New South Wales Consolidated Acts

PUBLIC LOTTERIES ACT 1996 - SECT 4

4 Definitions

(1) In this Act--

"agent" of a licensee means an agent appointed or approved in accordance with the conditions of the licence held by the licensee.

"commission" , in relation to a public lottery, means an amount--

(a) paid to, deducted by or retained by an agent in connection with a subscription to the public lottery (whether or not in the person's capacity as an agent of the licensee conducting the public lottery), and

(b) determined by or in accordance with, and identified as commission in, the conditions of the relevant licence or the rules of the public lottery.

"conduct" a public lottery includes promote, organise and operate the public lottery.

"corresponding law" means a law of another State, Territory or country under which a person is authorised to conduct a public lottery.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"inspector" means a person appointed under section 71.

"keno" has the meaning set out in section 5B.

"key employee" means a person (whether or not appointed under a contract of service) who is--

(a) employed in a managerial or supervisory capacity in relation to the conduct of a public lottery by a licensee, or

(b) authorised to make decisions, involving the exercise of his or her discretion, that regulate the operations of a licensee or an agent in relation to the conduct of a public lottery by the licensee, or

(c) concerned or engaged, in any manner prescribed by the regulations, in the conduct of a public lottery by a licensee.

"licence" means an operator licence or product licence in force under this Act.

"licensee" means the holder of a licence.

"operator licence" --see section 10.

"outgoings" for a public lottery conducted by a licensee means the amount required to be paid by the licensee in accordance with section 26 (1) into the prize fund for the lottery.

"player loss" on a public lottery conducted by a licensee means the difference between--

(a) the subscriptions to the public lottery and, if the conditions of the licensee's licence so require, the commission payable in respect of those subscriptions, and

(b) the outgoings for the public lottery.

"product licence" --see section 10.

"public lottery" has the meaning set out in section 5.

"rules" of a public lottery means the rules relating to the conduct of the public lottery in force under Part 4.

"subscriptions" to a public lottery means the amounts paid for entries in the public lottery, but does not include the following--

(a) amounts charged to subscribers by the licensee's agents for providing ancillary services in connection with the subscriptions (as referred to in section 13 (1) (e1)),

(b) commission, unless this Act otherwise expressly provides.

Note : See sections 26 (3), 28 (4) and 29 (6).

"symbol" includes amount, word or picture.

"unclaimed prize" means a prize that remains unclaimed by the prizewinner for a period of one year after the date on which the public lottery to which the prize relates was conducted.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes in the text of this Act do not form part of this Act.