AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
licence is surrendered or cancelled. In some cases, these are for a specific period, and must be extended or renewed as appropriate. • Wagering licence ‒ the expiry dates for some of the exclusive wagering licences are: (a) 2044 in Victoria; (b) 2098 in Queensland; (c) 2064 in the Australian Capital Territory; (d) 2097 in NSW; and (e) 2100 in South Australia. • Two keno licences in Victoria were granted, each for a 20-year term commencing 15 April 2022. Online Gambling Licence The duration of an online gambling licence varies. However, for sports bookmakers licensed in the Northern Territory, it is generally a maximum term of 20 years under the New NT Wagering Laws. 4.6 Application Requirements The basic documentation requirements when applying for either a land-based gambling licence or an online gambling licence are similar. Due diligence will be conducted to determine the suit- ability of the applicant company, and of its sharehold- ers and directors, as well as that of the holding com- panies and ultimate beneficial owners. Furthermore, the business plan, financial documents and forecasts, and technical documentation in the Northern Terri- tory, and the contribution the gambling business will make to the state or territory will all be assessed in respect of any gambling licence (whether land-based or online). Further detailed information – for example, details of the premises to be used to offer the gambling services and the impact the operation will have on the state and territory – may also be required in respect of any land-based licence application. Further documentation may be required in the case of an application for a gambling licence where the gambling service is part of a larger project. The documents that directors and owners are required to submit include:
• details of their employment history; • a statement of their assets and liabilities; • details of their involvement and experience in the gambling industry;
• supporting documents; and • police clearance certificates.
The disclosure thresholds for shareholders differ between states and territories (and the types of gam- bling licence); generally, the applicable percentage is 10%, but in certain cases it may be 5% or lower. 4.7 Application Timing Land-Based Licence Applications The timescale for a land-based licence applica- tion varies between states and territories, and also depends on the type of licence for which the appli- cation is being made. For example, the Department of Justice and Community Safety in Victoria issued expressions of interest: • in 2021, seeking prospective applicants for the next wagering and betting licence to be granted upon the August 2024 expiration date of the licence – the licence was granted to Tabcorp for a 20-year term commencing on 16 August 2024; and • on 24 October 2024, to initiate the process to identify the next operator of the monitoring licence, which expires on 15 August 2027. Online Licence Applications The period that will elapse before the application for an online sports bookmaker licence in the Northern Territory is granted is usually nine months (but may be shorter or longer). The licence application fee for land-based licences depends on the state or territory, and on the gambling activity to which the application relates. As explained at 4.5 Availability of Licences , land-based licences for casinos, lotteries and wagering activities are grant- ed (in the majority of cases) on an exclusive basis; therefore, any fees are usually substantial. 4.8 Application Fees Land-Based Licences
46 CHAMBERS.COM
Powered by FlippingBook