The Commission regulates the eGambling industry, to ensure that it is conducted honestly and fairly, remains free from criminal influence and that it does not cause harm to the public at large, individual persons and families.
The Commission’s functions in respect of the interests of the player include:
- Assessing the background of the various entities involved in offering the gambling game, including the sources of their funding and the ultimate beneficiaries of the licensed entity;
- Assessing the internal controls and operating procedures applied by the licensed operator to ensure that sufficient controls are in place to mitigate any risks associated with gambling;
- Assessing the fairness, security and auditability of the gambling systems used in making gambling available;
- Reviewing the marketing and advertising policies of licensees;
- Investigating complaints by aggrieved players; and
- The granting of approval and continuous reviewing of policies in respect of player protection and under-age gambling, including:
o Customer registration;
o Customer verification;
o Customer funds [e.g. deposits; recourse to funds; additions to funds];
o Limiting customer activity;
o Counselling for customers; and
o Customer complaints.
SEGREGATION OF CUSTOMER FUNDS
AGCC requires its licensees to adhere to strict prudential ratios in order to provide assurance of the financial health of the remote gambling operation. In addition, the Regulations require Category 1 eGambling licensees (and their associates holding customer funds) to hold funds standing to the credit of registered customers in accounts that are segregated from those used to operate the business of the licensee. The segregation requirement can be waived where a written guarantee has been provided which is considered adequate by the Commission. A Category 1 licensee must also inform registered customers of the risks associated with their funds in the event of its (or its relevant associates’) insolvency.
Customers should be aware that irrespective of any of the above requirements imposed on licensees, funds standing to the credit of customers can never be fully safeguarded in the event of the licensee becoming insolvent.