Queensland Consolidated Acts

LOTTERIES ACT 1997

- As at 1 February 2024 
- Act 34 of 1997 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   2A.     Object
   2B.     Explanation of licensing scheme
   3.      Definitions—the dictionary

   PART 2 - AUTHORISED LOTTERIES

           Division 1 - Basic concepts

   4.      Meaning of gaming scheme
   5.      Meaning of lottery

           Division 2 - Requirement for lottery to be authorised by lottery licence and lottery operator’s licence

   6.      Requirement for primary licence
   7.      Foreign gaming schemes
   7A.     Approval to conduct approved lottery in another State or foreign country
   8.      Lawful activities

   PART 2A - PRIMARY LICENCES

           Division 1 - Preliminary

   8A.     Person may not hold both types of primary licence
   8B.     What a licence authorises

           Division 2 - Issuing and amending primary licences

   9.      Application for primary licence
   10.     Consideration of application
   11.     Conditions for granting application
   12.     Suitability of applicant to hold primary licence
   13.     Suitability of business and executive associates
   14.     Investigations of suitability of persons
   15.     Decision on application
   16.     Conditions of licence
   17.     Form of primary licence
   17A.    Voluntary omission of a lottery stated in a primary licence
   18.     Changing conditions of primary licence
   18A.    Other amendments of primary licence
   18B.    When amendments take effect
   18C.    Notice to other interested persons
   19.     Return of licence for endorsement of amendments
   20.     (Repealed)

           Division 3 - General provisions about primary licences

   21.     Primary licence not to be transferable
   22.     Mortgage and assignment of primary licence
   23.     Surrender of primary licence

           Division 4 - Obligations to act under primary licences

   23A.    Primary licensees must enter lottery operation agreements
   23B.    Lottery operators must actively conduct lotteries
   23C.    Minister may temporarily excuse non-activity

           Division 5 - Suspension or cancellation of primary licences and omission of lotteries from primary licences

   24.     Grounds for suspension or cancellation
   24A.    Ground for omitting a lottery from a primary licence
   25.     Show cause notice
   26.     Copy of show cause notice to be given to interested persons
   27.     Consideration of representations
   28.     Immediate suspension
   29.     Censuring primary licensee
   30.     Directions to rectify
   31.     Notice by the Minister
   32.     Suspension, cancellation, amendment and appointment of administrator
   32A.    Endorsement of amendment
   33.     Terms of appointment, and role, of administrator
   34.     Cancellation or reduction of period of suspension

           Division 6 - Investigations into suitability

   35.     Audit program
   36.     Investigations
   37.     Requirement to give information or document for investigation
   38.     Reports about person’s criminal history
   39.     Decisions about primary licence not to be justiciable

   PART 2B - LOTTERY OPERATION AGREEMENTS

   39A.    What is a lottery operation agreement
   39B.    Amendments must also be approved
   39C.    Approval process
   39D.    Minister to be notified if agreement ends
   39E.    Being a party to more than 1 lottery operation agreement

   PART 3 - KEY EMPLOYEES AND OPERATORS

           Division 1 - Requirement for key employees to be licensed

   40.     Meaning of key employee
   41.     Obligation to hold licence
   42.     Prohibition of employment of unlicensed persons as key employees

           Division 2 - Key operators

   43.     Meaning of key operator
   44.     Requirement that key operator apply for licence or end role
   45.     Requirement that key operator end role
   46.     Requirement to end key operator’s role

           Division 3 - Applications for, and issue of, key person licences

   47.     Application for key person licence
   48.     Consideration of application
   49.     Conditions for granting application
   50.     Investigation of suitability of applicant
   51.     Decision on application
   52.     Form of key person licence
   53.     Term of key person licence
   54.     Lapsing of key person licence
   55.     Conditions
   56.     Changing conditions of key person licence
   57.     Replacement of key person licence
   58.     Surrender of key person licence

           Division 4 - Suspension and cancellation of key person licences, and other action by chief executive

              Subdivision 1 - Suspension and cancellation

   59.     Grounds
   60.     Show cause notice
   61.     Consideration of representations
   62.     Immediate suspension
   63.     Suspension and cancellation of licence after show cause process

              Subdivision 2 - Other action by chief executive

   64.     Ending show cause process without further action
   65.     Censuring key person licensee
   65A.    Direction to rectify matter after show cause process
   65B.    Cancellation or reduction of period of suspension

           Division 5 - Investigation of key person licensees

   66.     Audit program
   67.     Investigations into suitability of key person licensees
   68.     Requirement to give information or document for investigation
   69.     Reports about criminal history

           Division 6 - Requirements about employment

   70.     Notice of start of licensed employee’s employment
   71.     Returns about employees
   72.     Notice of end of licensed employee’s employment
   73.     Requirement to end licensed employee’s employment

           Division 7 - Requirements about association with key operators

   74.     Notice to end key operator’s role
   75.     Requirement to end key operator’s role

           Division 8 - General

   76.     False statements by applicants
   77.     Destruction of fingerprints

   PART 4 - LOTTERY AGENTS

           Division 1 - Agency agreements

   78.     Meaning of agency agreements
   79.     Conditions for entering into agency agreement
   80.     (Repealed)
   81.     (Repealed)
   82.     (Repealed)

           Division 2 - Terminating agency agreements

   83.     Grounds for termination
   84.     Show cause notice
   85.     Suspending lottery agent’s operations
   86.     Censuring lottery agent
   87.     Direction to rectify
   88.     Directions to terminate affecting lottery agents
   89.     Termination of agreement
   90.     (Repealed)

           Division 3 - Investigations into suitability

   91.     Investigations
   92.     Requirement to give information or material for investigation
   93.     Reports about person’s criminal history

   PART 5 - LOTTERY TAX AND LICENCE FEE

   94.     Liability to tax
   95.     Liability to licence fees
   96.     Returns for calculation of lottery tax
   97.     Penalty for late payment
   97A.    Liability of lottery operator’s holding companies for unpaid tax, fee or penalty
   98.     Recovery of amounts
   99.     Revenue offences
   99A.    (Expired)

   PART 6 - COMPLIANCE REQUIREMENTS

           Division 1 - Control systems

   100.    Lottery to be conducted under control system
   101.    Content of control system
   102.    Chief executive may give direction about content of control system
   103.    (Repealed)
   104.    (Repealed)

           Division 2 - Lottery records

   104A.   Application of div 2 to former primary licensees
   105.    Notices about keeping lottery records
   106.    Lottery records to be kept at certain place
   107.    Lottery records to be kept for required period

           Division 3 - Financial accounts, statements and reports

   108.    Keeping of accounts
   109.    Preparation of financial statements and accounts
   110.    Submission of reports

           Division 4 - Financial institutions accounts

   111.    Keeping of accounts
   112.    Use of accounts

           Division 5 - Audit

   113.    Audit of primary licensee’s operations
   114.    Completion of audit
   115.    Further information following audit

   PART 7 - CONDUCT OF APPROVED LOTTERIES

           Division 1 - Ancillary and related agreements

   116.    Ancillary lottery agreement
   117.    Approval of ancillary lottery agreements
   118.    Review of related agreements
   119.    Show cause notice for related agreement
   120.    Direction to terminate related agreement

           Division 2 - Operations of lottery operators and agents

   121.    Rules
   121A.   Rules to be made available
   122.    General responsibilities of lottery operator
   123.    Responsibility of lottery operator for acts of lottery agents
   124.    Responsibility of lottery agent for agent’s acts
   125.    Places of operation
   125A.   Acceptance of entry form
   126.    Harm minimisation measures

           Division 3 - Official supervision

   127.    Official supervision
   128.    Presence of inspector at certain operations

           Division 4 - Prizes

   129.    Claims for prizes
   130.    Payment of prizes
   131.    Disposal of unclaimed prizes that are property
   131A.   Payment of unclaimed major prizes into the Treasurer’s unclaimed moneys fund
   131B.   Payment of other unclaimed prizes into the consolidated fund
   132.    Unclaimed prizes generally
   132AA.  Former lottery operators
   132A.   Relationship of provisions about unclaimed prizes with Public Trustee Act
   133.    Approval of regulated lottery equipment
   134.    Use of regulated lottery equipment
   134A.   Approved evaluators
   135.    Advertising lotteries
   136.    Directions about advertising
   137.    Inquiries about complaints
   138.    Claims for payment
   139.    Reporting improper behaviour

           Division 5 - Lottery offences

   140.    Cheating
   141.    Forgery and deception
   142.    Impersonating certain persons
   143.    Bribery
   144.    Participation in lotteries by lottery employees or lottery officials
   145.    Key officials
   146.    Relationship of key officials with primary licensees and lottery agents
   147.    Relationship of key officials with prospective licensees
   148.    Relationship of primary licensees and lottery agents with key officials
   149.    Participation by minors prohibited
   150.    Obscene etc. terms prohibited
   151.    Offences by certain persons
   152.    Lottery operator not to publish identity of participant in certain cases

   PART 8 - INVESTIGATION AND ENFORCEMENT

           Division 1 - Inspectors

              Subdivision 1 - Appointment of inspectors

   153.    Appointment and qualifications

              Subdivision 2 - Other matters about inspectors

   154.    Conditions and limit on powers
   155.    Issue of identity card
   156.    Production or display of identity card
   157.    When inspector ceases to hold office
   157A.   Resignation
   157B.   Return of identity card

              Subdivision 3 - Audit program and report about criminal history

   157C.   Audit program
   157D.   Report about criminal history

           Division 2 - Powers of inspectors

              Subdivision 1 - Power to enter places

   158.    Entry without consent or warrant
   159.    Entry with consent or warrant

              Subdivision 2 - Consents and warrants for entry

   160.    Consent to entry
   161.    Evidence of consent
   162.    Application for warrant
   163.    Issue of warrant
   164.    Special warrants
   165.    Evidence about special warrants

              Subdivision 3 - General powers

   166.    General powers after entering places
   167.    Failure to help inspector
   168.    Failure to give information
   169.    (Repealed)

              Subdivision 4 - Power to seize evidence

   170.    Seizing evidence at place that may be entered without consent or warrant
   171.    Seizing evidence at places that may only be entered with consent or warrant
   172.    Securing things after seizure
   173.    Tampering with things subject to seizure
   174.    Powers to support seizure
   175.    Receipts to be given on seizure
   176.    Forfeiture
   177.    Return of things that have been seized
   178.    Access to things that have been seized

              Subdivision 5 - Power to give directions

   179.    Direction to stop using thing
   180.    Requirements about stop directions
   181.    Failure to comply with stop direction
   181A.   Direction about conduct of approved lottery

              Subdivision 6 - Power to obtain information

   182.    Power to require name and address
   183.    Failure to give name or address
   184.    (Repealed)
   185.    Power to require production of documents
   186.    Failure to produce document
   187.    Failure to certify copy of document
   188.    Power to require attendance of persons
   189.    Failure to comply with requirement about attendance
   190.    Power to require financial records
   191.    Effect of compliance with financial records requirement
   192.    Failure to comply with financial records requirement

           Division 3 - Powers of Minister

   193.    Direction about management practice

           Division 4 - General enforcement matters

   194.    Forfeiture on conviction
   195.    Dealing with forfeited things
   196.    Notice of damage
   197.    Compensation
   198.    Protecting officials from liability

           Division 5 - General enforcement offences

   199.    False or misleading statements
   200.    False, misleading or incomplete documents
   201.    Obstructing inspectors
   202.    (Repealed)

   PART 9 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   203.    Application of division
   204.    Appointments and authority
   205.    Signatures
   206.    Evidentiary aids

           Division 2 - Proceedings

   207.    Indictable and summary offences
   208.    Proceedings for indictable offences
   209.    Limitation on who may summarily hear indictable offence proceedings
   210.    Limitation on time for starting summary proceedings
   211.    Responsibility for acts or omissions of representatives
   212.    Executive officer may be taken to have committed offence against s 99(1)
   213.    Attempts to commit offences

   PART 10 - REVIEW OF DECISIONS BY TRIBUNAL

   214.    When lottery operators may apply for review
   215.    When applicants for key person licences may apply for review
   216.    When licensees under key person licences may apply for review
   217.    When lottery agents may apply for review
   218.    When other persons may apply for review
   219.    Tribunal to decide review on evidence before the chief executive
   220.    Tribunal may give leave for review to be decided on new evidence in particular circumstances
   221.    Appeals from tribunal only to Court of Appeal on a question of law
   222.    (Repealed)
   222A.   (Repealed)
   223.    (Repealed)
   223A.   (Repealed)
   224.    (Repealed)

   PART 11 - MISCELLANEOUS

   225.    Confidentiality of information
   225A.   Commissioner of police service to notify changes in criminal history
   226.    Delegations
   226A.   Chief executive may make guidelines
   227.    Approval of forms
   228.    Regulation-making power

   PART 11A - TRANSACTION INVOLVING GCLC

           Division 1 - Preliminary

   228A.   Definitions for pt 11A
   228B.   Object

           Division 2 - Share transfer, licences and other matters for the transaction

   228C.   Minister’s power to execute share transfers
   228D.   GCLC stops being a company GOC
   228E.   GCLC’s current lottery licence ends
   228F.   Issue of licences to the State company and GCLC
   228G.   GCLC continuously authorised to conduct lotteries
   228H.   Lottery operation agreement
   228I.   Disposal of public records

           Division 3 - Constitutions of GCLC companies and related matters

   228J.   Application of div 3
   228K.   Mandatory constitutional requirements for GCLC companies
   228L.   Inconsistent alterations to GCLC companies’ constitutions have no effect
   228M.   Injunctions
   228N.   Other powers of Supreme Court
   228O.   Jurisdiction of Supreme Court
   228P.   Delegation by Minister
   228Q.   Suspension or cancellation of licence for breach of head office provision

   PART 12 - REPEALS AND TRANSITIONAL PROVISIONS

           Division 1 - Repeals

   229.    Repeal of Lotteries Act 1994
   230.    References to repealed Act

           Division 2 - Transitional provisions for Lotteries Act 1997

   231.    (Repealed)
   232.    (Repealed)
   233.    (Repealed)
   234.    (Repealed)
   235.    Application of division
   236.    Definitions
   237.    Corporation’s exclusive rights
   238.    Approval of corporation’s control system
   239.    Approval of corporation’s regulated lottery equipment
   240.    Lotteries in progress and unclaimed prize money at commencement day
   241.    Continued operation for certain purposes of repealed Act
   242.    Key employees
   243.    Agency agreements
   244.    Agreements with foreign agencies
   245.    (Expired)
   246.    Re-enactment of Golden Casket Art Union Act 1978, s 22A

           Division 3 - Transitional provision for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999

   247.    Continuation of appeals

           Division 4 - Transitional provisions for Gambling Legislation Amendment Act 2004

   248.    Definitions for div 4
   249.    (Repealed)
   250.    Direction to rectify under pre-amended Act
   251.    (Repealed)

           Division 5 - Transitional provision for Community Ambulance Cover and Other Acts Amendment Act 2007

   252.    Payment of prizes—s 130

           Division 6 - Transitional provisions for Lotteries Amendment Act 2007

   253.    Definition for div 6
   254.    Approvals, key person licences, agreements and other documents continue unaffected
   255.    Requirements relating to taxes, fees, records and other matters
   256.    Payment of prizes

           Division 7 - Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

   257.    Continuation of offence under s 100
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3