Nothern Territory Gaming Control (Internet Gaming) Regulations - Page 3

(2) A notice under subregulation (1) is to include -

(a) the reason for the review; and

(b) the time, date and place of the review.

(4) An internet gaming licensee must comply with and not contravene a requirement under subregulation (3) specified in a notice given to him or her under subregulation (1).

Penalty: $2,000.

32. NOTICE OF REVIEW TO BE GIVEN TO INTERNET GAMING KEY LICENSEE
(1) Before commencing a review in relation to an internet gaming key licensee, the Director must give the licensee not less than 14 days notice in writing of the reason for conducting the review.

(2) A notice under subregulation (1) is to specify -

(a) the time, date and place where the internet gaming key licensee may attend to make submissions, either personally or by a representative, to the Director; or

(b) the time and date before which, and the place at which, the internet gaming key licensee may make written submissions to the Director.

(2) Despite subregulation (1), the Director -

(a) is not bound by the rules of evidence;

(b) must act without regard to technicalities and legal form;

(c) may inform himself or herself about a relevant matter in the manner he or she thinks fit;

(d) may require the production of a relevant document, must inspect a relevant document produced before him or her, may retain the document for a reasonable period for the purposes of the review and make copies of it;

(e) may require a person, other than the internet gaming key licensee, who has an association with the subject of the review to attend before him or her and to answer truthfully questions put to that person; and

(f) may determine the review although the internet gaming key licensee has failed to make submissions within the time allowed, if the Director is satisfied that the licensee had received notice to do so.

(3) A person must comply with and not contravene a requirement under subregulation (2).

Penalty: $2,000.

34. DETERMINATION OF REVIEW
(1) After conducting a review, the Director may take one or more of the following actions that he or she thinks fit in the circumstances:

(a) dismiss the matter the subject of the review;

(b) reprimand the internet gaming key licensee;

(c) require the internet gaming key licensee to attend for counselling or retraining;

(d) impose conditions on the internet gaming key licence;

(e) vary a term or condition of the internet gaming key employee licence, the duties authorised to be performed under the licence or the classification (as a provisional internet gaming key employee licence or a full internet gaming key employee licence) of the internet gaming key licensee's licence;

(f) suspend the internet gaming key licensee's licence for a period of not more than 6 months;

(g) cancel the internet gaming key licensee's licence.

(2) A person must comply with and not contravene a requirement under subregulation (1)(c).

Penalty: $2,000.

(a) keep accounting records that correctly record and explain the transactions in relation to, and the financial position of the internet gaming licensee in respect of, operations conducted under his or her internet gaming 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.

36. Preparation of financial statements and accounts
An internet gaming licensee must prepare financial statements and accounts giving a true and fair view of the licensee's financial operations conducted under the internet gaming licence, including but not limited to -

(a) trading accounts, if applicable, for each financial year;

(b) profit and loss accounts for each financial year; and

(c) a balance sheet as at the end of each financial year.

(a) require the licensee to give the Director a report about the internet gaming licensee's operations under the internet gaming licence; and

(b) specify a date by which the report is to be given to the Director.

Penalty: $2,000.

(4) The Director may, by written notice to an internet gaming licensee, require the licensee to give to the Director further information about a report by the date specified in the notice, to enable the Director to understand the internet gaming licensee's operations.

(5) An internet gaming licensee must comply with a requirement under subregulation (4) by the date specified in the notice, unless the internet gaming licensee has a reasonable excuse.

Penalty: $2,000.

(6) An internet gaming licensee must not give the Director a report containing information, or further information about a report, if the internet gaming licensee knows the information is false, misleading or incomplete in a material particular.

Penalty: $2,000.

(7) It is enough for a complaint of an offence against subregulation (6) to state that the report or information was false, misleading or incomplete to the defendant's knowledge.

Penalty: $2,000.

39. Use of accounts
An internet gaming licensee must not use an account approved by the Director under regulation 38 other than for a purpose for which the account is approved.

Penalty: $2,000.

(a) in accordance with the approved control system; and

(b) at the internet gaming licensee's own expense,

Penalty: $2,000.

(a) complete the audit required under regulation 40 within the period, if any, specified in the approved control system; and

(b) immediately after completion of the audit required under regulation 40, give a copy of the audit report to the Director and the internet gaming licensee.

(2) Subregulation (1)(a) does not apply to the auditor if -

(a) in the circumstances it would be unreasonable to require the auditor to comply with it; and

(b) the auditor completes the audit as soon as practicable.

(2) An internet gaming licensee must comply with a requirement under subregulation (1) within the time specified in the notice, unless the licensee has a reasonable excuse.

Penalty: $2,000.

(a) approve a place nominated by the licensee (other than the internet gaming licensee's public office) as a place for keeping the licensee's gaming records;

(b) specify a gaming record of the licensee's that is not required to be kept at the licensee's public office or a place approved under paragraph (a);

(c) specify -

(i) a gaming record of the internet gaming licensee that may be kept temporarily at a place other than the licensee's public office or a place approved under paragraph (a); and
(ii) the period for which, or the circumstances in which, the record specified in subparagraph (i) may be kept at the other place;

(d) approve the keeping of information contained in a gaming record 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 gaming record of the licensee that the Director considers need not be kept.

(3) The exercise of the Director's power under subregulation (1)(d) or (e) is subject to any other law about the retention or destruction of the gaming record.

44.

Internet Gaming records to be kept at SPECIFIED place

(1) An internet gaming licensee must keep the internet gaming licensee's gaming records at -

(a) the internet gaming licensee's public office; or

(b) at a place approved under regulation 43(1)(a) for the records.

Penalty: $2,000.

(a) for the period specified in the notice; or

(b) while the circumstances specified in the notice exist.

Penalty: $2,000.

(a) if the information previously contained in the record is kept in another approved way; or

(b) that has been destroyed as approved.

Penalty: $2,000.

Penalty: $2,000.

(2) An internet gaming licensee may register a person as a player with the licensee only if the licensee has received from the person an application, in an approved form, for registration.

48. CERTAIN PLAYERS NOT TO BE REGISTERED
(1) The Director may, by notice to an internet gaming licensee, prohibit the registration as a player with the licensee of a person specified in the notice.

(2) A licensee must not register as a player with the licensee a person specified in a notice given to the licensee under subregulation (1).

Penalty: $2,000.

(a) the licensee must cancel the person's registration as a player with the licensee; and

(b) the licensee must not register the person as a player with the licensee.

Penalty: $2,000.

(a) the provision of the information occurred as a result of an honest or reasonable mistake; or

(b) it is otherwise appropriate to register the person.




Division 2 - Players' Accounts

(2) An internet gaming licensee must establish and maintain a player's account in relation to each player who is registered with the licensee.

(3) An internet gaming licensee must credit to the account established under subregulation (2) in respect of a registered player all funds -

(a) received by the licensee from or on behalf of the player; or

(b) owed by the licensee to the player.

(5) An internet gaming licensee may close the account established under subregulation (2) in respect of a registered player and must close the account when directed to do so by the Director.

(6) An internet gaming licensee must remit to a registered player in accordance with the approved control system all funds in credit in the account established under subregulation (2) in respect of the registered player when the account is closed.