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KENO ACT 1996 - SCHEDULE 4

SCHEDULE 4 – Dictionary


"accepted representations" —

(a) for part 3 , division 3 —see section 27 ; and
(b) for part 4 , division 5 —see section 63 ; and
(c) for part 5 , division 3 —see section 97 (6) ; and
(d) for part 8 , division 1 —see section 136 (6) .

"agency agreement" see section 84 .

"ancillary keno agreement" means an agreement (other than an agency agreement or agreement providing for a subagent’s appointment), contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to a keno licensee a thing or service in return for a direct or indirect interest in, or percentage or share of—
(a) amounts received by the licensee in conducting keno games under the keno licence; or
(b) the revenue, profit or earnings derived by the licensee in conducting keno games under the keno licence.

"appointed agent" means a keno agent or subagent.

"appointed inspector" ...

"approved control system" ...

"approved evaluator" means an entity declared under a regulation to be an approved evaluator.

"approved form" see section 242 .

"approved form of identification" , for a licensed keno employee, means a card or other thing that—
(a) contains a recent photograph of the employee; and
(b) is signed by the employee; and
(c) identifies the person as a licensed keno employee; and
(d) complies with any other requirements prescribed under a regulation.

"approved keno game" means a keno game conducted by a keno licensee under the keno licence.

"approved place" see section 122 .

"approved place of operation" , for an appointed agent, means the place where the agent may, under section 142 (2) , carry on the agent’s operations.

"associated keno agreement" , for a keno licence, means the keno agreement for which the licence is issued.

"authorised keno operator" means a keno licensee or appointed agent.

"basic qualifying period" , for an agency agreement, means the period starting when the agreement is entered into and ending on the day immediately before the intended operation day for the agreement.

"business associate" , of an appointed agent, means a person whom the chief executive reasonably believes is associated with the ownership or management of the agent’s operations.

"business associate" , of a keno licensee, means a person whom the Minister reasonably believes is associated with the ownership or management of the licensee’s operations.

"business associate" , of a proposed keno licensee, means a person whom the Minister reasonably believes—
(a) is associated with the ownership or management of the proposed keno licensee’s operations; or
(b) will, if a keno licence is issued to the proposed keno licensee, be associated with the ownership or management of the licensee’s operations.

"casino" see the Casino Control Act 1982 , schedule.

"commencement" , for part 13 , division 2 , see section 245 .

"completed entry form" , for an approved keno game, means an entry form for the game marked by a person to show the person’s selection of a number or numbers for the game.

"conduct" , by a keno licensee, includes promote, organise and operate.

"consent acknowledgement" see section 174 .

"control system" means a system of internal controls for the conduct of keno games by a keno licensee under a keno licence.

"control system (change) submission" ...

"control system submission" ...

"conviction" includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.

"criminal history" , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , and—
(a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and
(b) despite section 5 of that Act, includes a charge made against the person for an offence.

"document certification requirement" see section 199 .

"document production requirement" see section 199 .

"employ" includes engage under a contract for services.

"entry form" , for an approved keno game, means a card or other thing made available by the keno licensee conducting the game for use by a person intending to take part in the game for marking the person’s selection of a number or numbers for the game.

"exclusion direction" see section 154D (1) .

"executive associate" , of an appointed agent, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the appointed agent.

"executive associate" , of a keno licensee, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes is associated with the ownership or management of the operations of the keno licensee.

"executive associate" , of a proposed keno licensee, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes—
(a) is associated with the ownership or management of the proposed keno licensee’s operations; or
(b) will, if a keno licence is issued to the proposed keno licensee, be associated with the ownership or management of the licensee’s operations.

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

"exempt keno employee" means—
(a) a keno employee declared by the chief executive under section 42 to be an exempt keno employee; or
(b) a keno employee included in a class of keno employees declared by the chief executive under section 42 to be an exempt class of keno employees.

"exempt keno record" see section 122 .

"final qualification day" see section 88 .

"financial records requirement" see section 204 .

"gaming Act" means any of the following Acts—
†¢ Casino Control Act 1982
†¢ Charitable and Non-Profit Gaming Act 1999
†¢ Gaming Machine Act 1991
†¢ Interactive Gambling (Player Protection) Act 1998
†¢ Lotteries Act 1997
†¢ Wagering Act 1998 .

"Gaming Commission" ...

"global GST amount" , for a keno licensee for a month, means the global GST amount, calculated under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , division 126 , for the month for the conduct of keno games under the licence.

"gross revenue" , for a keno licensee for a month, means the amount worked out under the associated keno agreement as being the licensee’s gross revenue for the month.

"identity card" , for an inspector, means the inspector’s identity card under this Act.

"indictable offence" includes an indictable offence dealt with summarily, whether or not the Criminal Code , section 659 , applies to the indictable offence.

"information notice" means a written notice complying with the QCAT Act , section 157 (2) .

"inspector" means a person who is an inspector under this Act.

"intended operation day" , for an agency agreement, means the day (not earlier than 15 days after the agreement is entered into) stated in the agreement as the day it is intended the keno agent may start operations.

"interested person" , for section 27 , see section 26 .

"keno agent" means a person appointed under an agency agreement as an agent of a keno licensee.

"keno agreement" see section 14 .

"keno employee" means an employee who has functions relating to the conduct of keno games.

"keno employee licence" means a licence issued under section 53 or 56 .

"keno equipment" means a machine or other device (whether electronic, electrical or mechanical), computer software, or another thing, used, or suitable for use, in connection with keno games.

"keno game" means a game for which rules are made by the Minister under section 138 .

"keno gaming" means the playing of an approved keno game.

"keno gaming place" means—
(a) a place occupied by a keno licensee that is used for the conduct of keno games, or parts of keno games, or a purpose relating to the conduct of keno games, by the licensee under the keno licence; or
(b) a place occupied by an appointed agent that is used for the conduct of keno games, or parts of keno games, or a purpose relating to the conduct of keno games, by the principal keno licensee; or
(c) if a keno licensee is a body corporate—a place occupied by a related body corporate of the licensee that is used for a purpose relating to the conduct of keno games by the licensee under the keno licence.

"keno licence" means a licence to conduct keno games.

"keno licence fee" see section 112 .

"keno licensee" means a person who holds a keno licence.

"keno official" means—
(a) an inspector; or
(b) an officer of the department.

"keno pooling agreement" see section 137A .

"keno record" , of a keno licensee, means a record (including a document) about the operations conducted by the licensee under the keno licence.

"keno subagent" see section 92 .

"keno tax" see section 109 .

"keno ticket" means a document or other thing that evidences the right of a person to take part in an approved keno game.

"key official" see section 160 .

"key operator" , for a keno licensee, means a person who is associated with the licensee in a way in which the person exercises, or is able to exercise—
(a) significant influence over the licensee’s operations; or
(b) because of the person’s remuneration or policy-making position or other reasons prescribed under a regulation—authority of a nature, or to an extent, about the licensee’s operations that makes it desirable in the public interest for the person to be a licensed keno employee.

"key operator’s requirement" see section 45 .

"licensed casino employee" means a person who holds a casino key employee licence or casino employee licence under the Casino Control Act 1982 .

"licensed keno employee" means a person who holds a keno employee licence.

"monthly gross revenue return" see section 111 .

"official keno document" means—
(a) a keno ticket; or
(b) a keno licence; or
(c) a keno employee licence; or
(d) an inspector’s identity card; or
(e) an approved form of identification for a licensed keno employee.

"personal details requirement" see section 196 .

"person experiencing harm from gambling" see section 154GA .

"place of seizure" see section 186 .

"player account" means an account established under section 147 .

"pre-amended Act" , for part 13 , division 2 , see section 245 .

"principal keno licensee" means—
(a) for a keno agent—the keno licensee by whom the agent is appointed; or
(b) for a keno subagent—the keno licensee who appointed the keno agent by whom the subagent is appointed.

"problem gambler" ...

"proposed action" —
(a) for part 3 , division 3 —see section 25 (2) (a) ; and
(b) for part 4 , division 5 —see section 62 (2) (a) .

"proposed keno licensee" see section 15 .

"qualification notice" see section 88 .

"qualifying period" , for an agency agreement, means the period starting when the agency agreement is entered into and ending—
(a) on the day immediately before the intended operation day for the agreement; or
(b) if a qualification notice is given for the agreement—
(i) on the final qualification day for the notice; or
(ii) if the notice is withdrawn—on the day the notice is withdrawn.

"reasonably believes" means believes on grounds that are reasonable in all the circumstances.

"reasonably suspects" means suspects on grounds that are reasonable in all the circumstances.

"registered company auditor" means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act , part 9.2 .

"registrar" ...

"regulated keno equipment" means keno equipment declared under a regulation to be regulated keno equipment.

"related agreement" means—
(a) an agreement, contract, lease or arrangement (whether written or unwritten) that—
(i) is entered into between a keno licensee and another person; and
(ii) relates to the operations of the licensee conducted under the keno licence; or
(b) an ancillary keno agreement.

"related body corporate" , of a keno licensee that is a body corporate, means a body corporate that is related to the licensee because of the Corporations Act , section 50 .

"revocation notice" —
(a) for part 8 , division 3 , subdivision 1 —see section 154C (1) ; and
(b) for part 8 , division 3 , subdivision 2 —see section 154G (5) .

"self-exclusion notice" see section 154A (1) .

"self-exclusion order" see section 154B (1) (a) .

"show cause notice" —
(a) for part 3 , division 3 —see section 25 (2) ; and
(b) for part 4 , division 5 —see section 62 (1) ; and
(c) for part 5 , division 3 —see section 97 (2) ; and
(d) for part 8 , division 1 —see section 136 (2) .

"show cause period" , for part 3 , division 3 , see section 25 (2) (e) .

"special warrant" see section 178 .

"stop direction" see section 194 .

"subscription" includes a contribution to a subscription.

"tribunal" means QCAT.



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