CHARITABLE AND NON-PROFIT GAMING ACT 1999

Queensland Consolidated Acts

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- As at 21 October 2022
- Act 26 of 1999

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Object
4. Application of Act

PART 2 - INTERPRETATION

Division 1 - Standard definitions

5. Definitions

Division 2 - Key definitions

6. Meaning of art union
7. Meaning of association
8. Meaning of bingo
9. Meaning of calcutta sweep
10. Meaning of eligible association
11. Meaning of game
12. Meaning of lucky envelopes
13. Meaning of promotional game

Division 3 - Categories of games

14. Meaning of category 1 game
15. Meaning of category 2 game
16. Meaning of category 3 game
17. Meaning of category 4 game

PART 3 - GENERAL GAMING

Division 1 - Who may conduct general gaming

18. Category 1 games
19. Category 2 games
20. Category 3 games
21. Category 4 games
22. Restriction on persons conducting category 2 or 3 games

Division 1A - Third party operator agreements

22A. Agreement to help in relation to an art union
22B. Notice to chief executive of intention to enter third party operator agreement
22C. Notice to chief executive of intention to amend third party operator agreement
22D. Copy of third party operator agreement to chief executive
22E. Notice to chief executive of cancellation of third party operator agreement

Division 2 - Other provisions about general gaming

Subdivision 1 - Bingo

23. Restrictions on conducting bingo

Subdivision 2 - Lucky envelopes

24. Restriction on conducting lucky envelopes
25. Approving, installing and operating lucky envelope vending machines
26. Printing lucky envelopes
27. Safe custody of lucky envelopes
28. Selling lucky envelopes

Subdivision 3 - Approval for events for calcutta sweeps

29. Application for approval of events
30. Decision on application
31. Conditions of approval
32. Notice of decision
33. Period of approval
34. Withdrawal of approval

Subdivision 4 - Application of net proceeds of games

35. Application of net proceeds of games

PART 4 - LICENCES

Division 1 - Types and form

36. Types of general licences
37. Form, content and term of general licences

Division 2 - Issue and renewal

38. Who may apply for a bingo centre licence
39. Who may apply for category 3 gaming licence
40. Who may apply for a lucky envelope printer licence
41. Who may apply for a special category 3 gaming licence
42. Special category 3 gaming licence not renewable
43. Application for issue or renewal of a general licence
44. Consideration of application
45. Conditions for granting application
46. Suitability of applicant to hold general licence
47. Suitability of business and executive associates of applicant
48. Investigations of suitability of applicant
49. Criminal history reports for investigations
50. Inspection before issue or renewal of general licence
51. Other matters chief executive may have regard to in deciding applications for bingo centre licences
52. Other matters to be considered by chief executive in deciding applications for category 3 gaming licences
53. Other matters to be considered by chief executive in deciding applications for lucky envelope printer licences
54. Decision on application

Division 3 - Conditions

55. Conditions imposed on issue or renewal of general licence
56. Changing conditions of general licence
56A. Recording change of conditions
57. Non-compliance with general licence conditions

Division 4 - Suspension and cancellation

58. Grounds for suspension or cancellation of general licence
59. Show cause notice
60. Copy of show cause notice to be given to interested persons
61. Consideration of representations
62. Immediate suspension
63. Censuring general licensee
64. Direction to rectify
65. Other action by chief executive
66. Terms of appointment and role of administrator
67. Cancellation or reduction of period of suspension

Division 5 - Investigations of licensees and associates

68. Audit program
69. Investigations
70. Requirement to give information or material for investigation
71. Reports about person’s criminal history

PART 5 - COMPLIANCE REQUIREMENTS

Division 1 - Rules

72. General gaming rules
73. Compliance with rules

Division 2 - General gaming records

74. Keeping general gaming records—category 2 or 3 games
75. Keeping general gaming records—bingo centre licensees
76. Keeping general gaming records—lucky envelope printers
77. Period for which general gaming records to be kept

Division 3 - Financial accounts and records

78. Keeping accounting records
79. Preparing financial statements and accounts

Division 4 - Financial institution accounts

80. Keeping accounts

Division 5 - Reports and returns

81. Submitting reports for category 3 games
82. Submitting returns for category 3 games
83. Submitting returns for other games
84. (Repealed)
84A. False or misleading returns

Division 6 - Audit

85. Definition for div 6
86. Audit for category 1 or 4 gaming operations
87. Audit for category 2 or 3 gaming operations
88. Audit—bingo centre licensees
89. Audit—lucky envelope printers
90. Finishing audit
91. Giving audit report to chief executive
92. Chief executive’s power to ask auditor for copy of audit report
93. Further information following audit
94. Exemption from audit requirement

Division 7 - Prizes

95. Dealing with prizes
96. Claims for prizes

Division 8 - Tickets

97. Tickets

Division 9 - Approval of regulated general gaming equipment

98. Application for approval of regulated general gaming equipment
99. Evaluating equipment
100. Deciding application
100AA. Changes to conditions of approval of regulated general gaming equipment
100A. Approved evaluators
100B. Offences about using or modifying regulated general gaming equipment

Division 10 - Advertising

101. Advertising
102. Directions about advertising

Division 10A - Harm minimisation measures

102A. Harm minimisation measures

Division 11 - Complaints

103. Inquiries about complaints
104. Reporting improper behaviour

Division 12 - General gaming offences

105. Bribery
106. Cheating
107. Extending credit
108. Forgery and uttering
109. Impersonating representatives of persons
110. Participation by minors

PART 6 - INVESTIGATION AND ENFORCEMENT

Division 1 - Inspectors

Subdivision 1 - Appointment of inspectors

111. Appointment and qualifications

Subdivision 2 - Other matters about inspectors

112. Conditions and limit on powers
113. Issue of identity card
114. Production or display of identity card
115. When inspector ceases to hold office
116. Resignation
117. Return of identity card

Subdivision 3 - Audit program and report about criminal history

118. Audit program
118A. Report about criminal history

Division 2 - Powers of inspectors

Subdivision 1 - Power to enter places

119. Entry to places

Subdivision 2 - Procedure for entry

120. Entry with consent
121. Application for warrant
122. Issue of warrant
123. Special warrants
124. Warrants—procedure before entry

Subdivision 3 - General powers

125. General powers after entering places
126. Failure to help inspector
127. Failure to give information

Subdivision 4 - Power to seize evidence

128. Seizing evidence at general gaming places
129. Seizing evidence at places other than general gaming places
130. Securing seized things
131. Tampering with seized things
132. Powers to support seizure
133. Receipt for seized things
134. Forfeiture of seized things
135. Return of seized things
136. Access to seized things

Subdivision 5 - Power to give directions to stop using things

137. Direction to stop using thing
138. Requirements about stop directions
139. Failure to comply with stop direction

Subdivision 6 - Power to obtain information

140. Power to require name and address
141. Failure to give name or address
142. Power to require production of documents
143. Failure to produce document
144. Failure to certify copy of document
145. Power to require attendance of persons
146. Failure to comply with requirement about attendance
147. Power to require financial records
148. Effect of compliance with s 147
149. Failure to comply with s 147

Division 3 - Other enforcement matters

150. Direction about management practices
151. Direction about conduct of general gaming
152. Forfeiture on conviction
153. Forfeiture on payment of infringement notice penalty
154. Dealing with forfeited things
155. Notice of damage
156. Compensation
157. Protecting officials from liability

Division 4 - General enforcement offences

158. False or misleading statements
159. False or misleading documents
160. Obstructing inspectors

PART 7 - LEGAL PROCEEDINGS

Division 1 - Evidence

161. Application of division
162. Appointments and authority
163. Signatures
164. Evidentiary aids

Division 2 - Proceedings

165. Indictable and summary offences
166. Proceedings for indictable offences
167. Limitation on who may summarily hear indictable offence proceedings
168. Limitation on time for starting summary proceedings
169. Responsibility for acts or omissions of representatives
170. Executive officer may be taken to have committed offence against s 20
171. Treatment of unincorporated associations
172. Attempts to commit offences
173. Additional powers of court

PART 8 - REVIEW OF DECISIONS BY TRIBUNAL

174. Who may apply for review
175. Tribunal to decide review on evidence before the chief executive
176. Tribunal may give leave for review to be decided on new evidence in particular circumstances
177. Appeals from tribunal only to Court of Appeal on a question of law

PART 8A - TWO-UP ON DESIGNATED DAY

178. Meaning of two-up
179. Lawful two-up
180. Two-up not category 1, 2, 3 or 4 game
180A. (Repealed)
181. Interaction with Casino Acts

PART 9 - MISCELLANEOUS

182. Recovery of amounts
183. Confidentiality of information
183A. Prohibition on control of application for category 3 gaming licence
183B. Prohibition on control of category 3 gaming operations
184. Delegations
184A. Chief executive may issue guidelines
185. Approval of forms
186. Regulation-making power

PART 10 - TRANSITIONAL PROVISIONS AND REPEAL

Division 1 - Transitional provisions and repeal provision for Act No. 26 of 1999

Subdivision 1 - Preliminary

187. Definition for div 1

Subdivision 2 - Transitional provisions

188. References to repealed Act
189. Continuation of conduct of art unions
190. Existing approvals for lucky envelope vending machines
191. Existing licences and permits
192. Existing orders etc.
193. Inspectors

Subdivision 3 - Repeal

194. (Repealed)
195. Repeal

Division 2 - Transitional provisions for Gambling Legislation Amendment Act 2005

196. Definitions for div 2
197. Inspectors
198. Audit program for inspectors

Division 3 - Transitional provisions for Gambling Legislation Amendment Act 2008

199. Third party operator agreements—pt 3, div 1A
SCHEDULE 2

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