Nothern Territory Gaming Control (Internet Gaming) Regulations - Page 2

(a) has attained the age of 18 years;

(b) is of good repute having regard to character, integrity, honesty and responsibility;

(c) has an adequate command of the English language for the purpose of performing the duties he or she proposes to perform;

(d) has a sound and stable financial background;

(e) has, subject to the Criminal Records (Spent Convictions) Act, not been found guilty of -

(i) an offence involving dishonesty since he or she attained the age of 18 years;
(ii) an offence against the Act; or

(iii) an offence that is punishable on conviction by a maximum penalty of not less than 5 years imprisonment; and

(3) If the Director is of the opinion that an applicant has not supplied information required to accompany his or her application under regulation 14(2), the Director may request the applicant to provide the information.

(4) The Director must not consider an application in relation to which a request for information has been made under subregulation (3) until he or she receives the information.

16. FURTHER INFORMATION, &c., TO BE SUPPLIED
(1) The Director may inquire into matters, additional to those specified in regulation 15, that he or she considers relevant to the determination of the application.

(2) The Director must give written notice to the applicant -

(a) specifying the other matters the Director is inquiring into and the reasons for so doing; and

(b) requesting the applicant to furnish written consents and authorities to enable the Director to inquire into the other matters.

(a) request the applicant or another person who has an association with the applicant to supply further information or attend interviews; or

(b) make inquiries of his or her own, including inquiries in a State or another Territory of the Commonwealth or in a place outside Australia.

(4) If a person does not comply with a request of the Director under subregulation (3), the Director may decide he or she has sufficient grounds to refuse to grant the internet gaming key employee licence.

(5) A civil or criminal action or proceeding does not lie against a person requested by the Director to supply information for the purposes of this regulation in respect of an act or thing done or omitted to be done in good faith by the person for the purpose of supplying the information.

17. GRANT OR REFUSAL OF LICENCE
(1) The Director may grant an internet gaming key licence to an applicant if the Director is satisfied under regulations 15 and 16 that the applicant -

(a) is eligible to be granted the licence; and

(b) is a fit and proper person to be granted an internet gaming key employee licence to perform the duties he or she proposes to perform under the licence.

(a) issued by a State or another Territory of the Commonwealth; and

(b) in the opinion of the Director, equivalent to the internet gaming key employee licence.

(a) a full internet gaming key employee licence; or

(b) a provisional internet gaming key employee licence.

(a) the duties to be performed by the holder of the licence; and

(b) the manner in which the holder of the licence must perform duties,

(5) It is a condition of an internet gaming key employee licence that the holder of the licence must comply with and not contravene -

(a) the Act or these Regulations;

(b) a lawful direction or order given to him or her by a gaming inspector in respect of the carrying out of the holder of the licence's duties in relation to the conduct of internet gaming; or

(c) a direction of the Director or a procedure or control specified in the approved control system.

(7) A person who has been refused an internet gaming key employee licence may, not later than 14 days after receiving notice of the refusal, request the Director to supply his or her reasons for that decision.

(8) The Director must, as soon as practicable after receiving a request under subregulation (7) from a person, give to the person written reasons for the Director's decision.

(9) Subject to these Regulations, an internet gaming key employee licence granted under this regulation remains in force until -

(a) it expires;

(b) the holder of the licence no longer performs the duties to which the licence relates;

(c) the holder of the licence surrenders the licence to the Director; or

(d) the licence is cancelled under regulation 34(1)(g).

18. GRANT OF PROVISIONAL OR FULL LICENCE
(1) Subject to these Regulations, if an applicant -

(a) has been found guilty of an offence involving dishonesty committed before he or she attained the age of 18 years;

(b) has been found guilty of an offence involving the use, manufacture or sale of drugs;

(c) is a person whose internet gaming key employee licence was cancelled under regulation 34(1)(g); or

(d) is to be engaged by an internet gaming licensee to perform duties for a period not exceeding 12 months,

the Director may only grant a provisional internet gaming key employee licence to the person.

(2) If subregulation (1) does not apply in relation to an applicant for an internet gaming key employee licence, the Director may only grant a full internet gaming key employee licence to the person.

19. DURATION OF PROVISIONAL LICENCE
(1) A provisional internet gaming key employee licence -

(a) takes effect from the date on which it is granted; and

(b) subject to these Regulations, remains in force for the period, of not more than 12 months, specified by the Director on the licence.

(a) the nature of the offence committed;

(b) how recently the offence was committed;

(c) the severity of the penalty imposed in respect of the offence; and

(d) any restitution made in respect of the offence.

(4) The expiry date of a provisional internet gaming key employee licence to which regulation 18(1)(d) relates is to be the date of the expiry of the period, not exceeding 12 months, for which the person was engaged by an internet gaming licensee to perform duties.

20. DURATION OF FULL LICENCE
(1) A full internet gaming key employee licence -

(a) takes effect from the date on which it is granted or renewed; and

(b) subject to these Regulations, continues in force for 5 years on and from that date.

(a) the date on which the licence expires; or

(b) the application for renewal is determined,

21. APPLICATION FOR further LICENCE
(1) A person granted an internet gaming key employee licence that is no longer in force may apply under regulation 14 to the Director for the grant of an internet gaming key employee licence.

(2) The holder of a provisional internet gaming key employee licence may, not less than one month before the licence expires, apply under regulation 14 to the Director for the grant of a full internet gaming key employee licence.

(3) If a person applies for an internet gaming key employee licence before 6 months after the expiry of his or her internet gaming key employee licence, the Director may waive compliance with regulation 14, to the extent he or she considers necessary having regard to -

(a) the circumstances of the application; and

(b) the nature of the information to be supplied under regulation 14.

(a) waive compliance with regulation 14(2)(a) to (g)(inclusive); and

(b) waive the payment of the fee under regulation 14(2)(h) in respect of the application,

(c) the person applied for an internet gaming key employee licence not more than 12 months before the application before the Director was made; and

(d) in the Director's opinion, the person conducted himself or herself properly while the provisional internet gaming key employee licence was in force.

(6) Subregulation (5) has effect although the applicant is a person referred to in regulation 18(1)(a), (b), (c) or (d).

22. PERSON WHOSE LICENCE IS CANCELLED MUST NOT APPLY FOR ANOTHER LICENCE FOR 12 MONTHS
(1) Subject to these Regulations, a person who held an internet gaming key employee licence that was cancelled under regulation 34(1)(g) must not apply for a further internet gaming key employee licence until after 12 months after the date the previous internet gaming key employee licence was cancelled.

(2) Subject to these Regulations, a person whose application for an internet gaming key employee licence was refused must not apply for an internet gaming key employee licence until after 12 months after the date the previous application was refused.

Penalty: $2,000.

(2) A licensed person who holds a full internet gaming key employee licence may, not less than one month before the licence expires, apply to the Director for the renewal of the licence.

(3) An application under subregulation (2) is to be in the approved form, accompanied by -

(a) an application fee of $250; and

(b) 3 recent passport size photographs of the applicant.

(5) The Director must renew a full internet gaming key employee licence if he or she is satisfied that the applicant -

(a) has complied with the terms and conditions of the licence; and

(b) is not otherwise prevented from having his or her licence renewed by a provision of these Regulations.

(a) the same terms and conditions as applied to the original licence; or

(b) if the terms and conditions are varied under regulation 24 or 34 - the same terms and conditions as applied to the original licence as varied under that regulation.

(a) a term or condition of his or her internet gaming key employee licence;

(b) the duties he or she performs under his or her internet gaming key employee licence; or

(c) the classification (as a provisional internet gaming key employee licence or a full internet gaming key employee licence) of the internet gaming key employee licence he or she holds.

(2) An application under subregulation (1) is to -

(a) set out the variation required and the reasons supporting the variation;

(b) be in accordance with regulation 14 to the extent the Director considers necessary having regard to the nature of the variation and the information to be supplied in support of the application; and

(c) be accompanied by a variation fee of $20.

(4) For the purpose of determining an application under subregulation (1), regulations 15, 16 and 17 apply to the extent necessary as if the application were an application for an internet gaming key employee licence under regulation 14.

(5) If the Director decides to vary the internet gaming key employee licence to which the application relates, he or she must -

(a) amend the internet gaming key employee licence; or

(b) issue a new internet gaming key employee licence,

as he or she considers appropriate.

25. LOSS, &c., OF LICENCE
(1) If an internet gaming key employee licence is lost, destroyed or damaged, the holder of the licence must apply to the Director for the issue of a replacement licence.

Penalty: $2,000.

(2) An application under subregulation (1) is to be -

(a) in writing in an approved form;

(b) verified by a signed statutory declaration; and

(c) accompanied by a replacement licence fee of $20.

26. SURRENDER OF LICENCE
(1) The holder of an internet gaming key employee licence may, at any time, surrender the licence by returning it, together with the approved form, to the Director.

(2) A licence ceases to have effect immediately after the licence and the approved form are received by the Director under subregulation (1).

27. WHEN LICENCE TO BE RETURNED TO DIRECTOR
An internet gaming key licensee must deliver or send his or her internet gaming key employee licence to the Director as soon as practicable after -

(a) the licence is cancelled, suspended, varied or made subject to conditions; and

(b) he or she has received notice from the Director requiring the return of the licence.

Penalty: $2,000.

(a) make a false statement; or

(b) supply false information,

Penalty: $2,000.

(a) an internet gaming key employee licence was obtained by fraud or misrepresentation;

(b) an internet gaming key licensee has been found guilty of an offence -

(i) against the Act or these Regulations;

(ii) involving dishonesty;

(iii) involving the use, manufacture or sale of drugs; or

(c) an internet gaming key licensee has contravened a term or condition of his or her licence, a direction of the Director or a procedure or control specified in the approved control system;

(d) an internet gaming key licensee failed to provide information that he or she is required to provide under these Regulations or provided information knowing it to be false or misleading;

(e) an internet gaming key licensee has become bankrupt, applied to take the benefit of a law relating to bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit; or

(f) the holder of an internet gaming key employee licence may not be a fit and proper person to hold the licence,

the Director must as soon as practicable conduct a review to investigate the matter.

(2) Despite subregulation (1) and regulation 34, the Director may determine that, having regard to the minor nature of the matter referred to in subregulation (1) that has been brought to his or her attention -

(a) a review need not be commenced or continued in relation to the matter; or

(b) the review is to be determined by reprimanding the holder of the licence to which the matter relates.