AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
Online Gambling Licences The application fees applicable in the Northern Terri- tory are AUD29,000 for:
licensed operator and a significant influence over the licensee’s business. A key person licence is granted by the NTRWC for a maximum period of five years and may be renewed. An individual whose role is to represent the licensed sports bookmaker must be approved by the NTRWC to be appointed as the nominee of the licensee. The application process for a personal licence requires the completion of an application form providing responses to requests for personal details. The details that are required for a personal licence (eg, a key per- son licence issued by the NTRWC) are less onerous than the details required in an application relating to a probity review to be associated with the ownership or directorship of a licensed operator. The application process is likely to also require that fingerprinting be provided for the purposes of conducting background checks and providing police certificates. The NTRWC key person licence application fee is cur- rently AUD217.50. The process to be granted a key person licence is usually completed in approximately two months. There are usually no annual fees associated with personal licences; however, renewal of the personal licence will require the payment of a fee – eg, the key person licence issued by the NTRWC requires pay- ment of the same amount as if applying for a new licence (currently AUD217.50). The ongoing requirements generally associated with a personal licence are that the individual remains suit- able to hold the licence and that the regulator be noti- fied if situations arise that could affect the individual’s suitability. A personal licence may include conditions with which the individual must comply. Regulators have the pow- er to suspend or cancel a personal licence granted to an individual if the person is no longer deemed to be suitable or fit and proper to hold the licence.
• a sports bookmaker licence; • a betting exchange licence; or
• an online gaming licence. 4.9 Ongoing Annual Fees Land-Based Licences Fees payable with regard to land-based licences vary depending on: • the type of land-based licence (casinos or other gambling venues); • the relevant state or territory in which the licence is granted; • whether exclusivity is granted; and • the manner of payment (upfront or on an annual basis). This varies materially. In NSW, for example, a one-off payment of AUD256 million was paid in 1995 for a 12-year exclusivity period for a casino licence, and a further AUD100 million was paid in 2007 for a 12-year extension of the exclusivity period. Online Gambling Licences In the Northern Territory, online sports bookmakers and online gaming licensees pay an annual licence fee of AUD29,000. 4.10 Personal Licensing A personal licence may be required at the state and territory level, for example in respect of gambling operators/venues that are in the land-based market (eg, gaming machine technician licences). A personal licence is required in the Northern Terri- tory for individuals that are deemed key individuals in relation to the online sports bookmaker licence. Key person licences are required by: • directors or executive officers of the licensed operator; and • individuals who are in managerial positions, or who have a managerial function in the business of the
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