Nothern Territory Gaming Control (Internet Gaming) Regulations - Page 4

13 August 1999
51. Acceptance of wagers
An internet gaming licensee must not accept a wager from a player in an internet game unless -

    (a) a player's account has been established in the name of the player and there are adequate funds in the account to cover the amount of the wager; or

    (b) the funds necessary to cover the amount of the wager are provided in an approved way.


52.

NO PAYMENTS UNLESS PLAYER'S IDENTITY IS VerifiED

An internet gaming licensee must not make a payment out of a player's account to a player until the player's identity, age and place of residence have been verified under the licensee's approved control system.


    Penalty: $2,000.

53. Funds in players' accountS to be remitted on demand
(1) An internet gaming licensee must, at the request of the registered player in whose name a player's account is established, remit the funds standing to the credit of the account to the player as soon as practicable after receipt of the request.

Penalty: $2,000.

(2) An amount may only be remitted by a licensee to a player -


    (a) in an approved manner; and

    (b) in accordance with the licensee's approved control system.


Penalty: $2,000.

(3) An internet gaming licensee may, before remitting funds to a player in accordance with subregulation (1), take such time as is reasonably necessary for the purposes of -


    (a) verifying the player's registration as a player;

    (b) verifying the playing of a game by the player;

    (c) conducting security and other internal procedures in relation to the player or the player's account; and

    (d) ensuring that the rules that are approved relating to the award of prizes to players have been complied with.


54. ACCESS TO PLAYERS' ACCOUNTS BY Internet gaming licensees
An internet gaming licensee must not deal with funds credited to a player's account except -

    (a) to debit to the account a wager made by the player or an amount the player indicates the player wants to wager in the course of an internet game the player is playing or about to play;

    (b) to remit funds standing to the credit of the account to the player at the player's request under regulation 53; or

    (c) as specified in the licensee's approved control system.


Penalty: $2,000.

55. Inactive players' accounts
(1) If no transaction has been recorded on a player's account for 6 months, the internet gaming licensee in relation to whom the account is established must comply with the approved procedures for determining the player's intentions in relation to the account.

(2) If an internet gaming licensee has complied with subregulation (1) but is not able to determine the player's intentions in relation to the account, the licensee must deal with the account in accordance with the licensee's approved control system.


Division 3 - Financial Protections

56. Internet gaming licensee not to act as credit provider
(1) An internet gaming licensee must not provide credit to a player or a player's account.

(2) An internet gaming licensee must not act as agent for a credit provider to facilitate the provision of credit to a player or a player's account.

(3) If a player makes a payment into his or her account by means of a credit card, an internet gaming licensee must ensure that the payment does not exceed the amount specified for the player in the approved control system.

Penalty: $2,000.

57. Limitation on amount wagered
(1) A registered player may by -


    (a) written notice; or

    (b) electronic notice,


to an internet gaming licensee, set a limit on the amount the player may wager within a specified period.

(2) A player who has set a limit under this regulation may change or revoke the limit by -


    (a) written notice; or

    (b) electronic notice,


given to the internet gaming licensee in accordance with the approved procedures.

(3) A notice increasing or revoking the limit has effect only -


    (a) after 7 days after the internet gaming licensee received the notice; and

    (b) if the player has not, before 7 days after the internet gaming licensee received the notice, notified the internet gaming licensee of an intention to withdraw the notice.


(4) A notice reducing the limit has effect immediately after it is received by the internet gaming licensee.

(5) An internet gaming licensee must not accept a wager from a player contrary to a limit set for the player under this regulation.


    Penalty: $2,000.

(6) In this regulation, 'wager' means the amount wagered from the player's funds deposited into his or her account, but does not include any winnings generated from the wager.

58. VOLUNTARY DEREGISTRATION AS PLAYER
(1) An internet gaming licensee's must ensure that the approved computer system enables a registered player to notify the internet gaming licensee that he or she wishes to permanently de-register as a player with the licensee.


    Penalty: $2,000.

(2) An internet gaming licensee -

    (a) must de-register a registered player as soon as practicable after, and in any case before 24 hours after, receipt of notice from the player under subregulation (1); and

    (b) must not knowingly re-register the person as a player with the licensee except with the approval of the Director.

    Penalty: $2,000.

Division 4 - Protection of Minors

59. PROHIBITION OF minor's participatION in conduct of games
(1) An internet gaming licensee must not allow a minor to participate in operations related to the conduct of internet games by the licensee.

Penalty: $2,000.

(2) It is a defence to a charge against subregulation (1) if the defendant proves that he or she had no reason to believe, and did not believe, that the person to whom the charge relates was a minor.

(3) A minor must not participate in operations related to the conduct of internet games.

Penalty: $2,000.

(4) An internet gaming licensee must -


    (a) take all reasonable steps to restrict access by minors to an internet game conducted by the licensee; and

    (b) comply with all directions of the Director relating to the restriction of access by minors to internet games conducted by the licensee.


Penalty: $2,000.

60. Participation by minors as players prohibited
(1) A person involved in the conduct of an internet game by an internet gaming licensee must not permit a minor to participate as a player in the game.

Penalty: $2,000.

(2) It is a defence to a charge against subregulation (1) if the defendant proves that he or she  had no reason to believe, and did not believe, that the person to whom the charge relates was a minor.

(3) If a person involved in the conduct of an internet game by an internet gaming licensee -


    (a) suspects; or

    (b) ought, in all the circumstances, reasonably be expected to suspect,


that a player of the game is a minor, the licensee must not permit the player to continue to play the game, or to play another internet game with the licensee, until the player has submitted proof, of the approved type, that he or she is an adult.

    Penalty: $2,000.

(4) If a person involved in the conduct of an internet game by an internet gaming licensee -

    (a) suspects; or

    (b) ought, in all the circumstances, reasonably be expected to suspect,


that a player of the game is a minor, the licensee must not add money to or deduct money from what appears to be the player's account, or otherwise pay money or award a prize to the player, until -

    (c) the player has submitted proof, of the approved type, that he or she is an adult; or

    (d) the licensee is authorised to do so by notice in writing from the Director.

    Penalty: $2,000.


(5) A player may apply to the Director for a notice of authority for the purposes of subregulation (4).

(6) A minor must not participate as a player in an internet game conducted by an internet gaming licensee.

Penalty: $2,000.

(7) A prize won by a minor by participation in an internet game contrary to this regulation is forfeited to the Territory.

61. SOFTWARE LIMITING MINOR'S ACCESS TO BE MADE AVAILABLE
An internet gaming licensee must ensure that a person has electronic access, at the licensee's internet site, to computer software that will enable the person to restrict or prevent access to the site from the person's computer by a minor.


    Penalty: $2,000.

PART 8 - CONCLUSION OF GAMES

Division 1 - Prizes


62. Payment or collection of prizes
(1) If a registered player in an internet game conducted by an internet gaming licensee wins a monetary prize, the licensee must as soon as practicable pay the prize to the player by crediting the amount to the player's account.

(2) An internet gaming licensee may, before crediting the amount of a prize to a player under subregulation (1), take the time necessary to -


    (a) verify the player's registration as a player;

    (b) verify the operation of a game by the player;

    (c) conduct security and other internal procedures in relation to the player or the player's account; and

    (d) ensure that the rules approved by the Director relating to the award of prizes to players have been complied with.


63. Claims for prize
(1) If a claim for a prize in an internet game conducted by an internet gaming licensee is made before 5 years after the end of the game, the licensee must immediately try to resolve the claim.

(2) If an internet gaming licensee is not able to resolve the claim, the licensee must, by written notice to the claimant, promptly inform the claimant -


    (a) of the licensee's decision on the claim; and

    (b) that the person may, within 10 days of receiving the notice, ask the Director to review the decision.


(3) If a claim is not resolved or the claimant has not received a notice under subregulation (2), the claimant may apply in the approved form to the Director for a review of the internet gaming licensee's decision in respect of the claim.

(4) If the claimant received a notice under subregulation (1), the application to the Director under subregulation (3) must be made within 10 days after receiving the notice.

(5) If a request is made to the Director, the Director -


    (a) may carry out investigations the Director considers necessary to resolve matters in dispute; and

    (b) must determine whether the prize is to be given to the claimant or not.


64. Entitlement to prize lapses if not claimed within 5 years
If a prize is not claimed within 5 years after the end of the internet game in which the prize was won, the entitlement to the prize is extinguished.

Division 2 - Aborted Games

65. Aborted games
(1) An internet gaming licensee is to take all reasonable steps to ensure that the licensee's approved computer system enables a player whose participation in a game is, after he or she has made a wager, interrupted by -

    (a) a failure of the telecommunications system; or

    (b) a failure of the player's computer system,


that prevents the player from continuing with the game, to resume, on the restoration of the system, his or her participation in the game that was interrupted as at the time immediately before the interruption.

    Penalty: $2,000.

(2) If a licensee's computer system does not enable a player to continue, after the restoration of the system, with a game interrupted by a failure of the telecommunications system or the player's computer system, the licensee must -

    (a) ensure that the game is terminated in accordance with the approved control system; and

    (b) refund the amount of the wager to the player by placing it in the player's account.

    Penalty: $2,000.


(3) If a game has not terminated within the period after commencing that is specified in an internet gaming licensee's approved control system, the licensee must -

    (a) ensure that the game is terminated in accordance with the approved control system; and

    (b) deal with the amount of the wager in accordance with the approved control system.

    Penalty: $2,000.


66. MISCARRIAGE OF GAME
(1) If an internet game conducted by an internet gaming licensee is started but miscarries because of a failure of the licensee's computer operating system, the internet gaming licensee -

    (a) must -
        (i) refund the amount wagered in the game to the player by crediting it to the player's account or, if the account no longer exists, by paying it to the player in an approved manner; and
    (ii) if a player has an accrued credit at the time the game miscarries - credit to the player's account the monetary value of the credit or, if the account no longer exists, pay it to the player in an approved manner;

    (b) must immediately inform the Director of the circumstances of the incident; and

    (c) must not conduct a further game if the game is likely to be affected by the same failure.


(2) After investigating the incident, the Director may, by written notice to the internet gaming licensee, give the internet gaming licensee other directions the Director considers appropriate in the circumstances.

(3) The internet gaming licensee must comply with a direction under subregulation (2).


    Penalty: $2,000.

67. Power to withhold prize in certain cases
(1) If an internet gaming licensee has reason to believe that the result of an internet game has been affected by an illegal activity the internet gaming licensee may withhold a prize in the game.

(2) If an internet gaming licensee withholds a prize under this regulation, the internet gaming licensee -


    (a) must immediately inform the Director of the circumstances of the incident; and

    (b) must not conduct a further game if a recurrence of the illegal activity is likely.


(3) After investigating the incident, the Director may, by written notice to the internet gaming licensee -

    (a) direct the internet gaming licensee to pay the prize to the player by placing it in the player's account or, if the account no longer exists, to pay it to the player in another approved manner; or

    (b) confirm the internet gaming licensee's decision to withhold the prize, but direct the internet gaming licensee to refund an amount wagered in the game by placing it in the player's account or in another approved manner.


(4) The internet gaming licensee must comply with a direction under subregulation (3).

    Penalty: $2,000.
PART 9 - MISCELLANEOUS

68. Player to be bound by rules of game
A player who participates in an internet game and the internet gaming licensee must comply with the rules of the game specified at the internet site at which the game is conducted by the licensee.

    Penalty: $2,000.

69. Interference with proper conduct of internet games
A person must not, without the Director's authorisation, interfere in the proper conduct of an internet game.

Penalty: $2,000.

70. Internet gaming licensee not to publish identity of player in certain cases
(1) An internet gaming licensee or an employee or other person engaged in duties related to the conduct of an internet game must not, without authorisation under subregulation (2) -


    (a) disclose information about the name, or other identifying particulars, of a player; or

    (b) use information about a player for a purpose other than the purpose for which the information was given.


Penalty: $2,000.

(2) The disclosure of information, or its use for a purpose other than the purpose for which it was given, is authorised if the disclosure or use is -


    (a) authorised by the player;

    (b) reasonably necessary for the conduct of internet games;

    (c) required for the administration or enforcement of the Act or these Regulations; or

    (d) otherwise required by law.

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