Queensland Consolidated Acts

WAGERING ACT 1998

- As at 21 October 2022 
- Act 15 of 1998 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   2A.     Object

   PART 2 - INTERPRETATION

           Division 1 - Definitions

   3.      Definitions

           Division 2 - Basic concepts

   4.      Meaning of exclusivity period
   5.      Meaning of oncourse wagering permit
   6.      Meaning of race wagering licence
   7.      Meaning of sports wagering licence
   8.      Meaning of totalisator

           Division 3 - Other interpretative matters

   9.      References to applicants for oncourse wagering permits and permit holders
   10.     References to investments

   PART 3 - LAWFULNESS OF WAGERING

   11.     Lawful activities
   11A.    Offences about totalisators
   12.     Relationship with other laws

   PART 4 - WAGERING AUTHORITIES

           Division 1 - Suitability of persons

   13.     Suitability of involved persons
   14.     Suitability of associates
   15.     Other matters about suitability

           Division 2 - Applications for, and issue of, wagering authorities

   16.     Application for race wagering licence
   17.     Application for sports wagering licence
   18.     Application for oncourse wagering permit
   19.     Requirements about applications
   20.     Further information or documents to support application
   21.     Consideration of application
   22.     Conditions for granting application for wagering licence
   23.     Conditions for granting application for oncourse wagering permit
   24.     Investigation of suitability of persons
   25.     Criminal history reports for investigations
   26.     Decision on application
   27.     Conditions of authority
   28.     Form of authority
   29.     Term of licence
   29A.    Extension of wagering licence
   30.     Term of permit

           Division 3 - Dealings affecting wagering authorities

   31.     Changing conditions of authority
   32.     Recording change of conditions
   33.     Authority generally not transferable
   34.     Mortgage and transfer of authority
   35.     Surrender of authority

           Division 4 - Investigation of authority holders and associates

   36.     Audit programs
   37.     Investigation of suitability of authority holders
   38.     Investigation of suitability of associates of wagering licensees
   39.     Investigation of suitability of associates of permit holders
   40.     Requirement to give information or document for investigation
   41.     Failure to give information or document for investigation
   42.     Criminal history report for investigation

           Division 5 - Suspension and cancellation of wagering authorities

   43.     Grounds for suspension or cancellation
   44.     Show cause notice
   45.     Involvement of interested persons in show cause process
   46.     Consideration of representations
   47.     Ending show cause process without further action
   48.     Censuring authority holder
   49.     Direction to rectify
   50.     Notice by Minister to Governor in Council
   51.     Suspension, cancellation and appointment of administrator
   52.     Immediate suspension of authority by Minister
   53.     Terms of appointment, and role, of administrator
   54.     Cancellation or reduction of period of suspension
   55.     Notice to interested persons of decisions

           Division 6 - Approved events and contingencies

   56.     Application for approval of events or contingencies
   57.     Decision on application
   58.     Conditions of approval
   59.     Notice of decision
   60.     Period of approval
   61.     Withdrawal of approval

   PART 5 - WAGERING MANAGERS

           Division 1 - Suitability of persons

   62.     Suitability of involved persons
   63.     Suitability of associates
   64.     Other matters about suitability

           Division 2 - Appointment of wagering managers

   65.     Appointment
   66.     Application for approval
   67.     Further information or documents to support application
   68.     Consideration of application
   69.     Investigation of suitability of persons
   70.     Criminal history reports for investigations

           Division 3 - Wagering management agreements

   71.     Meaning of wagering management agreement
   72.     Entering into wagering management agreement
   73.     Amendment of wagering management agreement
   74.     Approvals for wagering management agreements

           Division 4 - Investigation of wagering managers and associates

   75.     Audit programs
   76.     Investigation of suitability of wagering managers
   77.     Investigation of suitability of associates of wagering managers
   78.     Requirement to give information or document for investigation
   79.     Failure to give information or document for investigation
   80.     Criminal history report for investigation

           Division 5 - Terminating wagering management agreements

   81.     Grounds for directing termination
   82.     Show cause notice
   83.     Representations about show cause notice
   84.     Ending show cause process without further action
   85.     Censuring wagering manager
   86.     Direction to rectify
   87.     Direction to terminate agreement
   88.     Termination of agreement on direction
   89.     Termination of agreement without direction
   90.     Suspending wagering manager’s operations
   91.     Notice to wagering licensee of decisions

   PART 6 - STATUS OF CERTAIN DECISIONS

   92.     Definition for part
   93.     Application of part
   94.     Certain decisions not to be justiciable

   PART 7 - KEY EMPLOYEES AND OPERATORS FOR AUTHORITY OPERATORS

           Division 1 - Licensing requirements for key employees

   95.     Meaning of key employee
   96.     Requirement to be licensed employee
   97.     Prohibition of employment as key employees of persons who are not licensed employees

           Division 2 - Requirements about key operators

   98.     Meaning of key operator
   99.     Requirement that key operator apply for licence or end role
   100.    Requirement that key operator end role
   101.    Requirement to end key operator’s role

           Division 3 - Applications for, and issue of, key person licences

   102.    Application for licence
   103.    Further information or documents to support application
   104.    Consideration of application
   105.    Conditions for granting application
   106.    Investigation of suitability of applicant
   107.    Criminal history report for investigation
   108.    Decision on application
   109.    Conditions of licence
   110.    Form of licence
   111.    Term of licence
   112.    Lapsing of licence

           Division 4 - Suitability of persons

   113.    Suitability of applicants and key person licensees

           Division 5 - Dealings affecting key person licences

   114.    Changing conditions of licence
   115.    Recording change of conditions
   116.    Replacement of licence
   117.    Surrender of licence

           Division 6 - Investigation of key person licensees

   118.    Audit program
   119.    Investigation of suitability of key person licensees
   120.    Requirement to give information or document for investigation
   121.    Failure to give information or document for investigation
   122.    Criminal history report for investigation

           Division 7 - Suspension and cancellation of key person licences, and other action by chief executive

              Subdivision 1 - Suspension and cancellation

   123.    Grounds
   124.    Show cause notice
   125.    Consideration of representations
   126.    Immediate suspension
   127.    Suspension and cancellation of licence after show cause process

              Subdivision 2 - Other action by chief executive

   128.    Ending show cause process without further action
   129.    Censuring key person licensee
   130.    Direction to rectify matter after show cause process
   131.    Cancellation or reduction of period of suspension

           Division 8 - Requirements about employment

   132.    Notice of start of licensed employee’s employment
   133.    (Repealed)
   134.    Notice of end of licensed employee’s employment
   135.    Requirement to end licensed employee’s employment

           Division 9 - Requirements about association with key operators

   136.    Notice of end of key operator’s role
   137.    Requirement to end key operator’s role

           Division 10 - Other matters

   138.    False statements by applicants
   139.    Destruction of fingerprints

   PART 8 - WAGERING AGENTS

           Division 1 - Agency agreements

   140.    Meaning of agency agreement
   141.    Conditions for entering into agency agreement
   142.    (Repealed)
   143.    Amendment of agency agreement
   144.    (Repealed)
   145.    (Repealed)

           Division 2 - Suitability of persons

   146.    Suitability of agents
   147.    Suitability of associates

           Division 3 - Investigation of wagering agents and associates

   148.    Investigation of suitability of agents
   149.    Investigation of suitability of associates
   150.    Requirement to give information or document for investigation
   151.    Failure to give information or document for investigation
   152.    Criminal history report for investigation

           Division 4 - Terminating agency agreements

   153.    Grounds for directing termination
   154.    Show cause notice
   155.    Representations about show cause notice
   156.    Ending show cause process without further action
   157.    Censuring agent
   158.    Direction to rectify
   159.    Direction to terminate agreement
   160.    Termination of agreement on direction
   161.    (Repealed)
   162.    Suspending agent’s operations

   PART 9 - FINANCIAL

           Division 1 - Commissions and dividends

   163.    Commission
   164.    Dividends

           Division 2 - Fees

   165.    (Repealed)
   166.    (Repealed)
   167.    (Repealed)
   168.    Liability to wagering authority fee
   168A.   Wagering authority administration fee
   169.    (Repealed)
   170.    Penalty for late payment
   171.    Recovery of amounts
   172.    Revenue offence

   PART 10 - COMPLIANCE REQUIREMENTS

           Division 1 - Control systems

   173.    Authorised wagering to be conducted under control system
   174.    Content of control system
   175.    Chief executive may give direction about content of control system
   176.    (Repealed)
   177.    (Repealed)

           Division 2 - Wagering records

   178.    Notices about keeping wagering records
   179.    Wagering records to be kept at certain place
   180.    Wagering records to be kept for required period

           Division 3 - Financial accounts, statements and reports

   181.    Keeping of accounts
   182.    Preparation of financial statements and accounts
   183.    Submission of reports

           Division 4 - Financial institution accounts

   184.    Keeping of accounts
   185.    Use of accounts

           Division 5 - Audit

   186.    Exempt authority operators
   187.    Audit of operations
   188.    Completion of audit
   189.    Further information following audit

   PART 11 - CONDUCT OF APPROVED WAGERING

           Division 1 - Agreements

   190.    Meaning of ancillary wagering agreement
   191.    Meaning of related agreement
   192.    Entering into ancillary wagering agreements
   193.    Approval for ancillary wagering agreement
   194.    Review of related agreements
   195.    Show cause notice for related agreement
   196.    Representations about show cause notice
   197.    Direction to terminate related agreement

           Division 2 - Operations of authority operators and wagering agents

              Subdivision 1 - Rules

   198.     Making rules
   199.    Application of rules
   200.    Rules to be made available
   201.    General responsibilities of authority operators
   202.    Responsibility of licence operator for acts of agents
   203.    Responsibility of wagering agent for agent’s acts

              Subdivision 2 - Other matters

   204.    Meaning of totalisator supply agreement
   205.    Places of operation
   206.    Acceptance of wagers
   207.    Use of regulated wagering equipment
   208.    Approval of regulated wagering equipment
   208A.   Approved evaluators
   209.    Extending credit
   210.    Advertising wagering
   211.    Directions about advertising
   212.    Inquiries about complaints
   213.    Claims for payment of winning bets
   214.    Claims for payment
   215.    (Repealed)
   216.    Reporting improper behaviour

           Division 3 - Excluding persons from approved places of operation or taking part in approved wagering

              Subdivision 1AA - Preliminary

   216AA.  Definition for div 3

              Subdivision 1 - Provisions about self-exclusion

   216A.   Self-exclusion notice
   216B.   Self-exclusion order
   216C.   Revoking self-exclusion order

              Subdivision 2 - Exclusion instigated by general operator

   216D.   Exclusion direction
   216E.   Duration of exclusion direction
   216F.   Application to revoke exclusion direction
   216G.   Deciding application to revoke exclusion direction

              Subdivision 3 - Other provisions

   216H.   Particular persons not to take part in approved wagering etc.
   216I.   Counselling
   216J.   Obligation to prevent persons from taking part in approved wagering etc.
   216K.   Register
   216L.   Report about prohibition under order or direction
   216M.   Distributing promotional or advertising material about approved place of operation

           Division 4 - Wagering offences

   217.    Cheating
   218.    Forgery and deception
   219.    Impersonating certain persons
   220.    Bribery
   221.    Restricted officials and licensees
   222.    Directions to restricted officials and licensees
   223.    Requirement to comply with direction about wagering
   224.    Relationship of restricted officials with general operators
   225.    Relationship of restricted officials with prospective authority operators
   226.    Relationship of general operators with restricted officials
   227.    Participation by minors prohibited
   228.    Employment of minors prohibited

           Division 5 - Wagering inducements and direct marketing

   228A.   Definitions for division
   228B.   Prohibited inducements
   228C.   Wagering using free bets
   228D.   Restrictions on direct marketing
   228E.   Obligation of licence operator to identify person’s location

           Division 6 - Harm minimisation measures

   228F.   Harm minimisation measures

   PART 12 - INVESTIGATION AND ENFORCEMENT

           Division 1 - Inspectors

              Subdivision 1 - Appointment of inspectors

   229.    Appointment and qualifications

              Subdivision 2 - Other matters about inspectors

   230.    Conditions and limit on powers
   231.    Issue of identity card
   232.    Production or display of identity card
   233.    When inspector ceases to hold office
   234.    Resignation
   235.    Return of identity card

              Subdivision 3 - Audit program and report about criminal history

   236.    Audit program
   237.    Report about criminal history

           Division 2 - Powers of inspectors

              Subdivision 1 - Power to enter places

   238.    Entry without consent or warrant
   239.    Entry with consent or warrant

              Subdivision 2 - Consents and warrants for entry

   240.    Consent to entry
   241.    Evidence of consent
   242.    Application for warrant
   243.    Issue of warrant
   244.    Special warrants
   245.    Evidence about special warrants

              Subdivision 3 - General powers

   246.    General powers after entering places
   247.    Failure to help inspector
   248.    Failure to give information

              Subdivision 4 - Power to seize evidence

   249.    Seizing evidence at place that may be entered without consent or warrant
   250.    Seizing evidence at place that may only be entered with consent or warrant
   251.    Securing things after seizure
   252.    Tampering with things subject to seizure
   253.    Powers to support seizure
   254.    Receipts to be given on seizure
   255.    Forfeiture
   256.    Return of things that have been seized
   257.    Access to things that have been seized

              Subdivision 5 - Power to give directions to stop using things

   258.    Direction to stop using thing
   259.    Requirements about stop directions
   260.    Failure to comply with stop direction

              Subdivision 6 - Power to obtain information

   261.    Power to require name and address
   262.    Failure to give name or address
   263.    Power to require production of documents
   264.    Failure to produce document
   265.    Failure to certify copy of document
   266.    Power to require attendance of persons
   267.    Failure to comply with requirement about attendance
   268.    Power to require financial records
   269.    Effect of compliance with financial records requirement
   270.    Failure to comply with financial records requirement

           Division 3 - Powers of Minister

   271.    Direction about management practice

           Division 4 - General enforcement matters

   272.    Forfeiture on conviction
   273.    Dealing with forfeited things
   274.    Notice of damage
   275.    Compensation
   276.    Protecting officials from liability

           Division 5 - General enforcement offences

   277.    False or misleading statements
   278.    False, misleading or incomplete documents
   279.    Obstructing inspectors

   PART 13 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   280.    Application of division
   281.    Appointments and authority
   282.    Signatures
   283.    Evidentiary aids

           Division 2 - Proceedings

   284.    Indictable and summary offences
   285.    Proceedings for indictable offences
   286.    Limitation on who may summarily hear indictable offence proceedings
   287.    Limitation on time for starting summary proceedings
   288.    Responsibility for acts or omissions of representatives
   289.    Executive officer may be taken to have committed offence against s 172
   290.    Attempts to commit offences

   PART 14 - REVIEWS BY QCAT OR MINISTER

           Division 1 - Applications for review of decisions by tribunal

   291.    When authority operators may apply for review
   292.    When licence operators may apply for review
   293.    When applicants for key person licences may apply for review
   294.    When key person licensees may apply for review
   295.    When wagering agents may apply for review
   296.    When owner of things seized may apply for review
   297.    When other persons may apply for review
   298.    Tribunal to decide review on evidence before the chief executive
   299.    Tribunal may give leave for review to be decided on new evidence in particular circumstances
   300.    Appeals from tribunal only to Court of Appeal on a question of law
   301.    (Repealed)
   302.    (Repealed)
   302A.   (Repealed)
   302B.   (Repealed)
   302C.   (Repealed)
   302D.   (Repealed)
   302E.   (Repealed)
   302F.   (Repealed)

           Division 2 - Reviews by Minister

   303.    Refusal of licence operator to enter into agency agreement
   304.    Termination of agency agreement
   305.    Issues about staying operations of decisions
   306.    Procedures for reviews
   307.    Delegation for div 2

   PART 15 - MISCELLANEOUS

   308.    Confidentiality of information
   308A.   Commissioner of police service to notify changes in criminal history
   309.    Delegations
   310.    Commercial arrangements for conducting sports wagering
   310A.   Chief executive may make guidelines
   311.    Approval of forms
   312.    Regulation-making power

   PART 17 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provisions for Act No. 15 of 1998

   318.    Application of div 1
   319.    Definitions for div 1
   320.    Control system for initial operator
   321.    Regulated wagering equipment
   322.    Key employees of initial operator
   323.    Amounts payable before commencement day for investments
   324.    Amounts payable on or after commencement day for investments
   325.    Agency agreements
   326.    Wagering agents
   327.    Permit holders
   328.    Control system for permit holders
   329.    Continued operation of former rules and certain former regulations

           Division 2 - Transitional provisions for Gambling Legislation Amendment Act 2004

   330.    Definitions for div 2
   331.    (Repealed)
   332.    Direction to rectify under pre-amended Act
   333.    (Repealed)
   334.    Continuation of obligation under pre-amended Act, s 215
   335.    Transitional provision for race wagering licence

           Division 3 - Transitional provisions for Gambling Legislation Amendment Act 2005

   336.    Definitions for div 3
   337.    Inspectors
   338.    Audit program for inspectors

           Division 4 - (Repealed)

           Division 5 - Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

   340.    Continuation of offence under s 173

           Division 6 - Transitional provision for Appropriation Act (No. 2) 2014

   340A.   Application of particular provisions

           Division 7 - Transitional provisions for Betting Tax Act 2018

   340B.   Definition for division
   340C.   Continued application of Act
   340D.   Proceedings for particular offences
   340E.   Application of s 289 in relation to offences against particular provisions

           Division 8 - Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021

   340F.   Interactive wagering accounts established before commencement

   PART 18 - VALIDATING PROVISION FOR LIQUOR (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2013

   341.    Validation of extension of sports wagering licence
           SCHEDULE 1
           SCHEDULE 2