New South Wales Consolidated Acts

PUBLIC LOTTERIES ACT 1996 - SECT 63

63 Notice of proposed controlled contracts or variations of controlled contracts to be given

(1) This section applies only to controlled contracts that the conditions of a licence or the regulations require to be notified to the Minister and so applies in respect of--

(a) such controlled contracts that are entered into after the commencement of this section, and

(b) variations of such controlled contracts, whether the contracts were entered into before or after that commencement.

(2) A licensee or agent must not enter into or become a party to a controlled contract, or the variation of a controlled contract, to which this section applies until the licensee or agent has given the Minister written notice of the details of the proposed contract or variation of contract that are specified in the conditions of a licence or prescribed by the regulations and the investigation time that the Minister is allowed by this section has elapsed.

(3) The notice must be accompanied by the fee specified by the conditions of the licence or prescribed by the regulations.

(4) The Minister may object to the proposed contract or variation of contract by notice in writing given to the licensee or agent during the investigation time that the Minister is allowed by this section, in which case the licensee or agent must not enter into or become a party to the contract or variation of contract.

(5) The Minister is not required, despite any rule of law to the contrary, to give reasons for an objection made under subsection (4).

(6) The Minister is allowed 28 days investigation time (starting from when the notice under subsection (2) is given to the Minister) but that time can be shortened or extended in a particular case by the Minister by notice in writing to the licensee or agent.

(7) Investigation time is not to be extended unless the Minister is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other agencies) make the extension necessary or desirable and that public interest considerations justify the extension.

(8) Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the notice was given to the Minister.

(9) It is a condition of--

(a) a licence that the licensee must comply with this section, or

(b) the approval or appointment of an agent that the agent must comply with this section,

but failure to comply with this section does not affect the validity of any contract or variation of contract.