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GAMBLING LEGISLATION AMENDMENT ACT 2008 No. 2 - SECT 13

13 Insertion of new pt 3, div 1A

Part 3, after section 22--

insert--

'(1) This section applies for the purpose of an eligible association entering into an agreement (a third party operator agreement) with another entity (a third party operator) for the third party operator to help the eligible association with any of the following matters in relation to an art union--

(a) the sale of tickets in the art union;
(b) receiving and banking money from the sale;
(c) accounting for the proceeds of the sale.

'(2) A third party operator agreement must--

(a) be in writing; and
(b) be signed by both the eligible association and the third party operator; and
(c) provide for the arrangements between the association and the operator relating to the art union; and
(d) state details of the help the operator will give the association.
Note--
Under section 46(f) and (g), a contravention of subsection (2) may be a relevant consideration in deciding whether an applicant for a licence is a suitable person to hold the licence.

'(3) Failure to comply with subsection (2) does not affect the validity of the agreement or its status as a third party operator agreement.

'(4) A third party operator who enters into a third party operator agreement with an eligible association is taken to be a business associate of the eligible association.

'(5) An eligible association that enters into a third party operator agreement continues to be responsible under this Act for the conduct of the art union to which the agreement relates.

'(6) An agreement between an eligible association and a person in the person's capacity as an employee of the association or a commission agent is not a third party operator agreement.

'(7) In this section--

commission agent, in relation to an eligible association, means an individual, other than an employee of the association, who receives payment for selling art union tickets on behalf of the association.

'(1) An eligible association must not enter into a third party operator agreement unless it has given the chief executive a copy of the proposed agreement at least 28 days before it enters into the agreement.

Maximum penalty--100 penalty units.

'(2) If the parties to the proposed agreement make a material change to the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed.

Maximum penalty--100 penalty units.

'(1) An eligible association that intends amending a third party operator agreement the association has entered into must, at least 28 days before the amending agreement is to take effect, give the chief executive a copy of the proposed agreement.

Maximum penalty--100 penalty units.

'(2) If the parties to the proposed amending agreement materially further change the agreement before it is entered into, the association must, as soon as practicable after the change is made, give the chief executive a copy of the proposed agreement as changed.

Maximum penalty--100 penalty units.

'An eligible association that enters into a third party operator agreement or an agreement amending a third party operator agreement must, as soon as practicable after entering into the agreement, give the chief executive a copy of the agreement.

Maximum penalty--100 penalty units.

'If a third party operator agreement is rescinded or otherwise comes to an end, the eligible association that is a party to the agreement must, as soon as practicable after the agreement ends, give the chief executive notice that the agreement has ended.

Maximum penalty--100 penalty units.'.



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