and
- (b)
the sum of amounts determined under the rules of the interactive games for
payment in respect of that total amount wagered to a jackpot special prize
pool;
"jackpot" means winnings payable from money that accumulates
as contributions are made to a special prize pool.
39. Returns for calculation of tax
- (1)
Within 7 days after the end of each month, a licensed provider must give the
Authority a return in a form approved by the Authority containing--
- (a)
the information for calculating the amount payable by the licensed provider
under section 38 in respect of the preceding month; and
- (b)
any prescribed information.
Penalty: 60 penalty units.
- (2)
If a licensed provider does not give the Authority a return in accordance with
sub-section (1), the Authority may by notice given to the provider, determine
the information for the purposes of calculating the amount payable by the
provider under section 38 in respect of the preceding month.
40. Penalty for late payment
A licensed provider must pay to the Authority interest on an amount payable
under section 38 or on a licence fee that is outstanding (the "unpaid
amount") as at the end of the period allowed for payment at the rate fixed
for the time being under section 2 of the Penalty Interest Rates Act 1983.
41. Recovery of amounts
An amount payable under section 38, a licence fee or a penalty payable under
section 40 is a debt payable to the State and may be recovered by action in a
court of competent jurisdiction.
42. Revenue offences
- (1)
A licensed provider must not--
- (a)
evade the payment of an amount payable by the licensed provider under section
38 or a licence fee; or
- (b)
give the Authority a return containing information the licensed provider knows
to be false, misleading or incomplete in a material
particular.
Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence, 600 penalty units or imprisonment for
2 years, or both.
- (2)
Sub-section (1)(b) does not apply to a licensed provider if the licensed
provider, when giving the return--
- (a)
informs the Authority in writing, to the best of the licensed provider's
ability, how the return is false, misleading or incomplete; and
- (b)
if the licensed provider has, or can reasonably obtain, the correct
information, gives the correct information.
(3)
It is sufficient for a complaint for an offence against sub-section (1) to
state that the document was false, misleading or incomplete to the defendant's
knowledge.
_______________
PART 5--COMPLIANCE REQUIREMENTS
43. DirectionsThe Authority may, by written notice given to
licensed providers, give directions about the conduct of authorised games by
licensed providers.
44. Players funds
A licensed provider must, at the request of the registered player or the
personal representatives of the registered player, remit funds of the player
held by the licensed provider on behalf of the player as directed by the player
no later than the first business day after the request is received.
Penalty: 60 penalty units.
45. Licensed provider not to act as credit provider
A licensed provider must not provide credit to a player.
Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence, 600 penalty units or imprisonment for
2 years, or both.
46. Funds held on behalf of players
A licensed provider must not have recourse to funds held on behalf of a player
except as follows--
- (a)
to debit to the funds of the player a wager made by the player or an amount the
player indicates the player wants to wager in the course of an approved game
the player is playing or about to play;
- (b)
to remit funds of the player at the player's request; or
- (c)
as otherwise authorised under this Act.
Penalty: For a first offence, 600
penalty units.
For a second or subsequent offence, 600 penalty units or imprisonment for
2 years, or both.
47. Inactive playersIf no transaction has been recorded on
behalf of a player for a period of 2 years, the licensed provider must
remit any funds held on behalf of the player, or if the player cannot be found,
must deal with the amount as unclaimed moneys under the Unclaimed Moneys Act
1962.
48. Limitation on amount wagered
- (1)
A registered player may, by notice to a licensed provider, set a limit on the
amount the player may wager.
- (2)
A player who has set a limit under this section may change or revoke the limit
by written notice given to the licensed provider.
- (3)
A notice increasing or revoking the limit does not have effect unless--
- (a)
7 days have passed since the provider received the notice; and
- (b)
the player has not notified the provider of an intention to withdraw the
notice.
(4)
A notice reducing the limit has effect on its receipt by the licensed provider.
- (5)
A licensed provider must not accept a wager from a player contrary to a limit
set for the player under this section.
Penalty: 240 penalty units.
49. Self-exclusion order
- (1)
If a person gives notice in writing to a licensed provider to the effect that
the person is not to be permitted to play an interactive game conducted by the
licensed provider, the licensed provider--
- (a)
must give a copy of the notice to the Authority; and
- (b)
must not permit the person to play an interactive game conducted by the
licensed provider unless the notice is revoked in accordance with this
section.
(2)
If the Authority receives a notice from a licensed provider under sub-section
(1), the Authority must give a copy to each other licensed provider and to the
relevant authority in each participating jurisdiction.
- (3)
If the Authority receives a notice from the relevant authority in a
participating jurisdiction under a provision of a corresponding law
corresponding to this section, the Authority must give a copy of the notice to
each licensed provider.
- (4)
A licensed provider that receives a copy of a notice under sub-section (2) or
(3) must not permit the person to whom the notice relates to play an
interactive game conducted by the provider unless the notice is revoked in
accordance with this section or the corresponding law.
- (5)
A person may revoke a notice given under sub-section (1) by giving notice to
that effect to the licensed provider.
- (6)
A notice under sub-section (5) does not take effect unless--
- (a)
7 days have passed since the person gave the notice; and
- (b)
the person has not withdrawn the notice.
- (7)
A licensed provider must not accept a wager from a person in respect of whom a
notice under sub-section (1) or under a corresponding provision of a
corresponding law is in effect.
Penalty: 240 penalty units.
50. Disposal of unclaimed non-monetary prizes
- (1)
This section applies to a non-monetary prize in an approved game conducted by a
licensed provider that is not collected within 3 months after notification of
the place at which it may be collected.
- (2)
The licensed provider--
- (a)
may dispose of the prize by public auction or tender or in some other way
approved by the Authority; and
- (b)
may pay for the disposal from the proceeds of sale; and
- (c)
must--
- (i)
pay the remainder of the proceeds to the relevant player or former player; or
- (ii)
if the licensed provider is unaware of the whereabouts of the relevant player
or former player, pay the remainder of the proceeds in accordance with the
Unclaimed Moneys Act 1962.
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