Queensland Consolidated Acts

INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 - SECT 263

263 Regulation-making power

(1) The Governor in Council may make regulations under this Act.

(2) A regulation may impose a penalty of not more than 20 penalty units for a contravention of the regulation.

(3) Subsection (2) does not limit any forfeiture under a regulation.

(4) A regulation may—

(a) prohibit a disqualified person from having, or otherwise limit the extent to which a disqualified person may have, a beneficial interest in a licensed corporation; or

(b) require a licensed corporation to ensure that a disqualified person is not a business or executive associate of the corporation; or

(c) prohibit a disqualified person from holding an interactive gambling licence or key person licence; or

(d) provide for fees payable under this Act and the matters for which fees are payable.

(5) A regulation under subsection (4) (a) may also provide for any of the following—

(a) stating the disqualified persons to whom the regulation applies;

(b) stating when a disqualified person is taken to have a beneficial interest in a licensed corporation;

(c) requiring a disqualified person to dispose of a non-complying interest, or otherwise ensure that the person ceases to have a non-complying interest, within a stated time;

(d) if a person does not comply with a requirement under paragraph (c) —

(i) if the non-complying interest consists of a shareholding or other property—forfeiting the non-complying interest to the State or another person; or

(ii) if the non-complying interest consists of being a director of a corporation or holding another office—declaring that the person stops being a director of the corporation or stops holding the office, or is disqualified from again becoming a director of the corporation or holding the office;

(e) providing for the sale by the State or another person of an interest forfeited to the State or other person and application of the proceeds;

(f) limiting the value of the consideration received for an interest on making a compliance disposal of the interest;

(g) if the consideration received for an interest on making a compliance disposal of the interest is more than the limit under paragraph (f) , forfeiting the excess amount;

(h) requiring a person to give to the chief executive information or a document that is necessary and reasonable to help the chief executive decide a matter for the purposes of the regulation, including—

(i) whether a person is a disqualified person; and

(ii) whether an interest is a beneficial interest in a licensed corporation; and

(iii) whether an interest is a non-complying interest; and

(iv) what amount, if any, is liable to be forfeited under the regulation.

(6) A regulation under subsection (4) has effect despite anything in the Corporations Act.

(7) The State is not civilly liable because of a regulation made under subsection (4) or anything done, or omitted to be done, for the purposes of the regulation.

(8) A regulation may be made in aid of section 261A or 261B , including a regulation under subsection (4) .

(9) In this section—

"compliance disposal" , of an interest, means the disposal of the interest, as a result of which a disqualified person—

(a) no longer has a beneficial interest in a licensed corporation; or

(b) has less of a beneficial interest in a licensed corporation than the person had before the disposal.

"non-complying interest" means a beneficial interest in a licensed corporation to the extent to which the interest is held by a person in contravention of a regulation under subsection (4) (a) .

"State" includes an employee or agent of the State and a Minister.