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Wagering Act 1998 – 28 May 2014

Wagering Regulation 1999 – 1 July 2015

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An application to the government for a race wagering licence (defined in section 6  of the Act) may only be made by a corporation. For suitability requirements, refer to section 13 of the Act. If a licence is granted, it is not transferable. Wagering tax and wagering authority fees are payable each month to the government for the licence. Note: For the purposes of this Act, ‘wagering’ is defined to include betting conducted by means of a totalisator or betting conducted on a fixed odds basis.

  • Sections 3, 4, 6, 8, 13, 14, 15, 16, 19, 21, 22, 26, 27, 28, 29, 33, 56, 57, 58, 59, 60, 95, 97, 102, 132, 140, 141, 163, 164, 165, 166, 167, 168, 168A, 173, 174, 179, 180, 181, 184, 185, 187, 190, 192, 193, 205, 207, 208, 209, Schedule 2; Regulations 4, 5, 5A, 6, 7, 8, 10A, 11, 15D, 15F, 15G, 15H, 15J, 15Q, 15R, 15X, 16, 16A, Schedule 2

An application to the government for a sports wagering licence (defined  in section 7 of the Act) may only be made by a corporation. For suitability requirements, refer to section 13 of the Act. If a licence is granted, it is not transferable. Wagering tax and wagering authority fees are payable each month to the government for the licence.

  • Sections 3, 4, 7, 13, 14, 15, 17, 19, 21, 22, 26, 27, 28, 29, 33, 95, 97, 102, 132, 140, 141, 163, 164, 165, 166, 167, 168, 168A, 173, 174, 179, 180, 181, 184, 185, 187, 190, 192, 193, 205, 207, 208, 209, Schedule 2; Regulations 4, 5, 5A, 6, 7, 8, 10A, 11, 15D, 15F, 15G, 15H, 15J, 15Q, 15R, 15X, 16, 16A, Schedule 2

An application to the government for an oncourse wagering permit (defined in section 5 of the Act) may only be made by a licensed club. For suitability requirements, refer to section 13 of the Act. The government may grant an application for an oncourse wagering permit only if satisfied the applicant has negotiated in good faith with the licence operator for entering into an agency agreement with the operator and despite the negotiations, the applicant has not been able to enter into an agency agreement on reasonable terms with the licence operator relating to race meetings for which the permit is sought; or the licence operator has refused or failed to enter into an agency agreement with the licensed club. An oncourse wagering permit may be issued for a stated term (not longer than 5 years) or for a stated race meeting or race meetings. If the permit is granted, it is not transferable. Wagering tax and wagering authority fees are payable each month to the government for the permit. For the definitions of ‘licensed club’, ‘licence operator’ and ‘race meeting’, refer to the Schedule 2 dictionary.

  • Sections 3, 5, 9, 13, 14, 15, 18, 19, 21, 23, 26, 27, 28, 30, 33, 95, 97, 102, 132, 163, 164, 165, 166, 167, 168, 168A, 173, 174, 179, 180, 181, 184, 185, 187, 190, 192, 193, 205, 207, 208, 209, 303, Schedule 2; Regulations 5, 5A, 6, 7, 8, 10A, 11, 15D, 16, 16A, Schedule 2

A person must generally not act as agent of another person for betting on a totalisator.

  • Sections 8, 11A

A wagering licensee may appoint a person to manage some or all the operations relating to authorised wagering conducted under the wagering licence. It is relevant to note that a wagering licensee may only make such an appointment: with the approval of the government; and if the person is a corporation. For the definition of ‘authorised wagering’, refer to the Schedule 2 dictionary.

  • Sections 3, 62, 63, 64, 65, 66, 68, 71, 72, 74, 81, Schedule 2

The government may make rules binding on an authority operator and a person betting or intending to bet with an authority operator for authorised wagering conducted under the wagering authority. For the definition of ‘authority operator’, refer to the Schedule 2 dictionary.

  • Sections 3, 198, 199, 201, 202, Schedule 2

A licence operator, in carrying on the operator’s operations, may accept wagers by phone or another form of communication.

  • Section 206

A person who advertises approved wagering must take reasonable steps to ensure the advertisement: is not indecent or offensive; is based on fact; and is not false, deceptive or misleading in a material particular.

  • Section 210

A person may make a complaint to the government about the conduct of approved wagering.

  • Section 212

A claim for payment of a winning bet in relation to approved wagering must be made within 1 year after the holding of the event or the happening of the contingency to which the bet relates and in most instances, must be accompanied by the ticket for the winning bet.

  • Sections 3, 213, 214, Schedule 2; Regulations 12, 13

A person may give to a general operator a notice in the approved form asking the general operator to prohibit the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation. For the definition of ‘general operator’, refer to the Schedule 2 dictionary.

  • Sections 3, 216AA, 216A, 216B, 216C, 216H, 216I, 216K, Schedule 2

A general operator may give a person a notice in the approved form prohibiting the person from taking part in approved wagering at, or entering or remaining in, the operator’s approved place of operation if the operator believes on reasonable grounds the person is a problem gambler. For the definition of ‘problem gambler’, refer to the Schedule 2 dictionary.

  • Sections 3, 216D, 216E, 216F, 216G, 216H, 216I, 216K, Schedule 2

A person must not cheat in relation to approved wagering.

  • Section 217

A person involved in the conduct of approved wagering must not allow a minor to take part in wagering.

  • Sections 227, 228

A person may, by written notice to a licence operator, set a limit on the amount the person may invest by telephone, automated device or the internet.

  • Section 312; Regulation 15

In certain circumstances prescribed by this Act/Regulation, the following investments may be cancelled: fixed odds wagering investment, sport totalisator investment, racing investment and investment made by telephone, automated device or the internet.

  • Section 312; Regulations 15A, 15B, 15C, 15P

If an investor makes an investment using cash or a credit ticket, the authority operator must issue a ticket to the investor. Note: It is the investor’s responsibility to ensure the details on the printed ticket are in accordance with the investment details requested by the investor. The investment is taken to have been made when the investment is paid for and the printed ticket issues to the investor. The investor may use the printed ticket to claim a payout, dividend or refund payable to the investor in relation to the investment.

  • Section 312, Regulation 15E

As soon as practicable after the result of an event is announced, the authority operator conducting wagering on the event must make payouts or pay dividends for winning investments and pay refunds. Note: Despite this rule, an authority operator must not pay a race totalisator dividend before the steward has declared the correct weight and given the all clear signal.

  • Section 312; Regulations 15V, 15W
Reason for law

To ensure that, on balance, the State and the community as a whole benefit from wagering. (Section 2A)

Relevant links

Wagering licensing [Queensland Government]

Gaming [Office of Liquor and Gaming Regulation]
Major licence holders
Fact sheets and brochures

Gaming research [Department of Justice and Attorney-General]

Problem Gambling [Australian Government]

Relationships Australia Queensland

Critique

Section 218 contains the term ‘utters’. This term may not be understood by members of the public.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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