Queensland Numbered Acts

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GAMBLING LEGISLATION AMENDMENT ACT 2004 No. 21 - SECT 96

96 Replacement of pt 8, div 1 (Inspectors)

Part 8, division 1--

omit, insert--

'(1) The chief executive may appoint a person as an inspector.

'(2) However, a person may be appointed as an inspector only if--

(a) the person is--
(i) a public service officer or employee; or
(ii) a member of a class of persons prescribed under a regulation; and
(b) the chief executive is satisfied the person--
(i) has the necessary expertise or experience to be an inspector; or
(ii) has satisfactorily finished training approved by the chief executive; and
(c) the chief executive is satisfied the person is a suitable person to be an inspector, having regard to--
(i) the person's character; and
(ii) the person's current financial position and financial background.

'A person who is an inspector under a gaming Act is an inspector for this Act.

'(1) An inspector holds office on any conditions stated in--

(a) for an appointed inspector--the inspector's instrument of appointment; or
(b) a signed notice given to the inspector; or
(c) a regulation.

'(2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector's powers under this Act.

'(3) In this section--

"signed notice" means a notice signed by the chief executive.

'(1) The chief executive must issue an identity card to each appointed inspector.

'(2) The identity card must--

(a) contain a recent photo of the inspector; and
(b) contain a copy of the inspector's signature; and
(c) identify the person as an inspector under this Act; and
(d) state an expiry date for the card.

'(3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

'(1) If a person is an inspector for this Act because the person is an inspector under a gaming Act, the inspector's identity card is the identity card given to the person as an inspector under the gaming Act.

'(2) The identity card must identify the person as an inspector for this Act.

'(1) In exercising a power under this Act in relation to a person, an inspector must--

(a) produce the inspector's identity card for the person's inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to the person when exercising the power.

'(2) However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person's inspection at the first reasonable opportunity.

'(3) For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 158(a) or (d).

'(1) An inspector ceases to hold office if any of the following happens--

(a) for an appointed inspector--
(i) the term of office stated in a condition of office ends; or
(ii) under another condition of office, the inspector ceases to hold office; or
(iii) the inspector's resignation under section 157C takes effect;
(b) for an inspector mentioned in section 154--the inspector is no longer an inspector under at least 1 gaming Act.

'(2) Subsection (1) does not limit the ways an inspector may cease to hold office.

'(3) In this section--

"condition of office" means a condition on which the inspector holds office.

'An appointed inspector may resign by signed notice given to the chief executive.

'A person who ceases to be an appointed inspector must return the person's identity card to the chief executive within 21 days after ceasing to be an inspector unless the person has a reasonable excuse.

Maximum penalty--40 penalty units.

'(1) The Minister may approve an audit program for investigating appointed inspectors.

'(2) The chief executive may investigate an appointed inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to--

(a) the inspector's character; and
(b) the inspector's current financial position and financial background.

'(3) However, the chief executive may investigate an appointed inspector under subsection (2) only once every 2 years.

'(4) The chief executive must ensure the investigation is conducted under the approved audit program.

'(5) In this section--

"approved audit program" means an audit program approved by the Minister under subsection (1).

'(1) To help decide whether a person is a suitable person to be an appointed inspector or continue as an appointed inspector, the chief executive may ask the commissioner of the police service for a written report about the person's criminal history.

'(2) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.

'(3) The duty imposed on the commissioner of the police service applies only to information in the commissioner's possession or to which the commissioner has access.'.



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