Australian Capital Territory Numbered Acts

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INTERACTIVE GAMBLING ACT 1998 (NO. 24 OF 1998) - SECT 3

Interpretation

    In this Act, unless the contrary intention appears—

“agency agreement” means an agreement between a licensed provider and another person—

        (a)     appointing the other person as an agent of the licensed provider;

        (b)     dealing with the agent's authority; and

        (c)     stating the conditions under which the agent acts as, and remains, an agent of the licensed provider;

“agent”, in relation to a person, means a person who, for the purposes of this Act, is an agent for that person by virtue of section 6;
“approved control system” means a control system approved by the Commissioner under section 95, and includes an approved control system changed with the approval, or under a direction, of the Commissioner;
“approved form” means a form approved under section 147 for the purposes of the provision where the expression occurs;
“authorised game” means a game that is an authorised game for the purposes of this Act under section 10;
“authorised provider” means a licensed provider or an external provider;
“authorised tax officer” has the same meaning as in the Taxation (Administration) Act 1987 ;
“business associate”, in relation to a person, means a person who is, for the purposes of this Act, a business associate of that person by virtue of section 4;
“Commissioner” has the same meaning as in the Taxation (Administration) Act 1987 ;
“control system” means a system of internal controls and administrative and accounting procedures for the conduct of interactive games by a licensed provider;
“corresponding law” means a law declared to be a corresponding law under paragraph 9 (1) (b);
“determined fee” means a fee determined pursuant to section 145 , or in accordance with a manner determined pursuant to section 145, for the purposes of the provision in which the expression occurs;
“executive associate”, in relation to a person, means a person who is, for the purposes of this Act, an executive associate of that person by virtue of section 4;
“external provider” means a person who is licensed under a corresponding law to conduct interactive games;
“financial institution” means—

        (a)     a bank;

        (b)     a building society;

        (c)     a credit union;

        (d)     a friendly society; or

        (e)     another entity prescribed by the regulations;

“game” includes a scheme or arrangement;
“interactive gambling” means gambling by means of interactive games accessible from the player's home in which a player participates by means of the internet or any other telecommunication medium;
“interactive game” means a game in which—

        (a)     a prize consisting of money or anything else of value is offered or can be won under the rules of the game;

        (b)     a player—

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

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

        (c)     the winner of the prize is decided—

              (i)     wholly or partly by chance; or

              (ii)     by a competition or other activity in which the outcome is wholly or partly dependent on the skill of the player or another person;

“intergovernmental agreement” means an agreement referred to in subsection 9 (2);
“key person licence” means a licence issued under section 52;
“key person licensee” means a person who holds a key person licence;
“licensed provider” means a person who is licensed under this Act to conduct interactive games;
“participating jurisdiction” means a State or another Territory declared to be a participating jurisdiction under paragraph 9 (1) (a);
“participating regulator” means the Minister of State in the government of a participating jurisdiction who is responsible for the administration of a corresponding law;
“player” means a person who intends to participate, or participates, in an interactive game;
“player's account” means an account—

        (a)     that is established in the name of a player at a financial institution or with a prescribed body;

        (b)     against which a licensed provider has a right to debit the amount of a wager; and

        (c)     that is established on a basis under which the player may only have direct recourse to the account—

              (i)     in order to ascertain the balance of funds in the account or to close the account;

              (ii)     in order to obtain the whole or part of an amount paid into the account as a prize in an authorised game; or

              (iii)     as authorised by the licensed provider or the chief executive;

“regulated interactive gambling equipment” means gambling equipment declared by the regulations to be regulated interactive gambling equipment;
“tax law” has the same meaning as in the Taxation (Administration) Act 1987 .



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