1Citation
These Regulations may be cited as the Gaming Control (Internet
Gaming) Regulations 1998.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Gaming Control (Internet
Gaming) Regulations 1998.
In these Regulations, unless the contrary intention appears:
approved computer system means a computer system, approved under regulation 4, for internet gaming and includes a computer system changed in accordance with an approval under regulation 4 or a direction of the Director under regulation 11.
approved control system means a control system approved under regulation 10.
computer system means a combination of computer hardware and computer software used or intended to be used by an internet gaming licensee for the conduct of, or ancillary to the conduct of, internet games.
control system has the meaning it has in regulation 6.
financial institution means:
an ADI;
a friendly society; or
an entity prescribed under regulation 3.
full internet gaming key employee licence means an internet gaming key employee licence that is not a provisional internet gaming key employee licence.
gaming record, in relation to an internet gaming licensee, means a record kept in any form or medium, electronic or otherwise, about the operations conducted by the licensee under his or her licence.
internet game means a game conducted by means of the internet but does not include a game conducted by means of the internet in accordance with the Act by an approved association.
internet gaming key employee licence means:
a provisional internet gaming key employee licence; or
a full internet gaming key employee licence.
internet gaming key licensee means a person to whom an internet gaming key employee licence is granted.
internet gaming licence means a licence granted under Division 5 of Part 4 of the Act.
internet gaming licensee means a person to whom an internet gaming licence has been granted or assigned.
key duties has the meaning it has under regulation 12.
player means a natural person who participates in an internet game.
player's account has the meaning it has in regulation 50.
provisional internet gaming key employee licence means an internet gaming key employee licence that is granted for a period, specified on the licence, of not more than 12 months.
registered player, in relation to an internet gaming licensee, means a person registered with the licensee as a player under regulation 47(1).
The Director may, by notice in the Gazette, prescribe an entity to be a financial institution for the purposes of these
Regulations.
An internet gaming licensee may apply to the Director:
(a) for approval of the computer system the licensee proposes to use to conduct internet games; or
for approval to change the licensee's approved computer system.
The Director must:
consider the application;
(b) evaluate the system or proposed change as soon as practicable if the Director believes it is necessary to do so to decide the application; and
(c) after considering the application and, if necessary, the evaluation of the system or proposed change – approve or refuse to approve the computer system or change.
(3) Before evaluating the computer system or proposed change, the Director may require the internet gaming licensee to pay to the Director the reasonable costs of the Director of evaluating the computer system or proposed change.
(4) The Director must promptly give the internet gaming licensee written notice of the Director's decision.
(5) If the Director decides to refuse to give an approval, the notice under subregulation (4) must state the reasons for the decision.
An internet gaming licensee must not conduct an internet game except under the licensee's approved computer system.
Maximum penalty: 15 penalty units.
An internet gaming licensee must not change, or authorise a change to, the licensee's approved computer system unless the change is approved by the Director in writing under regulation 10 or 11.
Maximum penalty: 15 penalty units.
(1) A control system is a system of controls containing all the rules, terms and conditions and other matters displayed to a player and all internal controls, whether computerised or otherwise, for the proper conduct of internet games.
Without limiting subregulation (1), a control system includes:
(a) the accounting systems, financial procedures and chart of accounts, the administrative systems and procedures, the computer software and hardware and the standard forms and terms used to conduct internet games;
(b) the procedures including, if appropriate, formulas for or with respect to the hold percentages and their calculation and verification to be followed in conducting internet games;
(c) the procedures and standards for maintaining the integrity of all data and equipment used in conducting internet games;
(d) the procedures for recording and paying prizes won in internet games and maintaining and using players' accounts including the procedures for paying in and out of any account, foreign currency dealings and the recording of all transactions relating to gaming operations;
the structure of the organisation to which it relates including:
(i) the management structure and description of positions within the management structure and the responsibilities and functions of those positions;
(ii) the employee structure and description of positions within the employee structure and the responsibilities and functions of those positions;
(iii) the chain of authority that shows the diversity of responsibility among employees engaged in all operations of the internet gaming business including primary and secondary supervisory positions; and
(iv) if the organisation uses an agent – the terms and conditions of the agency agreement including to whom the agent is to report or to whom the agent is accountable within the organisation; and
(f) all measures for securing all data and equipment and the premises where they are to be located or stored (as applicable).
An internet gaming licensee must not conduct an internet game except under the internet gaming licensee's approved control system.
Maximum penalty: 15 penalty units.
An internet gaming licensee may make a submission to the
Director for approval of the internet gaming licensee's proposed control system.
A submission under subregulation (1) must describe and explain the internet gaming licensee's proposed control system.
(1) An internet gaming licensee may change his or her approved control system only:
with the approval of the Director under regulation 10; or
(b) in accordance with a direction of the Director under regulation 11.
(2) An internet gaming licensee may make a submission to the Director for approval to change the internet gaming licensee's approved control system in the way specified in the submission.
The Director must consider a submission received under regulation 8 or 9 and approve or refuse to approve the internet gaming licensee's proposed control system or the proposed change to the licensee's approved control system.
In considering the submission, the Director may, by written notice to the internet gaming licensee, require him or her:
to give the Director further information about the submission that is necessary and reasonable to help the Director make a decision about the submission; or
to allow the Director to submit to tests the proposed control system or the approved control system as proposed to be changed.
In considering whether to give an approval, the Director must have regard to:
whether the submission satisfies the requirements under this Part for the submission; and
whether the internet gaming licensee's proposed control system, or approved control system as proposed to be changed, is capable of providing satisfactory and effective control over the conduct of internet games.
The Director may refuse to give an approval if the internet gaming licensee fails to comply with a requirement under this regulation.
The Director must promptly give the internet gaming licensee written notice of the Director's decision to give an approval or to refuse to give an approval.
If the Director decides to refuse to give an approval, the notice is to state the reasons for the decision.
If the Director believes a submission can easily be rectified to enable the Director to approve the internet gaming licensee's proposed control system or the proposed change to the licensee's approved control system, a notice under subregulation (6) is to also:
explain how the submission may be changed so as to enable the
Director to give an approval; and
invite the internet gaming licensee to resubmit the submission after making the appropriate changes.
The Director may, by written notice to an internet gaming licensee, direct the licensee to change the licensee's approved control system within the time, and in the way, specified in the notice.
If the internet gaming licensee's does not comply with the direction, the approval of the internet gaming licensee control system under regulation 10 is cancelled.
For the purposes of these Regulations, a person performs key duties in relation to an internet gaming licence if he or she:
occupies or acts in a key position, or carries out key functions, in relation to operations carried out under an internet gaming licence or the business of the internet gaming licensee;
is in a position to control or exercise significant influence over the operations conducted under an internet gaming licence;
occupies or acts in a position designated in the internet gaming licensee's approved control system as a key position; or
occupies a position, or carries out a function, that is designated as a key position or a key function by the Director by notice in writing to the licensee under subregulation (2).
The Director may, by notice to an internet gaming licensee, designate a position, or a function, related to the conduct of an internet gaming business to be a key position or a key function.
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