New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActNew South Wales Lotteries Corporatisation Act 1996Intergovernmental Agreement Implementation (GST) Act 2000Public Lotteries Legislation Amendment Act 2004NSW Lotteries (Authorised Transaction) Act 2009 , but only to the extent that it amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part--
"New South Wales Lotteries Corporation" means New South Wales Lotteries
Corporation constituted by the New South Wales Lotteries Corporatisation Act
1996 .
"repealed Act" means the Soccer Football Pools Act 1975 , the Lotto Act 1979
or the New South Wales Lotteries Act 1990 .
"Lotteries Act" means the New South Wales Lotteries Act 1990 .
"Lotto Act" means the Lotto Act 1979 .
"Soccer Football Pools Act" means the Soccer Football Pools Act 1975 .
(1) In this clause,
"the transition period" means the period from the repeal of the Lotteries Act until 1 July 2007.
(2) New South Wales Lotteries Corporation is entitled to a licence during the transition period for the conduct of the public lotteries that were being conducted by New South Wales Lotteries immediately before its dissolution. The licence may, when granted or after a later amendment, authorise the conduct of variations of those public lotteries.
(3) No other person may, during the transition period, be granted a licence for the conduct of a public lottery for which New South Wales Lotteries Corporation has been granted a licence under this clause.
(4) This clause ceases to apply to a public lottery if the licence of the New South Wales Lotteries Corporation for that public lottery is cancelled or otherwise ceases to have effect under this Act.
(5) This clause ceases to apply to a public lottery if the New South Wales Lotteries Corporation applies for the grant of a licence for the conduct of that public lottery jointly with some other person.
(1) This clause applies in respect of games that--(a) immediately before the repeal of the Lotteries Act were regarded as lotteries for the purposes of section 4 of that Act, and(b) are considered by the Minister to be games to which this clause should apply because of the nature and degree of developmental and related resources that have been expended on their development by New South Wales Lotteries, and(c) are described in, and declared by, the Minister by notice in writing published in the Gazette on or before the repeal of the Lotteries Act, to be games to which this clause applies.
(2) The Minister may grant to New South Wales Lotteries Corporation or a statutory authority, or to New South Wales Lotteries Corporation and a statutory authority jointly, one or more licences to conduct the public lotteries to which this clause applies.
(3) No other person may, during the transition period, be granted a licence for the conduct of a public lottery to which this clause applies.
(4) This clause ceases to apply to a public lottery if the licence granted in pursuance of this clause for that public lottery is cancelled or otherwise ceases to have effect under this Act.
(5) In this clause--
"statutory authority" means a person or body referred to in section 11 (3) (a) or (b).
"the transition period" means the period from the repeal of the Lotteries Act until 1 July 2007.
(1) This clause applies to--(a) a licence in force under the Lotteries Act and the repealed New South Wales Lotteries (General) Regulation 1995 made under that Act for the conduct of the game of powerball immediately before the repeal of that Act and Regulation, and(b) a licence in force under the Lotto Act for the conduct of games of Lotto, Oz Lotto, Lotto Strike and Keno immediately before the repeal of that Act, and(c) a licence in force under the Soccer Football Pools Act for the promotion, conduct and operation of Soccer Football Pools immediately before the repeal of that Act.
(2) A licence to which this clause applies--(a) is taken to be a licence, granted under this Act, to conduct the public lottery to which the licence under the relevant repealed Act related, and(b) continues in force, subject to this Act, as if granted for a term expiring on 1 July 2007.
(3) The requirements as to the payment of duty of--(a) the repealed Acts, and(b) a licence referred to in subclause (1),are taken to be conditions of a licence continued in force under this clause until such time as the licence is replaced under this clause or is duly amended under this Act.
(4) For the purposes of the application of this clause, a licence issued under the Lotteries Act and the repealed New South Wales Lotteries (General) Regulation 1995 made under that Act for the conduct of the game of powerball--(a) is taken to be a licence granted under the Lotto Act, and(b) the rules made for or with respect to the conduct by a licensee of a game of powerball are taken to have been made under the Lotto Act.
(5) Nothing in this clause affects the power of the Minister to amend a licence, including a licence continued in force under this clause, in accordance with this Act.
(6) This clause does not apply if the Minister, in accordance with this Act, grants a licence, in replacement of a licence referred to in subclause (1), to take effect on and from the appointed day.
The prize fund account known as the Keno Prize Fund established under the licence in force immediately before the repeal of the Lotto Act in respect of the conduct of the public lottery known as keno is taken to be a prize fund account established under section 27 (Prize fund account).
(1) The regulations under clause 1 may make provision for the continued conduct by New South Wales Lotteries Corporation of a draw lottery, instant lottery or other public lottery after the repeal of the Lotteries Act and pending the grant of a licence under this Act for the public lottery.
(2) Without limiting subclause (1), a regulation to which this clause applies may provide for the continued operation of provisions of any one or more of the following--(a) the Lotteries Act,(b) the New South Wales Lotteries (Instant Lotteries) Regulation 1994 ,(c) the New South Wales Lotteries (General) Regulation 1995 .
(1) Any rules in force under a repealed Act immediately before the repeal of that Act continue in force as if they were rules made and in force in accordance with Part 4 of this Act.
(2) Subclause (1) does not affect the future amendment or repeal of the rules.
(1) Any public lottery that was being conducted under the Lotteries Act immediately before the repeal of that Act may be completed under this Act.
(2) This Act applies to and in respect of a public lottery referred to in this clause in the same way as it applies to a public lottery conducted under this Act.
(1) Any game of powerball that was being conducted under the Lotteries Act immediately before the repeal of that Act may be completed under this Act.
(2) This Act applies to and in respect of a game of powerball referred to in this clause in the same way as it applies to a game of powerball conducted under this Act.
(1) Any game of lotto that was being conducted under the Lotto Act immediately before the repeal of that Act may be completed under this Act.
(2) This Act applies to and in respect of a game of lotto referred to in this clause in the same way as it applies to a game of lotto conducted under this Act.
(1) Any soccer football pool that was being promoted, conducted or operated under the Soccer Football Pools Act immediately before the repeal of that Act may be completed under this Act.
(2) This Act applies to and in respect of a soccer football pool referred to in this clause in the same way as it applies to a soccer football pool conducted under this Act.
(1) An agreement in force under--(a) section 9 of the Lotteries Act, or(b) section 13A of the Lotto Act, or(c) section 14B of the Soccer Football Pools Act,immediately before the repeal of that section is taken, for the balance of the term of the agreement, to be an arrangement made for the purposes of section 33 (Sharing of duty with participating areas).
(2) The Treasurer is to continue to make payments in respect of duty under an agreement referred to in this clause on the same basis on which duty was paid under the agreement before the repeal of the relevant section for the balance of the term of the agreement (unless otherwise lawfully varied), despite any requirement of section 33.
Nothing in this Act requires a licensee to disclose to the Minister the existence or making of a contract or the making of a variation to a contract if the making or existence of the contract or the making of the particular variation to the contract was disclosed to the Minister before the commencement of section 63 (Notice of proposed controlled contracts or variations of controlled contracts to be given) of this Act pursuant to a licence in force immediately before that commencement.
A person who was an agent of a licensee under a repealed Act immediately before the repeal of that Act is taken to be an agent of the licensee under this Act in accordance with the terms and conditions applying immediately before that repeal.
(1) A person who, immediately before the repeal of section 10 of the Soccer Football Pools Act, was duly appointed as an approved representative of a licensee under that section is taken to have been appointed or approved as an agent of the licensee in accordance with the conditions of a licence granted under this Act.
(2) A reference in any other Act, in any instrument made under an Act or in any other document to an approved representative of a licensee is to be read as a reference to an agent of the licensee.
A person who was an inspector under a repealed Act immediately before the repeal of that Act is taken--
(a) to be an inspector under this Act, and
(b) to have satisfied the requirements of this Act as to the standard of integrity required for appointment as an inspector.
Any delegation in force under a repealed Act immediately before the repeal of that Act is taken to have been given under this Act and continues to have effect as if it had been given under this Act.
Any information acquired by a person in the exercise of functions under a repealed Act is taken to have been acquired by the person in the exercise of functions under this Act.
(1) The rights of a claimant to a prize in an instant lottery are to be determined in accordance with Division 3 (Instant lotteries) of Part 6 (Other provisions relating to public lotteries) of this Act even if proceedings in relation to the payment of a prize in the instant lottery to the claimant are pending at the commencement of that Division.
(2) If, before or after the commencement of that Division--(a) the claimant of a prize in an instant lottery has obtained a judgment with respect to the claim in proceedings instituted before that commencement, and(b) the rights of the claimant have not been determined in accordance with that Division,the judgment is, by force of this clause, vacated and set aside.
(3) Nothing in this clause or Division 3 of Part 6 affects the judgment of the Court of Appeal of the Supreme Court in State Lotteries Office v Burgin (No CA 40133/93) as between the parties to those proceedings.
(4) In this section,
"judgment" includes a summary or default judgment or order.
A direction given by the Minister to a licensee or other person under section 9A of the Lotto Act that has not been complied with before the repeal of that Act is taken to be a direction given under section 59 (Prejudice to integrity of public lottery involving licensees or other persons) of this Act and is to have effect accordingly.
A direction given by the Minister to a licensee or other person under section 9B of the Lotto Act that has not been complied with before the repeal of that Act is taken to be a direction given under section 56 (Failure of key employee to provide required information) or 61 (Prejudice to integrity of public lottery involving key employee) of this Act and is to have effect accordingly.
Any information notified to the Minister by a licensee or agent in accordance with the requirements of section 17 (1) of the Lotto Act before the repeal of that Act is taken to be information provided for the purposes of this Act.
A notice served by the Minister on a key employee under section 17AA of the Lotto Act that has not been complied with before the repeal of that Act is taken to be a notice served under section 55 (Minister may require key employees to provide information) of this Act and is to have effect accordingly.
An investigation undertaken under section 17A of the Lotto Act that is pending immediately before the repeal of that Act is taken to be an investigation under section 68 (Investigations) of this Act and may be continued and completed in accordance with the requirements of this Act.
(1) Section 17B of the Lotto Act and clause 13 of the repealed Lotto Regulation 1995 continue to apply to and in respect of a notice, served by the Minister on the parties to a prescribed contract under section 17B (1) of the Lotto Act, that has not been dealt with before the repeal of that Act.
(2) Any decision concerning the termination of a contract that results from the service of a notice to which this clause applies is taken to have been made or effected under Division 3 (Contracts) of Part 7 (Enforcement) of this Act as if the prescribed contract concerned was a controlled contract, and is to have effect accordingly.
(1) Section 10 of the Lotto Act continues to apply to and in respect of the revocation or suspension, before the repeal of that Act, of a licence granted under that Act.
(2) The Minister may authorise the completion of any game of lotto that was in the course of being conducted on the revocation or suspension of a licence to which this clause applies in the manner provided for by section 20 (Completion of public lottery following cancellation, revocation or suspension of licence).
(1) If anything done or commenced under a provision of a repealed Act or a regulation repealed by this Act before the repeal of that provision and still having effect or not completed immediately before that repeal could have been done or commenced under this Act if this Act had been in force when the thing was done or commenced--(a) the thing done continues to have effect, or(b) the thing commenced may be completed,as if it had been done or commenced under this Act.
(2) This clause is subject to any express provision of this Act on the matter.
In this Part--
"amending Act" means the Public Lotteries Legislation Amendment Act 2004 .
The amendment made by Schedule 1 [12] to the amending Act extends to prizes that are unclaimed prizes on the commencement of that amendment.
Anything done before the commencement of section 37A (as inserted by Schedule 1 [13] to the amending Act) which would have been validly done had that section been in force when it was done is validated.
(1) Any proceedings for an offence against section 41 that were instituted but not finally determined before the commencement of the amendment made to that section by Schedule 1 [16] to the amending Act are to be determined as if that amendment had not commenced.
(2) Any proceedings for an offence against section 42 that were instituted but not finally determined before the commencement of the amendment made to that section by Schedule 1 [17] to the amending Act are to be determined as if that amendment had not commenced.
(1) In this Part--
"authorised transaction" means the authorised transaction under the Transaction Act.
"existing keno licence" means the licence in force under this Act immediately before the commencement of this clause in respect of games of keno.
"existing lottery" means a public lottery conducted by NSW Lotteries pursuant to a licence under this Act immediately before the commencement of the new licensing arrangements.
"new licensing arrangements" means the provisions of this Act as amended by the Transaction Act.
"Transaction Act" means the NSW Lotteries (Authorised Transaction) Act 2009 .
"transaction completion date" means the date determined by the Treasurer to be the date on which the authorised transaction of NSW Lotteries under the Transaction Act is completed.
(2) Other expressions used in this Part that are defined in the Transaction Act have the same meaning as in that Act.
This Act continues to apply to and in respect of the existing keno licence as if this Act had not been amended by the Transaction Act.
(1) The Minister may, in connection with the authorised transaction, grant a licence under the new licensing arrangements before those arrangements commence.
(2) Any function of the Minister or Treasurer under this Act and the new licensing arrangements may be exercised for the purposes of or in connection with the grant of a licence under this clause (including any function with respect to requiring the payment of any fee or consideration payment).
(3) Any determination to be made by the Minister in connection with the grant of a licence pursuant to this clause is to be made as if the licence were being granted immediately after the completion of the authorised transaction and on the basis of the state of affairs that the Minister considers is likely to exist immediately after completion of the authorised transaction.
(4) A licence can be granted under this clause to authorise the conduct of a lottery even if the lottery is of the same kind as an existing lottery.
(5) Any licence granted under the new licensing arrangements pursuant to this clause does not operate until the commencement of those arrangements.
(1) The rules relating to the conduct of an existing lottery, as in force immediately before the commencement of the new licensing arrangements, are deemed to be the rules (the
"transitional rules" ) of a public lottery that is of the same kind as the existing lottery and authorised to be conducted under a product licence that takes effect on the commencement of the new licensing arrangements.
(2) An existing lottery being conducted by NSW Lotteries immediately before the commencement of the new licensing arrangements is to be completed--(a) by the licensee under a product licence that takes effect on the commencement of the new licensing arrangements and that authorises the conduct of a lottery of the same kind as the existing lottery, and(b) in accordance with any directions given to that licensee by the Minister.
(3) This clause does not prevent the subsequent amendment of the transitional rules in accordance with this Act.
(1) The Minister may, with the approval of the Treasurer, require a licensee to pay to the Treasurer for payment into the Consolidated Fund the fund surplus as at the transaction completion date for each prize fund kept in respect of the licensee.
(2) The
"fund surplus" for a prize fund is the amount determined by the Minister to be the amount standing to the credit of the prize fund as at the transaction completion date that as at that date is not required for payment of prizes won in a public lottery to which the prize fund relates.
(3) A licensee must pay money from a prize fund in compliance with the Minister's direction and such a payment is authorised despite the requirements of section 27.
(4) This clause does not apply to the licensee under the existing keno licence.
(1) Any licence held by NSW Lotteries immediately before the commencement of the new licensing arrangements is revoked on the commencement of those arrangements.
(2) Compensation is not payable by or on behalf of the State because of the revocation of a licence under this clause, or for any consequence of the revocation of a licence under this clause.
In
this Division--
"agency agreement" means an agreement that provides for a person to act as
agent for a licensee in connection with the conduct of a public lottery by the
licensee.
"agency protection period" means the period of 5 years commencing on the
transaction completion date.
"existing retail agency agreement" means a retail agency agreement under which
a retail agent was an agent of NSW Lotteries immediately before the
commencement of the new licensing arrangements (and includes such an agreement
as in force after that commencement).
"existing retail agent" means an agent under an existing retail agency
agreement.
"retail agency agreement" means an agency agreement that provides for the
agent to sell lottery tickets only at--
(a) the premises of a newsagency, convenience store or other retail business, or
(b) any premises prescribed (or of a kind prescribed) by the regulations for the purposes of this definition.
(1) The following protections apply to an existing retail agency agreement--(a) the agreement continues in force after the commencement of the new licensing arrangements on the same terms and conditions as applied to the agreement immediately before the commencement of the new licensing arrangements,(b) the terms and conditions of the agreement cannot be varied during the agency protection period except by agreement between the licensee and the agent,(c) if the agreement is due to expire before the end of the agency protection period, the term of the agreement is extended until the end of that period unless the agent and the licensee otherwise agree,(d) the agreement cannot be terminated by the licensee pursuant to a termination for convenience provision of the agreement during the agency protection period unless the agent consents to the termination,(e) the terms and conditions of the agreement cannot be varied without the agreement of the agent during the 6 months after the end of the agency protection period unless the licensee has given the agent at least 6 months' notice of the proposed variation,(f) the agreement cannot be terminated by the licensee pursuant to a termination for convenience provision of the agreement during the 6 months after the end of the agency protection period unless the licensee has given the agent at least 6 months' notice of intention to terminate.Note--: Notice of intention to terminate can be given during the agency protection period (but so that the 6-month period of notice expires after the end of the agency protection period). Paragraph (f) does not extend to an agency agreement that is extended under paragraph (c) (because the agreement expires at the end of the agency protection period).
(2) A restriction imposed by this clause on the right of a licensee to terminate an agency agreement pursuant to a termination for convenience provision of the agreement does not affect any right of the agent to terminate pursuant to such a provision or any right of the licensee or agent to terminate for a breach of the agreement.
(3) This clause does not prevent the termination of an agency agreement pursuant to a direction of the Minister under section 21H (Withdrawal of approval or appointment of agent under conditions of licence) or 60 (Minister may direct licensee to terminate certain agency arrangements).
(1) A licensee must not enter into an agency agreement before the end of the agency protection period that authorises the agent to sell lottery tickets at the premises of a retail business unless the premises are the premises of a newsagency, convenience store or a business that is (or that is of a kind) prescribed by the regulations.
(2) A licensee must not enter into an agency agreement during the 6 months after the end of the agency protection period that authorises the agent to sell lottery tickets at the premises of a retail business unless--(a) the premises are the premises of a newsagency, convenience store or a business that is (or that is of a kind) prescribed by the regulations, or(b) the licensee has given each agent under an existing retail agency agreement not less than 6 months' notice in writing of the licensee's intention to enter into the agency agreement, specifying the general nature of the business carried on by the proposed agent.
(3) The Minister is not to recommend the making of a regulation for the purposes of this clause unless satisfied that the business or kind of business to be prescribed is of a similar nature to a business that is an agent under an existing retail agency agreement.
(4) A failure to comply with this clause does not affect the validity of an agency agreement entered into in contravention of this clause but such a failure constitutes a failure to comply with a provision of this Act for the purposes of section 21B (Grounds for disciplinary action against licensee).
(1) A licensee must not enter into an agency agreement during the agency protection period if the effect of entering into the agreement would be to increase the number of retail agency agreements in force at the time by more than 100 over the allowable limit.
(2) The
"allowable limit" is the sum of--(a) the number of retail agency agreements that are in force immediately before the transaction completion date, and(b) the number of 7-Eleven agency agreements entered into on or after the transaction completion date.
(3) A failure to comply with this clause does not affect the validity of an agency agreement entered into in contravention of this clause but such a failure constitutes a failure to comply with a provision of this Act for the purposes of section 21B (Grounds for disciplinary action against licensee).
(1) A licensee must not enter into a full-service agency agreement during the agency protection period on terms that are substantially more favourable to the agent than the terms of any existing agency agreement that is a full-service agency agreement unless the licensee has offered to enter into an agency agreement on those terms with each agent of the licensee under an existing agency agreement that is a full-service agency agreement.
(2) A licensee must publicly advertise opportunities for interested parties to enter into full-service agency agreements with the licensee during the agency protection period.
(3) A
"full-service agency agreement" is an agency agreement that authorises the agent to sell entries in all the public lotteries that the licensee is authorised to conduct.
(4) This clause does not apply to or in respect of a 7-Eleven agency agreement entered into during the agency protection period.
(5) A failure to comply with this clause does not affect the validity of an agency agreement entered into in contravention of this clause but such a failure constitutes a failure to comply with a provision of this Act for the purposes of section 21B (Grounds for disciplinary action against licensee).
(1) A requirement imposed by or under an existing retail agency agreement with respect to shop fit-out and shop signage (such as a requirement of the Retail Image Program of NSW Lotteries) cannot be varied during the agency protection period without the consent in writing of the agent.
(2) An existing retail agency agreement cannot be varied during the agency protection period to impose any additional obligation on the agent to pay for any new terminal to be used for selling entries in a public lottery except with the consent in writing of the agent.
(3) This clause does not apply to or in respect of a 7-Eleven agency agreement.
A licensee is not entitled to vary the frequency with which an existing retail agent is required during the agency protection period to forward to the licensee money received by the agent from the sale of entries in a public lottery, unless the agent consents in writing to the variation.
During the agency protection period, the licensee under an existing retail agency agreement must provide to the agent (at no cost to the agent) training and operational support of the kind and of a standard provided to existing retail agents by NSW Lotteries before the transaction completion date.
(1) The Minister must not approve any change to an existing agent commission rate (or any rule or amendment of a rule that would have the effect of changing an existing agent commission rate) during the agency protection period without first consulting on the proposed change with the persons or bodies that the Minister considers represent the views and interests of existing retail agents.
(2) An
"existing agent commission rate" is the rate at which commission is payable to an agent under an existing retail agency agreement in respect of sales of entries in a public lottery conducted by the licensee.
(1) The Minister is to establish an industry forum to facilitate discussion between representatives of participants in the public lotteries industry about issues that are of interest or concern to them.
(2) The Minister is to convene the forum at least twice each year.
(3) Issues to be discussed at the forum include (but are not limited to) product innovation, product distribution, agent commission rates and the effectiveness or otherwise of harm minimisation initiatives.
(1) A term or condition of an existing retail agency agreement is of no effect to the extent (if any) that is inconsistent with the operation of this Division.
(2) Each existing retail agency agreement is deemed to include a provision that the parties agree to give effect to the provisions of this Division.
This Division does not apply to an agency agreement to the extent that it provides for a person to act as agent in respect of games of keno.
In this Part--
"amending Act" means the Liquor and Gaming Legislation Amendment Act 2018 .
A person who, immediately before the repeal of section 69 by the amending Act, was an inspector for the purposes of this Act is taken, on that repeal, to have been appointed as an inspector under section 71 as inserted by the amending Act.
Section 72, as in force immediately before its repeal by the amending Act, continues to apply to a search warrant issued under that section before its repeal.