Interactive Gambling (Player Protection) Act 1998

This Act may be cited as the Interactive Gambling (Player Protection) Act 1998.

This Act commences on a day to be fixed by proclamation.

The overarching object of this Act is to ensure that, on balance, the State and the community as a whole benefit from interactive gambling.

The balance is achieved by allowing interactive gambling subject to a system of regulation and control designed to protect players and the community through—

ensuring the integrity and fairness of games; and

ensuring the probity of those involved in the conduct of interactive gambling; and

minimising the potential for harm from interactive gambling.

Within the overarching object, the following objects are included—

to establish and maintain an appropriate system of regulation and control for interactive gambling;

to provide protection for players of interactive games;

to provide a basis for implementing an interjurisdictional regulatory scheme for—

the reciprocal recognition between participating jurisdictions of licences, authorisations and other administrative acts; and

the regulation and control of interactive gambling in the participating jurisdictions on a cooperative basis; and

the sharing of tax derived from interactive gambling on an equitable basis.

A game includes a scheme or arrangement.

A player is a person who participates in an interactive game.

An interactive game is a game in which—

a prize consisting of money or something else of value is offered or can be won under the rules of the game; and

a player—

enters the game or takes any step in the game by means of a telecommunication device; and

gives, or undertakes to give, a monetary payment or other valuable consideration to enter, in the course of, or for, the game; and

the winner of a prize is decided—

wholly or partly by chance; or

by a competition or other activity in which the outcome is wholly or partly dependent on the player’s skill.

However, the following are not interactive games—

wagering conducted under the Racing Integrity Act 2016 if—

a person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and

either—

when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under the Racing Act 2002; or

the racing bookmaker is carrying on the bookmaking under an offcourse approval under the Racing Integrity Act 2016;

wagering conducted under a wagering licence under the Wagering Act 1998;

a game under the Charitable and Non-Profit Gaming Act 1999, unless the game is declared by a regulation made under subsection (3) to be an interactive game despite this exclusion;

a lottery, other than the lottery known as ‘instant scratch-its’ or another instant lottery, conducted under a lottery operator’s licence under the Lotteries Act 1997;

a game authorised under a gaming Act in which the players may participate by means of telecommunication devices but only from designated commercial sites connected to a telecommunication network.

A game that would, but for the exclusion in subsection (2)(c), be an interactive game is taken to be an interactive game despite the exclusion if—

having regard to the nature, value, or frequency of prizes offered in the game and other matters the Minister considers relevant, the Minister considers the game should be brought within the ambit of this Act; and

a regulation is made, on the Minister’s recommendation, declaring the game to be an interactive game despite the exclusion.

The dictionary in schedule 3 defines particular words used in this Act.

This Act applies both within and outside Queensland.

This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

This Act contemplates a cooperative scheme between Queensland and other jurisdictions for the regulation and control of interactive gambling.

However, this Act is not dependent on participation by any other jurisdiction in the regulatory scheme.

The regulation and control of interactive gambling is to be achieved through a statutory scheme consisting of this Act and the corresponding laws of participating jurisdictions for the licensing and control of persons who conduct, or exercise an important role in the conduct of, interactive games.

If the Minister is satisfied the law of another jurisdiction is compatible with this Act, the Governor in Council may, on the Minister’s recommendation, declare—

the other jurisdiction is to be regarded under this Act as a participating jurisdiction; and

the relevant law of the other jurisdiction (including the law as amended or substituted from time to time) is to be regarded as a corresponding law.

However, a declaration is not to be made under this section unless the Minister has entered into an agreement (an intergovernmental agreement) with the prospective participating regulator that makes, in the Minister’s opinion, adequate provision for the following matters—

the taxation of authorised games on a uniform or consistent basis;

collaboration between gaming officials and officers of the other jurisdiction engaged in the administration of the relevant law of the other jurisdiction;

mutual recognition of licences and administrative acts between jurisdictions;

sharing of tax revenue derived from interactive gambling on an equitable basis.

If the Minister considers the law of a participating jurisdiction is no longer compatible with this Act, or the intergovernmental agreement with the participating jurisdiction is not operating satisfactorily, the Governor in Council may, on the Minister’s recommendation, declare—

the other jurisdiction is, as from a specified date, no longer to be regarded as a participating jurisdiction; and

the relevant law of the other jurisdiction is, as from a specified date, no longer to be regarded as a corresponding law.

A declaration under this section is to be made by regulation.

A licensed provider means a person who is licensed under this Act to conduct interactive games.

An external provider is a person who is licensed under the corresponding law of a participating jurisdiction to conduct interactive games.

An authorised provider is a person who is licensed under this Act, or under the corresponding law of a participating jurisdiction, to conduct interactive games.

An authorised game is an interactive game that—

a licensed provider is authorised to conduct under this division; or

an external provider is authorised to conduct under the corresponding law of the participating jurisdiction in which the provider is licensed.

However, a game that an external provider is authorised to conduct under a corresponding law (an externally authorised game) is not to be regarded as an authorised game if the external provider is prohibited from conducting the game in Queensland by order under subsection (3).

If the Minister believes the conduct of an externally authorised game in Queensland is contrary to the public interest, the Minister may, by written notice given to the external provider authorised under the corresponding law to conduct the game, prohibit conduct of the game in Queensland.

The Minister may only impose a prohibition under subsection (3) after giving the external provider and the relevant participating regulator written notice of the proposed prohibition and the reasons for it and allowing each of them a reasonable opportunity to make representations.

If the Minister imposes a prohibition under subsection (3) the Minister must promptly give the relevant participating regulator a copy of the notice imposing the prohibition.