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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
KENO BILL 1996
Queensland
KENO BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Interpretation
3 References to operations of keno licensees and appointed agents . . . . . . . 14
4 References to particular agency agreements . . . . . . . . . . . . . . . . . . . . . . . . . 15
5 References to particular approved keno games . . . . . . . . . . . . . . . . . . . . . . . 15
6 References to particular associated keno agreements . . . . . . . . . . . . . . . . . 15
7 References to particular keno agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 References to particular keno employee licences . . . . . . . . . . . . . . . . . . . . 15
9 References to particular keno licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 References to particular keno licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--LAWFULNESS OF KENO GAMES
11 Lawful activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Relationship with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 3--KENO LICENSEES
Division 1--Issue of keno licences
13 Minister may issue licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14 Issue of licence conditional on keno agreement . . . . . . . . . . . . . . . . . . . . . . 17
15 Conditions for entering into keno agreement . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Suitability of proposed keno licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 Suitability of business and executive associates . . . . . . . . . . . . . . . . . . . . . 19
18 Investigations about suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2
Keno
19 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Dealings with keno licences
20 Transfer of licence prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Mortgage of licence prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Amendment of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Suspension and cancellation of keno licences
24 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Copy of show cause notice to be given to interested persons . . . . . . . . . . . 22
27 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Censuring keno licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
31 Notice by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Suspension, cancellation and appointment of administrator . . . . . . . . . . . . 25
33 Terms of appointment, and role, of administrator . . . . . . . . . . . . . . . . . . . . . 26
34 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 26
Division 4--Investigations about suitability of persons
35 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
37 Requirement to give information or material for investigation . . . . . . . . . . 28
Division 5--General provisions about keno licences
38 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
39 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
40 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Justiciability of decisions about licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 4--LICENSED KENO EMPLOYEES
Division 1--Licensing requirements
42 Exempt keno employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
43 Carrying out functions as keno employee . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 Employing keno employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3
Keno
Division 2--Key operators
45 Requirement that key operator apply for licence or end role . . . . . . . . . . . . 31
46 Requirement that key operator end role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
47 Requirement to end key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--Applications for, and issue of, keno employee licences
Subdivision 1--General applications
48 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
51 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
52 Investigation about suitability of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . 34
53 Decision about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 2--Applications by licensed casino employees
54 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
55 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Issue of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 3--Conditions of licences
57 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4--Dealings with keno employee licences
58 Changing conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Replacement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
60 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 5--Suspension and cancellation of keno employee licences
61 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
63 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
64 Censuring licensed keno employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
65 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
66 Suspension and cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
67 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 41
Division 6--Investigation of licensed keno employees
68 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4
Keno
69 Investigations about suitability of licensed keno employees . . . . . . . . . . . . 42
70 Requirement to give information or material for investigation . . . . . . . . . . 43
Division 7--General provisions about keno employee licences
71 Requirement for additional information or documents to support
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
72 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
73 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
74 Lapsing of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 8--Requirements about employment of keno employees
76 Notice of start of keno employee's employment . . . . . . . . . . . . . . . . . . . . . . 45
77 Returns about keno employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Notice of end of keno employee's employment . . . . . . . . . . . . . . . . . . . . . . 45
79 Requirement to end licensed keno employee's employment . . . . . . . . . . . . 46
Division 9--Requirements about association with key operators
80 Notice of end of key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
81 Requirement to end key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 10--General offences
82 False statements by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
83 Display of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 5--KENO AGENTS AND SUBAGENTS
Division 1--Agency agreements
84 Entering into agency agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
85 Conditions for entering into agency agreement . . . . . . . . . . . . . . . . . . . . . . . 48
86 Notice of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
87 Condition for amending agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 49
88 Notice delaying start of keno agent's operations . . . . . . . . . . . . . . . . . . . . . 49
89 Start of keno agent's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
90 Returns about keno agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
91 Notice of change of keno agent's place of operation . . . . . . . . . . . . . . . . . . 50
Division 2--Appointment of subagents
92 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
93 Notice of keno subagent's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
5
Keno
94 Returns about keno subagents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
95 Notice of change of keno subagent's place of operation . . . . . . . . . . . . . . . 51
Division 3--Terminating agency agreements and appointment of
keno subagents
96 Grounds for termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
97 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
98 Suspending appointed agent's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
99 Censuring appointed agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
100 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
101 Directions to terminate affecting appointed agents . . . . . . . . . . . . . . . . . . . 56
102 Termination of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
103 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
104 Notice of termination of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
105 Notice of termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 4--Investigations about suitability of persons
106 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
107 Requirement to give information or material for investigation . . . . . . . . . . 59
108 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 6--KENO TAX AND LICENCE FEE
109 Requirement to pay keno tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
110 Calculating keno tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
111 Monthly gross revenue return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
112 Keno licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
113 Application of keno tax and licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
114 Penalty for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
115 Recovery of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
116 Revenue offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 7--COMPLIANCE REQUIREMENTS
Division 1--Control system for conducting keno games
117 Keno games to be conducted under approved control system . . . . . . . . . . . 63
118 Control system submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
119 Control system (change) submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
120 Consideration of, and decisions about, submissions . . . . . . . . . . . . . . . . . . . 65
6
Keno
121 Direction to change approved control system . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 2--Keno records
122 Notices about keeping keno records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
123 Keno records to be kept at certain place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
124 Keno records to be kept for required period . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 3--Financial accounts, statements and reports
125 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
126 Preparation of financial statements and accounts . . . . . . . . . . . . . . . . . . . . . 68
127 Submission of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 4--Financial institution accounts
128 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
129 Use of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 5--Audit
130 Audit of keno licensee's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
131 Completion of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
132 Further information following audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 8--CONDUCT OF APPROVED KENO GAMES
Division 1--Agreements relating to keno licensee's operations
133 Approval of ancillary keno agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
134 Entering into ancillary keno agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
135 Review of related agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
136 Show cause notice for related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
137 Direction to terminate related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 2--Operations of keno licensees and agents
138 Keno rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
139 Responsibility of keno licensee for licensee's acts . . . . . . . . . . . . . . . . . . . 74
140 Responsibility of keno licensee for acts of appointed agents . . . . . . . . . . . 74
141 Responsibility of appointed agent for agent's acts . . . . . . . . . . . . . . . . . . . . 74
142 Places of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
143 Times of conduct of approved keno games . . . . . . . . . . . . . . . . . . . . . . . . . . 75
144 Claims for prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
145 Approval of regulated keno equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
7
Keno
146 Use of regulated keno equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
147 Deposit advance accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
148 Extending credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
149 Keno advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
150 Directions about keno advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
151 Inquiries about complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
152 Claims for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
153 Banning excessive gamblers from playing approved keno games . . . . . . . . 80
154 Reporting improper behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3--Keno gaming offences
155 Cheating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
156 Forgery and deception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
157 Impersonating licensed keno employees or officials . . . . . . . . . . . . . . . . . . 84
158 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
159 Keno gaming by licensed keno or casino employees . . . . . . . . . . . . . . . . . . 85
160 Key officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
161 Keno gaming by key officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
162 Relationship of key officials with authorised keno operators . . . . . . . . . . . . 86
163 Relationship of key officials with prospective keno licensees . . . . . . . . . . 87
164 Relationship of authorised keno operators with key officials . . . . . . . . . . . . 87
165 Keno gaming by minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
166 Allowing minors to take part in keno gaming . . . . . . . . . . . . . . . . . . . . . . . . 88
PART 9--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
167 Persons who are inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
168 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
169 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
170 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
171 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 2--Powers of inspectors
Subdivision 1--Power to enter places
172 Entry without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
8
Keno
173 Entry with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 2--Consents and warrants for entry
174 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
175 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
176 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
177 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
178 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
179 Evidence about special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Subdivision 3--General powers
180 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
181 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
182 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
183 Role of police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 4--Power to seize evidence
184 Seizing evidence at keno gaming places . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
185 Seizing evidence at places other than keno gaming places . . . . . . . . . . . . 97
186 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
187 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
188 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
189 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
190 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
191 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
192 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Subdivision 5--Power to give directions to stop using things
193 Direction to stop using thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
194 Requirements about stop directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
195 Failure to comply with stop direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Subdivision 6--Power to obtain information
196 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
197 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
198 Steps police officer may take for failure to give name and address . . . . . 103
199 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 104
9
Keno
200 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
201 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
202 Power to require attendance of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
203 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . 106
204 Power to require financial records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
205 Effect of compliance with financial records requirement . . . . . . . . . . . . . . 107
206 Failure to comply with financial records requirement . . . . . . . . . . . . . . . . 108
Division 3--Powers of Minister
207 Direction about management practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 4--General enforcement matters
208 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
209 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
210 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
211 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
212 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 5--General enforcement offences
213 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
214 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 112
215 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
216 Steps police officer may take for obstruction . . . . . . . . . . . . . . . . . . . . . . . 113
PART 10--LEGAL PROCEEDINGS
Division 1--Evidence
217 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
218 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
219 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
220 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Division 2--Proceedings
221 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
222 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
223 Limitation on who may summarily hear indictable offence proceedings . 117
224 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . 117
225 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 117
10
Keno
226 Executive officers must ensure corporation complies with Act . . . . . . . . . 118
227 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PART 11--APPEALS
228 Appeals by keno licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
229 Appeals by applicants for keno employee licences . . . . . . . . . . . . . . . . . . 119
230 Appeals by licensed keno employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
231 Appeals by keno agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
232 Appeals by keno subagents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
233 Appeals by other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
234 Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
235 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
236 Stay of operations of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
237 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
238 Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
239 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
PART 12--MISCELLANEOUS
240 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
241 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
242 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
243 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
PART 13--CONSEQUENTIAL AMENDMENTS
244 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 125
DECISIONS NOT SUBJECT TO APPEAL
PART 1--DECISIONS OF GOVERNOR IN COUNCIL . . . . . . . . . . . . . . 125
PART 2--DECISIONS OF MINISTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 127
DECISIONS OF CHIEF EXECUTIVE SUBJECT TO APPEAL
PART 1--DECISIONS AFFECTING KENO LICENSEES . . . . . . . . . . . . 127
PART 2--DECISIONS AFFECTING LICENSED KENO EMPLOYEES . 127
PART 3--DECISIONS AFFECTING KENO AGENTS . . . . . . . . . . . . . . . 128
PART 4--DECISIONS AFFECTING KENO SUBAGENTS . . . . . . . . . . . 128
11
Keno
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 129
CONSEQUENTIAL AMENDMENTS
ART UNIONS AND PUBLIC AMUSEMENTS ACT 1992 . . . . . . . . . . . . 129
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
LIQUOR ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
RACING AND BETTING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 133
DICTIONARY
1996
A BILL
FOR
An Act to provide for the conduct of certain keno games, and for
other purposes
s1 14 s3
Keno
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
1. This Act may be cited as the Keno Act 1996. 5
dictionary 6
Definitions--the
2. The dictionary in schedule 4 defines particular words used in this Act.1 7
Division 2--Interpretation 8
to operations of keno licensees and appointed agents 9
References
3.(1) In this Act, a reference to the operations of a keno licensee is a 10
reference to the licensee's operations as a keno licensee. 11
(2) In this Act, a reference to the operations of an appointed agent is a 12
reference to the agent's operations as an appointed agent. 13
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition that only applies to the
section, or a part of the section, it is generally not signposted by an entry in the
dictionary. If this type of definition is set out in a separate subsection, the
subsection is generally the last subsection of the section.
Signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where these definitions can be found.
For example, the definition ` "keno agreement" see section 14' tells the reader
that the term "keno agreement" is defined in section 14.
s4 15 s8
Keno
to particular agency agreements 1
References
4. In this Act, a reference to an agency agreement in association with a 2
reference to a keno agent is a reference to the agency agreement providing 3
for the keno agent's appointment. 4
to particular approved keno games 5
References
5.(1) In this Act, a reference to an approved keno game in association 6
with a reference to a keno licensee is a reference to an approved keno game 7
conducted by the keno licensee. 8
(2) In this Act, a reference to an approved keno game in association with 9
a reference to an appointed agent is a reference to an approved keno game 10
conducted by the principal keno licensee. 11
to particular associated keno agreements 12
References
6. In this Act, a reference to an associated keno agreement in association 13
with a reference to a keno licence is a reference to the keno agreement in 14
relation to which the keno licence is issued. 15
to particular keno agents 16
References
7.(1) In this Act, a reference to a keno agent in association with a 17
reference to an agency agreement is a reference to the keno agent appointed 18
under the agency agreement. 19
(2) In this Act, a reference to a keno agent in association with a reference 20
to a keno subagent is a reference to the keno agent by whom the keno 21
subagent was appointed. 22
to particular keno employee licences 23
References
8. In this Act, a reference to a keno employee licence in association with 24
a reference to a licensed keno employee is a reference to the keno employee 25
licence held by the licensed keno employee. 26
s9 16 s 11
Keno
to particular keno licences 1
References
9. In this Act, a reference to a keno licence in association with a reference 2
to a keno licensee is a reference to the keno licence held by the keno 3
licensee. 4
to particular keno licensees 5
References
10.(1) In this Act, a reference to a keno licensee in association with a 6
reference to a keno licence is a reference to the keno licensee who holds the 7
keno licence. 8
(2) In this Act, a reference to a keno licensee in association with a 9
reference to a keno agent is a reference to the keno licensee by whom the 10
keno agent was appointed. 11
(3) In this Act, a reference to a principal keno licensee in association with 12
a reference to a keno subagent is a reference to the keno licensee who is the 13
principal keno licensee for the keno subagent. 14
(4) In this Act, a reference to a keno licensee in association with a 15
reference to an agency agreement is a reference to the keno licensee by 16
whom a keno agent is appointed under the agreement. 17
ART 2--LAWFULNESS OF KENO GAMES 18
P
activities 19
Lawful
11. The following activities are lawful-- 20
(a) the conduct of a keno game by a keno licensee under a keno 21
licence in accordance with this Act and the associated keno 22
agreement; 23
(b) the carrying on of operations as an appointed agent in accordance 24
with this Act and any agency agreement in relation to a keno 25
game conducted, or purporting to be conducted, by a keno 26
licensee under a keno licence; 27
(c) the playing of a keno game conducted, or purporting to be 28
s 12 17 s 14
Keno
conducted, by a keno licensee under a keno licence; 1
(d) the use by a keno licensee of keno equipment in the conduct of a 2
keno game by the licensee under the keno licence; 3
(e) the use by an appointed agent of keno equipment in the conduct, 4
or purported conduct, of a keno game by a keno licensee under a 5
keno licence; 6
(f) the use of keno equipment in playing a keno game conducted, or 7
purporting to be conducted, by a keno licensee under a keno 8
licence; 9
(g) the doing of anything else required or authorised to be done under 10
this Act. 11
with other laws 12
Relationship
12. Section 11 has effect despite any other law dealing with gaming. 13
ART 3--KENO LICENSEES 14
P
1--Issue of keno licences 15
Division
may issue licence 16
Minister
13. The Minister may issue a keno licence to a person. 17
of licence conditional on keno agreement 18
Issue
14. The Minister may issue a keno licence to a person only if-- 19
(a) a written agreement (a "keno agreement") has been entered into 20
between the Minister on behalf of the State and the person about 21
the proposed conduct of keno games by the person under a keno 22
licence; and 23
(b) any terms or conditions stated in the agreement or this Act 24
s 15 18 s 16
Keno
required to be complied with by the person before a keno licence 1
is issued have been complied with. 2
for entering into keno agreement 3
Conditions
15. Before entering into a keno agreement, the Minister must be satisfied 4
that-- 5
(a) the person with whom the agreement is proposed to be entered 6
into (the "proposed keno licensee") is a suitable person to hold a 7
keno licence; and 8
(b) each business and executive associate of the proposed keno 9
licensee is a suitable person to be associated with a keno 10
licensee's operations. 11
of proposed keno licensee 12
Suitability
16.(1) In deciding whether a proposed keno licensee is a suitable person 13
to hold a keno licence, the Minister may have regard to the following 14
issues-- 15
(a) the person's character; 16
(b) the person's financial position and background; 17
(c) if the person is not an individual--whether the person has, or has 18
arranged, a satisfactory ownership, trust or corporate structure; 19
(d) whether the person has, or is able to obtain, appropriate resources 20
and appropriate services; 21
(e) whether the person has the appropriate business ability to 22
successfully conduct keno games under a keno licence; 23
(f) if the person has a business association with another entity--the 24
entity's character and financial position and background; 25
(g) any other issues prescribed under a regulation. 26
(2) In subsection (1)-- 27
"appropriate resources" means financial resources the Minister considers 28
are adequate to ensure the financial viability of operations conducted 29
under a keno licence. 30
s 17 19 s 19
Keno
"appropriate services" means the services of persons who have 1
appropriate experience-- 2
(a) in the conduct or operation of keno games; or 3
(b) to enable keno games to be successfully conducted or operated. 4
of business and executive associates 5
Suitability
17. In deciding whether a business or executive associate of a proposed 6
keno licensee is a suitable person to be associated with a keno licensee's 7
operations, the Minister may have regard to the following issues-- 8
(a) the person's character and financial position and background; 9
(b) if the person has a business association with another entity--the 10
entity's character and financial position and background; 11
(c) any other issues prescribed under a regulation. 12
about suitability of persons 13
Investigations
18.(1) The chief executive may make investigations about a proposed 14
keno licensee to help the Minister to decide whether the person is a suitable 15
person to hold a keno licence. 16
(2) The chief executive may make investigations about a business or 17
executive associate of a proposed keno licensee to help the Minister to 18
decide whether the person is a suitable person to be associated with a keno 19
licensee's operations. 20
of licence 21
Conditions
19. The Minister may issue a keno licence on conditions the Minister 22
considers necessary or desirable-- 23
(a) in the public interest; or 24
(b) for the proper conduct of keno games by the keno licensee. 25
s 20 20 s 24
Keno
2--Dealings with keno licences 1
Division
of licence prohibited 2
Transfer
20. A keno licensee must not transfer the keno licence to another person. 3
of licence prohibited 4
Mortgage
21. A keno licensee must not mortgage, or encumber in another way, the 5
keno licence, or the rights or benefits under the associated keno agreement. 6
of licence 7
Amendment
22.(1) This section applies if, after the issue of a keno licence, the parties 8
to the associated keno agreement amend the agreement in a way that affects 9
the accuracy of a matter stated in the licence. 10
(2) The keno licensee must return the licence to the Minister for 11
amendment. 12
(3) The Minister must return the amended licence to the licensee after 13
making the appropriate amendment. 14
of licence 15
Surrender
23. A keno licensee may surrender the keno licence only after giving 16
written notice of the proposed surrender to the Minister-- 17
(a) at least 3 months before the surrender; or 18
(b) if the Minister, by written notice given to the licensee approves a 19
shorter period of notice--before the time approved by the 20
Minister. 21
Division 3--Suspension and cancellation of keno licences 22
for suspension or cancellation 23
Grounds
24.(1) Each of the following is a ground for suspending or cancelling a 24
keno licence-- 25
s 24 21 s 24
Keno
(a) the keno licensee is not, or is no longer, a suitable person to hold 1
a keno licence; 2
(b) a business or executive associate of the keno licensee is not, or is 3
no longer, a suitable person to be associated with a keno 4
licensee's operations; 5
(c) the keno licensee has been convicted of an offence against this 6
Act or a Gaming Act; 7
(d) the keno licensee has been convicted of an indictable offence; 8
(e) the keno licensee has breached the associated keno agreement in a 9
way that entitles the State to terminate the agreement; 10
(f) the keno licensee has contravened a condition of the licence; 11
(g) the keno licensee has contravened a provision of this Act (being a 12
provision a contravention of which does not constitute an offence 13
against this Act); 14
(h) the associated keno agreement was entered into by the Minister 15
on behalf of the State because of a materially false or misleading 16
representation or declaration; 17
(i) the keno licensee has failed to discharge the licensee's financial 18
commitments for the licensee's operations; 19
(j) the keno licensee is bankrupt, has compounded with creditors or 20
otherwise taken, or applied to take, advantage of any law about 21
bankruptcy; 22
(k) the keno licensee is the subject of a winding-up, either voluntarily 23
or under a court order, appointment of a liquidator or appointment 24
of a receiver or receiver and manager under the Corporations 25
Law. 26
(2) For forming a belief that the ground mentioned in subsection (1)(a) 27
exists, the Minister may have regard to the same issues to which the 28
Minister may have regard in deciding whether a proposed keno licensee is a 29
suitable person to hold a keno licence. 30
(3) For forming a belief that the ground mentioned in subsection (1)(b) 31
exists, the Minister may have regard to the same issues to which the 32
Minister may have regard in deciding whether a business or executive 33
s 25 22 s 26
Keno
associate of a proposed keno licensee is a suitable person to be associated 1
with a keno licensee's operations. 2
cause notice 3
Show
25.(1) This section applies if the Minister believes-- 4
(a) a ground exists to suspend or cancel a keno licence; and 5
(b) the act, omission or other thing constituting the ground is of a 6
serious and fundamental nature; and 7
(c) either-- 8
(i) the integrity of the conduct of keno games by the keno 9
licensee may be jeopardised in a material way; or 10
(ii) the public interest may be affected in an adverse and material 11
way. 12
(2) The Minister must give the keno licensee a written notice (a "show 13
cause notice") that-- 14
(a) states the action (the "proposed action") the Minister proposes 15
taking under this division; and 16
(b) states the grounds for the proposed action; and 17
(c) outlines the facts and circumstances forming the basis for the 18
grounds; and 19
(d) if the proposed action is suspension of the licence--states the 20
proposed suspension period; and 21
(e) invites the licensee to show within a stated period (the "show 22
cause period") why the proposed action should not be taken. 23
(3) The show cause period must end not less than 21 days after the show 24
cause notice is given to the keno licensee. 25
of show cause notice to be given to interested persons 26
Copy
26.(1) The Minister must promptly give a copy of the show cause notice 27
to each person (an "interested person") the Minister believes has an 28
interest in the keno licence if the Minister considers-- 29
s 27 23 s 28
Keno
(a) the person's interest may be affected adversely by the suspension 1
or cancellation of the licence; and 2
(b) it is otherwise appropriate in the circumstances to give the copy of 3
the notice to the person. 4
(2) In considering whether it is appropriate to give a copy of the show 5
cause notice to an interested person, the issues to which the Minister may 6
have regard include the following-- 7
(a) the nature of the interested person's interest; 8
(b) whether the keno licensee's interest may be improperly 9
prejudiced. 10
(3) An interested person to whom a copy of the show cause notice is 11
given may make representations about the notice to the Minister in the show 12
cause period. 13
of representations 14
Consideration
27. The Minister must consider all written representations (the "accepted 15
representations") made during the show cause period by-- 16
(a) the keno licensee; or 17
(b) an interested person to whom a copy of the show cause notice is 18
given. 19
suspension 20
Immediate
28.(1) The Minister may suspend a keno licence immediately if the 21
Minister believes-- 22
(a) a ground exists to suspend or cancel the licence; and 23
(b) the circumstances are so extraordinary that it is imperative to 24
suspend the licence immediately to ensure-- 25
(i) the public interest is not affected in an adverse and material 26
way; or 27
(ii) the integrity of the conduct of keno games by the keno 28
licensee is not jeopardised in a material way. 29
s 29 24 s 30
Keno
(2) The suspension-- 1
(a) must be effected by written notice (a "suspension notice") given 2
to the keno licensee with a show cause notice; and 3
(b) operates immediately the suspension notice is given; and 4
(c) continues to operate until the show cause notice is finally dealt 5
with. 6
keno licensee 7
Censuring
29.(1) This section applies if the Minister-- 8
(a) believes a ground exists to suspend or cancel a keno licence; but 9
(b) does not believe the giving of a show cause notice to the keno 10
licensee is warranted. 11
(2) This section also applies if, after considering the accepted 12
representations for a show cause notice, the Minister-- 13
(a) still believes a ground exists to suspend or cancel a keno licence; 14
but 15
(b) does not believe suspension or cancellation of the licence is 16
warranted. 17
(3) The Minister may, by written notice given to the keno licensee, 18
censure the licensee for a matter relating to the ground for suspension or 19
cancellation. 20
to rectify 21
Direction
30.(1) This section applies if, after considering the accepted 22
representations for a show cause notice, the Minister-- 23
(a) still believes a ground exists to suspend or cancel a keno licence; 24
but 25
(b) considers a matter relating to the ground for suspension or 26
cancellation is capable of being rectified and that it is appropriate 27
to give the keno licensee an opportunity to rectify the matter. 28
(2) The Minister may, by written notice given to the keno licensee, direct 29
s 31 25 s 32
Keno
the licensee to rectify the matter within the period stated in the notice. 1
(3) The period stated must be reasonable, having regard to the nature of 2
the matter to be rectified. 3
by Minister 4
Notice
31.(1) This section applies if, after considering the accepted 5
representations for a show cause notice, the Minister still believes-- 6
(a) a ground exists to suspend or cancel a keno licence; and 7
(b) the act, omission or other thing constituting the ground is of a 8
serious and fundamental nature; and 9
(c) either-- 10
(i) the integrity of the conduct of keno games by the keno 11
licensee may be jeopardised in a material way; or 12
(ii) the public interest may be affected in an adverse and material 13
way. 14
(2) This section also applies if a keno licensee fails to comply with a 15
direction to rectify a matter within the period stated in the relevant notice. 16
(3) The Minister must give written notice of the Minister's belief, or of 17
the keno licensee's failure to comply with the direction, to the Governor in 18
Council. 19
cancellation and appointment of administrator 20
Suspension,
32.(1) If a notice is given by the Minister under section 31, the Governor 21
in Council may-- 22
(a) if the proposed action stated in the show cause notice was to 23
suspend the keno licence for a stated period--suspend the licence 24
for not longer than the stated period; or 25
(b) if the proposed action stated in the show cause notice was to 26
cancel the keno licence-- 27
(i) suspend the licence for a period; or 28
(ii) cancel the licence; or 29
s 33 26 s 34
Keno
(iii) appoint an administrator to conduct the operations of the 1
keno licensee under the licence. 2
(2) The Minister must promptly give written notice of the decision of the 3
Governor in Council to the keno licensee. 4
(3) The decision takes effect on the later of the following-- 5
(a) the day the notice is given to the keno licensee; 6
(b) the day of effect stated in the notice. 7
of appointment, and role, of administrator 8
Terms
33.(1) This section applies to an administrator appointed by the Governor 9
in Council to conduct operations under a keno licence. 10
(2) For any matter not provided for under this Act, the administrator 11
holds office on terms decided by the Governor in Council. 12
(3) The administrator-- 13
(a) has full control of, and responsibility for, the operations of the 14
keno licensee conducted under the keno licence; and 15
(b) subject to any directions of the Minister, must conduct the 16
operations in accordance with this Act and the associated keno 17
agreement as if the administrator were the keno licensee. 18
(4) The costs of and incidental to the conduct and administration of a 19
keno licensee's operations by an administrator under this section are 20
payable by the keno licensee. 21
or reduction of period of suspension 22
Cancellation
34.(1) If a keno licence is suspended, at any time the suspension is in 23
force, the Governor in Council may, for any remaining period of 24
suspension-- 25
(a) cancel the period; or 26
(b) reduce the period by a stated period. 27
(2) The Minister must promptly give written notice of the decision of the 28
Governor in Council to the keno licensee. 29
s 35 27 s 36
Keno
Division 4--Investigations about suitability of persons 1
program 2
Audit
35.(1) The Minister may approve an audit program for investigating 3
keno licensees, or business or executive associates of keno licensees. 4
(2) The chief executive is responsible for ensuring an investigation of a 5
person under an approved audit program is conducted in accordance with 6
the program. 7
(3) A person may be investigated under an audit program only once 8
every 2 years. 9
10
Investigations
36.(1) The chief executive may investigate a keno licensee to help the 11
Minister to decide whether the person is a suitable person to hold, or to 12
continue to hold, a keno licence. 13
(2) The chief executive may investigate a business or executive associate 14
of a keno licensee to help the Minister to decide whether the person is, or 15
continues to be, a suitable person to be associated with a keno licensee's 16
operations. 17
(3) However, the chief executive may investigate a keno licensee only 18
if-- 19
(a) the Minister reasonably suspects the licensee is not, or is no 20
longer, a suitable person to hold a keno licence; or 21
(b) the investigation is made under an audit program for keno 22
licensees approved by the Minister. 23
(4) Also, the chief executive may investigate a business or executive 24
associate of a keno licensee only if-- 25
(a) the Minister reasonably suspects the person is not, or is no 26
longer, a suitable person to be associated with a keno licensee's 27
operations; or 28
(b) the investigation is made under an audit program for business and 29
executive associates of keno licensees approved by the Minister; 30
or 31
s 37 28 s 38
Keno
(c) the person-- 1
(i) became a business or executive associate of the licensee after 2
the issue of the keno licence; and 3
(ii) has not been investigated previously under an audit program 4
mentioned in paragraph (b). 5
to give information or material for investigation 6
Requirement
37.(1) In investigating a keno licensee, or business or executive associate 7
of a keno licensee, the chief executive may, by written notice given to the 8
person, require the person to give the chief executive information or 9
material the chief executive considers is relevant to the investigation. 10
(2) When making the requirement, the chief executive must warn the 11
person it is an offence to fail to comply with the requirement, unless the 12
person has a reasonable excuse. 13
(3) The person must comply with the requirement, unless the person has 14
a reasonable excuse. 15
Maximum penalty--200 penalty units or 2 years imprisonment. 16
(4) It is a reasonable excuse for the person not to comply with the 17
requirement if complying with the requirement might tend to incriminate 18
the person. 19
(5) The person does not commit an offence against this section if the 20
information or material sought by the chief executive is not in fact relevant 21
to the investigation. 22
Division 5--General provisions about keno licences 23
of licence 24
Form
38.(1) A keno licence must be in the approved form. 25
(2) The approved form must provide for the inclusion of the following 26
particulars-- 27
(a) the date of issue of the licence; 28
(b) the name of the keno licensee; 29
s 39 29 s 41
Keno
(c) the conditions of the licence; 1
(d) other particulars prescribed under a regulation. 2
of licence 3
Term
39.(1) A keno licence is for the term stated in the associated keno 4
agreement. 5
(2) Subsection (1) applies subject to this Act. 6
about person's criminal history 7
Reports
40.(1) If the chief executive, in making an investigation about a person 8
under section 18 or 36 2 asks the commissioner of the police service for a 9
written report about the person's criminal history, the commissioner must 10
give the report to the chief executive. 11
(2) However, the report is required to contain only criminal history in the 12
commissioner's possession or to which the commissioner has access. 13
of decisions about licence 14
Justiciability
41.(1) A decision of the Governor in Council or Minister made, or 15
appearing to be made, under this Act about a keno licence, or person with 16
an interest or potential interest in a keno licence-- 17
(a) is final and conclusive; and 18
(b) cannot be challenged, appealed against, reviewed, quashed, set 19
aside, or called in question in another way, under the Judicial 20
Review Act 1991 or otherwise (whether by the Supreme Court, 21
another court, a tribunal or another entity); and 22
(c) is not subject to any writ or order of the Supreme Court, another 23
court, a tribunal or another entity on any ground. 24
(2) The decisions to which subsection (1) applies include, but are not 25
limited to-- 26
2 Section 18 (Investigations about suitability of persons)
Section 36 (Investigations)
s 42 30 s 42
Keno
(a) a decision of the Governor in Council mentioned in schedule 1, 1
part 1; and 2
(b) a decision of the Minister mentioned in schedule 1, part 2. 3
(3) In this section-- 4
"decision" includes-- 5
(a) conduct engaged in to make a decision; and 6
(b) conduct related to making a decision; and 7
(c) failure to make a decision. 8
PART 4--LICENSED KENO EMPLOYEES 9
1--Licensing requirements 10
Division
keno employee 11
Exempt
42.(1) The chief executive may declare-- 12
(a) a keno employee to be an exempt keno employee; or 13
(b) a class of keno employees to be an exempt class of keno 14
employees. 15
(2) The chief executive may make a declaration only if the chief executive 16
is satisfied-- 17
(a) the functions of the employee, or of each employee included in 18
the class, relating to the conduct of approved keno games, are 19
minor; and 20
(b) the licensing of the employee, or of each employee included in the 21
class, is not warranted. 22
(3) A declaration must be made in writing. 23
s 43 31 s 45
Keno
out functions as keno employee 1
Carrying
43. A person must not, as an employee of a keno licensee, carry out 2
functions relating to the conduct of approved keno games unless-- 3
(a) the person is a licensed keno employee; or 4
(b) in relation to the functions, the person is an exempt keno 5
employee. 6
Maximum penalty--100 penalty units or 1 year's imprisonment. 7
keno employees 8
Employing
44. A keno licensee must not employ a person as a keno employee 9
unless-- 10
(a) the person is a licensed keno employee; or 11
(b) in relation to the person's functions, the person is an exempt keno 12
employee. 13
2--Key operators 14
Division
that key operator apply for licence or end role 15
Requirement
45.(1) If the chief executive reasonably believes a person is a key 16
operator for a keno licensee, the chief executive may, by written notice 17
given to the person, require the person either to apply for a keno employee 18
licence, or to stop being a key operator of the licensee, within 7 days of 19
receiving the notice. 20
(2) The person must comply with the requirement within 7 days of 21
receiving the notice, unless the person has a reasonable excuse. 22
Maximum penalty--100 penalty units or 1 year's imprisonment. 23
(3) The chief executive must give a copy of the notice to the keno 24
licensee. 25
(4) A requirement under this section is called a "key operator's 26
requirement". 27
s 46 32 s 47
Keno
that key operator end role 1
Requirement
46.(1) If the chief executive refuses to approve an application for a keno 2
employee licence made by a person of whom a key operator's requirement 3
is made, the chief executive may, by written notice given to the person, 4
require the person to stop being a key operator of the keno licensee within 5
the time stated in the notice. 6
(2) The person must comply with the requirement within the time stated 7
in the notice, unless the person has a reasonable excuse. 8
Maximum penalty for subsection (2)--100 penalty units 1 year's 9
imprisonment. 10
to end key operator's role 11
Requirement
47.(1) This section applies if a key operator's requirement is made of a 12
person and-- 13
(a) the person fails to comply with the requirement; or 14
(b) the chief executive refuses to approve an application for a keno 15
employee licence made by the person. 16
(2) The chief executive may, by written notice given to the keno licensee 17
for whom the person is a key operator, require the licensee to end the 18
association with the person within the time stated in the notice. 19
(3) The keno licensee must comply with the requirement. 20
(4) This section applies to a keno licensee despite another Act or law. 21
(5) A keno licensee does not incur any liability because the licensee ends 22
an association with a person under this section. 23
s 48 33 s 51
Keno
3--Applications for, and issue of, keno employee licences 1
Division
Subdivision 1--General applications 2
of subdivision 3
Application
48. This subdivision does not apply to an application for a keno 4
employee licence to which subdivision 2 applies. 5
for licence 6
Application
49.(1) An application for a keno employee licence must be made to the 7
chief executive in the approved form. 8
(2) An application must be accompanied by-- 9
(a) a letter from a keno licensee addressed to the chief executive 10
stating that the licensee intends to employ the applicant as a keno 11
employee on the applicant being issued with a keno employee 12
licence; and 13
(b) any documents prescribed under a regulation; and 14
(c) the application fee prescribed under a regulation. 15
(3) Subsection (2)(a) does not apply to an application made by a person 16
of whom a key operator's requirement has been made. 17
of application 18
Consideration
50.(1) The chief executive must consider an application for a keno 19
employee licence and either grant or refuse to grant the application. 20
(2) Despite subsection (1), the chief executive is required to consider an 21
application only if the applicant agrees to having the applicant's photograph 22
and fingerprints taken. 23
for granting application 24
Conditions
51.(1) The chief executive may grant an application for a keno employee 25
licence only if-- 26
s 52 34 s 54
Keno
(a) the applicant's photograph and fingerprints have been taken; and 1
(b) the chief executive is satisfied the applicant is a suitable person to 2
hold a keno employee licence. 3
(2) In deciding whether the applicant is a suitable person to hold a keno 4
employee licence, the chief executive may have regard to the following 5
issues-- 6
(a) the applicant's character; 7
(b) the applicant's financial position and background; 8
(c) the applicant's general suitability to carry out the functions of a 9
keno employee or to be a key operator for a keno licensee. 10
about suitability of applicant 11
Investigation
52. The chief executive may make investigations about an applicant for a 12
keno employee licence to help the chief executive to decide whether the 13
applicant is a suitable person to hold a keno employee licence. 14
about application 15
Decision
53.(1) If the chief executive decides to grant an application for a keno 16
employee licence, the chief executive must promptly issue the licence to the 17
applicant. 18
(2) If the chief executive decides to refuse to grant an application for a 19
keno employee licence, the chief executive must promptly give the applicant 20
an information notice about the decision. 21
2--Applications by licensed casino employees 22
Subdivision
of subdivision 23
Application
54. This subdivision applies to an application for a keno employee 24
licence if-- 25
(a) the application is made by a person who is a licensed casino 26
employee; and 27
s 55 35 s 57
Keno
(b) the casino key employee licence or casino employee licence held 1
by the licensed casino employee is not suspended. 2
for licence 3
Application
55. An application for a keno employee licence must-- 4
(a) be made to the chief executive; and 5
(b) be in the approved form; and 6
(c) be accompanied by a letter from a keno licensee addressed to the 7
chief executive stating the licensee intends to employ the applicant 8
as a keno employee on the applicant being issued with a keno 9
employee licence. 10
of licence 11
Issue
56. On an application being made under this subdivision, the chief 12
executive must promptly issue a keno employee licence to the applicant. 13
Subdivision 3--Conditions of licences 14
15
Conditions
57.(1) The chief executive may issue a keno employee licence on 16
conditions the chief executive considers necessary or desirable-- 17
(a) in the public interest; or 18
(b) for the proper conduct of keno games by a keno licensee. 19
(2) If the chief executive decides to issue a keno employee licence on 20
conditions, the chief executive must promptly give the applicant an 21
information notice about the decision. 22
s 58 36 s 59
Keno
4--Dealings with keno employee licences 1
Division
conditions of licence 2
Changing
58.(1) The chief executive may decide to change the conditions of a keno 3
employee licence if the chief executive considers it is necessary or desirable 4
to make the change-- 5
(a) in the public interest; or 6
(b) for the proper conduct of keno games by a keno licensee. 7
(2) If the chief executive decides to change the conditions, the chief 8
executive must promptly give the licensed keno employee an information 9
notice about the decision. 10
(3) The licensed keno employee must return the licence to the chief 11
executive within 7 days of receiving the information notice, unless the 12
employee has a reasonable excuse. 13
Maximum penalty--40 penalty units. 14
(4) On receiving the licence, the chief executive must-- 15
(a) amend the licence in an appropriate way and return the amended 16
licence to the licensed keno employee; or 17
(b) if the chief executive does not consider it is practical to amend the 18
licence--issue another keno employee licence, incorporating the 19
changed conditions, to the licensed keno employee to replace the 20
licence returned to the chief executive. 21
(5) The change of the conditions of a keno employee licence under this 22
section does not depend on the licence being amended to record the change 23
or a replacement licence being issued. 24
(6) The power of the chief executive under subsection (1) includes the 25
power to add conditions to an unconditional licence. 26
of licence 27
Replacement
59.(1) A licensed keno employee may apply to the chief executive for the 28
replacement of a lost, stolen, destroyed or damaged keno employee licence. 29
(2) The chief executive must consider an application and either grant or 30
s 60 37 s 61
Keno
refuse to grant the application. 1
(3) The chief executive must grant an application if the chief executive is 2
satisfied the licence has been lost, stolen or destroyed, or damaged in a way 3
to require its replacement. 4
(4) If the chief executive decides to grant an application, the chief 5
executive must, on payment of the fee prescribed under a regulation, issue 6
another keno employee licence to the applicant to replace the lost, stolen, 7
destroyed or damaged licence. 8
(5) If the chief executive decides to refuse to grant an application, the 9
chief executive must promptly give the applicant an information notice 10
about the decision. 11
of licence 12
Surrender
60.(1) A licensed keno employee may surrender the keno employee 13
licence by written notice given to the chief executive. 14
(2) The surrender takes effect on the later of the following-- 15
(a) the day the notice is given to the chief executive; 16
(b) the day of effect stated in the notice. 17
(3) If, at the time of the surrender, the chief executive believes the 18
licensed keno employee was employed by a keno licensee, the chief 19
executive must give written notice of the surrender to the licensee. 20
Division 5--Suspension and cancellation of keno employee licences 21
for suspension or cancellation 22
Grounds
61.(1) Each of the following is a ground for suspending or cancelling a 23
keno employee licence-- 24
(a) the licensed keno employee is not, or is no longer, a suitable 25
person to hold a keno employee licence; 26
(b) the licensed keno employee has been convicted of an offence 27
against this Act or a Gaming Act; 28
(c) the licensed keno employee has been convicted of an indictable 29
s 62 38 s 62
Keno
offence; 1
(d) the licensed keno employee has contravened a condition of the 2
licence; 3
(e) the licensed keno employee has contravened a provision of this 4
Act (being a provision a contravention of which does not 5
constitute an offence against this Act); 6
(f) the licence was issued because of a materially false or misleading 7
representation or declaration. 8
(2) For forming a belief that the ground mentioned in subsection (1)(a) 9
exists, the chief executive may have regard to the same issues to which the 10
chief executive may have regard in deciding whether an applicant for a keno 11
employee licence is a suitable person to hold a keno employee licence. 12
cause notice 13
Show
62.(1) If the chief executive believes a ground exists to suspend or cancel 14
a keno employee licence, the chief executive must give the licensed keno 15
employee a written notice under this section (a "show cause notice"). 16
(2) The show cause notice must-- 17
(a) state the action (the "proposed action") the chief executive 18
proposes taking under this division; and 19
(b) state the grounds for the proposed action; and 20
(c) outline the facts and circumstances forming the basis for the 21
grounds; and 22
(d) if the proposed action is suspension of the licence--state the 23
proposed suspension period; and 24
(e) invite the employee to show within a stated period (the "show 25
cause period") why the proposed action should not be taken. 26
(3) The show cause period must end not less than 21 days after the show 27
cause notice is given to the employee. 28
(4) If the chief executive believes the employee is currently employed by, 29
or a key operator of, a keno licensee-- 30
(a) the chief executive must promptly give a copy of the show cause 31
s 63 39 s 63
Keno
notice to the licensee; and 1
(b) the licensee may make representations about the notice to the 2
chief executive in the show cause period. 3
(5) The chief executive must consider all written representations (the 4
"accepted representations") made during the show cause period by-- 5
(a) the employee; or 6
(b) a keno licensee to whom a copy of the show cause notice is 7
given. 8
suspension 9
Immediate
63.(1) The chief executive may suspend a keno employee licence 10
immediately if the chief executive believes-- 11
(a) a ground exists to suspend or cancel the licence; and 12
(b) it is necessary to suspend the licence immediately-- 13
(i) in the public interest; or 14
(ii) to ensure the integrity of the conduct of approved keno 15
games is not jeopardised. 16
(2) The suspension-- 17
(a) must be effected by written notice (a "suspension notice") given 18
to the licensed keno employee with a show cause notice; and 19
(b) operates immediately the suspension notice is given; and 20
(c) continues to operate until the show cause notice is finally dealt 21
with. 22
(3) The suspension notice must state the reason for the decision to 23
suspend the licence immediately. 24
(4) If the chief executive believes the employee is currently employed by, 25
or a key operator of, a keno licensee, the chief executive must promptly give 26
a copy of the suspension notice to the licensee. 27
s 64 40 s 65
Keno
licensed keno employee 1
Censuring
64.(1) This section applies if, after considering the accepted 2
representations for a show cause notice, the chief executive-- 3
(a) still believes a ground exists to suspend or cancel a keno 4
employee licence; but 5
(b) does not believe suspension or cancellation of the licence is 6
warranted. 7
(2) The chief executive may, by written notice given to the licensed keno 8
employee, censure the employee for a matter relating to the ground for 9
suspension or cancellation. 10
(3) The notice must state the reason for the decision to censure the 11
licensed keno employee. 12
(4) If the chief executive believes the employee is currently employed by, 13
or a key operator of, a keno licensee, the chief executive must promptly give 14
a copy of the notice to the licensee. 15
to rectify 16
Direction
65.(1) This section applies if, after considering the accepted 17
representations for a show cause notice, the chief executive-- 18
(a) still believes a ground exists to suspend or cancel a keno 19
employee licence; but 20
(b) considers a matter relating to the ground for suspension or 21
cancellation is capable of being rectified and that it is appropriate 22
to give the licensed keno employee an opportunity to rectify the 23
matter. 24
(2) The chief executive may, by written notice given to the licensed keno 25
employee, direct the employee to rectify the matter within the period stated 26
in the notice. 27
(3) The notice must state the reason for the decision to give the direction. 28
(4) The period stated in the notice must be reasonable, having regard to 29
the nature of the matter to be rectified. 30
(5) If the chief executive believes the employee is currently employed by, 31
s 66 41 s 67
Keno
or a key operator of, a keno licensee, the chief executive must promptly give 1
a copy of the notice to the licensee. 2
and cancellation of licence 3
Suspension
66.(1) This section applies if, after considering the accepted 4
representations for a show cause notice, the chief executive-- 5
(a) still believes a ground exists to suspend or cancel a keno 6
employee licence; and 7
(b) believes suspension or cancellation of the licence is warranted. 8
(2) This section also applies if a licensed keno employee fails to comply 9
with a direction to rectify a matter within the period stated in the relevant 10
notice. 11
(3) The chief executive may-- 12
(a) if the proposed action stated in the show cause notice was to 13
suspend the licence for a stated period--suspend the licence for 14
not longer than the stated period; or 15
(b) if the proposed action stated in the show cause notice was to 16
cancel the licence--either cancel the licence or suspend it for a 17
period. 18
(4) The chief executive must promptly give an information notice about 19
the decision to-- 20
(a) the licensed keno employee; and 21
(b) if the chief executive believes the employee is currently employed 22
by, or a key operator of, a keno licensee--the licensee. 23
(5) The decision takes effect on the later of the following-- 24
(a) the day the information notice is given to the licensed keno 25
employee; 26
(b) the day of effect stated in the notice. 27
or reduction of period of suspension 28
Cancellation
67.(1) If a keno employee licence is suspended, at any time the 29
s 68 42 s 69
Keno
suspension is in force, the chief executive may, for any remaining period of 1
suspension-- 2
(a) cancel the period; or 3
(b) reduce the period by a stated period. 4
(2) The chief executive may cancel or reduce the period only if the chief 5
executive considers it is appropriate to take the action. 6
(3) The chief executive must promptly give written notice of the decision 7
to-- 8
(a) the licensed keno employee; and 9
(b) if, when the keno employee licence was suspended, the employee 10
was employed by, or a key operator of, a keno licensee--the 11
licensee. 12
Division 6--Investigation of licensed keno employees 13
program 14
Audit
68.(1) The chief executive may approve an audit program for 15
investigating licensed keno employees. 16
(2) The chief executive is responsible for ensuring an investigation of a 17
licensed keno employee under an approved audit program is conducted in 18
accordance with the program. 19
(3) A licensed keno employee may be investigated under an audit 20
program only once every 2 years. 21
about suitability of licensed keno employees 22
Investigations
69.(1) The chief executive may investigate a licensed keno employee to 23
help the chief executive to decide whether the employee is a suitable person 24
to hold, or to continue to hold, a keno employee licence. 25
(2) However, the chief executive may investigate a licensed keno 26
employee only if-- 27
(a) the chief executive reasonably suspects the employee is not, or is 28
no longer, a suitable person to hold a keno employee licence; or 29
s 70 43 s 71
Keno
(b) the investigation is made under an audit program for licensed 1
keno employees approved by the chief executive. 2
to give information or material for investigation 3
Requirement
70.(1) In investigating a licensed keno employee, the chief executive 4
may, by written notice given to the employee, require the employee to give 5
the chief executive information or material the chief executive considers is 6
relevant to the investigation. 7
(2) When making the requirement, the chief executive must warn the 8
employee it is an offence to fail to comply with the requirement, unless the 9
employee has a reasonable excuse. 10
(3) The employee must comply with the requirement, unless the 11
employee has a reasonable excuse. 12
Maximum penalty--200 penalty units or 2 years imprisonment. 13
(4) It is a reasonable excuse for the employee not to comply with the 14
requirement if complying with the requirement might tend to incriminate 15
the employee. 16
(5) The employee does not commit an offence against this section if the 17
information or material sought by the chief executive is not in fact relevant 18
to the investigation. 19
Division 7--General provisions about keno employee licences 20
for additional information or documents to support 21
Requirement
applications 22
71.(1) The chief executive may, by written notice given to an applicant 23
under this part, require the applicant to give the chief executive further 24
information or another document about the application. 25
(2) The requirement must relate to information or a document the giving 26
of which is necessary and reasonable to help the chief executive decide the 27
application. 28
(3) The chief executive may refuse to grant the application if the applicant 29
fails to comply with the requirement without a reasonable excuse. 30
s 72 44 s 75
Keno
of licence 1
Form
72.(1) A keno employee licence must be in the approved form. 2
(2) The approved form must provide for the inclusion of the following 3
particulars-- 4
(a) the employee's name; 5
(b) a recent photograph of the employee; 6
(c) the date of issue of the licence; 7
(d) the conditions of the licence; 8
(e) other particulars prescribed under a regulation. 9
of licence 10
Term
73. A keno employee licence remains in force unless it lapses or is 11
cancelled or surrendered. 12
of licence 13
Lapsing
74.(1) A keno employee licence held by a keno employee lapses-- 14
(a) 1 year after the licensed keno employee last ceased to be 15
employed as a keno employee by a keno licensee; or 16
(b) if the licensed keno employee is not employed as a keno 17
employee by a keno licensee for 1 year after being issued with the 18
licence--at the end of the year. 19
(2) A keno employee licence held by a key operator lapses 1 year after 20
the key operator last ceased to be a key operator for a keno licensee. 21
about person's criminal history 22
Reports
75.(1) If the chief executive, in making an investigation about a person 23
under section 52 3 or 694 asks the commissioner of the police service for a 24
written report about the person's criminal history, the commissioner must 25
3 Section 52 (Investigation about suitability of applicant)
4 Section 69 (Investigations about suitability of licensed keno employees)
s 76 45 s 78
Keno
give the report to the chief executive. 1
(2) However, the report is required to contain only criminal history in the 2
commissioner's possession or to which the commissioner has access. 3
8--Requirements about employment of keno employees 4
Division
of start of keno employee's employment 5
Notice
76. Within 7 days after a licensed or exempt keno employee starts 6
employment with a keno licensee, the licensee must notify the chief 7
executive of the start of the employment by notice in the approved form. 8
Maximum penalty--40 penalty units. 9
about keno employees 10
Returns
77.(1) The chief executive may, by written notice given to a keno 11
licensee, require the licensee to give a return under this section. 12
(2) The notice must state the time (not less than 14 days after the notice is 13
given) for giving the return. 14
(3) A notice must not be given under this section within 1 month after 15
the giving of a previous notice. 16
(4) If a keno licensee is given a notice under subsection (1), the licensee 17
must give a return as required by this section listing the licensed and exempt 18
keno employees currently employed by the licensee. 19
Maximum penalty--40 penalty units. 20
(5) The return must-- 21
(a) be in the approved form; and 22
(b) be given to the chief executive within the time stated in the notice. 23
of end of keno employee's employment 24
Notice
78.(1) This section applies if-- 25
(a) a keno licensee ends the employment of a licensed or exempt 26
s 79 46 s 80
Keno
keno employee; or 1
(b) a licensed or exempt keno employee ends the employee's 2
employment with a keno licensee; or 3
(c) a licensed or exempt keno employee otherwise ceases to be 4
employed by a keno licensee. 5
(2) Within 7 days after the licensed or exempt keno employee stops 6
being employed by the keno licensee, the licensee must notify the chief 7
executive of the end of the employment by notice in the approved form. 8
Maximum penalty--40 penalty units. 9
to end licensed keno employee's employment 10
Requirement
79.(1) This section applies if-- 11
(a) a keno employee licence held by a keno employee employed by a 12
keno licensee is cancelled or suspended; or 13
(b) a keno employee employed by a keno licensee ceases to hold a 14
keno employee licence for another reason. 15
(2) The chief executive may, by written notice given to the keno licensee, 16
require the licensee to end the keno employee's employment as a keno 17
employee within the time stated in the notice. 18
(3) The keno licensee must comply with the requirement. 19
(4) This section applies to a keno licensee despite another Act or law or 20
any industrial award or agreement. 21
(5) A keno licensee does not incur any liability because the licensee ends 22
the employment of a person under this section. 23
Division 9--Requirements about association with key operators 24
of end of key operator's role 25
Notice
80.(1) This section applies if a person holds a keno employee licence as a 26
key operator and the person stops being a key operator for a keno licensee. 27
(2) Within 7 days after the person stops being a key operator for the keno 28
s 81 47 s 83
Keno
licensee, the licensee must notify the chief executive of that fact by notice in 1
the approved form. 2
Maximum penalty--40 penalty units. 3
to end key operator's role 4
Requirement
81.(1) This section applies if-- 5
(a) a keno employee licence held by a person as a key operator of a 6
keno licensee is cancelled or suspended; or 7
(b) a key operator of a keno licensee ceases to hold a keno employee 8
licence for another reason. 9
(2) The chief executive may, by written notice given to the keno licensee, 10
require the licensee to end the association with the person within the time 11
stated in the notice. 12
(3) The keno licensee must comply with the requirement. 13
(4) This section applies to a keno licensee despite another Act or law. 14
(5) A keno licensee does not incur any liability because the licensee ends 15
an association with a person under this section. 16
10--General offences 17
Division
statements by applicants 18
False
82. A person must not state anything in an application made under this 19
part the person knows is false or misleading in a material particular. 20
Maximum penalty--40 penalty units. 21
of identification 22
Display
83. A licensed keno employee carrying out functions relating to the 23
conduct of approved keno games must-- 24
(a) if asked by another person--produce an approved form of 25
identification for the other person's inspection; or 26
s 84 48 s 85
Keno
(b) have an approved form of identification displayed so it is clearly 1
visible to other persons. 2
Maximum penalty--40 penalty units. 3
PART 5--KENO AGENTS AND SUBAGENTS 4
1--Agency agreements 5
Division
into agency agreements 6
Entering
84. A keno licensee may enter into an agreement (an "agency 7
agreement") with a person providing for the following-- 8
(a) the appointment of the person as an agent of the licensee for the 9
conduct of keno games by the licensee under the keno licence; 10
(b) the person's authority as an agent; 11
(c) the conditions under which the person acts as, and remains, an 12
agent of the licensee; 13
(d) other matters agreed between the licensee and person. 14
for entering into agency agreement 15
Conditions
85.(1) A keno licensee may enter into an agency agreement only with a 16
person prescribed under a regulation as a person eligible to be a keno agent. 17
(2) A keno licensee may enter into an agency agreement only if the 18
agreement-- 19
(a) is in a form approved by the chief executive; and 20
(b) includes a provision stating the appointed person may not start 21
operating as a keno agent until the qualifying period for the 22
agreement ends; and 23
(c) states the agent's place of operation; and 24
(d) includes any other provisions required by the chief executive. 25
s 86 49 s 89
Keno
of agency agreement 1
Notice
86. Within 7 days after entering into an agency agreement, the keno 2
licensee must inform the chief executive of the keno agent's name and place 3
of operation. 4
for amending agency agreement 5
Condition
87. A keno licensee may agree to amend an agency agreement only with 6
the written approval of the chief executive. 7
delaying start of keno agent's operations 8
Notice
88.(1) The chief executive may, by written notice (a "qualification 9
notice") given to a keno agent, extend the basic qualifying period for the 10
agency agreement until a day (the "final qualification day") stated in the 11
notice. 12
(2) The chief executive may give the notice only if the chief executive 13
reasonably believes-- 14
(a) the keno agent is not a suitable person to be a keno agent; or 15
(b) a business or executive associate of the keno agent is not a 16
suitable person to be associated with a keno agent's operations. 17
(3) The notice must be given before the basic qualifying period for the 18
agreement ends. 19
(4) The final qualification day must be a day within 28 days after the end 20
of the basic qualifying period. 21
(5) At any time before the final qualification day, the chief executive may 22
withdraw the qualification notice by written notice given to the keno agent. 23
(6) The chief executive must give a copy of the qualification notice and a 24
notice under subsection (5) to the keno licensee with whom the agency 25
agreement is entered into. 26
of keno agent's operations 27
Start
89. A keno agent must not start operating as a keno agent until the 28
qualifying period for the agency agreement ends. 29
s 90 50 s 93
Keno
about keno agents 1
Returns
90.(1) A keno licensee must give a return as required by this section 2
listing the current keno agents of the licensee. 3
Maximum penalty--40 penalty units. 4
(2) The return must-- 5
(a) be in the approved form; and 6
(b) be given to the chief executive at least once every 6 months. 7
of change of keno agent's place of operation 8
Notice
91.(1) This section applies if a keno agent changes, or proposes to 9
change, the agent's place of operation and the keno licensee becomes aware 10
of the change or proposed change. 11
(2) Within 7 days after the keno licensee becomes aware of the change or 12
proposed change, the licensee must inform the chief executive of the keno 13
agent's new, or proposed new, place of operation. 14
2--Appointment of subagents 15
Division
16
Appointment
92.(1) A keno agent may appoint a person (a "keno subagent") as an 17
agent of the keno agent for the conduct of keno games by the keno licensee 18
for whom the keno agent acts. 19
(2) However, a keno agent may appoint a keno subagent only if the keno 20
agent is authorised under the agency agreement to make the appointment. 21
of keno subagent's appointment 22
Notice
93. Within 7 days after a keno licensee becomes aware of the 23
appointment of a keno subagent by a keno agent of the licensee, and of the 24
subagent's name and place of operation, the licensee must inform the chief 25
executive of the subagent's name and place of operation. 26
s 94 51 s 96
Keno
eturns about keno subagents 1
R
94.(1) A keno licensee must give a return as required by this section 2
listing the current keno subagents appointed by keno agents of the licensee. 3
Maximum penalty--40 penalty units. 4
(2) The return must-- 5
(a) be in the approved form; and 6
(b) be given to the chief executive at least once every 6 months. 7
(3) Subsection (1) applies to a keno licensee, in relation to a keno 8
subagent, only-- 9
(a) if the licensee is aware of the subagent's appointment; and 10
(b) to the extent the particulars about the subagent required to be 11
stated in the approved form are known to the licensee. 12
of change of keno subagent's place of operation 13
Notice
95.(1) This section applies if a keno subagent changes, or proposes to 14
change, the subagent's place of operation and the principal keno licensee 15
becomes aware of the change or proposed change. 16
(2) Within 7 days after the principal keno licensee becomes aware of the 17
change or proposed change, the licensee must inform the chief executive of 18
the keno subagent's new, or proposed new, place of operation. 19
Division 3--Terminating agency agreements and appointment of keno 20
subagents 21
for termination 22
Grounds
96.(1) Each of the following is a ground for directing the termination of 23
an agency agreement or the appointment of a keno subagent-- 24
(a) the appointed agent is not, or is no longer, a suitable person to be 25
an appointed agent; 26
(b) a business or executive associate of the appointed agent is not, or 27
is no longer, a suitable person to be associated with an appointed 28
s 97 52 s 97
Keno
agent's operations; 1
(c) the appointed agent has been convicted of an offence against this 2
Act or a Gaming Act; 3
(d) the appointed agent has been convicted of an indictable offence; 4
(e) the appointed agent has contravened a provision of this Act (being 5
a provision a contravention of which does not constitute an 6
offence against this Act). 7
(2) Also, it is a ground for directing the termination of an agency 8
agreement if the keno agent is not, or is no longer, a person who is eligible 9
to be a keno agent. 10
(3) For forming a belief that the ground mentioned in subsection (1)(a) 11
exists, the chief executive may have regard to the following issues-- 12
(a) the appointed agent's character; 13
(b) the appointed agent's financial position and background; 14
(c) the appointed agent's general suitability to act as an appointed 15
agent. 16
(4) For forming a belief that the ground mentioned in subsection (1)(b) 17
exists, the chief executive may have regard to the business or executive 18
associate's character and financial position and background. 19
cause notice 20
Show
97.(1) This section applies if the chief executive believes-- 21
(a) a ground exists for directing the termination of an agency 22
agreement or the appointment of a keno subagent; and 23
(b) the act, omission or other thing constituting the ground is of a 24
serious and fundamental nature; and 25
(c) either-- 26
(i) the integrity of the conduct of keno games by the principal 27
keno licensee may be jeopardised; or 28
(ii) the public interest may be affected adversely. 29
(2) The chief executive must give the appointed agent a written notice 30
s 98 53 s 98
Keno
(a "show cause notice") that-- 1
(a) states that the chief executive proposes to take action (the 2
"proposed action")-- 3
(i) if the appointed agent is a keno agent--to direct the keno 4
licensee to terminate the agency agreement; or 5
(ii) if the appointed agent is a keno subagent--to direct the keno 6
agent to terminate the subagent's appointment; and 7
(b) states the grounds for the proposed action; and 8
(c) outlines the facts and circumstances forming the basis for the 9
grounds; and 10
(d) invites the appointed agent to show within a stated period (the 11
"show cause period") why the proposed action should not be 12
taken. 13
(3) The show cause period must end not less than 21 days after the show 14
cause notice is given to the appointed agent. 15
(4) The chief executive must promptly give a copy of the show cause 16
notice to-- 17
(a) the appointed agent's principal; and 18
(b) if the appointed agent is a keno subagent--the principal keno 19
licensee. 20
(5) A keno licensee or agent to whom a copy of the show cause notice is 21
given may make representations about the notice to the chief executive in 22
the show cause period. 23
(6) The chief executive must consider all written representations (the 24
"accepted representations") made during the show cause period by-- 25
(a) the appointed agent; or 26
(b) a keno licensee or agent to whom a copy of the show cause notice 27
is given. 28
appointed agent's operations 29
Suspending
98.(1) This section applies if the chief executive believes-- 30
s 99 54 s 99
Keno
(a) a ground exists to direct the termination of an agency agreement 1
or the appointment of a keno subagent; and 2
(b) it is necessary to suspend the appointed agent's operations-- 3
(i) in the public interest; or 4
(ii) to ensure the integrity of the conduct of keno games by the 5
principal keno licensee is not jeopardised. 6
(2) The chief executive may suspend the appointed agent's operations. 7
(3) The suspension-- 8
(a) must be effected by written notice (a "suspension notice") given 9
to the appointed agent with a show cause notice; and 10
(b) operates immediately the suspension notice is given; and 11
(c) continues to operate until the show cause notice is finally dealt 12
with. 13
(4) The suspension notice must state the reason for the decision to 14
suspend the appointed agent's operations. 15
(5) The chief executive must promptly give a copy of the suspension 16
notice to-- 17
(a) the appointed agent's principal; and 18
(b) if the appointed agent is a keno subagent--the principal keno 19
licensee. 20
(6) A keno agent must not carry on operations as a keno agent while the 21
agent's operations are suspended. 22
Maximum penalty--200 penalty units or 2 years imprisonment. 23
(7) A keno subagent must not carry on operations as a keno subagent 24
while the subagent's operations are suspended. 25
Maximum penalty for subsection (7)--200 penalty units or 2 years 26
imprisonment. 27
appointed agent 28
Censuring
99.(1) This section applies if the chief executive-- 29
s 100 55 s 100
Keno
(a) believes a ground exists to direct the termination of an agency 1
agreement or the appointment of a keno subagent; but 2
(b) does not believe the giving of a show cause notice to the 3
appointed agent is warranted. 4
(2) This section also applies if, after considering the accepted 5
representations for a show cause notice, the chief executive-- 6
(a) still believes a ground exists to direct the termination of an agency 7
agreement or the appointment of a keno subagent; but 8
(b) does not believe termination of the agreement or appointment is 9
warranted. 10
(3) The chief executive may, by written notice given to the appointed 11
agent, censure the agent for a matter relating to the ground for directing the 12
termination of the agreement or appointment. 13
(4) The notice must state the reason for the decision to censure the 14
appointed agent. 15
(5) The chief executive must promptly give a copy of the notice to-- 16
(a) the appointed agent's principal; and 17
(b) if the appointed agent is a keno subagent--the principal keno 18
licensee. 19
to rectify 20
Direction
100.(1) This section applies if, after considering the accepted 21
representations for a show cause notice, the chief executive-- 22
(a) still believes a ground exists to direct the termination of an agency 23
agreement or the appointment of a keno subagent; but 24
(b) considers a matter relating to the ground is capable of being 25
rectified and that it is appropriate to give the appointed agent an 26
opportunity to rectify the matter. 27
(2) The chief executive may, by written notice given to the appointed 28
agent, direct the agent to rectify the matter within the period stated in the 29
notice. 30
(3) The notice must state the reason for the decision to give the direction. 31
s 101 56 s 101
Keno
(4) The period stated in the notice must be reasonable, having regard to 1
the nature of the matter to be rectified. 2
(5) The chief executive must promptly give a copy of the notice to-- 3
(a) the appointed agent's principal; and 4
(b) if the appointed agent is a keno subagent--the principal keno 5
licensee. 6
to terminate affecting appointed agents 7
Directions
101.(1) This section applies if, after considering the accepted 8
representations for a show cause notice, the chief executive still believes-- 9
(a) a ground exists to direct the termination of an agency agreement 10
or the appointment of a keno subagent; and 11
(b) the act, omission or other thing constituting the ground is of a 12
serious and fundamental nature; and 13
(c) either-- 14
(i) the integrity of the conduct of keno games by the principal 15
keno licensee may be jeopardised; or 16
(ii) the public interest may be affected adversely. 17
(2) This section also applies if an appointed agent fails to comply with a 18
direction to rectify a matter within the period stated in the relevant notice. 19
(3) If the ground mentioned in subsection (1)(a), or direction to rectify, 20
relates to an agency agreement, the chief executive must, by written notice 21
given to the keno licensee, direct the licensee to terminate the agreement 22
within the time stated in the notice.` 23
(4) If the ground mentioned in subsection 1)(a), or direction to rectify, 24
relates to a keno subagent's appointment, the chief executive must, by 25
written notice given to the subagent's principal, direct the principal to 26
terminate the subagent's appointment within the time stated in the notice. 27
(5) If the chief executive decides to give a direction under this section, the 28
chief executive must promptly give written notice of the decision to-- 29
(a) the appointed agent affected by the decision; and 30
(b) if the appointed agent is a keno subagent--the principal keno 31
s 102 57 s 103
Keno
licensee. 1
(6) A notice under subsection (3), (4) or (5) must state-- 2
(a) the reason for the decision to give the direction; and 3
(b) that the person to whom the notice is given may appeal against 4
the decision to a Magistrates Court within 28 days. 5
of agreement 6
Termination
102.(1) If the chief executive directs a keno licensee to terminate an 7
agency agreement, the licensee must-- 8
(a) terminate the agreement within the time stated in the notice giving 9
the direction; and 10
(b) notify the chief executive of the termination in the approved form 11
within 7 days after terminating the agreement. 12
(2) If the keno licensee does not terminate the agency agreement as 13
required by subsection (1), the agreement is terminated by this Act. 14
(3) The State does not incur any liability if an agency agreement is 15
terminated by a keno licensee under subsection (1) or by this Act. 16
(4) A keno licensee does not incur any liability because the licensee 17
terminates an agency agreement under subsection (1). 18
of appointment 19
Termination
103.(1) If the chief executive directs a keno agent to terminate a keno 20
subagent's appointment, the agent must-- 21
(a) terminate the appointment within the time stated in the notice 22
giving the direction; and 23
(b) notify the chief executive of the termination in the approved form 24
within 7 days after terminating the appointment. 25
(2) If the keno agent does not terminate the appointment as required by 26
subsection (1), the appointment is terminated by this Act. 27
(3) The State does not incur any liability if a keno subagent's 28
appointment is terminated by a keno agent under subsection (1) or by this 29
s 104 58 s 106
Keno
Act. 1
(4) A keno agent does not incur any liability because the agent terminates 2
a keno subagent's appointment under subsection (1). 3
of termination of agreement 4
Notice
104.(1) This section applies if an agency agreement is terminated 5
otherwise than because of a direction to terminate the agreement given to the 6
keno licensee by the chief executive. 7
(2) The keno licensee must notify the chief executive in writing of the 8
termination within 7 days after the agreement is terminated. 9
Maximum penalty--40 penalty units. 10
of termination of appointment 11
Notice
105.(1) This section applies if a keno subagent's appointment is 12
terminated otherwise than because of a direction to terminate the 13
appointment given to the keno agent by the chief executive. 14
(2) The keno agent must notify the chief executive in writing of the 15
termination within 7 days after the appointment is terminated. 16
Maximum penalty--40 penalty units. 17
Division 4--Investigations about suitability of persons 18
19
Investigations
106.(1) The chief executive may investigate an appointed agent to help 20
the chief executive to decide whether the person is, or continues to be, a 21
suitable person to be an appointed agent. 22
(2) The chief executive may investigate a business or executive associate 23
of an appointed agent to help the chief executive to decide whether the 24
person is, or continues to be, a suitable person to be associated with an 25
appointed agent's operations. 26
(3) However, the chief executive may investigate an appointed agent, or 27
business or executive associate of an appointed agent, only if the chief 28
s 107 59 s 108
Keno
executive reasonably suspects the person is not, or is no longer, a suitable 1
person to be an appointed agent, or to be associated with an appointed 2
agent's operations, as the case requires. 3
to give information or material for investigation 4
Requirement
107.(1) In investigating an appointed agent or business or executive 5
associate of an appointed agent, the chief executive may, by written notice 6
given to the person, require the person to give the chief executive 7
information or material the chief executive considers is relevant to the 8
investigation. 9
(2) When making the requirement, the chief executive must warn the 10
person it is an offence to fail to comply with the requirement, unless the 11
person has a reasonable excuse 12
(3) The person must comply with the requirement unless the person has 13
a reasonable excuse. 14
Maximum penalty--200 penalty units or 2 years imprisonment. 15
(4) It is a reasonable excuse for the person not to comply with the 16
requirement if complying with the requirement might tend to incriminate 17
the person. 18
(5) The person does not commit an offence against this section if the 19
information or material sought by the chief executive is not in fact relevant 20
to the investigation. 21
about person's criminal history 22
Reports
108.(1) If the chief executive, in making an investigation about a person 23
asks the commissioner of the police service for a written report about the 24
person's criminal history, the commissioner must give the report to the 25
chief executive. 26
(2) However, the report is required to contain only criminal history in the 27
commissioner's possession or to which the commissioner has access. 28
s 109 60 s 112
Keno
PART 6--KENO TAX AND LICENCE FEE 1
to pay keno tax 2
Requirement
109.(1) A keno licensee must pay to the chief executive a tax (a "keno 3
tax") for each month for the keno licence. 4
(2) The keno tax must be paid on or before the seventh day of the month 5
immediately following the month for which the keno tax is payable. 6
keno tax 7
Calculating
110.(1) The amount of keno tax to be paid is a percentage of the keno 8
licensee's gross revenue for the month for which the keno tax is payable. 9
(2) The percentage for subsection (1) is the percentage that applies under 10
the associated keno agreement for the relevant keno licence. 11
gross revenue return 12
Monthly
111.(1) A keno licensee must give the chief executive a return (a 13
"monthly gross revenue return") as required by this section each month 14
stating details of the licensee's gross revenue for the previous month. 15
Maximum penalty--40 penalty units. 16
(2) The return must-- 17
(a) be in the approved form; and 18
(b) be given not later than the day prescribed under a regulation. 19
licence fee 20
Keno
112.(1) A keno licensee must pay to the chief executive a fee (a "keno 21
licence fee") for the keno licence for each period (a "licence payment 22
period") stated in the associated keno agreement. 23
(2) The keno licence fee for each licence payment period-- 24
(a) is the amount stated in, or decided under, the associated keno 25
s 113 61 s 114
Keno
agreement; and 1
(b) must be paid at the time stated in the agreement. 2
of keno tax and licence fee 3
Application
113.(1) The chief executive must, for an amount of keno tax or keno 4
licence fee received under this part-- 5
(a) pay a proportion of the amount into the sport and recreation 6
benefit fund established under the Gaming Machine Act 1991, 7
section 166;5 and 8
(b) pay a proportion of the amount into the charities and rehabilitation 9
benefit fund established under the Gaming Machine Act 1991, 10
section 167;6 and 11
(c) pay any balance of the amount into the consolidated fund. 12
(2) The proportion of the amount of keno tax or keno licence fee to be 13
paid into a fund mentioned in subsection (1)(a) or (b) is the proportion 14
prescribed under a regulation for the fund. 15
for late payment 16
Penalty
114.(1) A keno licensee must pay to the chief executive a penalty for an 17
amount (the "unpaid amount") of keno tax or keno licence fee remaining 18
unpaid after the day the amount becomes payable. 19
(2) The penalty is the percentage prescribed under a regulation of the 20
unpaid amount, calculated immediately the amount becomes payable but is 21
not received by the chief executive. 22
(3) An additional penalty is payable by the keno licensee to the chief 23
executive for any part of the unpaid amount, and any previous penalty, 24
remaining unpaid-- 25
(a) at the end of 1 month starting on the day the unpaid amount first 26
became payable; and 27
5 Section 166 (Sport and recreation levy)
6 Section 167 (Charities and rehabilitation levy)
s 115 62 s 116
Keno
(b) at the end of each succeeding month starting-- 1
(i) on the day of the month corresponding to the day mentioned 2
in paragraph (a); or 3
(ii) if there is no corresponding day--on the first day of the 4
following month. 5
(4) The additional penalty is the percentage prescribed under a regulation 6
of each amount for which the penalty is payable. 7
(5) A penalty, or a part of a penalty, is not payable if the chief executive, 8
for a reason the chief executive considers appropriate, decides the penalty, 9
or the part of the penalty, need not be paid. 10
of amounts 11
Recovery
115. An amount of keno tax or keno licence fee, or penalty for a keno tax 12
or keno licence fee, payable to the chief executive under this part and 13
remaining unpaid is a debt payable to the Crown and may be recovered by 14
action in a court of competent jurisdiction. 15
offences 16
Revenue
116.(1) A keno licensee must not-- 17
(a) evade the payment of an amount payable by the licensee for a 18
keno tax or keno licence fee; or 19
(b) give the chief executive a monthly gross revenue return 20
containing information the licensee knows is false, misleading or 21
incomplete in a material particular. 22
Maximum penalty--200 penalty units or 2 years imprisonment. 23
(2) Subsection (1)(b) does not apply to a keno licensee if the licensee, 24
when giving the monthly gross revenue return-- 25
(a) informs the chief executive in writing, to the best of the licensee's 26
ability, how the return is false, misleading or incomplete; and 27
(b) if the licensee has, or can reasonably obtain, the correct 28
information--gives the correct information. 29
(3) It is enough for a complaint against a person for an offence against 30
s 117 63 s 118
Keno
subsection (1) to state that the document was false, misleading or 1
incomplete to the person's knowledge. 2
ART 7--COMPLIANCE REQUIREMENTS 3
P
1--Control system for conducting keno games 4
Division
games to be conducted under approved control system 5
Keno
117.(1) A keno licensee may conduct a keno game under the keno 6
licence only if-- 7
(a) the licensee has an approved control system that relates to keno 8
agents, or each class of keno agents, appointed by the licensee; 9
and 10
(b) the game is conducted under the system. 11
(2) A keno licensee may change the licensee's approved control system 12
only-- 13
(a) if directed by, or with the approval of, the chief executive; and 14
(b) in the way directed or approved by the chief executive. 15
system submission 16
Control
118.(1) A keno licensee may make a submission (a "control system 17
submission") to the chief executive for approval of the licensee's proposed 18
control system. 19
(2) A control system submission must be made in writing not later 20
than-- 21
(a) 90 days before the keno licensee proposes to start conducting 22
keno games under the keno licence; or 23
(b) if the chief executive considers it is appropriate to allow a 24
submission to be made at a later time--the time allowed by the 25
chief executive. 26
s 119 64 s 119
Keno
(3) A control system submission must describe and explain the 1
licensee's proposed control system. 2
(4) In particular, a control system submission must include information 3
about-- 4
(a) the following things to be used for the conduct of keno games-- 5
(i) accounting systems and procedures and chart of accounts; 6
(ii) administrative systems and procedures; 7
(iii) computer software; 8
(iv) standard forms and terms; and 9
(b) the general procedures to be followed for the conduct of keno 10
games; and 11
(c) the procedures and standards for the maintenance, security, 12
storage and transportation of equipment to be used for the 13
conduct of keno games; and 14
(d) the procedures for paying and recording amounts won at keno 15
games; and 16
(e) the procedures for using and maintaining security facilities. 17
(5) A control system submission may include information additional to 18
the information mentioned in subsection (4). 19
system (change) submission 20
Control
119.(1) A keno licensee may make a submission (a "control system 21
(change) submission") to the chief executive for approval to change the 22
licensee's approved control system. 23
(2) A control system (change) submission must be made in writing not 24
later than-- 25
(a) 90 days before the keno licensee proposes to start conducting 26
keno games under the approved control system, as proposed to 27
be changed; or 28
(b) if the chief executive considers it is appropriate to allow a 29
submission to be made at a later time--the time allowed by the 30
chief executive. 31
s 120 65 s 120
Keno
(3) A control system (change) submission must contain particulars of the 1
proposed changes of the licensee's approved control system. 2
of, and decisions about, submissions 3
Consideration
120.(1) This section applies to a control system submission or control 4
system (change) submission made to the chief executive by a keno licensee. 5
(2) The chief executive must consider the submission and either approve, 6
or refuse to approve, the licensee's proposed control system or proposed 7
change of the licensee's approved control system. 8
(3) In considering the submission, the chief executive may, by written 9
notice given to the keno licensee, require the licensee to give the chief 10
executive further information about the submission that is necessary and 11
reasonable to help the chief executive make a decision about the 12
submission. 13
(4) In considering whether to give an approval, the chief executive must 14
have regard to the following issues-- 15
(a) whether the submission satisfies the requirements under this 16
division for the submission; 17
(b) whether the licensee's proposed control system, or approved 18
control system as proposed to be changed, is capable of providing 19
satisfactory and effective control over the conduct of keno games. 20
(5) The chief executive may refuse to give an approval if the keno 21
licensee fails to comply with a requirement under subsection (3) without a 22
reasonable excuse. 23
(6) The chief executive must promptly give the keno licensee a written 24
notice of the chief executive's decision to give, or to refuse to give, an 25
approval. 26
(7) If the chief executive decides to refuse to give an approval, the notice 27
must state the reasons for the decision and, if the chief executive believes 28
the submission can easily be rectified to enable the chief executive to give an 29
approval, the notice also must-- 30
(a) explain how the submission may be changed; and 31
s 121 66 s 122
Keno
(b) invite the keno licensee to resubmit the submission after making 1
the appropriate changes. 2
to change approved control system 3
Direction
121.(1) The chief executive may, by written notice given to a keno 4
licensee, direct the licensee to change the licensee's approved control system 5
within the time, and in the way, stated in the notice. 6
(2) The keno licensee must comply with the direction. 7
(3) If the keno licensee does not comply with the direction, at the end of 8
the time stated in the notice, the licensee's approved control system is taken 9
to have been changed in the way stated in the notice. 10
2--Keno records 11
Division
about keeping keno records 12
Notices
122.(1) The chief executive may, by written notice given to a keno 13
licensee-- 14
(a) approve a place (the "approved place") nominated by the 15
licensee as the place where the licensee is required to keep the 16
licensee's keno records; or 17
(b) specify a keno record of the licensee (an "exempt keno record") 18
that is not required to be kept at the approved place; or 19
(c) specify a keno record of the licensee that may be kept temporarily 20
at a place other than the approved place, and the period for which, 21
or circumstances in which, the record may be kept at the other 22
place; or 23
(d) approve the keeping of information contained in a keno record of 24
the licensee in a way different from the way the information was 25
kept when the record was being used by the licensee; or 26
(e) approve the destruction of a keno record of the licensee the chief 27
executive considers need not be kept. 28
(2) A keno record mentioned in subsection (1)(c) is also an 29
s 123 67 s 124
Keno
"exempt keno record"-- 1
(a) for the period stated in the notice; or 2
(b) while the circumstances stated in the notice exist. 3
(3) The chief executive may specify a keno record for subsection (1)(b) 4
only if the chief executive considers there is sufficient reason for the keno 5
record to be kept at a place other than the approved place. 6
(4) The exercise of the chief executive's power under subsection (1)(d) 7
or (e) is subject to any other law about the retention or destruction of the 8
keno record. 9
records to be kept at certain place 10
Keno
123.(1) A keno licensee must keep the licensee's keno records at-- 11
(a) the licensee's principal place of business in the State or, if the 12
licensee is a corporation and has its registered office in the State, 13
at its registered office; or 14
(b) at an approved place for the records. 15
Maximum penalty--40 penalty units. 16
(2) Subsection (1) does not apply to an exempt keno record of the 17
licensee. 18
records to be kept for required period 19
Keno
124.(1) A keno licensee must keep a keno record of the licensee for 20
5 years after the end of the transaction to which the record relates. 21
Maximum penalty--40 penalty units. 22
(2) Subsection (1) does not apply to a keno record of the licensee if the 23
information previously contained in the record is kept in another way in 24
accordance with an approval of the chief executive. 25
(3) Also, subsection (1) does not apply to a keno record of the licensee 26
that has been destroyed in accordance with an approval of the chief 27
executive. 28
s 125 68 s 127
Keno
(4) Subsection (1) has effect subject to any other law about the retention 1
or destruction of the keno record. 2
Division 3--Financial accounts, statements and reports 3
of accounts 4
Keeping
125. A keno licensee must-- 5
(a) keep accounting records that correctly record and explain the 6
transactions and financial position for the licensee's operations 7
conducted under the keno licence; and 8
(b) keep the accounting records in a way that allows-- 9
(i) true and fair financial statements and accounts to be prepared 10
from time to time; and 11
(ii) the financial statements and accounts to be conveniently and 12
properly audited. 13
Maximum penalty--40 penalty units. 14
of financial statements and accounts 15
Preparation
126.(1) A keno licensee must prepare financial statements and accounts 16
as required by this section giving a true and fair view of the licensee's 17
financial operations conducted under the keno licence. 18
Maximum penalty--40 penalty units. 19
(2) The financial statements and accounts must include the following-- 20
(a) trading accounts, if applicable, for each financial year; 21
(b) profit and loss accounts for each financial year; 22
(c) a balance sheet as at the end of each financial year. 23
of reports 24
Submission
127.(1) A keno licensee must give reports to the chief executive as 25
required by this section about the licensee's operations conducted under the 26
s 127 69 s 127
Keno
keno licence. 1
Maximum penalty--40 penalty units. 2
(2) The reports must be given at the times stated in a written notice given 3
to the keno licensee by the chief executive. 4
(3) A report must be in the approved form. 5
(4) The chief executive may, by written notice given to a keno licensee, 6
require the licensee to give the chief executive further information about a 7
report within the time stated in the notice to help the chief executive acquire 8
a proper appreciation of the licensee's operations. 9
(5) A keno licensee must comply with a requirement under 10
subsection (4) within the time stated in the notice, unless the licensee has a 11
reasonable excuse. 12
Maximum penalty--40 penalty units. 13
(6) A keno licensee must not give the chief executive a report containing 14
information, or further information about a report, the licensee knows is 15
false, misleading or incomplete in a material particular. 16
Maximum penalty--40 penalty units. 17
(7) Subsection (6) does not apply to a keno licensee if the licensee, when 18
giving the report or further information-- 19
(a) informs the chief executive in writing, to the best of the licensee's 20
ability, how the return or information is false, misleading or 21
incomplete; and 22
(b) if the licensee has, or can reasonably obtain, the correct 23
information--gives the correct information. 24
(8) It is enough for a complaint against a person for an offence against 25
subsection (6) to state that the report or information was false, misleading 26
or incomplete to the person's knowledge. 27
s 128 70 s 131
Keno
4--Financial institution accounts 1
Division
of accounts 2
Keeping
128. A keno licensee must keep a financial institution account, or 3
financial institution accounts, approved by the chief executive for use for all 4
banking or similar transactions for the licensee's operations conducted 5
under the keno licence. 6
Maximum penalty--40 penalty units. 7
of accounts 8
Use
129. A keno licensee must not use a financial institution account 9
approved by the chief executive other than for a purpose for which it is 10
approved. 11
Maximum penalty--40 penalty units. 12
Division 5--Audit 13
of keno licensee's operations 14
Audit
130. As soon as practicable after the end of a financial year, a keno 15
licensee must, at the licensee's own expense, cause the licensee's books, 16
accounts and financial statements for the licensee's operations conducted 17
under the keno licence for the financial year to be audited by a registered 18
company auditor approved by the chief executive. 19
Maximum penalty--40 penalty units. 20
of audit 21
Completion
131.(1) The auditor must-- 22
(a) complete the audit within 3 months after the end of the financial 23
year; and 24
(b) immediately after completion of the audit, give a copy of the audit 25
report to the chief executive and keno licensee. 26
s 132 71 s 134
Keno
Maximum penalty--40 penalty units. 1
(2) Subsection (1)(a) does not apply to the auditor if, in the 2
circumstances, it would be unreasonable to require the auditor to comply 3
with the paragraph. 4
information following audit 5
Further
132.(1) On receiving a copy of the audit report, the chief executive may, 6
by written notice given to the keno licensee, require the licensee to give the 7
chief executive, within a reasonable time stated in the notice, further 8
information about a matter relating to the licensee's operations mentioned in 9
the audit report. 10
(2) A keno licensee must comply with a requirement under 11
subsection (1) within the time stated in the notice, unless the licensee has a 12
reasonable excuse. 13
Maximum penalty for subsection (2)--40 penalty units. 14
ART 8--CONDUCT OF APPROVED KENO GAMES 15
P
1--Agreements relating to keno licensee's operations 16
Division
of ancillary keno agreements 17
Approval
133.(1) A keno licensee may apply to the Minister for approval to enter 18
into an ancillary keno agreement. 19
(2) The Minister may give the approval if the Minister considers it is 20
appropriate or desirable in all the circumstances for the licensee to enter into 21
the agreement. 22
(3) An approval must be in writing. 23
into ancillary keno agreements 24
Entering
134. A keno licensee must not enter into, or be a party to, an ancillary 25
s 135 72 s 136
Keno
keno agreement without the written approval of the Minister. 1
Maximum penalty--40 penalty units. 2
of related agreements 3
Review
135.(1) The Minister may, by written notice given to a keno licensee, 4
require the licensee to give to the Minister, within the time stated in the 5
notice-- 6
(a) the information stated in the notice about a related agreement to 7
which the licensee is a party; and 8
(b) if the agreement is in writing--a copy of the agreement. 9
(2) Without limiting subsection (1), the information the Minister may 10
require to be given about the agreement includes the following-- 11
(a) the names of the parties; 12
(b) a description of any property, goods or other things, or any 13
services, supplied or to be supplied; 14
(c) the value or nature of the consideration; 15
(d) the term of the agreement. 16
(3) The keno licensee must comply with the requirement within the time 17
stated in the notice, unless the licensee has a reasonable excuse. 18
cause notice for related agreement 19
Show
136.(1) This section applies if, after considering the information given to 20
the Minister about a related agreement and, if appropriate, the contents of 21
the agreement, the Minister believes the continuance of the agreement-- 22
(a) may jeopardise the integrity of the conduct of keno games by the 23
keno licensee who is a party to the agreement; or 24
(b) may affect the public interest adversely. 25
(2) The Minister must give the keno licensee who is a party to the 26
agreement a written notice (a "show cause notice") that-- 27
(a) states the Minister proposes to take action to direct the termination 28
of the agreement (the "proposed action"); and 29
s 137 73 s 137
Keno
(b) states the grounds for the proposed action; and 1
(c) outlines the facts and circumstances forming the basis for the 2
grounds; and 3
(d) invites the licensee to show within a stated period (the "show 4
cause period") why the proposed action should not be taken. 5
(3) The show cause period must end not less than 21 days after the show 6
cause notice is given to the keno licensee. 7
(4) The Minister must promptly give a copy of the show cause notice to 8
each other person (an "interested person") who is a party to the 9
agreement. 10
(5) An interested person may make representations about the notice to 11
the Minister in the show cause period. 12
(6) The Minister must consider all written representations (the "accepted 13
representations") made during the show cause period by the keno licensee 14
or an interested person. 15
to terminate related agreement 16
Direction
137.(1) The Minister may direct the termination of a related agreement if, 17
after considering the accepted representations for a show cause notice, the 18
Minister still believes the continuance of the agreement-- 19
(a) may jeopardise the integrity of the conduct of keno games by the 20
keno licensee who is a party to the agreement; or 21
(b) may affect the public interest adversely. 22
(2) The direction must be given by written notice to each of the parties to 23
the agreement. 24
(3) The notice must state-- 25
(a) the reason for the decision to direct the termination of the related 26
agreement; and 27
(b) the time within which the agreement is required to be terminated. 28
(4) If the agreement is not terminated within the time stated in the notice, 29
it is terminated at the end of the time by this Act. 30
(5) The termination of the agreement under the direction or by this Act 31
s 138 74 s 141
Keno
does not affect any rights or liabilities acquired or incurred by a party to the 1
agreement before the termination. 2
(6) The State does not incur any liability if the agreement is terminated 3
under the direction or by this Act. 4
(7) A party to the agreement does not incur any liability for breach of the 5
agreement because the agreement is terminated under the direction. 6
2--Operations of keno licensees and agents 7
Division
rules 8
Keno
138.(1) For this Act, the Minister may make rules for the playing of a 9
game commonly known as keno. 10
(2) The rules are subordinate legislation. 11
of keno licensee for licensee's acts 12
Responsibility
139. A keno licensee, in doing an act for the conduct of a keno game by 13
the licensee under the keno licence, must ensure the act is done in 14
accordance with the rules for the playing of the game. 15
Maximum penalty--40 penalty units. 16
of keno licensee for acts of appointed agents 17
Responsibility
140.(1) This section applies to the doing of an act by an appointed agent 18
for the conduct of a keno game by the keno licensee who is the principal 19
keno licensee for the agent. 20
(2) The keno licensee must take reasonable steps to ensure the act is done 21
in accordance with the rules for the playing of the game. 22
Maximum penalty--40 penalty units. 23
of appointed agent for agent's acts 24
Responsibility
141. An appointed agent, in doing an act for the conduct of a keno game 25
by the principal keno licensee, must ensure the act is done in accordance 26
s 142 75 s 143
Keno
with the rules for the playing of the game. 1
Maximum penalty--40 penalty units. 2
of operation 3
Places
142.(1) A keno licensee must not carry on the licensee's operations at a 4
place other than a place that-- 5
(a) the licensee has, by notice given to the chief executive, nominated 6
as being the licensee's proposed place of operation; and 7
(b) has been approved by the chief executive. 8
Maximum penalty--200 penalty units or 2 years imprisonment. 9
(2) An appointed agent must not carry on the agent's operations at a 10
place other than a place that-- 11
(a) is prescribed under a regulation as an approved place for the 12
agent; and 13
(b) is stated in a notice given to the chief executive as being the 14
agent's place of operation. 15
Maximum penalty--200 penalty units or 2 years imprisonment. 16
(3) The notice mentioned in subsection (2) may be given by-- 17
(a) the appointed agent; or 18
(b) the appointed agent's principal; or 19
(c) if the appointed agent is a keno subagent--the principal keno 20
licensee. 21
of conduct of approved keno games 22
Times
143.(1) A keno licensee must not conduct a keno game under the keno 23
licence during a period prescribed under a regulation for this subsection. 24
Maximum penalty--200 penalty units or 2 years imprisonment. 25
(2) An appointed agent must not carry on operations for the conduct of a 26
keno game by the principal keno licensee during a period prescribed under a 27
regulation for this subsection. 28
s 144 76 s 145
Keno
Maximum penalty for subsection (2)--200 penalty units or 2 years 1
imprisonment. 2
for prizes 3
Claims
144. A claim for payment of a prize for an approved keno game must be 4
made within 5 years after the day on which the game was conducted. 5
of regulated keno equipment 6
Approval
145.(1) A keno licensee may apply to the chief executive-- 7
(a) for an approval for regulated keno equipment proposed to be used 8
in the conduct of keno games by the licensee under the keno 9
licence; or 10
(b) for approval to modify regulated keno equipment used in the 11
conduct of keno games by the licensee under the keno licence. 12
(2) The chief executive must-- 13
(a) consider an application; and 14
(b) if the chief executive believes it is necessary for the chief 15
executive to evaluate the equipment, or the equipment as 16
proposed to be modified, to decide the application--carry out the 17
evaluation as soon as practicable; and 18
(c) after completing the consideration of the application and carrying 19
out any necessary evaluation--approve, or refuse to approve, the 20
equipment or modification. 21
(3) Despite subsection (2)(b) and (c), the chief executive is not required 22
to carry out the evaluation, or decide the application, unless the fee 23
prescribed under a regulation for the evaluation has been paid. 24
(4) The chief executive must promptly give the keno licensee written 25
notice of the chief executive's decision. 26
(5) If the chief executive decides to refuse to give an approval, the notice 27
must state the reasons for the decision. 28
s 146 77 s 147
Keno
of regulated keno equipment 1
Use
146.(1) A keno licensee must not use any regulated keno equipment in 2
conducting a keno game under the keno licence unless the equipment is 3
approved keno equipment. 4
Maximum penalty--40 penalty units. 5
(2) An appointed agent must not use any regulated keno equipment for 6
the conduct of a keno game by the principal keno licensee unless the 7
equipment is approved keno equipment. 8
Maximum penalty--40 penalty units. 9
(3) A keno licensee or appointed agent must not modify approved keno 10
equipment unless the modification is approved by the chief executive in 11
writing. 12
Maximum penalty--40 penalty units. 13
(4) In this section-- 14
"approved keno equipment" means regulated keno equipment approved 15
by the chief executive under section 145 or the Casino Control 16
Act 1982, section 62.7 17
advance accounts 18
Deposit
147.(1) A keno licensee may establish a deposit advance account for a 19
person for use by the person in playing keno games conducted by the 20
licensee under the keno licence. 21
(2) The person may deposit amounts into the account in advance of 22
playing a keno game. 23
(3) The keno licensee may issue keno tickets to the person for keno 24
games conducted by the licensee under the keno licence of a value, or pay 25
cash to the person, up to the amount for the time being standing to the 26
person's credit in the account. 27
(4) In working out the amount for the time being standing to a person's 28
credit in a deposit advance account, the amount of a cheque deposited in the 29
account must not be taken into account until it has been cleared. 30
7 Section 62 (Gaming equipment and chips)
s 148 78 s 150
Keno
credit 1
Extending
148. An authorised keno operator must not make a loan or extend credit 2
in any form to a person to enable the person or another person to take part 3
in an approved keno game. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
advertising 6
Keno
149. A person who advertises the conduct of approved keno games must 7
take reasonable steps to ensure the advertisement-- 8
(a) is not indecent or offensive; and 9
(b) is based on fact; and 10
(c) is not false, deceptive or misleading in a material particular. 11
about keno advertising 12
Directions
150.(1) If the chief executive reasonably believes an advertisement about 13
the conduct of approved keno games does not comply with section 149, the 14
chief executive may direct the person appearing to be responsible for 15
authorising the advertisement to take the appropriate steps-- 16
(a) to stop the advertisement being shown; or 17
(b) to change the advertisement. 18
(2) The direction must-- 19
(a) be in writing; and 20
(b) state the grounds for the direction; and 21
(c) if the direction is a direction to change the advertisement--state 22
how the advertisement is required to be changed. 23
(3) A person to whom a direction is given must comply with the 24
direction, unless the person has a reasonable excuse. 25
Maximum penalty for subsection (3)--20 penalty units. 26
s 151 79 s 151
Keno
about complaints 1
Inquiries
151.(1) A keno licensee must inquire into-- 2
(a) a complaint made to the licensee by a person about-- 3
(i) the conduct of a keno game by the licensee under the keno 4
licence; or 5
(ii) if the licensee is the principal keno licensee for an appointed 6
agent--the carrying on of the appointed agent's operations 7
relating to the conduct of a keno game by the licensee; or 8
(b) a complaint referred to the licensee by the chief executive under 9
subsection (3). 10
(2) Within 21 days after the complaint is received by, or referred to, the 11
keno licensee, the licensee must give written notice of the result of the 12
inquiry to-- 13
(a) the complainant; and 14
(b) if the complaint was referred to the licensee by the chief 15
executive--the chief executive. 16
(3) If a complaint is made to the chief executive by a person about the 17
conduct of an approved keno game, or the conduct of an appointed agent's 18
operations relating to an approved keno game, the chief executive must 19
promptly-- 20
(a) inquire into the complaint; or 21
(b) if the chief executive believes the complaint has not previously 22
been referred to the keno licensee who conducted the keno game 23
and that it is appropriate to refer the complaint to the 24
licensee--refer the complaint to the keno licensee. 25
(4) The chief executive must promptly advise the complainant of-- 26
(a) the result of the chief executive's inquiry; or 27
(b) the chief executive's decision to refer the complaint to the keno 28
licensee. 29
(5) A complaint must-- 30
(a) be in writing; and 31
s 152 80 s 153
Keno
(b) state the complainant's name and address; and 1
(c) give appropriate details of the complaint. 2
for payment 3
Claims
152.(1) If a claim for payment of a prize for an approved keno game is 4
made to an authorised keno operator, the operator must-- 5
(a) immediately try to resolve the claim; and 6
(b) if the operator is not able to resolve the claim--by written notice 7
(a "claim result notice") given to the person, promptly inform 8
the person-- 9
(i) of the decision; and 10
(ii) that the person may, within 10 days of receiving the notice, 11
ask the chief executive to review the decision. 12
(2) If the person's claim is not resolved by the authorised keno operator, 13
the person may ask the chief executive-- 14
(a) if the person did not receive a claim result notice--to resolve the 15
claim; or 16
(b) if the person received a claim result notice--to review the 17
operator's decision. 18
(3) A request to the chief executive under subsection (2)-- 19
(a) must be in the approved form; and 20
(b) if the person received a claim result notice--must be made within 21
10 days after receiving the notice. 22
(4) If a request is made to the chief executive, the chief executive must 23
deal with the request in the way prescribed under a regulation. 24
excessive gamblers from playing approved keno games 25
Banning
153.(1) This section applies to an authorised keno operator if the operator 26
reasonably believes the peace and happiness of a person's family are 27
endangered because of excessive keno gaming by the person. 28
(2) For 1 month after the authorised keno operator first forms the belief, 29
s 154 81 s 154
Keno
the operator must not-- 1
(a) accept a completed entry form or subscription for an approved 2
keno game from-- 3
(i) the person; or 4
(ii) another person the operator reasonably suspects is acting for 5
the person; or 6
(b) issue a keno ticket for an approved keno game to-- 7
(i) the person; or 8
(ii) another person the operator reasonably suspects is acting for 9
the person; or 10
(c) otherwise allow-- 11
(i) the person to take part in keno gaming; or 12
(ii) another person the operator reasonably suspects is acting for 13
the person to take part in keno gaming. 14
(3) If the authorised keno operator is a keno licensee, subsection (2) 15
applies to an act or thing done by the licensee only if it is done directly by 16
the licensee at a place at which the licensee is entitled to carry on the 17
licensee's operations. 18
improper behaviour 19
Reporting
154.(1) This section applies if a keno licensee becomes aware, or 20
reasonably suspects, that-- 21
(a) a person, by a dishonest act, has obtained a benefit for the person 22
or another person in relation to a keno game conducted by the 23
licensee under the keno licence; or 24
(b) a keno agent, or an employee of a keno agent, of the licensee has 25
contravened a provision of this Act. 26
(2) This section also applies if an appointed agent becomes aware, or 27
reasonably suspects, that-- 28
(a) a person, by a dishonest act, has obtained a benefit for the person 29
or another person in relation to a keno game conducted by the 30
principal keno licensee; or 31
s 155 82 s 155
Keno
(b) if the appointed agent is a keno agent--a keno subagent, or an 1
employee of a keno subagent, of the agent has contravened a 2
provision of this Act. 3
(3) Within 3 days of becoming aware of, or suspecting, the dishonest act 4
or contravention, the keno licensee or appointed agent must give the chief 5
executive a written notice advising the chief executive of all facts known to 6
the licensee or agent about the matter. 7
Maximum penalty--200 penalty units or 2 years imprisonment. 8
(4) A person must not mistreat another person because-- 9
(a) the other person has given, or may give, a notice under this 10
section; or 11
(b) the person believes the other person has given, or may give, a 12
notice under this section. 13
Maximum penalty--200 penalty units or 2 years imprisonment. 14
(5) In this section-- 15
"dishonest act" means fraud, misrepresentation or theft. 16
"mistreat" a person means-- 17
(a) end the person's employment or prejudice the career of the 18
person in another way; or 19
(b) prejudice the safety of the person; or 20
(c) intimidate or harass the person. 21
Division 3--Keno gaming offences 22
23
Cheating
155.(1) A person must not, in relation to an approved keno game, 24
dishonestly obtain a benefit by-- 25
(a) an act, practice or scheme; or 26
(b) the use of a thing of a type used, or appearing to be of a type 27
used, in the conduct of keno games; or 28
(c) the use of another thing. 29
s 156 83 s 156
Keno
Maximum penalty--200 penalty units or 2 years imprisonment. 1
(2) For subsection (1), a person obtains a benefit if the person obtains for 2
the person or another person, or induces a person to deliver, give or credit to 3
the person or another person, any money, benefit, advantage, valuable 4
consideration or security. 5
and deception 6
Forgery
156.(1) A person must not-- 7
(a) forge an official keno document; or 8
(b) knowingly utter a forged official keno document. 9
Maximum penalty--200 penalty units or 2 years imprisonment. 10
(2) A person must not connive at the commission of an offence against 11
subsection (1). 12
Maximum penalty--200 penalty units or 2 years imprisonment. 13
(3) A person forges a document if the person makes a false document, 14
knowing it to be false, with the intention that-- 15
(a) it may be used or acted on to the prejudice or benefit of a person; 16
or 17
(b) a person may, in the belief it is genuine, be induced to do, or 18
refrain from doing, something. 19
(4) Without limiting subsection (3), a genuine document may become a 20
false document because of-- 21
(a) an alteration of the document in a material respect; or 22
(b) an addition to the body of the document in a material respect; or 23
(c) an addition of a false date, signature, attestation, seal or other 24
material matter. 25
(5) A person utters a document if the person-- 26
(a) uses or deals with the document; or 27
(b) attempts to use or deal with the document; or 28
(c) induces a person to use, deal with or act on the document; or 29
s 157 84 s 158
Keno
(d) attempts to induce a person to use, deal with or act on the 1
document. 2
licensed keno employees or officials 3
Impersonating
157.(1) A person must not pretend to be a licensed keno employee or 4
keno official. 5
Maximum penalty--200 penalty units or 2 years imprisonment. 6
(2) A person must not connive at the commission of an offence against 7
subsection (1). 8
Maximum penalty for subsection (2)--200 penalty units or 2 years 9
imprisonment. 10
11
Bribery
158.(1) A keno official must not ask for, receive or obtain, or agree to 12
receive or obtain, any money, property or benefit of any kind for the official 13
or another person for an improper purpose. 14
Maximum penalty--200 penalty units or 2 years imprisonment. 15
(2) A person must not give, confer or obtain, or promise or offer to give, 16
confer or obtain, any money, property or benefit of any kind to, on or for a 17
keno official or another person for an improper purpose. 18
Maximum penalty--200 penalty units or 2 years imprisonment. 19
(3) A keno official or other person does an act mentioned in 20
subsection (1) or (2) for an improper purpose if the official or other person 21
does the act-- 22
(a) for the official to forego or neglect the official's functions under 23
this Act, or to influence the official in the performance of the 24
official's functions under this Act; or 25
(b) because of anything already done or omitted to be done, or to be 26
afterwards done or omitted to be done, by the official in the 27
performance of the official's functions under this Act; or 28
(c) for the official to use, or take advantage of, the official's office 29
improperly to gain a benefit or advantage for, or facilitate the 30
s 159 85 s 160
Keno
commission of an offence by-- 1
(i) if the act is done by the official--another person; or 2
(ii) if the act is done by another person--that person or another 3
person. 4
gaming by licensed keno or casino employees 5
Keno
159.(1) A licensed keno employee must not, while carrying out functions 6
relating to the conduct of approved keno games, take part in keno gaming. 7
Maximum penalty--40 penalty units. 8
(2) A licensed casino employee directly involved in the draw for, or the 9
recording of the results of, an approved keno game in a casino must not 10
take part in the game. 11
Maximum penalty--40 penalty units. 12
(3) A person is not eligible to win a prize for an approved keno game if 13
the person is prohibited under subsection (1) or (2) from taking part in the 14
game. 15
officials 16
Key
160.(1) The chief executive may declare a keno official to be a key 17
official. 18
(2) The chief executive may direct a key official-- 19
(a) not to take part in keno gaming; or 20
(b) not to take part in keno gaming except in stated circumstances or 21
for stated purposes; or 22
(c) not to have a financial relationship with an authorised keno 23
operator. 24
(3) A declaration or direction-- 25
(a) must be made or given by written notice given to the keno 26
official; and 27
(b) may only be made or given if the chief executive considers it is 28
appropriate to take the action in the public interest. 29
s 161 86 s 162
Keno
gaming by key officials 1
Keno
161. A key official must not take part in keno gaming in contravention of 2
a direction given to the official by the chief executive. 3
Maximum penalty--40 penalty units. 4
of key officials with authorised keno operators 5
Relationship
162.(1) This section applies only to a key official who has been given a 6
direction by the chief executive not to have a financial relationship with an 7
authorised keno operator. 8
(2) A key official must not-- 9
(a) accept or solicit employment from an authorised keno operator; 10
or 11
(b) be an employee in any capacity of an authorised keno operator; or 12
(c) knowingly have, directly or indirectly-- 13
(i) a business or financial association with an authorised keno 14
operator; or 15
(ii) a business or financial interest in something together with an 16
authorised keno operator. 17
Maximum penalty--40 penalty units. 18
(3) A person must not, for 1 year after ceasing to be a key official, 19
without the chief executive's approval-- 20
(a) accept or solicit employment from an authorised keno operator; 21
or 22
(b) be an employee in any capacity of an authorised keno operator; or 23
(c) knowingly have, directly or indirectly-- 24
(i) a business or financial association with an authorised keno 25
operator; or 26
(ii) a business or financial interest in something together with an 27
authorised keno operator. 28
Maximum penalty for subsection (3)--40 penalty units. 29
s 163 87 s 164
Keno
of key officials with prospective keno licensees 1
Relationship
163.(1) This section applies if a key official knowingly has, directly or 2
indirectly-- 3
(a) a business or financial association with another person who is a 4
prospective keno licensee; or 5
(b) a business or financial interest in something together with another 6
person who is a prospective keno licensee. 7
(2) However, this section applies only if the key official has been given a 8
direction by the chief executive not to have a financial relationship with an 9
authorised keno operator. 10
(3) Immediately after the key official becomes aware that the other 11
person is a prospective keno licensee, the official must give written notice of 12
the official's association or interest to the chief executive. 13
Maximum penalty--40 penalty units. 14
(4) The chief executive may, by written notice given to the key official, 15
direct the official to end the association, or give up the interest, within the 16
time stated in the notice. 17
(5) However, the chief executive may give the direction only if the chief 18
executive considers it is appropriate to take the action in the public interest. 19
(6) A key official to whom a direction is given must comply with the 20
direction within the time stated in the notice. 21
Maximum penalty--40 penalty units. 22
(7) In this section-- 23
"prospective keno licensee" means a person who has entered into a keno 24
agreement with the intention of becoming a keno licensee but to whom 25
a keno licence has not yet been issued. 26
of authorised keno operators with key officials 27
Relationship
164.(1) This section applies only to a key official who has been given a 28
direction by the chief executive not to have a financial relationship with an 29
authorised keno operator. 30
(2) Also, this section applies only if the authorised keno operator knows, 31
s 165 88 s 166
Keno
or ought reasonably to know, that the key official is a key official to whom 1
this section applies. 2
(3) The authorised keno operator must not-- 3
(a) employ in any capacity, or have as an employee, the key official; 4
or 5
(b) knowingly have, directly or indirectly-- 6
(i) a business or financial association with the key official; or 7
(ii) a business or financial interest in something together with 8
the key official. 9
Maximum penalty--40 penalty units. 10
(4) The authorised keno operator must not, for 1 year after the person 11
ceases to be a key official, without the chief executive's approval-- 12
(a) employ the person in any capacity; or 13
(b) have the person as an employee; or 14
(c) knowingly have, directly or indirectly-- 15
(i) a business or financial association with the person; or 16
(ii) a business or financial interest in something together with 17
the person. 18
Maximum penalty for subsection (4)--40 penalty units. 19
gaming by minors 20
Keno
165. A minor must not take part in keno gaming. 21
Maximum penalty--10 penalty units. 22
minors to take part in keno gaming 23
Allowing
166.(1) A person involved in the conduct of an approved keno game (an 24
"involved person") must not-- 25
(a) accept a completed entry form or subscription for the game from 26
a minor; or 27
(b) issue a keno ticket for the game to a minor; or 28
s 166 89 s 166
Keno
(c) otherwise allow a minor to take part in keno gaming. 1
Maximum penalty--20 penalty units. 2
(2) If an involved person suspects a person attempting to take part in 3
keno gaming is a minor, the involved person may ask the person to give the 4
involved person acceptable evidence of the person's age. 5
(3) If a person is asked to give acceptable evidence of the person's age, 6
the person must not-- 7
(a) further attempt to take part in keno gaming without giving 8
acceptable evidence; or 9
(b) give acceptable evidence that is false or misleading in a material 10
particular. 11
Maximum penalty--20 penalty units. 12
(4) In a prosecution for an offence against subsection (1), it is a defence 13
to prove that-- 14
(a) the defendant had no reason to believe, and did not believe, that 15
the person whose age is material to the offence was a minor; or 16
(b) at the time of the contravention constituting the offence, the 17
defendant had obtained from the person whose age is material to 18
the offence acceptable evidence of the person's age indicating the 19
person was an adult. 20
(5) In the application of a defence on the ground mentioned in 21
subsection (4)(a), the operation of the Criminal Code, section 248 is 22
excluded. 23
(6) In this section, a reference to acceptable evidence of a person's age is 24
a reference to a document that is acceptable evidence of the person's age for 25
the Liquor Act 1992.9 26
8 Criminal Code, section 24 (Mistake of fact)
9 See Liquor Act 1992, section 6 (Acceptable evidence of age).
s 167 90 s 171
Keno
ART 9--INVESTIGATION AND ENFORCEMENT 1
P
1--Inspectors 2
Division
who are inspectors 3
Persons
167. A person who is an inspector under a Gaming Act is an inspector 4
for this Act. 5
6
Powers
168.(1) For this Act, an inspector has the powers given under this Act. 7
(2) An inspector is subject to the directions of the chief executive in 8
exercising the powers. 9
(3) An inspector's powers may be limited-- 10
(a) under a regulation; or 11
(b) by written notice given by the chief executive to the inspector. 12
of office 13
Term
169. An inspector ceases to hold office if the inspector is no longer an 14
inspector under at least 1 Gaming Act. 15
cards 16
Identity
170.(1) An inspector must have an identity card. 17
(2) An inspector's identity card is the identity card given to the person as 18
an inspector under a Gaming Act. 19
(3) The identity card must identify the person as an inspector for this Act. 20
or display of identity card 21
Production
171.(1) An inspector may exercise a power in relation to someone else 22
(the "other person") only if the inspector-- 23
s 172 91 s 173
Keno
(a) first produces the inspector's identity card for the other person's 1
inspection; or 2
(b) has the identity card displayed so it is clearly visible to the other 3
person. 4
(2) However, if for any reason it is not practicable to comply with 5
subsection (1) before exercising the power, the inspector must produce the 6
identity card for the other person's inspection at the first reasonable 7
opportunity. 8
Division 2--Powers of inspectors 9
1--Power to enter places 10
Subdivision
without consent or warrant 11
Entry
172. An inspector may, without the occupier's consent or a warrant, 12
enter-- 13
(a) a public place; or 14
(b) a keno gaming place when-- 15
(i) approved keno games, or parts of approved keno games, are 16
being conducted at the place; or 17
(ii) the place is open for conducting approved keno games, or 18
parts of approved keno games; or 19
(iii) the place is open for carrying on business; or 20
(iv) the place is otherwise open for entry; or 21
(c) the land around premises to ask its occupier for consent to enter 22
the premises. 23
with consent or warrant 24
Entry
173. Unless an inspector is authorised to enter a place under section 172, 25
an inspector may enter a place only if-- 26
s 174 92 s 175
Keno
(a) its occupier consents to the entry; or 1
(b) the entry is authorised by a warrant. 2
Subdivision 2--Consents and warrants for entry 3
to entry 4
Consent
174.(1) This section applies if an inspector intends to ask an occupier of a 5
place to consent to the inspector or another inspector entering the place.10 6
(2) Before asking for the consent, the inspector must tell the occupier-- 7
(a) the purpose of the entry; and 8
(b) that the occupier is not required to consent. 9
(3) If the consent is given, the inspector may ask the occupier to sign an 10
acknowledgment of the consent (a "consent acknowledgment"). 11
(4) The acknowledgment must state-- 12
(a) the occupier was told-- 13
(i) the purpose of the entry; and 14
(ii) that the occupier is not required to consent; and 15
(b) the purpose of the entry; and 16
(c) the occupier gives the inspector consent to enter the place and 17
exercise powers under this part; and 18
(d) the time and date the consent was given. 19
(5) If the occupier signs a consent acknowledgment, the inspector must 20
promptly give a copy to the occupier. 21
of consent 22
Evidence
175.(1) Subsection (2) applies if-- 23
(a) an issue arises in a court proceeding whether the occupier of a 24
place consented to an inspector entering the place under this part; 25
10 This section does not apply if entry is authorised by section 172 or 173(b).
s 176 93 s 177
Keno
and 1
(b) a consent acknowledgment is not produced in evidence for the 2
entry; and 3
(c) it is not proved the occupier consented to the entry. 4
(2) The court may presume the occupier did not consent. 5
for warrant 6
Application
176.(1) An inspector may apply to a magistrate for a warrant for a place. 7
(2) The application must be sworn and state the grounds on which the 8
warrant is sought. 9
(3) The magistrate may refuse to consider the application until the 10
inspector gives the magistrate all the information the magistrate requires 11
about the application in the way the magistrate requires. 12
13
Example--
14
The magistrate may require additional information supporting the application to
15
be given by statutory declaration.
of warrant 16
Issue
177.(1) The magistrate may issue a warrant only if the magistrate is 17
satisfied there are reasonable grounds for suspecting-- 18
(a) there is a particular thing or activity (the "evidence") that may 19
provide evidence of an offence against this Act; and 20
(b) the evidence is at the place, or may be at the place within the next 21
7 days. 22
(2) The warrant must state-- 23
(a) that a stated inspector may, with necessary and reasonable help 24
and force, enter the place and exercise the inspector's powers 25
under this part; and 26
(b) the offence for which the warrant is sought; and 27
(c) the evidence that may be seized under the warrant; and 28
(d) the hours of the day or night when the place may be entered; and 29
s 178 94 s 178
Keno
(e) the date, within 14 days after the warrant's issue, the warrant 1
ends. 2
warrants 3
Special
178.(1) An inspector may apply for a warrant (a "special warrant") by 4
phone, fax, radio or another form of communication if the inspector 5
considers it necessary because of-- 6
(a) urgent circumstances; or 7
(b) other special circumstances, including, for example, the 8
inspector's remote location. 9
(2) Before applying for the warrant, the inspector must prepare an 10
application stating the grounds on which the warrant is sought. 11
(3) The inspector may apply for the warrant before the application is 12
sworn. 13
(4) After issuing the warrant, the magistrate must promptly fax a copy to 14
the inspector if it is reasonably practicable to fax the copy. 15
(5) If it is not reasonably practicable to fax a copy to the inspector-- 16
(a) the magistrate must tell the inspector-- 17
(i) what the terms of the warrant are; and 18
(ii) the date and time the warrant was issued; and 19
(b) the inspector must complete a form of warrant (a "warrant 20
form") and write on it-- 21
(i) the magistrate's name; and 22
(ii) the date and time the magistrate issued the warrant; and 23
(iii) the terms of the warrant. 24
(6) The facsimile warrant, or the warrant form properly completed by the 25
inspector, authorises the entry and the exercise of the other powers stated in 26
the warrant issued by the magistrate. 27
(7) The inspector must, at the first reasonable opportunity, send to the 28
magistrate-- 29
(a) the sworn application; and 30
s 179 95 s 180
Keno
(b) if the inspector completed a warrant form--the completed 1
warrant form. 2
(8) On receiving the documents, the magistrate must attach them to the 3
warrant. 4
about special warrants 5
Evidence
179.(1) Subsection (2) applies if-- 6
(a) an issue arises in a court proceeding whether a power exercised 7
by an inspector was not authorised by a special warrant; and 8
(b) the warrant is not produced in evidence. 9
(2) The court must presume the exercise of the power was not authorised 10
by a special warrant, unless the contrary is proved. 11
Subdivision 3--General powers 12
powers after entering places 13
General
180.(1) This section applies to an inspector who enters a place. 14
(2) However, if an inspector enters a place to get the occupier's consent 15
to enter premises, this section applies to the inspector only if the consent is 16
given or the entry is otherwise authorised. 17
(3) For monitoring or enforcing compliance with this Act, the inspector 18
may-- 19
(a) search any part of the place; or 20
(b) inspect, measure, test, photograph or film any part of the place or 21
anything at the place; or 22
(c) take a thing, or a sample of or from a thing, at the place for 23
analysis or testing; or 24
(d) copy a document at the place; or 25
(e) for a keno gaming place--access, electronically or in another 26
way, a system used at the place for conducting approved keno 27
games, or administrative purposes related to the conduct of 28
s 181 96 s 182
Keno
approved keno games; or 1
(f) take into or onto the place any persons, equipment and materials 2
the inspector reasonably requires for exercising a power under 3
this part; or 4
(g) require the occupier of the place, or a person at the place, to give 5
the inspector reasonable help to exercise the inspector's powers 6
under paragraphs (a) to (f); or 7
(h) require the occupier of the place, or a person at the place, to give 8
the inspector information to help the inspector ascertain whether 9
this Act is being complied with. 10
(4) When making a requirement mentioned in subsection (3)(g) or (h), 11
the inspector must warn the person it is an offence to fail to comply with the 12
requirement, unless the person has a reasonable excuse. 13
to help inspector 14
Failure
181.(1) A person required to give reasonable help under 15
section 180(3)(g) must comply with the requirement, unless the person has 16
a reasonable excuse. 17
Maximum penalty--40 penalty units. 18
(2) If the requirement is to be complied with by the person giving 19
information, or producing a document (other than a document required to 20
be kept by the person under this Act), it is a reasonable excuse for the 21
person to fail to comply with the requirement, if complying with the 22
requirement might tend to incriminate the person. 23
to give information 24
Failure
182.(1) A person of whom a requirement is made under 25
section 180(3)(h) must comply with the requirement, unless the person has 26
a reasonable excuse. 27
Maximum penalty--40 penalty units. 28
(2) It is a reasonable excuse for the person to fail to comply with the 29
requirement if complying with the requirement might tend to incriminate 30
the person. 31
s 183 97 s 185
Keno
of police officers 1
Role
183.(1) An inspector may ask a police officer to help the inspector in the 2
exercise of a power under this part. 3
(2) The police officer must give the inspector the reasonable help the 4
inspector requires, if it is practicable to give the help. 5
Subdivision 4--Power to seize evidence 6
evidence at keno gaming places 7
Seizing
184. An inspector who enters a keno gaming place under this part may 8
seize a thing at the place if the inspector reasonably believes the thing is 9
evidence of an offence against this Act. 10
evidence at places other than keno gaming places 11
Seizing
185.(1) This section applies if an inspector enters a place under this part 12
and the place is not a keno gaming place. 13
(2) If the inspector enters the place with the occupier's consent, the 14
inspector may seize a thing at the place if-- 15
(a) the inspector reasonably believes the thing is evidence of an 16
offence against this Act; and 17
(b) seizure of the thing is consistent with the purpose of entry as told 18
to the occupier when asking for the occupier's consent. 19
(3) If the inspector enters the place with a warrant, the inspector may 20
seize the evidence for which the warrant was issued. 21
(4) The inspector also may seize anything else at the place if the inspector 22
reasonably believes-- 23
(a) the thing is evidence of an offence against this Act; and 24
(b) the seizure is necessary to prevent the thing being-- 25
(i) hidden, lost or destroyed; or 26
(ii) used to continue, or repeat, the offence. 27
(5) Also, the inspector may seize a thing at the place if the inspector 28
s 186 98 s 188
Keno
reasonably believes it has just been used in committing an offence against 1
this Act. 2
seized things 3
Securing
186. Having seized a thing, an inspector may-- 4
(a) move the thing from the place where it was seized (the "place of 5
seizure"); or 6
(b) leave the thing at the place of seizure but take reasonable action to 7
restrict access to it. 8
9
Example of restricting access to a thing--
10
1. Sealing a thing and marking it to show access to it is restricted.
11
2. Sealing the entrance to a room where the seized thing is situated and marking
12
it to show access to it is restricted.
with seized things 13
Tampering
187. If an inspector restricts access to a seized thing, a person must not 14
tamper, or attempt to tamper, with the thing, or something restricting access 15
to the thing, without an inspector's approval. 16
Maximum penalty--40 penalty units. 17
to support seizure 18
Powers
188.(1) To enable a thing to be seized, an inspector may require the 19
person in control of it-- 20
(a) to take it to a stated reasonable place by a stated reasonable time; 21
and 22
(b) if necessary, to remain in control of it at the stated place for a 23
reasonable time. 24
(2) The requirement-- 25
(a) must be made by notice in the approved form; or 26
(b) if for any reason it is not practicable to give the notice, may be 27
made orally and confirmed by notice in the approved form as 28
s 189 99 s 190
Keno
soon as practicable. 1
(3) A person of whom a requirement is made must comply with the 2
requirement, unless the person has a reasonable excuse. 3
Maximum penalty--40 penalty units. 4
(4) A further requirement may be made under this section about the 5
same thing if it is necessary and reasonable to make the further requirement. 6
for seized things 7
Receipt
189.(1) As soon as practicable after an inspector seizes a thing, the 8
inspector must give a receipt for it to the person from whom it was seized. 9
(2) However, if for any reason it is not practicable to comply with 10
subsection (1), the inspector must leave the receipt at the place of seizure in 11
a conspicuous position and in a reasonably secure way. 12
(3) The receipt must describe generally each thing seized and its 13
condition. 14
(4) This section does not apply to a thing if it is impracticable or would 15
be unreasonable to give the receipt (given the thing's nature, condition and 16
value). 17
of seized things 18
Forfeiture
190.(1) A seized thing is forfeited to the Crown if the inspector who 19
seized the thing-- 20
(a) cannot find its owner, after making reasonable inquiries; or 21
(b) cannot return it to its owner, after making reasonable efforts; or 22
(c) reasonably believes it is necessary to retain the thing to prevent it 23
being used to commit an offence against this Act. 24
(2) In applying subsection (1)-- 25
(a) subsection (1)(a) does not require the inspector to make inquiries 26
if it would be unreasonable to make inquiries to find the owner; 27
and 28
(b) subsection (1)(b) does not require the inspector to make efforts if 29
s 191 100 s 191
Keno
it would be unreasonable to make efforts to return the thing to its 1
owner. 2
(3) If the inspector decides to forfeit a thing under subsection (1)(c), the 3
inspector must tell the owner of the decision by written notice. 4
(4) Subsection (3) does not apply if-- 5
(a) the inspector cannot find the owner, after making reasonable 6
inquiries; or 7
(b) it is impracticable or would be unreasonable to give the notice. 8
(5) The notice must state-- 9
(a) the reasons for the decision; and 10
(b) that the owner may appeal against the decision to a Magistrates 11
Court within 28 days; and 12
(c) how the appeal may be made; and 13
(d) that the owner may apply for a stay of the decision if the owner 14
appeals against the decision. 15
(6) Regard must be had to a thing's nature, condition and value-- 16
(a) in deciding-- 17
(i) whether it is reasonable to make inquiries or efforts; and 18
(ii) if making inquiries or efforts--what inquiries or efforts are 19
reasonable; or 20
(b) in deciding whether it would be unreasonable to give notice about 21
a thing. 22
of seized things 23
Return
191.(1) If a seized thing has not been forfeited, the inspector must return 24
it to its owner-- 25
(a) at the end of 6 months; or 26
(b) if a proceeding for an offence involving the thing is started within 27
6 months--at the end of the proceeding and any appeal from the 28
proceeding. 29
s 192 101 s 194
Keno
(2) Despite subsection (1), unless the thing has been forfeited, the 1
inspector must promptly return a thing seized as evidence to its owner if the 2
inspector stops being satisfied its continued retention as evidence is 3
necessary. 4
to seized things 5
Access
192.(1) Until a seized thing is forfeited or returned, an inspector must 6
allow its owner to inspect it and, if it is a document, to copy it. 7
(2) Subsection (1) does not apply if it is impracticable or would be 8
unreasonable to allow the inspection or copying. 9
5--Power to give directions to stop using things 10
Subdivision
to stop using thing 11
Direction
193.(1) This section applies if an inspector reasonably believes-- 12
(a) a thing used in the conduct of approved keno games is 13
unsatisfactory for the purpose for which it is used; and 14
(b) the continued use of the thing may-- 15
(i) jeopardise the integrity of the conduct of approved keno 16
games; or 17
(ii) adversely affect the public interest. 18
(2) The inspector may direct the person who has, or reasonably appears 19
to have, authority to exercise control over the thing to stop using the thing, 20
or allowing the thing to be used, in the conduct of approved keno games. 21
about stop directions 22
Requirements
194.(1) A direction given to a person under section 193 (a "stop 23
direction") may be given orally or by written notice (a "stop notice"). 24
(2) However, if the direction is given orally, it must be confirmed by 25
written notice (also a "stop notice") given to the person as soon as 26
practicable. 27
s 195 102 s 196
Keno
(3) A stop direction may be given for a thing at a place occupied by an 1
authorised keno operator or another person involved in the conduct of an 2
approved keno game. 3
(4) A stop direction does not apply to a use of the thing carried out for 4
repairing or testing the thing. 5
(5) A stop notice must state-- 6
(a) the grounds on which the inspector believes the thing is 7
unsatisfactory; and 8
(b) the circumstances (if any) under which the stop direction may be 9
cancelled. 10
to comply with stop direction 11
Failure
195. A person to whom a stop direction is given must comply with the 12
direction. 13
Maximum penalty--40 penalty units. 14
6--Power to obtain information 15
Subdivision
to require name and address 16
Power
196.(1) This section applies if-- 17
(a) an inspector finds a person committing an offence against this 18
Act; or 19
(b) an inspector finds a person in circumstances that lead, or has 20
information that leads, the inspector to reasonably suspect the 21
person has just committed an offence against this Act. 22
(2) The inspector may require the person to state the person's name and 23
residential address. 24
(3) When making the requirement, the inspector must warn the person it 25
is an offence to fail to state the person's name or residential address, unless 26
the person has a reasonable excuse. 27
(4) The inspector may require the person to give evidence of the 28
correctness of the stated name or residential address if the inspector 29
s 197 103 s 198
Keno
reasonably suspects the stated name or address is false. 1
(5) Without limiting section 183, 11 an inspector may ask a police officer 2
to help with the enforcement of this section. 3
(6) A requirement under subsection (2) or (4) is called a "personal 4
details requirement". 5
to give name or address 6
Failure
197.(1) A person of whom a personal details requirement is made must 7
comply with the requirement, unless the person has a reasonable excuse. 8
Maximum penalty--40 penalty units. 9
(2) A person does not commit an offence against subsection (1) if-- 10
(a) the person was required to state the person's name and residential 11
address by an inspector who suspected the person had committed 12
an offence against this Act; and 13
(b) the person is not proved to have committed the offence. 14
police officer may take for failure to give name and address 15
Steps
198. A police officer may take the following steps if a person fails to 16
comply with a personal details requirement-- 17
(a) the police officer may ask the person whether the person has a 18
reasonable excuse for not complying with the requirement; 19
(b) if the person gives an excuse, the police officer may ask for 20
details or further details of the excuse; 21
(c) if the person does not answer the question or gives an excuse the 22
police officer reasonably believes is not a reasonable excuse, the 23
officer may-- 24
(i) tell the person that the officer is considering arresting the 25
person for failing to comply with the requirement; and 26
(ii) require the person to state the person's name and residential 27
address (or, if the person has no residential address, an 28
11 Section 183 (Role of police officers)
s 199 104 s 199
Keno
address at which the person can most likely be contacted); 1
and 2
(iii) if the officer reasonably suspects a stated name or address is 3
false--require the person to give evidence of the correctness 4
of the stated name or address; 5
(d) the police officer may arrest the person without a warrant if the 6
officer reasonably believes-- 7
(i) the person has not complied with a requirement of the 8
officer under paragraph (c)(ii) or (iii); and 9
(ii) proceedings by way of complaint and summons against the 10
person for an offence against section 197 would be 11
ineffective. 12
to require production of documents 13
Power
199.(1) An inspector may require a person to make available for 14
inspection by an inspector, or produce to the inspector for inspection, at a 15
reasonable time and place nominated by the inspector-- 16
(a) a document issued to the person under this Act; or 17
(b) a document required to be kept by the person under this Act; or 18
(c) if the person is a keno licensee--a document kept by the person 19
about the conduct of keno games by the licensee under the keno 20
licence; or 21
(d) if the person is an appointed agent--a document kept by the 22
person about the conduct of keno games by the principal keno 23
licensee. 24
(2) The inspector may keep the document to copy it. 25
(3) If the inspector copies the document, or an entry in the document, the 26
inspector may require the person responsible for keeping the document to 27
certify the copy as a true copy of the document or entry. 28
(4) The inspector must return the document to the person as soon as 29
practicable after copying it. 30
(5) However, if a requirement (a "document certification 31
requirement") is made of a person under subsection (3), the inspector may 32
s 200 105 s 202
Keno
keep the document until the person complies with the requirement. 1
(6) A requirement under subsection (1) is called a "document 2
production requirement". 3
to produce document 4
Failure
200.(1) A person of whom a document production requirement is made 5
must comply with the requirement, unless the person has a reasonable 6
excuse. 7
Maximum penalty--40 penalty units. 8
(2) It is a reasonable excuse for a person not to comply with a document 9
production requirement if complying with the requirement might tend to 10
incriminate the person. 11
to certify copy of document 12
Failure
201. A person of whom a document certification requirement is made 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty--40 penalty units. 16
to require attendance of persons 17
Power
202.(1) An inspector may require a person, or an executive officer of a 18
corporation, of whom a document production requirement has been made 19
to attend before the inspector to answer questions or give information about 20
the document to which the document production requirement relates. 21
(2) An inspector may require any of the following persons to attend 22
before the inspector to answer questions or give information about the 23
operations of a keno licensee conducted under the keno licence-- 24
(a) the licensee or, if the licensee is a corporation, an executive officer 25
of the licensee; 26
(b) a licensed keno employee employed by the licensee; 27
(c) an appointed agent for whom the licensee is the principal keno 28
licensee or, if the appointed agent is a corporation, an executive 29
s 203 106 s 203
Keno
officer of the agent; 1
(d) an employee of an appointed agent mentioned in paragraph (c); 2
(e) another person associated with the operation or management of 3
the operations of-- 4
(i) the licensee; or 5
(ii) an appointed agent mentioned in paragraph (c). 6
(3) An inspector may require any of the following persons to attend 7
before the inspector to answer questions or give information about an 8
appointed agent's operations-- 9
(a) the agent or, if the agent is a corporation, an executive officer of 10
the agent; 11
(b) an employee of the agent; 12
(c) the principal keno licensee or, if the licensee is a corporation, an 13
executive officer of the licensee; 14
(d) another person associated with the operation or management of 15
the operations of-- 16
(i) the agent; or 17
(ii) the principal keno licensee. 18
(4) A requirement made of a person under this section must-- 19
(a) be made by written notice given to the person; and 20
(b) state a reasonable time and place for the person's attendance. 21
(5) When making the requirement, the inspector must warn the person it 22
is an offence to fail to comply with the requirement, unless the person has a 23
reasonable excuse. 24
to comply with requirement about attendance 25
Failure
203.(1) A person of whom a requirement is made under section 202 26
must not, unless the person has a reasonable excuse-- 27
(a) fail to attend before the inspector at the time and place stated in the 28
notice imposing the requirement; or 29
s 204 107 s 205
Keno
(b) when attending before the inspector-- 1
(i) fail to comply with a requirement to answer a question or 2
give information; or 3
(ii) state anything the person knows is false or misleading in a 4
material particular. 5
Maximum penalty--40 penalty units. 6
(2) It is a reasonable excuse for a person to fail to comply with a 7
requirement to answer a question or give information if complying with the 8
requirement might tend to incriminate the person. 9
to require financial records 10
Power
204.(1) This section applies to a person who is the manager or other 11
principal officer at a place of business of a financial institution at which-- 12
(a) a keno licensee keeps an account in relation to the licensee's 13
operations under the keno licence; or 14
(b) an appointed agent keeps an account in relation to the agent's 15
operations. 16
(2) An inspector may, by written notice given to the person, require the 17
person to give to the inspector, within the time (not less than 7 days) stated 18
in the notice-- 19
(a) a statement of account for the account; or 20
(b) copies of cheques or other records relevant to the account; or 21
(c) other particulars or documents relevant to the account stated in the 22
notice. 23
(3) An inspector may make a requirement under subsection (2) (a 24
"financial records requirement") only with the written approval of the 25
chief executive. 26
of compliance with financial records requirement 27
Effect
205.(1) No liability attaches to a person who is the manager or other 28
principal officer at a place of business of a financial institution for any 29
breach of trust or other reason, merely because the person complies with a 30
s 206 108 s 207
Keno
financial records requirement. 1
(2) No liability attaches to a financial institution, for any breach of trust or 2
other reason, merely because a person who is the manager or other principal 3
officer at a place of business of the institution complies with a financial 4
records requirement. 5
to comply with financial records requirement 6
Failure
206. A person of whom a financial records requirement is made must 7
comply with the requirement within the time stated in the relevant notice, 8
unless the person has a reasonable excuse. 9
Maximum penalty--40 penalty units. 10
Division 3--Powers of Minister 11
about management practices 12
Direction
207.(1) This section applies if the Minister reasonably believes-- 13
(a) the management, supervision or control of a part of a keno 14
licensee's or appointed agent's operations (the "management 15
practice") is unsatisfactory; and 16
(b) the management practice may result in-- 17
(i) the integrity of the conduct of keno games by the keno 18
licensee under the keno licence being jeopardised; or 19
(ii) the public interest being affected adversely. 20
(2) The Minister may direct the keno licensee or appointed agent to stop, 21
or change, the management practice. 22
(3) The direction must-- 23
(a) be in writing; and 24
(b) state the grounds on which the Minister believes the management 25
practice is unsatisfactory; and 26
(c) if the direction is to change the management practice--clearly 27
describe how the practice is required to be changed; and 28
s 208 109 s 210
Keno
(d) state when the person is required to comply with the direction. 1
(4) A person to whom a direction is given must comply with the 2
direction, unless the person has a reasonable excuse. 3
Maximum penalty for subsection (4)--40 penalty units. 4
Division 4--General enforcement matters 5
on conviction 6
Forfeiture
208.(1) On the conviction of a person for an offence against this Act, the 7
court may order the forfeiture to the Crown of-- 8
(a) anything used to commit the offence; or 9
(b) anything else the subject of the offence. 10
(2) The court may make the order-- 11
(a) whether or not the thing has been seized; and 12
(b) if the thing has been seized--whether or not the thing has been 13
returned to its owner. 14
(3) The court may make any order to enforce the forfeiture it considers 15
appropriate. 16
(4) This section does not limit the court's powers under the Penalties 17
and Sentences Act 1992 or another law. 18
with forfeited things 19
Dealing
209.(1) On the forfeiture of a thing to the Crown, the thing becomes the 20
Crown's property and may be dealt with by the chief executive as the chief 21
executive considers appropriate. 22
(2) Without limiting subsection (1), the chief executive may destroy the 23
thing. 24
of damage 25
Notice
210.(1) This section applies if-- 26
s 211 110 s 211
Keno
(a) an inspector damages something when exercising or purporting 1
to exercise a power; or 2
(b) a person (the "other person") acting under the direction of an 3
inspector damages something. 4
(2) The inspector must promptly give written notice of particulars of the 5
damage to the person who appears to the inspector to be the owner of the 6
thing. 7
(3) If the inspector believes the damage was caused by a latent defect in 8
the thing or circumstances beyond the inspector's or other person's control, 9
the inspector may state it in the notice. 10
(4) If, for any reason, it is impracticable to comply with subsection (2), 11
the inspector must leave the notice in a conspicuous position and in a 12
reasonably secure way where the damage happened. 13
(5) This section does not apply to damage the inspector reasonably 14
believes is trivial. 15
(6) In this section-- 16
"owner", of a thing, includes the person in possession or control of it. 17
18
Compensation
211.(1) A person may claim compensation from the Crown if the person 19
incurs loss or expense because of the exercise or purported exercise of a 20
power under any of the following subdivisions of division 212-- 21
· subdivision 1 (Power to enter places) 22
· subdivision 3 (General powers) 23
· subdivision 4 (Power to seize evidence) 24
· subdivision 6 (Power to obtain information). 25
(2) Without limiting subsection (1), compensation may be claimed for 26
loss or expense incurred in complying with a requirement made of the 27
person under the subdivision. 28
(3) Compensation may be claimed and ordered in a proceeding-- 29
12 Division 2 (Powers of inspectors)
s 212 111 s 213
Keno
(a) brought in a court with jurisdiction for the recovery of the amount 1
of compensation claimed; or 2
(b) for an offence against this Act brought against the person 3
claiming compensation. 4
(4) A court may order compensation to be paid only if it is satisfied it is 5
just to make the order in the circumstances of the particular case. 6
(5) A regulation may prescribe matters that may, or must, be taken into 7
account by the court when considering whether it is just to make the order. 8
officials from liability 9
Protecting
212.(1) In this section-- 10
"official" means-- 11
(a) the Minister; or 12
(b) the chief executive; or 13
(c) an inspector; or 14
(d) a person acting under the direction of an inspector. 15
(2) An official is not civilly liable for an act done, or omission made, 16
honestly and without negligence under this Act. 17
(3) If subsection (2) prevents a civil liability attaching to an official, the 18
liability attaches instead to the Crown. 19
Division 5--General enforcement offences 20
or misleading statements 21
False
213.(1) A person must not state anything to an inspector the person 22
knows is false or misleading in a material particular. 23
Maximum penalty--40 penalty units. 24
(2) It is enough for a complaint against a person for an offence against 25
subsection (1) to state that the statement made was false or misleading to 26
the person's knowledge. 27
s 214 112 s 215
Keno
misleading or incomplete documents 1
False,
214.(1) A person must not give an inspector a document containing 2
information the person knows is false, misleading or incomplete in a 3
material particular. 4
Maximum penalty--40 penalty units. 5
(2) Subsection (1) does not apply to a person if the person, when giving 6
the document-- 7
(a) tells the inspector, to the best of the person's ability, how it is 8
false, misleading or incomplete; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information--gives the correct information. 11
(3) Also, a person must not make an entry in a document required or 12
permitted to be made or kept under this Act knowing the entry to be false, 13
misleading or incomplete in a material particular. 14
Maximum penalty--40 penalty units. 15
(4) It is enough for a complaint against a person for an offence against 16
subsection (1) or (3) to state that the document or entry was false, 17
misleading or incomplete to the person's knowledge. 18
inspectors 19
Obstructing
215.(1) A person must not obstruct an inspector in the exercise of a 20
power, unless the person has a reasonable excuse for the obstruction. 21
Maximum penalty--40 penalty units. 22
(2) If a person has obstructed an inspector and the inspector decides to 23
proceed with the exercise of the power, the inspector must warn the person 24
that-- 25
(a) it is an offence to obstruct the inspector, unless the person has a 26
reasonable excuse; and 27
(b) the inspector considers the person's conduct is an obstruction. 28
(3) If, after an inspector has warned the person, the person continues 29
with the conduct or repeats the conduct, the inspector may ask a police 30
s 216 113 s 216
Keno
officer to help with the enforcement of this section. 1
(4) Subsection (3) does not limit section 183.13 2
police officer may take for obstruction 3
Steps
216. A police officer may take the following steps if a person has 4
obstructed an inspector-- 5
(a) the police officer may ask the person whether the person has a 6
reasonable excuse for the conduct; 7
(b) if the person gives an excuse, the police officer may ask for 8
details or further details of the excuse; 9
(c) if the person does not answer the question or gives an excuse the 10
police officer reasonably believes is not a reasonable excuse, the 11
officer may-- 12
(i) tell the person that the officer is considering arresting the 13
person for obstruction; and 14
(ii) require the person to stop, or not repeat, the conduct; 15
(d) the police officer may arrest the person without a warrant if the 16
officer reasonably believes-- 17
(i) the person has not complied with a requirement of the 18
officer under paragraph (c)(ii); and 19
(ii) proceedings by way of complaint and summons against the 20
person for an offence against section 215 would be 21
ineffective. 22
13 Section 183 (Role of police officers)
s 217 114 s 220
Keno
ART 10--LEGAL PROCEEDINGS 1
P
1--Evidence 2
Division
of division 3
Application
217. This division applies to a proceeding under this Act. 4
and authority 5
Appointments
218. It is not necessary to prove-- 6
(a) the chief executive's appointment; or 7
(b) an inspector's appointment under a Gaming Act; or 8
(c) the authority of the chief executive or an inspector to do anything 9
under this Act. 10
11
Signatures
219. A signature purporting to be the signature of the chief executive or 12
an inspector is evidence of the signature it purports to be. 13
aids 14
Evidentiary
220.(1) A certificate purporting to be signed by the chief executive stating 15
any of the following matters is evidence of the matter-- 16
(a) a stated document is one of the following things made, given, 17
issued or kept under this Act-- 18
(i) an appointment, approval or decision; 19
(ii) a notice, direction or requirement; 20
(iii) a licence; 21
(iv) a record, or an extract from a record; 22
(b) a stated document is another document kept under this Act; 23
s 221 115 s 221
Keno
(c) a stated document is a copy of a thing mentioned in paragraph (a) 1
or (b); 2
(d) on a stated day, or during a stated period, a stated person was or 3
was not the holder of a licence; 4
(e) on a stated day, or during a stated period, a licence-- 5
(i) was or was not in force; or 6
(ii) was or was not subject to a stated condition; 7
(f) on a stated day, a licence was suspended for a stated period or 8
cancelled; 9
(g) on a stated day, or during a stated period, a stated appointment 10
(including a person's appointment as an inspector under a 11
Gaming Act) or stated approval was, or was not, in force for a 12
stated person or thing; 13
(h) on a stated day, a stated person was given a stated notice or 14
direction under this Act; 15
(i) on a stated day, a stated requirement was made of a stated person; 16
(j) a stated amount is payable under this Act by a stated person and 17
has not been paid; 18
(k) anything else prescribed under a regulation. 19
(2) In this section-- 20
"licence" means a keno licence or keno employee licence. 21
Division 2--Proceedings 22
and summary offences 23
Indictable
221.(1) An offence against section 155, 14 15615 or 15816 is an indictable 24
14 Section 155 (Cheating)
15 Section 156 (Forgery and deception)
16 Section 158 (Bribery)
s 222 116 s 222
Keno
offence. 1
(2) Any other offence against this Act is a summary offence. 2
for indictable offences 3
Proceedings
222.(1) A proceeding for an indictable offence against this Act may be 4
taken, at the election of the prosecution-- 5
(a) by way of summary proceedings under the Justices Act 1886; or 6
(b) on indictment. 7
(2) A magistrate must not hear an indictable offence summarily if-- 8
(a) the defendant asks at the start of the hearing that the charge be 9
prosecuted on indictment; or 10
(b) the magistrate considers the charge should be prosecuted on 11
indictment. 12
(3) If subsection (2) applies-- 13
(a) the magistrate must proceed by way of an examination of 14
witnesses for an indictable offence; and 15
(b) a plea of the person charged at the start of the proceeding must be 16
disregarded; and 17
(c) evidence brought in the proceeding before the magistrate decided 18
to act under subsection (2) is taken to be evidence in the 19
proceeding for the committal of the person for trial or sentence; 20
and 21
(d) before committing the person for trial or sentence, the magistrate 22
must make a statement to the person as required by the Justices 23
Act 1886, section 104(2)(b).17 24
(4) The maximum penalty that may be summarily imposed for an 25
indictable offence is 165 penalty units. 26
17 Section 104 (Proceedings upon an examination of witnesses in relation to an
indictable offence)
s 223 117 s 225
Keno
on who may summarily hear indictable offence 1
Limitation
proceedings 2
223.(1) A proceeding must be before a magistrate if it is a proceeding-- 3
(a) for the summary conviction of a person on a charge for an 4
indictable offence; or 5
(b) for an examination of witnesses for a charge for an indictable 6
offence. 7
(2) However, if a proceeding for an indictable offence is brought before a 8
justice who is not a magistrate, jurisdiction is limited to taking or making a 9
procedural action or order within the meaning of the Justices of the Peace 10
and Commissioners for Declarations Act 1991. 11
on time for starting summary proceedings 12
Limitation
224. A proceeding for an offence against this Act by way of summary 13
proceeding under the Justices Act 1886 must start-- 14
(a) within 1 year after the commission of the offence; or 15
(b) at any later time but within 6 months after the offence comes to 16
the complainant's knowledge. 17
for acts or omissions of representatives 18
Responsibility
225.(1) In this section-- 19
"representative" means-- 20
(a) of a corporation--an executive officer, employee or agent of the 21
corporation; or 22
(b) of an individual--an employee or agent of the individual. 23
"state of mind" of a person includes-- 24
(a) the person's knowledge, intention, opinion, belief or purpose; and 25
(b) the person's reasons for the intention, opinion, belief or purpose. 26
(2) Subsections (3) and (4) apply in a proceeding for an offence against 27
this Act. 28
(3) If it is relevant to prove a person's state of mind about a particular act 29
s 226 118 s 226
Keno
or omission, it is enough to show-- 1
(a) the act was done or omitted to be done by a representative of the 2
person within the scope of the representative's actual or apparent 3
authority; and 4
(b) the representative had the state of mind. 5
(4) An act done or omitted to be done for a person by a representative of 6
the person within the scope of the representative's actual or apparent 7
authority is taken to have been done or omitted to be done also by the 8
person, unless the person proves the person could not, by the exercise of 9
reasonable diligence, have prevented the act or omission. 10
officers must ensure corporation complies with Act 11
Executive
226.(1) The executive officers of a corporation must ensure the 12
corporation complies with this Act. 13
(2) If a corporation commits an offence against a provision of this Act, 14
each of the corporation's executive officers also commits an offence, 15
namely, the offence of failing to ensure that the corporation complies with 16
the provision. 17
Maximum penalty for subsection (2)--the penalty for the contravention of 18
the provision by an individual. 19
(3) Evidence that the corporation has been convicted of an offence 20
against a provision of this Act is evidence that each of the executive officers 21
committed the offence of failing to ensure that the corporation complies 22
with the provision. 23
(4) However, it is a defence for an executive officer to prove-- 24
(a) if the officer was in a position to influence the conduct of the 25
corporation in relation to the offence--the officer exercised 26
reasonable diligence to ensure the corporation complied with the 27
provision; or 28
(b) the officer was not in a position to influence the conduct of the 29
corporation in relation to the offence. 30
s 227 119 s 231
Keno
to commit offences 1
Attempts
227.(1) A person who attempts to commit an offence against this Act 2
commits an offence. 3
Maximum penalty--half the maximum penalty for committing the offence. 4
(2) The Criminal Code, section 418 applies to subsection (1). 5
ART 11--APPEALS 6
P
by keno licensees 7
Appeals
228. A keno licensee may appeal against a decision of the chief executive 8
mentioned in schedule 2, part 1. 9
by applicants for keno employee licences 10
Appeals
229. An applicant for a keno employee licence may appeal against a 11
decision of the chief executive under section 5019 to refuse to grant the 12
application. 13
by licensed keno employees 14
Appeals
230. A licensed keno employee may appeal against a decision of the 15
chief executive mentioned in schedule 2, part 2. 16
by keno agents 17
Appeals
231. A keno agent may appeal against a decision of the chief executive 18
mentioned in schedule 2, part 3. 19
18 Section 4 (Attempts to commit offences)
19 Section 50 (Consideration of application)
s 232 120 s 235
Keno
ppeals by keno subagents 1
A
232. A keno subagent may appeal against a decision of the chief 2
executive mentioned in schedule 2, part 4. 3
by other persons 4
Appeals
233. The owner of a thing seized by an inspector may appeal against a 5
decision of the inspector under section 19020 to forfeit the thing. 6
to which appeal may be made 7
Court
234.(1) An appeal by a licensed keno employee, or applicant for a keno 8
employee licence, may be made to the Magistrates Court nearest the place 9
where the employee or applicant resides or carries on, or proposes to carry 10
on, employment, or activities as a key operator, under the keno employee 11
licence. 12
(2) An appeal by a keno licensee may be made to the Magistrates Court 13
nearest the place where the licensee resides or carries on operations under 14
the keno licence. 15
(3) An appeal by an appointed agent may be made to the Magistrates 16
Court nearest the place where the agent resides or carries on operations. 17
(4) An appeal by another person may be made to the Magistrates Court 18
nearest the place where the person resides or carries on business. 19
appeal 20
Starting
235.(1) An appeal is started by-- 21
(a) filing a written notice of appeal with the clerk of the court of the 22
Magistrates Court; and 23
(b) serving a copy of the notice on the person (the "decision 24
maker") who made the decision appealed against. 25
(2) The notice of appeal must be filed within 28 days after the appellant 26
receives notice of the decision. 27
20 Section 190 (Forfeiture of seized things)
s 236 121 s 238
Keno
(3) The court may at any time extend the period for filing the notice of 1
appeal. 2
(4) The notice of appeal must state fully the grounds of the appeal and the 3
facts relied on. 4
of operations of decisions 5
Stay
236.(1) The Magistrates Court may grant a stay of the operation of a 6
decision appealed against to secure the effectiveness of the appeal. 7
(2) A stay-- 8
(a) may be given on conditions the court considers appropriate; and 9
(b) operates for the period fixed by the court; and 10
(c) may be revoked or amended by the court. 11
(3) The period of a stay under this section must not extend past the time 12
when the court decides the appeal. 13
(4) An appeal against a decision affects the decision, or carrying out of 14
the decision, only if the decision is stayed. 15
procedures 16
Hearing
237.(1) In deciding an appeal, the Magistrates Court-- 17
(a) has the same powers as the decision maker; and 18
(b) is not bound by the rules of evidence; and 19
(c) must comply with natural justice; and 20
(d) may hear the appeal in court or chambers. 21
(2) An appeal is by way of rehearing. 22
of Court on appeal 23
Powers
238.(1) In deciding an appeal, the Magistrates Court may-- 24
(a) confirm the decision; or 25
(b) set aside the decision and substitute another decision; or 26
s 239 122 s 240
Keno
(c) set aside the decision and return the issue to the decision maker 1
with the directions the court considers appropriate. 2
(2) If the Magistrates Court substitutes another decision, the substituted 3
decision is, for this Act (other than this part) taken to be the decision 4
maker's decision. 5
to District Court 6
Appeal
239. An appeal to a District Court from a decision of a Magistrates Court 7
may be made only on a question of law. 8
PART 12--MISCELLANEOUS 9
of information 10
Confidentiality
240.(1) A person who is, or was, an inspector, or officer or employee of 11
the department, must not disclose information gained by the person in 12
performing functions under this Act. 13
Maximum penalty--200 penalty units or 2 years imprisonment. 14
(2) Subsection (1) does not apply to the disclosure of information by a 15
person-- 16
(a) for a purpose under this Act or a Gaming Act; or 17
(b) with a lawful excuse; or 18
(c) under an approval of the chief executive under this section. 19
(3) The chief executive may approve the disclosure of information by a 20
person to-- 21
(a) an entity prescribed under a regulation; or 22
(b) an officer, employee or member of the entity; or 23
(c) a stated department, entity or person. 24
(4) Before giving an approval for subsection (3)(c), the chief executive 25
must-- 26
s 241 123 s 243
Keno
(a) give written notice of the proposed approval to any person whom 1
the chief executive considers is likely to be affected adversely by 2
the disclosure; and 3
(b) give the person the opportunity of making a submission about the 4
proposed approval within the time (not less than 14 days) stated 5
in the notice. 6
(5) If information is disclosed to an entity or person under an approval 7
given by the chief executive, the entity or person, and any employee or other 8
person under the control of the entity or person, are taken to be persons to 9
whom subsection (1) applies and to have gained the information in 10
performing functions under this Act. 11
12
Delegations
241.(1) The Minister may delegate the Minister's powers under this Act 13
to the chief executive or an appropriately qualified officer of the department. 14
(2) The chief executive may delegate the chief executive's powers under 15
this Act to an appropriately qualified inspector or an appropriately qualified 16
officer of the department. 17
(3) In this section-- 18
"appropriately qualified" includes having the qualifications, experience or 19
standing appropriate to exercise the power. 20
21
Example of `standing'--
22
a person's classification level in the public service.
of forms 23
Approval
242. The chief executive may approve forms for use under this Act. 24
power 25
Regulation-making
243. The Governor in Council may make regulations under this Act. 26
s 244 124 s 244
Keno
ART 13--CONSEQUENTIAL AMENDMENTS 1
P
amended 2
Acts
244. Schedule 3 amends the Acts mentioned in it. 3
125
Keno
CHEDULE 1 1
¡S
ECISIONS NOT SUBJECT TO APPEAL 2
D
section 41 3
ART 1--DECISIONS OF GOVERNOR IN COUNCIL 4
´P
Section Description of decision 5
32 Suspending a keno licence 6
32 Cancelling a keno licence 7
32 Appointing an administrator to conduct the operations of a 8
keno licensee under a keno licence 9
34 For a keno licence that is suspended--cancelling or 10
reducing any remaining period of suspension 11
PART 2--DECISIONS OF MINISTER 12
´
Section Description of decision 13
13 Issuing a keno licence 14
14 Entering into, or not to enter into, a keno agreement with a 15
person 16
13 and 14 Not to issue a keno licence to a person who is a party to a 17
keno agreement 18
19 Imposing a condition on a keno licence 19
28 Suspending a keno licence 20
29 Censuring a keno licensee 21
126
Keno
SCHEDULE 1 (continued)
30 Directing a keno licensee to rectify a matter 1
133 Refusing to give an approval for a keno licensee to enter 2
into an ancillary keno agreement 3
137 Directing the termination of a related agreement 4
207 Directing a keno licensee to stop or change a management 5
practice 6
7
127
Keno
CHEDULE 2 1
¡S
ECISIONS OF CHIEF EXECUTIVE SUBJECT TO 2
D
APPEAL 3
sections 228, 230, 231 and 232 4
ART 1--DECISIONS AFFECTING KENO 5
´P
LICENSEES 6
Section Description of decision 7
66 Suspending or cancelling a keno employee licence held by 8
a keno employee or key operator of the keno licensee 9
101 Directing the keno licensee to terminate an agency 10
agreement 11
101 Directing a keno agent of the keno licensee to terminate a 12
subagent's appointment 13
PART 2--DECISIONS AFFECTING LICENSED KENO 14
´
EMPLOYEES 15
Section Description of decision 16
57 Imposing a condition on the keno employee licence 17
58 Changing a condition of the keno employee licence 18
59 Refusing to grant an application to replace the keno 19
employee licence 20
66 Suspending or cancelling the keno employee licence 21
128
Keno
SCHEDULE 2 (continued)
PART 3--DECISIONS AFFECTING KENO AGENTS 1
´
Section Description of decision 2
101 Directing a keno licensee to terminate the agency 3
agreement 4
101 Directing the keno agent to terminate a subagent's 5
appointment 6
ART 4--DECISIONS AFFECTING KENO 7
´P
SUBAGENTS 8
Section Description of decision 9
101 Directing a keno agent to terminate the subagent's 10
appointment 11
101 Directing a keno licensee to terminate an agency 12
agreement entered into by the keno subagent's principal 13
14
129
Keno
CHEDULE 3 1
¡S
CONSEQUENTIAL AMENDMENTS 2
section 244 3
RT UNIONS AND PUBLIC AMUSEMENTS ACT 1992 4
´A
1. Section 4-- 5
insert-- 6
` "Gaming Act" means any of the following Acts-- 7
· Casino Control Act 1982 8
· Gaming Machine Act 1991 9
· Keno Act 1996.'. 10
2. Section 125, words after `except'-- 11
omit, insert-- 12
`for a purpose under this Act or a Gaming Act'. 13
ASINO CONTROL ACT 1982 14
´C
1. Section 4(1)-- 15
insert-- 16
` "Gaming Act" means any of the following Acts-- 17
· Art Unions and Public Amusements Act 1992 18
· Gaming Machine Act 1991 19
· Keno Act 1996.'. 20
130
Keno
SCHEDULE 3 (continued)
2. Section 14(2)(b)(i)-- 1
omit, insert-- 2
`(i) for a purpose under this Act or a Gaming Act; or'. 3
AMING MACHINE ACT 1991 4
´G
1. Section 3-- 5
insert-- 6
` "Gaming Act" means any of the following Acts-- 7
· Art Unions and Public Amusements Act 1992 8
· Casino Control Act 1982 9
· Keno Act 1996.'. 10
2. Section 35(1), `this Act, information'-- 11
omit, insert-- 12
`this Act or a Gaming Act, information'. 13
3. Section 35(2)(b)(i)-- 14
omit, insert-- 15
`(i) for a purpose under this Act or a Gaming Act; or'. 16
LIQUOR ACT 1992 17
´
1. Section 151(a)-- 18
insert-- 19
131
Keno
SCHEDULE 3 (continued)
`(iv) for conducting or playing a keno game conducted by a keno 1
licensee under a keno licence; or'. 2
2. Section 151-- 3
insert-- 4
`(2) In subsection (1)-- 5
"keno game" means a game for which rules are made under the Keno Act 6
1996, section 138.21 7
"keno licence" means a licence to conduct keno games issued under the 8
Keno Act 1996. 9
"keno licensee" means a person who holds a keno licence.'. 10
RACING AND BETTING ACT 1980 11
´
1. Section 189(4)-- 12
insert-- 13
`(ca) to enter into an agency agreement with a keno licensee and act as 14
an agent of the licensee for the conduct of keno games by the 15
licensee under the licensee's keno licence;'. 16
2. Section 189-- 17
insert-- 18
`(26) In this section-- 19
"agency agreement" see the Keno Act 1996, section 84.22 20
"keno game" means a game for which rules are made under the Keno 21
21 Section 138 (Keno rules)
22 Section 84 (Entering into agency agreements)
132
Keno
SCHEDULE 3 (continued)
Act 1996, section 138.23 1
"keno licence" means a licence to conduct keno games issued under the 2
Keno Act 1996. 3
"keno licensee" means a person who holds a keno licence.'. 4
5
23 Section 138 (Keno rules)
133
Keno
CHEDULE 4 1
¡S
ICTIONARY 2
D
section 2 3
"accepted representations", for part 3, division 3, see section 27. 4
"accepted representations", for part 4, division 5, see section 62. 5
"accepted representations", for part 5, division 3, see section 97. 6
"accepted representations", for part 8, division 1, see section 136. 7
"agency agreement" see section 84. 8
"ancillary keno agreement" means an agreement (other than an agency 9
agreement or agreement providing for a subagent's appointment), 10
contract, lease or arrangement (whether written or unwritten) under 11
which a person agrees to provide to a keno licensee a thing or service 12
in return for a direct or indirect interest in, or percentage or share of-- 13
(a) amounts received by the licensee in conducting keno games under 14
the keno licence; or 15
(b) the revenue, profit or earnings derived by the licensee in 16
conducting keno games under the keno licence. 17
"appointed agent" means a keno agent or subagent. 18
"approved control system" means a control system approved by the chief 19
executive, and includes an approved control system changed under a 20
direction or approval of the chief executive. 21
"approved form" see section 242.24 22
"approved form of identification", for a licensed keno employee, means 23
a card or other thing that-- 24
(a) contains a recent photograph of the employee; and 25
24 Section 242 (Approval of forms)
134
Keno
SCHEDULE 4 (continued)
(b) is signed by the employee; and 1
(c) identifies the person as a licensed keno employee; and 2
(d) complies with any other requirements prescribed under a 3
regulation. 4
"approved keno game" means a keno game conducted by a keno licensee 5
under the keno licence. 6
"approved place" see section 122. 7
"associated keno agreement", for a keno licence, means the keno 8
agreement for which the licence is issued. 9
"authorised keno operator" means a keno licensee or appointed agent. 10
"basic qualifying period", for an agency agreement, means the period 11
starting when the agreement is entered into and ending on the day 12
immediately before the intended operation day for the agreement. 13
"business associate", of an appointed agent, means a person whom the 14
chief executive reasonably believes is associated with the ownership or 15
management of the agent's operations. 16
"business associate", of a keno licensee, means a person whom the 17
Minister reasonably believes is associated with the ownership or 18
management of the licensee's operations. 19
"business associate", of a proposed keno licensee, means a person whom 20
the Minister reasonably believes-- 21
(a) is associated with the ownership or management of the proposed 22
keno licensee's operations; or 23
(b) will, if a keno licence is issued to the proposed keno licensee, be 24
associated with the ownership or management of the licensee's 25
operations. 26
135
Keno
SCHEDULE 4 (continued)
"casino" see the Casino Control Act 1982, section 4.25 1
"completed entry form", for an approved keno game, means an entry 2
form for the game marked by a person to show the person's selection 3
of a number or numbers for the game. 4
"conduct", by a keno licensee, includes promote, organise and operate. 5
"consent acknowledgment" see section 174. 6
"control system" means a system of internal controls and administrative 7
and accounting procedures for the conduct of keno games by a keno 8
licensee under a keno licence. 9
"control system (change) submission" see section 119. 10
"control system submission" see section 118. 11
"conviction" includes a plea of guilty or a finding of guilt by a court even 12
though a conviction is not recorded. 13
"document certification requirement" see section 199. 14
"document production requirement" see section 199. 15
"employ" includes engage under a contract for services. 16
"entry form", for an approved keno game, means a card or other thing 17
made available by the keno licensee conducting the game for use by a 18
person intending to take part in the game for marking the person's 19
selection of a number or numbers for the game. 20
"executive associate", of an appointed agent, means an executive officer of 21
a corporation, partner or trustee, or another person stated by the 22
Minister, whom the Minister reasonably believes is associated with the 23
ownership or management of the operations of the appointed agent. 24
25 Casino Control Act 1982, section 4--
"casino" means the areas of a hotel-casino complex identified in the casino licence
as the areas of the casino, and includes, for example, if identified in the licence,
not only the areas for the conduct and playing of games but also areas for money
counting, surveillance, accounting, storage and other activities related to the
operation and functioning of the casino.
136
Keno
SCHEDULE 4 (continued)
"executive associate", of a keno licensee, means an executive officer of a 1
corporation, partner or trustee, or another person stated by the 2
Minister, whom the Minister reasonably believes is associated with the 3
ownership or management of the operations of the keno licensee. 4
"executive associate", of a proposed keno licensee, means an executive 5
officer of a corporation, partner or trustee, or another person stated by 6
the Minister, whom the Minister reasonably believes-- 7
(a) is associated with the ownership or management of the proposed 8
keno licensee's operations; or 9
(b) will, if a keno licence is issued to the proposed keno licensee, be 10
associated with the ownership or management of the licensee's 11
operations. 12
"executive officer", of a corporation, means a person who is concerned 13
with, or takes part in, the corporation's management, whether or not 14
the person is a director or the person's position is given the name of 15
executive officer. 16
"exempt keno employee" means-- 17
(a) a keno employee declared by the chief executive under section 42 18
to be an exempt keno employee; or 19
(b) a keno employee included in a class of keno employees declared 20
by the chief executive under section 42 to be an exempt class of 21
keno employees. 22
"exempt keno record" see section 122. 23
"final qualification day" see section 88. 24
"financial records requirement" see section 204. 25
"Gaming Act" means any of the following Acts-- 26
· Art Unions and Public Amusements Act 1992 27
· Casino Control Act 1982 28
· Gaming Machine Act 1991. 29
"gross revenue", for a keno licensee for a month, means the amount 30
137
Keno
SCHEDULE 4 (continued)
worked out under the associated keno agreement as being the 1
licensee's gross revenue for the month. 2
"identity card", for an inspector, see section 170(2). 3
"information notice", for a decision of the chief executive, is a written 4
notice stating-- 5
(a) the decision; and 6
(b) the reasons for the decision; and 7
(c) that the person to whom the notice is given may appeal against 8
the decision to a Magistrates Court within 28 days. 9
"inspector" means a person who is an inspector for this Act. 10
"intended operation day", for an agency agreement, means the day (not 11
earlier than 15 days after the agreement is entered into) stated in the 12
agreement as the day it is intended the keno agent may start operations. 13
"interested person", for section 27, see section 26. 14
"keno agent" means a person appointed under an agency agreement as an 15
agent of a keno licensee. 16
"keno agreement" see section 14. 17
"keno employee" means an employee who has functions relating to the 18
conduct of keno games. 19
"keno employee licence" means a licence issued under section 53 or 56.26 20
"keno equipment" means a machine or other device (whether electronic, 21
electrical or mechanical), computer software, or another thing, used, or 22
suitable for use, in the conduct or playing of keno games. 23
"keno game" means a game for which rules are made by the Minister 24
under section 138.27 25
"keno gaming" means the playing of an approved keno game. 26
26 Section 53 (Decision about application)
Section 56 (Issue of licence)
27 Section 138 (Keno rules)
138
Keno
SCHEDULE 4 (continued)
"keno gaming place" means-- 1
(a) a place occupied by a keno licensee that is used for the conduct of 2
keno games, or parts of keno games, or a purpose relating to the 3
conduct of keno games, by the licensee under the keno licence; or 4
(b) a place occupied by an appointed agent that is used for the 5
conduct of keno games, or parts of keno games, or a purpose 6
relating to the conduct of keno games, by the principal keno 7
licensee; or 8
(c) if a keno licensee is a body corporate--a place occupied by a 9
related body corporate of the licensee that is used for a purpose 10
relating to the conduct of keno games by the licensee under the 11
keno licence. 12
"keno licence" means a licence to conduct keno games. 13
"keno licence fee" see section 112. 14
"keno licensee" means a person who holds a keno licence. 15
"keno official" means-- 16
(a) an inspector; or 17
(b) an officer of the department. 18
"keno record", of a keno licensee, means a record (including a document) 19
about the operations conducted by the licensee under the keno licence. 20
"keno subagent" see section 92. 21
"keno tax" see section 109. 22
"keno ticket" means a document or other thing that evidences the right of a 23
person to take part in an approved keno game. 24
"key official" see section 160. 25
"key operator", for a keno licensee, means a person who is associated 26
with the licensee in a way in which the person exercises, or is able to 27
exercise-- 28
(a) significant influence over the licensee's operations; or 29
139
Keno
SCHEDULE 4 (continued)
(b) because of the person's remuneration or policy-making position 1
or other reasons prescribed under a regulation--authority of a 2
nature, or to an extent, about the licensee's operations that makes 3
it desirable in the public interest for the person to be a licensed 4
keno employee. 5
"key operator's requirement" see section 45. 6
"licensed casino employee" means a person who holds a casino key 7
employee licence or casino employee licence under the Casino Control 8
Act 1982. 9
"licensed keno employee" means a person who holds a keno employee 10
licence. 11
"monthly gross revenue return" see section 111. 12
"official keno document" means-- 13
(a) a keno ticket; or 14
(b) a keno licence; or 15
(c) a keno employee licence; or 16
(d) an inspector's identity card; or 17
(e) an approved form of identification for a licensed keno employee. 18
"personal details requirement" see section 196. 19
"place of seizure" see section 186. 20
"principal keno licensee" means-- 21
(a) for a keno agent--the keno licensee by whom the agent is 22
appointed; or 23
(b) for a keno subagent--the keno licensee who appointed the keno 24
agent by whom the subagent is appointed. 25
"proposed action", for part 3, division 3, see section 25. 26
"proposed action", for part 4, division 5, see section 62. 27
"proposed keno licensee" see section 15. 28
140
Keno
SCHEDULE 4 (continued)
"qualification notice" see section 88. 1
"qualifying period", for an agency agreement, means the period starting 2
when the agency agreement is entered into and ending-- 3
(a) on the day immediately before the intended operation day for the 4
agreement; or 5
(b) if a qualification notice is given for the agreement-- 6
(i) on the final qualification day for the notice; or 7
(ii) if the notice is withdrawn--on the day the notice is 8
withdrawn. 9
"reasonably believes" means believes on grounds that are reasonable in all 10
the circumstances. 11
"reasonably suspects" means suspects on grounds that are reasonable in 12
all the circumstances. 13
"registered company auditor" means a person registered as an auditor, or 14
taken to be registered as an auditor, under the Corporations Law, 15
chapter 9, part 9.2.28 16
"regulated keno equipment" means keno equipment declared under a 17
regulation to be regulated keno equipment. 18
"related agreement" means-- 19
(a) an agreement, contract, lease or arrangement (whether written or 20
unwritten) that-- 21
(i) is entered into between a keno licensee and another person; 22
and 23
(ii) relates to the operations of the licensee conducted under the 24
keno licence; or 25
(b) an ancillary keno agreement. 26
"related body corporate", of a keno licensee that is a body corporate, 27
means a body corporate that is related to the licensee because of the 28
28 Chapter 9 (Miscellaneous), part 9.2 (Registration of auditors and liquidators)
141
Keno
SCHEDULE 4 (continued)
Corporations Law, section 50.29 1
"show cause notice", for part 3, division 3, see section 25. 2
"show cause notice", for part 4, division 5, see section 62. 3
"show cause notice", for part 5, division 3, see section 97. 4
"show cause notice", for part 8, division 1, see section 136. 5
"show cause period", for part 3, division 3, see section 25. 6
"special warrant" see section 178. 7
"stop direction" see section 194. 8
"subscription" includes a contribution to a subscription. 9
10
© State of Queensland 1996
29 Corporations Law, section 50 (Related bodies corporate)
Where a body corporate is:
(a) a holding company of another body corporate;
(b) a subsidiary of another body corporate; or
(c) a subsidiary of a holding company of another body corporate;
the first-mentioned body and the other body are related to each other.
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