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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOTTERIES BILL 1997
Queensland
LOTTERIES BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--AUTHORISED LOTTERIES
Division 1--Basic concepts
4 Meaning of "gaming scheme" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 Meaning of "lottery" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Requirement to hold lottery licence
6 Requirement for lottery licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Foreign gaming schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8 Lawful activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Applications for, and issue of, lottery licences
9 Application for lottery licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Suitability of applicant to hold lottery licence . . . . . . . . . . . . . . . . . . . . . . . 16
13 Suitability of business and executive associates . . . . . . . . . . . . . . . . . . . . . 17
14 Investigations of suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
16 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 Form of lottery licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Changing conditions of lottery licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Return of licence for endorsement of changed conditions . . . . . . . . . . . . . . 19
2
Lotteries
20 Amendment of lottery licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4--General provisions about lottery licences
21 Lottery licence not to be transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Mortgage and assignment of lottery licence . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Surrender of lottery licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 5--Suspension and cancellation of lottery licences
24 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Copy of show cause notice to be given to interested persons . . . . . . . . . . . 23
27 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
28 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 Censuring lottery licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Directions to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Notice by the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Suspension, cancellation and appointment of administrator . . . . . . . . . . . . 26
33 Terms of appointment, and role, of administrator . . . . . . . . . . . . . . . . . . . . . 26
34 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 27
Division 6--Investigations into suitability
35 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Requirement to give information or document for investigation . . . . . . . . . 29
38 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
39 Decisions about lottery licence not to be justiciable . . . . . . . . . . . . . . . . . . 29
PART 3--KEY EMPLOYEES AND OPERATORS
Division 1--Requirement for key employees to be licensed
40 Meaning of "key employee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41 Obligation to hold licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Prohibition of employment of unlicensed persons as key employees . . . . . 31
Division 2--Key operators
43 Meaning of "key operator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 Requirement that key operator apply for licence or end role . . . . . . . . . . . . 32
45 Requirement that key operator end role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3
Lotteries
46 Requirement to end key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--Applications for, and issue of, key person licences
47 Application for key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
48 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Investigation of suitability of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
51 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 Form of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
53 Term of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
54 Lapsing of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
55 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Changing conditions of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Replacement of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58 Surrender of key person licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 4--Suspension and cancellation of key person licences
59 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
60 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
62 Censuring key person licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
63 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
64 Suspension and cancellation of key person licence . . . . . . . . . . . . . . . . . . . 41
65 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . . . . . . . 42
Division 5--Investigation of key person licensees
66 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
67 Investigations into suitability of key person licensees . . . . . . . . . . . . . . . . . 43
68 Requirement to give information or document for investigation . . . . . . . . . 43
69 Reports about criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 6--Requirements about employment
70 Notice of start of licensed employee's employment . . . . . . . . . . . . . . . . . . . 44
71 Returns about employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
72 Notice of end of licensed employee's employment . . . . . . . . . . . . . . . . . . . 45
73 Requirement to end licensed employee's employment . . . . . . . . . . . . . . . . 45
4
Lotteries
Division 7--Requirements about association with key operators
74 Notice to end key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
75 Requirement to end key operator's role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 8--General
76 False statements by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
77 Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 4--LOTTERY AGENTS
Division 1--Agency agreements
78 Meaning of "agency agreements" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
79 Conditions for entering into agency agreement . . . . . . . . . . . . . . . . . . . . . . . 48
80 Notice of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
81 Amendment of agency agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
82 Returns about agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 2--Terminating agency agreements
83 Grounds for termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
84 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
85 Suspending lottery agent's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
86 Censuring lottery agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
87 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
88 Directions to terminate affecting lottery agents . . . . . . . . . . . . . . . . . . . . . . 53
89 Termination of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
90 Notice of termination of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3--Investigations into suitability
91 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
92 Requirement to give information or material for investigation . . . . . . . . . . 55
93 Reports about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 5--LOTTERY TAX AND LICENCE FEE
94 Liability to tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
95 Liability to licence fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
96 Returns for calculation of lottery tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
97 Penalty for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
98 Recovery of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
5
Lotteries
99 Revenue offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 6--COMPLIANCE REQUIREMENTS
Division 1--Control systems
100 Lotteries to be conducted under an approved control system . . . . . . . . . . . 58
101 Control system submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
102 Control system (change) submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
103 Consideration of, and decisions about, submissions . . . . . . . . . . . . . . . . . . . 60
104 Direction to change approved system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--Lottery records
105 Notices about keeping lottery records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
106 Lottery records to be kept at certain place . . . . . . . . . . . . . . . . . . . . . . . . . . 62
107 Lottery records to be kept for required period . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3--Financial accounts, statements and reports
108 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
109 Preparation of financial statements and accounts . . . . . . . . . . . . . . . . . . . . . 63
110 Submission of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 4--Financial institutions accounts
111 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
112 Use of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 5--Audit
113 Audit of lottery licensee's operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
114 Completion of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
115 Further information following audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
PART 7--CONDUCT OF APPROVED LOTTERIES
Division 1--Ancillary and related agreements
116 Ancillary lottery agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
117 Approval of ancillary lottery agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
118 Review of related agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
119 Show cause notice for related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
120 Direction to terminate related agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2--Operations of lottery licensees and agents
121 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
6
Lotteries
122 General responsibilities of lottery licensee . . . . . . . . . . . . . . . . . . . . . . . . . . 69
123 Responsibility of licensee for acts of lottery agents . . . . . . . . . . . . . . . . . . . 70
124 Responsibility of lottery agent for agent's acts . . . . . . . . . . . . . . . . . . . . . . . 70
125 Places of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
126 Price of lottery tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 3--Official supervision
127 Official supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
128 Presence of inspector at certain operations . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 4--Prizes
129 Claims for prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
130 Payment of prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
131 Disposal of unclaimed prizes that are property . . . . . . . . . . . . . . . . . . . . . . . 73
132 Unclaimed prizes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
133 Approval of regulated lottery equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
134 Use of regulated lottery equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
135 Advertising lotteries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
136 Directions about advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
137 Inquiries about complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
138 Claims for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
139 Reporting improper behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 5--Lottery offences
140 Cheating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
141 Forgery and deception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
142 Impersonating certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
143 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
144 Participation in lotteries by lottery employees or lottery officials . . . . . . . 81
145 Key officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
146 Relationship of key officials with lottery licensees and agents . . . . . . . . . . 82
147 Relationship of key officials with prospective licensees . . . . . . . . . . . . . . . 82
148 Relationship of lottery licensees and agents with key officials . . . . . . . . . . 83
149 Participation by minors prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
150 Obscene etc. terms prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
7
Lotteries
151 Offences by certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
152 Lottery licensee not to publish identity of participant in certain cases . . . 85
PART 8--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
153 Persons who are inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
154 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
155 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
156 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
157 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 2--Powers of inspectors
Subdivision 1--Power to enter places
158 Entry without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
159 Entry with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Subdivision 2--Consents and warrants for entry
160 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
161 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
162 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
163 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
164 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
165 Evidence about special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 3--General powers
166 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
167 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
168 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
169 Role of police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Subdivision 4--Power to seize evidence
170 Seizing evidence at place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
171 Seizing evidence at places that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
172 Securing things after seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
173 Tampering with things subject to seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
174 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
8
Lotteries
175 Receipts to be given on seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
176 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
177 Return of things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
178 Access to things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 5--Power to give directions to stop using things
179 Direction to stop using thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
180 Requirements about stop directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
181 Failure to comply with stop direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Subdivision 6--Power to obtain information
182 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
183 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
184 Steps police officer may take for failure to give name and address . . . . . 100
185 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 100
186 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
187 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
188 Power to require attendance of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
189 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . 103
190 Power to require financial records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
191 Effect of compliance with financial records requirement . . . . . . . . . . . . . . 104
192 Failure to comply with financial records requirement . . . . . . . . . . . . . . . . 104
Division 3--Powers of Minister
193 Direction about management practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 4--General enforcement matters
194 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
195 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
196 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
197 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
198 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 5--General enforcement offences
199 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
200 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 108
201 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
9
Lotteries
202 Steps police officer may take against obstruction . . . . . . . . . . . . . . . . . . . 109
PART 9--LEGAL PROCEEDINGS
Division 1--Evidence
203 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
204 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
205 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
206 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 2--Proceedings
207 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
208 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
209 Limitation on who may summarily hear indictable offence proceedings . 113
210 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . 113
211 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 113
212 Executive officers must ensure corporation complies with Act . . . . . . . . . 114
213 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
PART 10--APPEALS
214 Appeals by lottery licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
215 Appeals by applicants for key person licences . . . . . . . . . . . . . . . . . . . . . . 115
216 Appeals by licensees under key person licences . . . . . . . . . . . . . . . . . . . . 116
217 Appeals by lottery agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
218 Appeals by other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
219 Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
220 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
221 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
222 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
223 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
224 Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 11--MISCELLANEOUS
225 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
226 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
227 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
228 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
10
Lotteries
PART 12--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS
Division 1--Repeals
229 Repeal of Lotteries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
230 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Division 2--Amendments
231 Amendment of Art Unions Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
232 Amendment of Casino Control Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
233 Amendment of Gaming Machine Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . 121
234 Amendment of Keno Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 3--Transitional provisions
235 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
236 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
237 Corporation's exclusive rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
238 Approval of corporation's control system . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
239 Approval of corporation's regulated lottery equipment . . . . . . . . . . . . . . . . 123
240 Lotteries in progress and unclaimed prize money at commencement
day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
241 Continued operation for certain purposes of repealed Act . . . . . . . . . . . . . 124
242 Key employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
243 Agency agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
244 Agreements with foreign agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
245 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
246 Re-enactment of Golden Casket Art Union Act 1978, s 22A . . . . . . . . . . . 125
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 127
DECISIONS NOT SUBJECT TO APPEAL
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 129
DECISIONS OF CHIEF EXECUTIVE SUBJECT TO APPEAL
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 131
DICTIONARY
1997
A BILL
FOR
An Act to regulate lotteries and for other purposes
s1 12 s3
Lotteries
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Lotteries Act 1997. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
dictionary 7
Definitions--the
3. The dictionary1 in schedule 3 defines particular words used in this Act. 8
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14.
Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition that only applies to the
section, or a part of the section, it is generally not signposted by an entry in the
dictionary. If this type of definition is set out in a separate subsection, the
subsection is generally the last subsection of the section.
Signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where these definitions can be found.
For example, the definition ` "agency agreement" see section 78' tells the
reader that the term "agency agreement" is defined in section 78.
s4 13 s6
Lotteries
PART 2--AUTHORISED LOTTERIES 1
1--Basic concepts 2
Division
of "gaming scheme" 3
Meaning
4. A "gaming scheme" is a game, scheme or arrangement in which the 4
winners of prizes are decided-- 5
(a) wholly or partly by chance; or 6
(b) by a competition or other activity of which the outcome is 7
dependent on fate or guessing. 8
of "lottery" 9
Meaning
5. A "lottery" is a gaming scheme classified under a rule as a lottery. 10
2--Requirement to hold lottery licence 11
Division
for lottery licence 12
Requirement
6.(1) A person must not conduct a lottery unless the person is authorised 13
to do so under a lottery licence. 14
Maximum penalty--200 penalty units or 2 years imprisonment. 15
(2) A person must not conduct a gaming scheme that is not a lottery if-- 16
(a) the gaming scheme may reasonably be confused with a lottery; or 17
(b) because of the scheme's similarity to a lottery, it may reasonably 18
be taken to be in direct competition with a lottery. 19
Maximum penalty--200 penalty units or 2 years imprisonment. 20
(3) Subsection (2) does not apply if the gaming scheme is conducted 21
under a Gaming Act. 22
(4) A person must not participate in a lottery, or a gaming scheme 23
mentioned in subsection (2), knowing the person who is conducting the 24
lottery or scheme is not authorised under this Act or a Gaming Act to 25
s7 14 s7
Lotteries
conduct the lottery or scheme. 1
Maximum penalty--40 penalty units. 2
(5) A person must not conduct a gaming scheme (other than an approved 3
lottery) under a name that-- 4
(a) is a name by which an approved lottery is conducted; or 5
(b) is likely to be confused with the name by which an approved 6
lottery is conducted; or 7
(c) includes a word-- 8
(i) contained in the name by which an approved lottery is 9
conducted; and 10
(ii) prescribed under a regulation. 11
Maximum penalty for subsection (5)--40 penalty units. 12
gaming schemes 13
Foreign
7.(1) Unless authorised by an approved arrangement, a person must 14
not-- 15
(a) sell or offer for sale, or cause to be sold or offered for sale, a 16
ticket in a gaming scheme conducted by a foreign agency; or 17
(b) accept or cause to be accepted, an amount for purchase of a ticket, 18
or submission of an entry form, for a gaming scheme conducted 19
by a foreign agency. 20
Maximum penalty--200 penalty units or 2 years imprisonment. 21
(2) Unless authorised by an approved arrangement, a person must not 22
publish or cause to be published an advertisement or notice that promotes, 23
is calculated to promote, or is likely to be taken as promoting, a gaming 24
scheme conducted by a foreign agency. 25
Maximum penalty--200 penalty units or 2 years imprisonment. 26
(3) In this section-- 27
"approved arrangement" means an arrangement, approved by the chief 28
executive in writing, under which a lottery licensee, by agreement with 29
a foreign agency that is conducting or proposes to conduct a gaming 30
s8 15 s 10
Lotteries
scheme, is to assume responsibility for the conduct of the gaming 1
scheme in Queensland. 2
activities 3
Lawful
8. Despite any other law, the following activities are lawful-- 4
(a) the conduct in accordance with this Act by a lottery licensee of a 5
lottery specified in the licence; 6
(b) activities of a lottery agent in accordance with this Act and the 7
relevant agency agreement; 8
(c) participation (including the purchase of a lottery ticket) in a lottery 9
conducted under a lottery licence; 10
(d) the use of approved lottery equipment by lottery licensees and 11
lottery agents; 12
(e) the doing of anything else required or authorised to be done under 13
this Act. 14
3--Applications for, and issue of, lottery licences 15
Division
for lottery licence 16
Application
9.(1) An application for a lottery licence must be made to the Minister in 17
the approved form. 18
(2) An application must be accompanied by any application fee 19
prescribed under a regulation. 20
(3) The Minister may, by written notice given to an applicant for a lottery 21
licence, require the applicant to give the Minister further information or a 22
document that is necessary and reasonable to help the Minister decide the 23
application. 24
of application 25
Consideration
10. The Minister must consider an application for a lottery licence and 26
either grant or refuse to grant the application. 27
s 11 16 s 12
Lotteries
for granting application 1
Conditions
11.(1) The Minister may grant an application for a lottery licence only if 2
the Minister is satisfied-- 3
(a) the applicant is a suitable person to hold a lottery licence; and 4
(b) each business or executive associate of the applicant is a suitable 5
person to be associated with a lottery licensee's operations. 6
(2) However, the Minister may refuse to grant an application even if the 7
Minister is satisfied of the matters mentioned in subsection (1). 8
of applicant to hold lottery licence 9
Suitability
12.(1) In deciding whether an applicant for a lottery licence is a suitable 10
person to hold a lottery licence, the Minister may have regard to the 11
following matters-- 12
(a) the applicant's character or business reputation; 13
(b) the applicant's current financial position and financial 14
background; 15
(c) if the applicant is not an individual--whether the applicant has, or 16
has arranged, a satisfactory ownership, trust or corporate 17
structure; 18
(d) whether the applicant has, or is able to obtain, appropriate 19
resources and appropriate services; 20
(e) whether the applicant has the appropriate business ability to 21
conduct lotteries successfully in accordance with a lottery licence; 22
(f) if the applicant has a business association with another entity-- 23
(i) the entity's character or business reputation; and 24
(ii) the entity's current financial position and financial 25
background; 26
(g) any other issues prescribed under a regulation. 27
(2) In subsection (1)-- 28
"appropriate resources" means financial resources the Minister considers 29
adequate to ensure the financial viability of operations conducted under 30
s 13 17 s 15
Lotteries
a lottery licence. 1
"appropriate services" means the services of persons who have 2
appropriate experience to ensure the proper and successful conduct of 3
lotteries. 4
of business and executive associates 5
Suitability
13. In deciding whether a business or executive associate of an applicant 6
for a lottery licence is a suitable person to be associated with a lottery 7
licensee's operations, the Minister may have regard to the following 8
matters-- 9
(a) the person's character or business reputation; 10
(b) the person's current financial position and financial background; 11
(c) if the person has a business association with another entity-- 12
(i) the entity's character or business reputation; and 13
(ii) the entity's current financial position and financial 14
background; 15
(d) any other matters prescribed under a regulation. 16
of suitability of persons 17
Investigations
14.(1) The chief executive may investigate an applicant for a lottery 18
licence to help the Minister decide whether the applicant is a suitable person 19
to hold a lottery licence. 20
(2) The chief executive may investigate a business or executive associate 21
of an applicant for a lottery licence to help the Minister decide whether the 22
business or executive associate is a suitable person to be associated with a 23
lottery licensee's operations. 24
on application 25
Decision
15.(1) If the Minister decides to grant an application for a lottery licence, 26
the Minister must promptly issue a lottery licence to the applicant. 27
(2) If the Minister decides to refuse to grant an application for a lottery 28
s 16 18 s 18
Lotteries
licence, the Minister must promptly give the applicant written notice of the 1
decision. 2
of licence 3
Conditions
16. The Minister may issue a lottery licence-- 4
(a) on conditions the Minister considers necessary or desirable for 5
the proper conduct of lotteries; and 6
(b) on other conditions the Minister considers necessary or desirable 7
in the public interest. 8
of lottery licence 9
Form
17.(1) A lottery licence must be in the approved form. 10
(2) The approved form must provide for the inclusion of the following 11
particulars-- 12
(a) the lottery licensee's name; 13
(b) the date of issue of the licence; 14
(c) the term for which the licence is (subject to this Act) to remain in 15
force; 16
(d) the lotteries to which the licence relates; 17
(e) the conditions of the licence; 18
(f) any other particulars prescribed under a regulation. 19
conditions of lottery licence 20
Changing
18.(1) The Minister may decide to change the conditions of a lottery 21
licence, if the Minister considers it is necessary or desirable to make the 22
change for the proper conduct of lotteries by the lottery licensee or 23
otherwise in the public interest. 24
(2) However, if a condition of a lottery licence is designated in the licence 25
as a condition that may be changed only by agreement between the Minister 26
and the lottery licensee, the condition may be changed only by agreement 27
between those persons. 28
s 19 19 s 21
Lotteries
(3) If the Minister decides to change conditions of a lottery licence under 1
this section, the Minister must promptly give the lottery licensee written 2
notice of the change (a "condition notice") and the reasons for the change. 3
(4) The power of the Minister under subsection (1) includes the power to 4
add conditions to an unconditional licence. 5
of licence for endorsement of changed conditions 6
Return
19.(1) The lottery licensee must return the lottery licence to the Minister 7
within 7 days of receiving the condition notice notifying a change of 8
conditions, unless the licensee has a reasonable excuse. 9
Maximum penalty--40 penalty units. 10
(2) On receiving the lottery licence, the Minister must-- 11
(a) amend the licence in an appropriate way and return the amended 12
licence to the lottery licensee; or 13
(b) if the Minister does not consider it is practicable to amend the 14
licence--issue a replacement licence, incorporating the changed 15
conditions, to the lottery licensee. 16
(3) A change of conditions takes effect when the condition notice 17
notifying the change is given to the lottery licensee and does not depend on 18
the lottery licence being amended to record the change or a replacement 19
licence being issued. 20
of lottery licence 21
Amendment
20.(1) The Minister may amend a lottery licence only with the written 22
approval of the lottery licensee. 23
(2) Subsection (1) does not limit section 18. 24
Division 4--General provisions about lottery licences 25
licence not to be transferable 26
Lottery
21.(1) A lottery licence cannot be transferred. 27
s 22 20 s 23
Lotteries
(2) However, if a lottery licence is mortgaged, charged or encumbered 1
with the written approval of the Minister, this section does not prevent the 2
transfer of the licence, subject to section 22, by way of enforcement of the 3
security. 4
and assignment of lottery licence 5
Mortgage
22.(1) A lottery licensee must not mortgage, charge or otherwise 6
encumber the licence except with the written approval of the Minister. 7
(2) If a person has a right to sell and transfer a lottery licence under or 8
because of a mortgage, charge or encumbrance, the licence may only be 9
sold and transferred to a person approved by the Minister. 10
(3) Before the Minister approves the transfer of a lottery licence under 11
this section, the Minister must be satisfied that-- 12
(a) the proposed transferee is a suitable person to hold a lottery 13
licence; and 14
(b) each business and executive associate of the proposed transferee 15
is a suitable person to be associated with a lottery licensee's 16
operations. 17
(4) The Minister may require the proposed transferee of the lottery 18
licence to submit an application for the licence and may deal with the 19
application, and investigate the suitability of the proposed transferee and the 20
proposed transferee's business and executive associates, in the same way as 21
if the application were an application for a new lottery licence. 22
(5) If a person has, under or because of, a mortgage, charge or 23
encumbrance, a power to appoint a receiver or manager of the business 24
conducted under a lottery licence, the power may only be exercised if the 25
Minister first approves the proposed receiver or manager in writing. 26
of lottery licence 27
Surrender
23.(1) A lottery licensee may surrender the lottery licence by written 28
notice given to the Minister. 29
(2) The surrender takes effect-- 30
(a) if paragraph (b) does not apply-- 31
s 24 21 s 24
Lotteries
(i) 3 months after the notice is given; or 1
(ii) if a later day of effect is stated in the notice--on the later day; 2
or 3
(b) if the Minister, by written notice, approves a day of effect that is 4
earlier than 3 months after the notice is given--on the day of 5
effect approved by the Minister. 6
Division 5--Suspension and cancellation of lottery licences 7
for suspension or cancellation 8
Grounds
24.(1) Each of the following is a ground for suspending or cancelling a 9
lottery licence-- 10
(a) the lottery licensee is not, or is no longer, a suitable person to hold 11
a lottery licence; 12
(b) a business or executive associate of the lottery licensee is not, or 13
is no longer, a suitable person to be associated with a lottery 14
licensee's operations; 15
(c) the lottery licensee has been convicted of an offence against this 16
Act or a Gaming Act; 17
(d) the lottery licensee has been convicted of an indictable offence; 18
(e) the lottery licensee has contravened a condition of the lottery 19
licence; 20
(f) the lottery licensee has contravened a provision of this Act (being 21
a provision a contravention of which does not constitute an 22
offence against this Act); 23
(g) the lottery licensee has failed to discharge the licensee's financial 24
commitments for the licensee's operations; 25
(h) the lottery licensee is bankrupt, has compounded with creditors or 26
otherwise taken, or applied to take, advantage of any law about 27
bankruptcy; 28
(i) the lottery licensee is affected by control action under the 29
Corporations Law; 30
s 25 22 s 25
Lotteries
(j) the lottery licence was issued because of a materially false or 1
misleading representation or declaration. 2
(2) For forming the belief that the ground mentioned in subsection (1)(a) 3
exists, the Minister may have regard to the same matters to which the 4
Minister may have regard in deciding whether an applicant is a suitable 5
person to hold a lottery licence. 6
(3) For forming the belief that the ground mentioned in subsection (1)(b) 7
exists, the Minister may have regard to the same matters to which the 8
Minister may have regard in deciding whether a business or executive 9
associate of an applicant is a suitable person to be associated with a lottery 10
licensee's operations. 11
(4) For subsection (1)(i), a lottery licensee is affected by control action 12
under the Corporations Law if the licensee-- 13
(a) has executed a deed of company arrangement under the Law; or 14
(b) is the subject of a winding-up (whether voluntarily or under a 15
court order) under the Law; or 16
(c) is the subject of an appointment of an administrator, liquidator, 17
receiver or receiver and manager under the Law. 18
cause notice 19
Show
25.(1) This section applies if the Minister believes-- 20
(a) a ground exists to suspend or cancel a lottery licence; and 21
(b) the act, omission or other thing constituting the ground is of a 22
serious and fundamental nature; and 23
(c) either-- 24
(i) the integrity of the conduct of lotteries by the lottery licensee 25
may be jeopardised in a material way; or 26
(ii) the public interest may be affected in an adverse and material 27
way. 28
(2) The Minister must give the lottery licensee a written notice (a "show 29
cause notice") that-- 30
(a) states the action (the "proposed action") the Minister proposes 31
s 26 23 s 26
Lotteries
taking under this division; and 1
(b) states the grounds for the proposed action; and 2
(c) outlines the facts and circumstances forming the basis for the 3
grounds; and 4
(d) if the proposed action is suspension of the lottery licence--states 5
the proposed suspension period; and 6
(e) invites the lottery licensee to show within a stated period (the 7
"show cause period") why the proposed action should not be 8
taken. 9
(3) The show cause period must be a period ending at least 21 days after 10
the show cause notice is given to the lottery licensee. 11
of show cause notice to be given to interested persons 12
Copy
26.(1) The Minister must promptly give a copy of the show cause notice 13
to each person (an "interested person") the Minister believes has an 14
interest in the lottery licence if the Minister considers-- 15
(a) the person's interest may be affected adversely by the suspension 16
or cancellation of the licence; and 17
(b) it is otherwise appropriate in the circumstances to give the copy of 18
the notice to the person. 19
(2) In considering whether it is appropriate to give a copy of the show 20
cause notice to an interested person, the issues to which the Minister may 21
have regard include the following-- 22
(a) the nature of the interested person's interest; 23
(b) whether the lottery licensee's interest may be improperly 24
prejudiced. 25
(3) An interested person to whom a copy of the show cause notice is 26
given may make representations about the notice to the Minister in the show 27
cause period. 28
s 27 24 s 29
Lotteries
of representations 1
Consideration
27. The Minister must consider all written representations (the "accepted 2
representations") made during the show cause period by-- 3
(a) the lottery licensee; or 4
(b) any interested person to whom a copy of the show cause notice is 5
given. 6
suspension 7
Immediate
28.(1) The Minister may suspend a lottery licence immediately if the 8
Minister believes-- 9
(a) a ground exists to suspend or cancel the lottery licence; and 10
(b) the circumstances are so extraordinary that it is imperative to 11
suspend the licence immediately to ensure-- 12
(i) the public interest is not affected in an adverse and material 13
way; or 14
(ii) the integrity of the conduct of lotteries by the lottery licensee 15
is not jeopardised in a material way. 16
(2) The suspension-- 17
(a) must be effected by written notice (a "suspension notice") given 18
to the lottery licensee with a show cause notice; and 19
(b) operates immediately the suspension notice is given; and 20
(c) continues to operate until the show cause notice is finally dealt 21
with. 22
lottery licensee 23
Censuring
29.(1) This section applies if the Minister-- 24
(a) believes a ground exists to suspend or cancel a lottery licence; but 25
(b) does not believe the giving of a show cause notice to the lottery 26
licensee is warranted. 27
(2) This section also applies if, after considering the accepted 28
representations for the show cause notice, the Minister-- 29
s 30 25 s 31
Lotteries
(a) still believes a ground exists to suspend or cancel the lottery 1
licence; but 2
(b) does not believe suspension or cancellation of the lottery licence is 3
warranted. 4
(3) The Minister may, by written notice given to the lottery licensee, 5
censure the licensee for a matter relating to the ground for suspension or 6
cancellation. 7
to rectify 8
Directions
30.(1) This section applies if, after considering the accepted 9
representations for the show cause notice, the Minister-- 10
(a) still believes a ground exists to suspend or cancel the lottery 11
licence; but 12
(b) considers a matter relating to the ground for suspension or 13
cancellation is capable of being rectified and that it is appropriate 14
to give the lottery licensee an opportunity to rectify the matter. 15
(2) The Minister may, by written notice given to the lottery licensee, 16
direct the licensee to rectify the matter within the period stated in the notice. 17
(3) The period stated must be reasonable, having regard to the nature of 18
the matter to be rectified. 19
by the Minister 20
Notice
31.(1) This section applies if, after considering the accepted 21
representations for the show cause notice, the Minister still believes-- 22
(a) a ground exists to suspend or cancel the lottery licence; and 23
(b) the act, omission or other thing constituting the ground is of a 24
serious and fundamental nature; and 25
(c) either-- 26
(i) the integrity of the conduct of lotteries by the lottery licensee 27
may be jeopardised in a material way; or 28
(ii) the public interest may be affected in an adverse and material 29
way. 30
s 32 26 s 33
Lotteries
(2) This section also applies if the lottery licensee fails to comply with a 1
direction to rectify a matter within the period stated in the relevant notice. 2
(3) The Minister must forward to the Governor in Council-- 3
(a) written notice of the Minister's belief or of the lottery licensee's 4
failure to comply with the direction; and 5
(b) copies of the accepted representations for the show cause notice. 6
cancellation and appointment of administrator 7
Suspension,
32.(1) After receiving the notice from the Minister under section 31, the 8
Governor in Council may-- 9
(a) if the proposed action stated in the show cause notice was to 10
suspend the lottery licence for a stated period--suspend the 11
licence for not longer than the stated period; or 12
(b) if the proposed action stated in the show cause notice was to 13
cancel the lottery licence-- 14
(i) suspend the licence for a period; or 15
(ii) cancel the licence; or 16
(iii) appoint an administrator to conduct the operations of the 17
lottery licensee under the licence. 18
(2) The Minister must promptly give written notice of the decision of the 19
Governor in Council to the lottery licensee. 20
(3) The decision takes effect on-- 21
(a) the day the notice is given to the lottery licensee; or 22
(b) if a later day of effect is stated in the notice--the later day. 23
of appointment, and role, of administrator 24
Terms
33.(1) This section applies to an administrator appointed by the Governor 25
in Council to conduct operations under a lottery licence. 26
(2) For any matter not provided for under this Act, the administrator 27
holds office on terms decided by the Governor in Council. 28
(3) The administrator-- 29
s 34 27 s 35
Lotteries
(a) has full control of, and responsibility for, the operations of the 1
lottery licensee conducted under the lottery licence (including 2
lotteries that had been commenced but not completed as at the 3
time of the administrator's appointment); and 4
(b) subject to any directions by the Minister, must conduct the 5
operations in accordance with this Act as if the administrator were 6
the lottery licensee. 7
(4) The costs of and incidental to the conduct and administration of a 8
lottery licensee's operations by an administrator under this section (the 9
"costs of administration") are payable by the licensee. 10
(5) Any profits derived from the conduct of the lottery licensee's 11
operations by the administrator are, after payment of the costs of 12
administration, to be paid to the lottery licensee. 13
or reduction of period of suspension 14
Cancellation
34.(1) At any time the suspension of a lottery licence is in force, the 15
Governor in Council may-- 16
(a) cancel the remaining period of suspension; or 17
(b) reduce the remaining period of suspension by a stated period. 18
(2) The Minister must promptly give written notice of the decision of the 19
Governor in Council to the lottery licensee. 20
Division 6--Investigations into suitability 21
program 22
Audit
35.(1) The Minister may approve an audit program for investigating 23
lottery licensees, or business or executive associates of lottery licensees. 24
(2) The chief executive is responsible for ensuring that investigations 25
under an approved audit program are conducted in accordance with the 26
program. 27
(3) A person may be investigated under an audit program only if there 28
s 36 28 s 36
Lotteries
has not been an investigation of the same person within the preceding 1
2 years. 2
3
Investigations
36.(1) The chief executive may investigate a lottery licensee to help the 4
Minister decide whether the person is a suitable person to hold, or to 5
continue to hold, a lottery licence. 6
(2) The chief executive may investigate a business or executive associate 7
of a lottery licensee to help the Minister to decide whether the person is, or 8
continues to be, a suitable person to be associated with a lottery licensee's 9
operations. 10
(3) However, the chief executive may investigate a lottery licensee only 11
if-- 12
(a) the Minister reasonably suspects the lottery licensee is not, or is 13
no longer, a suitable person to hold a lottery licence; or 14
(b) the investigation is made under an audit program for lottery 15
licensees approved by the Minister. 16
(4) Also, the chief executive may investigate a business or executive 17
associate of a lottery licensee only if-- 18
(a) the Minister reasonably suspects the person is not, or is no 19
longer, a suitable person to be associated with a lottery licensee's 20
operations; or 21
(b) the investigation is made under an audit program for business and 22
executive associates of lottery licensees approved by the Minister; 23
or 24
(c) the person-- 25
(i) became a business or executive associate of the lottery 26
licensee after the issue of the lottery licence; and 27
(ii) has not been investigated previously under an audit program 28
mentioned in paragraph (b). 29
s 37 29 s 39
Lotteries
to give information or document for investigation 1
Requirement
37.(1) In investigating a lottery licensee, or a business or executive 2
associate of a lottery licensee, the chief executive may, by written notice 3
given to the person, require the person to give the chief executive 4
information or a document the chief executive considers relevant to the 5
investigation. 6
(2) When making the requirement, the chief executive must warn the 7
person it is an offence to fail to comply with the requirement, unless the 8
person has a reasonable excuse. 9
(3) The person must comply with the requirement, unless the person has 10
a reasonable excuse. 11
Maximum penalty--200 penalty units or 2 years imprisonment. 12
(4) It is a reasonable excuse for the person not to comply with the 13
requirement if complying with the requirement might tend to incriminate 14
the person. 15
(5) The person does not commit an offence against this section if the 16
information or document sought by the chief executive is not in fact relevant 17
to the investigation. 18
about person's criminal history 19
Reports
38.(1) If the chief executive, in making an investigation about a person 20
under section 14 or 36 2 asks the commissioner of the police service for a 21
written report about the person's criminal history, the commissioner must 22
give the report to the chief executive. 23
(2) However, the report is required to contain only criminal history in the 24
commissioner's possession or to which the commissioner has access. 25
about lottery licence not to be justiciable 26
Decisions
39.(1) A decision of the Governor in Council or Minister made, or 27
appearing to be made, under this Act about a lottery licence, or person with 28
an interest or potential interest in a lottery licence-- 29
2 Section 14 (Investigations of suitability of persons) or 36 (Investigations)
s 40 30 s 40
Lotteries
(a) is final and conclusive; and 1
(b) cannot be challenged, appealed against, reviewed, quashed, set 2
aside, or called in question in another way, under the Judicial 3
Review Act 1991 or otherwise (whether by the Supreme Court, 4
another court, a tribunal or another entity); and 5
(c) is not subject to any writ or order of the Supreme Court, another 6
court, a tribunal or another entity on any ground. 7
(2) The decisions to which subsection (1) applies include, but are not 8
limited to-- 9
(a) a decision of the Governor in Council mentioned in schedule 1, 10
part 1; and 11
(b) a decision of the Minister mentioned in schedule 1, part 2. 12
(3) In this section-- 13
"decision" includes-- 14
(a) conduct engaged in to make a decision; and 15
(b) conduct related to making a decision; and 16
(c) failure to make a decision. 17
ART 3--KEY EMPLOYEES AND OPERATORS 18
P
1--Requirement for key employees to be licensed 19
Division
of "key employee" 20
Meaning
40.(1) A lottery employee is a "key employee" if the employee-- 21
(a) occupies or acts in a managerial position, or carries out 22
managerial functions, in relation to the conduct of a lottery; or 23
(b) is in a position to affect or significantly influence the operations 24
conducted under the lottery licence; or 25
(c) occupies or acts in a position designated in the lottery licensee's 26
s 41 31 s 43
Lotteries
approved control system as a key position. 1
(2) Subsection (1)(a) and (b) applies to a position only if the position is 2
designated by the chief executive by written notice given to the lottery 3
licensee as a key position. 4
(3) Subsection (1)(a) applies to functions only if the functions are 5
designated by the chief executive by written notice given to the lottery 6
licensee as key functions. 7
to hold licence 8
Obligation
41. A person must not occupy or act in the position of a key employee, 9
or carry out the functions of a key employee, in relation to the conduct of a 10
lottery unless the person is a licensed employee. 11
Maximum penalty--40 penalty units. 12
of employment of unlicensed persons as key employees 13
Prohibition
42. A lottery licensee must not employ a person as a key employee, or to 14
carry out the functions of a key employee, unless the person is a licensed 15
employee. 16
Maximum penalty--40 penalty units. 17
2--Key operators 18
Division
of "key operator" 19
Meaning
43. A "key operator" is a person (other than a lottery employee) who-- 20
(a) is in a position to control or exercise significant influence over the 21
conduct of a lottery licensee's operations; or 22
(b) is associated with a lottery licensee in a way that enables the 23
person to control or exercise significant influence over the 24
conduct of a lottery licensee's operations; or 25
(c) occupies a position or has an association with a lottery licensee of 26
a kind that makes the person a key operator under criteria 27
prescribed under a regulation. 28
s 44 32 s 46
Lotteries
that key operator apply for licence or end role 1
Requirement
44.(1) If the chief executive reasonably believes a person is a key 2
operator, the chief executive may, by written notice given to the person, 3
require the person either to apply to be licensed as a key operator under a 4
key person licence, or to stop being a key operator, within 7 days of 5
receiving the notice. 6
(2) The person must comply with the requirement (the "key operator's 7
requirement") within 7 days of receiving the notice, unless the person has 8
a reasonable excuse. 9
Maximum penalty--100 penalty units or 1 year's imprisonment. 10
(3) The chief executive must give a copy of the notice to the relevant 11
lottery licensee. 12
that key operator end role 13
Requirement
45.(1) If the chief executive refuses to approve an application for a key 14
person licence made by a person of whom a key operator's requirement is 15
made, the chief executive may, by written notice given to the person, require 16
the person to stop being a key operator of the lottery licensee within the time 17
stated in the notice. 18
(2) The person must comply with the requirement within the time stated 19
in the notice, unless the person has a reasonable excuse. 20
Maximum penalty--100 penalty units or 1 year's imprisonment. 21
(3) A person does not incur any liability as a result of action taken to 22
comply with a notice under this section. 23
to end key operator's role 24
Requirement
46.(1) This section applies if a key operator's requirement is made of a 25
person and-- 26
(a) the person fails to comply with the requirement; or 27
(b) the chief executive refuses to approve an application for a key 28
person licence made by the person. 29
(2) The chief executive may, by written notice given to the lottery 30
s 47 33 s 48
Lotteries
licensee for whom the person is a key operator, require the licensee to take 1
any necessary action to ensure that the person ceases to be a key operator 2
within the time stated in the notice. 3
(3) The lottery licensee must comply with the requirement. 4
(4) This section applies to a lottery licensee despite another Act or law. 5
(5) A lottery licensee does not incur any liability because of action taken 6
to comply with a notice under this section. 7
Division 3--Applications for, and issue of, key person licences 8
for key person licence 9
Application
47.(1) An application for a key person licence must be made to the chief 10
executive in the approved form. 11
(2) The application must be accompanied by-- 12
(a) if the applicant applies to be licensed as an employee--a letter 13
from a lottery licensee addressed to the chief executive stating that 14
the licensee intends to employ the applicant as a key employee 15
subject to the applicant being issued with a key person licence; 16
and 17
(b) any documents prescribed under a regulation; and 18
(c) the application fee prescribed under a regulation. 19
(3) The chief executive may, by written notice given to an applicant for a 20
key person licence, require the applicant to give the chief executive further 21
information or a document that is necessary and reasonable to help the chief 22
executive decide the application. 23
of application 24
Consideration
48.(1) The chief executive must consider an application for a key person 25
licence and either grant or refuse to grant the application. 26
(2) Despite subsection (1), the chief executive is required to consider an 27
application only if the applicant agrees to having the applicant's photograph 28
and fingerprints taken. 29
s 49 34 s 51
Lotteries
for granting application 1
Conditions
49.(1) The chief executive may grant an application for a key person 2
licence only if-- 3
(a) the applicant's photograph and fingerprints have been taken; and 4
(b) the chief executive is satisfied the applicant is a suitable person to 5
hold a key person licence. 6
(2) In deciding whether the applicant is a suitable person to hold a key 7
person licence, the chief executive may have regard to the following 8
matters-- 9
(a) the applicant's character; 10
(b) the applicant's current financial position and financial 11
background; 12
(c) the applicant's general suitability to carry out functions as a key 13
employee or to be a key operator for a lottery licensee. 14
of suitability of applicant 15
Investigation
50. The chief executive may investigate an applicant for a key person 16
licence to help the chief executive decide whether the applicant is a suitable 17
person to hold a key person licence. 18
on application 19
Decision
51.(1) If the chief executive decides to grant an application for a key 20
person licence, the chief executive must promptly-- 21
(a) issue a key person licence to the applicant; and 22
(b) give written notice of the grant of the licence to the relevant lottery 23
licensee. 24
(2) If the chief executive decides to refuse to grant an application for a 25
key person licence, the chief executive must promptly-- 26
(a) give the applicant an information notice about the decision; and 27
(b) give a copy of the notice to the relevant lottery licensee. 28
s 52 35 s 55
Lotteries
of key person licence 1
Form
52.(1) A key person licence must be in the approved form. 2
(2) The approved form must provide for the inclusion of the following 3
particulars-- 4
(a) the key person licensee's name; 5
(b) a recent photograph of the licensee; 6
(c) the date of issue of the licence; 7
(d) whether the licensee is a licensed employee or licensed as a key 8
operator; 9
(e) the conditions of the licence; 10
(f) other particulars prescribed under a regulation. 11
of key person licence 12
Term
53. A key person licence remains in force unless it lapses or is cancelled 13
or surrendered. 14
of key person licence 15
Lapsing
54.(1) A key person licence lapses if the key person licensee is a licensed 16
employee and-- 17
(a) at the end of 1 year after the licence was issued, the licensee has 18
not been employed (as a key employee or in any other capacity) 19
by a lottery licensee; or 20
(b) the licensee ceases to be employed by a lottery licensee and is not 21
re-employed by the same or another lottery licensee within the 22
following 3 months. 23
(2) A key person licence lapses if the person licensed is licensed as a key 24
operator and ceases to be a key operator. 25
26
Conditions
55.(1) The chief executive may issue a key person licence-- 27
s 56 36 s 56
Lotteries
(a) on conditions the chief executive considers necessary or desirable 1
for the proper conduct of lotteries; and 2
(b) on other conditions the chief executive considers necessary or 3
desirable in the public interest. 4
(2) If the chief executive decides to issue a key person licence on 5
conditions, the chief executive must promptly-- 6
(a) give the applicant an information notice about the decision; and 7
(b) give a copy of the notice to the relevant lottery licensee. 8
conditions of key person licence 9
Changing
56.(1) The chief executive may decide to change the conditions of a key 10
person licence if the chief executive considers it necessary or desirable to 11
make the change for the proper conduct of lotteries or otherwise in the 12
public interest. 13
(2) If the chief executive decides to change the conditions of a key person 14
licence, the chief executive must promptly-- 15
(a) give the key person licensee an information notice about the 16
decision; and 17
(b) if the chief executive believes the key person licensee is currently 18
an employee or key operator of a lottery licensee--give the lottery 19
licensee a copy of the information notice. 20
(3) The key person licensee must return the licence to the chief executive 21
within 7 days of receiving the information notice, unless the licensee has a 22
reasonable excuse. 23
Maximum penalty--40 penalty units. 24
(4) On receiving the licence, the chief executive must-- 25
(a) amend the licence in an appropriate way and return the amended 26
licence to the key person licensee; or 27
(b) if the chief executive does not consider it practicable to amend the 28
licence--issue another key person licence, incorporating the 29
changed conditions, to the key person licensee to replace the 30
licence returned to the chief executive. 31
s 57 37 s 58
Lotteries
(5) The change of conditions takes effect when the information notice is 1
given to the key person licensee and does not depend on the licence being 2
amended to record the change or a replacement licence being issued. 3
(6) The power of the chief executive under subsection (1) includes the 4
power to add conditions to an unconditional licence. 5
of key person licence 6
Replacement
57.(1) A key person licensee may apply to the chief executive for the 7
replacement of the licensee's licence if it has been lost, stolen, destroyed or 8
damaged. 9
(2) The chief executive must consider an application and either grant or 10
refuse to grant the application. 11
(3) The chief executive must grant the application if the chief executive is 12
satisfied the licence has been lost, stolen or destroyed, or damaged in a way 13
to require its replacement. 14
(4) If the chief executive decides to grant an application, the chief 15
executive must, on payment of the fee prescribed under a regulation, issue 16
another key person licence to the applicant to replace the lost, stolen, 17
destroyed or damaged licence. 18
(5) If the chief executive decides to refuse to grant an application, the 19
chief executive must promptly-- 20
(a) give the key person licensee an information notice about the 21
decision; and 22
(b) if the chief executive believes the key person licensee is currently 23
an employee or a key operator of a lottery licensee--give the 24
lottery licensee a copy of the information notice. 25
of key person licence 26
Surrender
58.(1) A key person licensee may surrender the licence by written notice 27
given to the chief executive. 28
(2) The surrender takes effect on-- 29
(a) the day the notice is given to the chief executive; or 30
s 59 38 s 60
Lotteries
(b) if a later day of effect is stated in the notice--the later day. 1
(3) If the chief executive believes the key person licensee was at the time 2
of the surrender an employee or a key operator of a lottery licensee, the 3
chief executive must promptly give notice of the surrender to the lottery 4
licensee. 5
4--Suspension and cancellation of key person licences 6
Division
for suspension or cancellation 7
Grounds
59.(1) Each of the following is a ground for suspending or cancelling the 8
key person licence of a key person licensee-- 9
(a) the licensee is not, or is no longer, a suitable person to hold a key 10
person licence; 11
(b) the licensee has been convicted of an offence against this Act or a 12
Gaming Act; 13
(c) the licensee has been convicted of an indictable offence; 14
(d) the licensee has contravened a condition of the licence; 15
(e) the licensee has contravened a provision of this Act (being a 16
provision a contravention of which does not constitute an offence 17
against this Act); 18
(f) the licence was issued because of a materially false or misleading 19
representation or declaration. 20
(2) For forming a belief that the ground mentioned in subsection (1)(a) 21
exists, the chief executive may have regard to the same matters to which the 22
chief executive may have regard in deciding whether an applicant for a key 23
person licence is a suitable person to hold a key person licence. 24
cause notice 25
Show
60.(1) If the chief executive believes a ground exists to suspend or cancel 26
a key person licence, the chief executive must give the key person licensee a 27
written notice under this section (a "show cause notice"). 28
(2) The show cause notice must-- 29
s 61 39 s 61
Lotteries
(a) state the action (the "proposed action") the chief executive 1
proposes taking under this division; and 2
(b) state the grounds for the proposed action; and 3
(c) outline the facts and circumstances forming the basis for the 4
grounds; and 5
(d) if the proposed action is suspension of the licence--state the 6
proposed suspension period; and 7
(e) invite the key person licensee to show within a stated period (the 8
"show cause period") why the proposed action should not be 9
taken. 10
(3) The show cause period must be a period ending not less than 21 days 11
after the show cause notice is given to the key person licensee. 12
(4) If the chief executive believes the key person licensee is an employee 13
or key operator of a lottery licensee-- 14
(a) the chief executive must promptly give a copy of the show cause 15
notice to the lottery licensee; and 16
(b) the lottery licensee may make representations about the notice to 17
the chief executive in the show cause period. 18
(5) The chief executive must consider all written representations (the 19
"accepted representations") made during the show cause period by-- 20
(a) the key person licensee; or 21
(b) a lottery licensee to whom a copy of the show cause notice is 22
given. 23
suspension 24
Immediate
61.(1) The chief executive may suspend a key person licence 25
immediately if the chief executive believes-- 26
(a) a ground exists to suspend or cancel the licence; and 27
(b) it is necessary to suspend the licence immediately-- 28
(i) in the public interest; or 29
(ii) to ensure the integrity of the conduct of lotteries is not 30
s 62 40 s 63
Lotteries
jeopardised. 1
(2) The suspension-- 2
(a) must be effected by written notice (a "suspension notice") given 3
to the key person licensee with a show cause notice; and 4
(b) operates immediately the suspension notice is given; and 5
(c) continues to operate until the show cause notice is finally dealt 6
with. 7
(3) The suspension notice must state the reason for the decision to 8
suspend the key person licence immediately. 9
(4) If the chief executive believes the key person licensee is currently an 10
employee or key operator of a lottery licensee, the chief executive must 11
promptly give a copy of the suspension notice to the lottery licensee. 12
key person licensee 13
Censuring
62.(1) This section applies if, after considering the accepted 14
representation for the show cause notice, the chief executive-- 15
(a) still believes a ground exists to suspend or cancel the key person 16
licence; but 17
(b) does not believe that suspension or cancellation of the licence is 18
warranted. 19
(2) The chief executive may, by written notice given to the key person 20
licensee, censure the licensee for a matter relating to the ground for 21
suspension or cancellation. 22
(3) The notice must state the reason for the decision to censure the key 23
person licensee. 24
(4) If the chief executive believes the key person licensee is currently an 25
employee or key operator of a lottery licensee, the chief executive must 26
promptly give a copy of the notice to the lottery licensee. 27
to rectify 28
Direction
63.(1) This section applies if, after considering the accepted 29
representations for the show cause notice, the chief executive-- 30
s 64 41 s 64
Lotteries
(a) still believes a ground exists to suspend or cancel the key person 1
licence; but 2
(b) considers the matter relating to the ground for suspension or 3
cancellation is capable of being rectified and that it is appropriate 4
to give the key person licensee an opportunity to rectify the 5
matter. 6
(2) The chief executive may, by written notice given to the key person 7
licensee, direct the licensee to rectify the matter within the period stated in 8
the notice. 9
(3) The notice must state the reason for the decision to give the direction. 10
(4) The period stated in the notice must be reasonable, having regard to 11
the nature of the matter to be rectified. 12
(5) If the chief executive believes the key person licensee is currently an 13
employee or key operator of a lottery licensee, the chief executive must 14
promptly give a copy of the notice to the lottery licensee. 15
and cancellation of key person licence 16
Suspension
64.(1) This section applies if, after considering the accepted 17
representations for the show cause notice, the chief executive-- 18
(a) still believes a ground exists to suspend or cancel the key person 19
licence; and 20
(b) believes suspension or cancellation of the licence is warranted. 21
(2) This section also applies if the key person licensee fails to comply 22
with a direction to rectify a matter within the period stated in the relevant 23
notice. 24
(3) The chief executive may-- 25
(a) if the proposed action stated in the show cause notice was to 26
suspend the key person licence for a stated period--suspend the 27
licence for not longer than the stated period; or 28
(b) if the proposed action stated in the show cause notice was to 29
cancel the key person licence--either cancel the licence or 30
suspend it for a period. 31
(4) The chief executive must promptly-- 32
s 65 42 s 66
Lotteries
(a) give an information notice about the decision to the key person 1
licensee; and 2
(b) if the chief executive believes the key person licensee is currently 3
an employee or a key operator of a lottery licensee--give a copy 4
of the information notice to the lottery licensee. 5
(5) The decision takes effect on-- 6
(a) the day the information notice is given to the key person licensee; 7
or 8
(b) if a later day of effect is stated in the information notice--the later 9
day. 10
or reduction of period of suspension 11
Cancellation
65.(1) At any time the suspension of a key person licence is in force, the 12
chief executive may-- 13
(a) cancel the remaining period of suspension; or 14
(b) reduce the remaining period of suspension by a stated period. 15
(2) The chief executive may cancel or reduce the period only if the chief 16
executive considers it appropriate to take the action. 17
(3) The chief executive must promptly give written notice of the decision 18
to-- 19
(a) the key person licensee; and 20
(b) if the chief executive believed the key person licensee was an 21
employee or a key operator of a lottery licensee when the key 22
person licence was suspended--the lottery licensee. 23
Division 5--Investigation of key person licensees 24
program 25
Audit
66.(1) The chief executive may approve an audit program for 26
investigating key person licensees. 27
(2) The chief executive is responsible for ensuring that investigations of 28
s 67 43 s 68
Lotteries
key person licensees are conducted under an approved audit program in 1
accordance with the program. 2
(3) A person may be investigated under an audit program only if there 3
has not been an investigation of the same person within the preceding 4
2 years. 5
into suitability of key person licensees 6
Investigations
67.(1) The chief executive may investigate a key person licensee to help 7
the chief executive decide whether the licensee is a suitable person to hold, 8
or to continue to hold, a key person licence. 9
(2) However, the chief executive may investigate a key person licensee 10
under this section only if-- 11
(a) the chief executive reasonably suspects the licensee is not, or is no 12
longer, a suitable person to hold a key person licence; or 13
(b) the investigation is made under an audit program for key person 14
licensees approved by the chief executive. 15
to give information or document for investigation 16
Requirement
68.(1) In investigating a key person licensee, the chief executive may, by 17
written notice given to the licensee, require the licensee to give the chief 18
executive information or a document the chief executive considers relevant 19
to the investigation. 20
(2) When making the requirement, the chief executive must warn the key 21
person licensee that it is an offence to fail to comply with the requirement, 22
unless the licensee has a reasonable excuse. 23
(3) The key person licensee must comply with the requirement, unless 24
the licensee has a reasonable excuse. 25
Maximum penalty--200 penalty units or 2 years imprisonment. 26
(4) It is a reasonable excuse if complying with the requirement might 27
tend to incriminate the key person licensee. 28
(5) The key person licensee does not commit an offence against this 29
section if the information or material sought by the chief executive is not in 30
fact relevant to the investigation. 31
s 69 44 s 71
Lotteries
about criminal history 1
Reports
69.(1) If the chief executive, in making an investigation under section 50 2
or 67 3 into the suitability of a person to hold, or to continue to hold, a key 3
person licence, asks the commissioner of the police service for a written 4
report on the person's criminal history, the commissioner must give the 5
report to the chief executive. 6
(2) However, the report is required to contain only criminal history in the 7
commissioner's possession or to which the commissioner has access. 8
Division 6--Requirements about employment 9
of start of licensed employee's employment 10
Notice
70. Within 7 days after a licensed employee starts employment with a 11
lottery licensee, the lottery licensee must notify the chief executive of the 12
start of the employment by notice in the approved form. 13
Maximum penalty--40 penalty units. 14
about employees 15
Returns
71.(1) The chief executive may, by written notice given to a lottery 16
licensee, require the licensee to give a return under this section. 17
(2) The notice must state the time (not less than 14 days after the notice is 18
given) for giving the return. 19
(3) A notice must not be given under this section within 1 month after 20
the giving of a previous notice. 21
(4) If a lottery licensee is given a notice under subsection (1), the licensee 22
must give a return as required by this section listing the licensed and 23
unlicensed employees currently employed by the licensee and the nature of 24
the duties in which each of them is engaged. 25
Maximum penalty--40 penalty units. 26
3 Section 50 (Investigation of suitability of applicant) and 67 (Investigations into
suitability of key person licensees)
s 72 45 s 73
Lotteries
(5) The return must-- 1
(a) be in the approved form; and 2
(b) be given to the chief executive within the time stated in the notice. 3
of end of licensed employee's employment 4
Notice
72.(1) This section applies if-- 5
(a) a lottery licensee ends the employment of a licensed employee; or 6
(b) a licensed employee ends the employee's employment with a 7
lottery licensee; or 8
(c) a licensed employee otherwise ceases to be employed by a lottery 9
licensee. 10
(2) Within 7 days after a licensed employee's employment with a lottery 11
licensee ends, the lottery licensee must notify the chief executive of the end 12
of the employment by notice in the approved form. 13
Maximum penalty--40 penalty units. 14
to end licensed employee's employment 15
Requirement
73.(1) This section applies if-- 16
(a) a key person licence held by a licensed employee of a lottery 17
licensee is cancelled or suspended; or 18
(b) a licensed employee of a lottery licensee ceases to hold a key 19
person licence for some other reason. 20
(2) The chief executive may, by written notice given to the lottery 21
licensee, require the licensee to terminate the employee's employment as a 22
key employee within the time stated in the notice. 23
(3) The lottery licensee must comply with the requirement. 24
(4) This section applies to a lottery licensee despite another Act or law or 25
any industrial award or agreement. 26
(5) A lottery licensee does not incur any liability by complying with a 27
requirement of the chief executive under this section. 28
s 74 46 s 76
Lotteries
Division 7--Requirements about association with key operators 1
to end key operator's role 2
Notice
74.(1) This section applies if a person who holds a key person licence as 3
a key operator stops being a key operator for a lottery licensee. 4
(2) Within 7 days after the person stops being a key operator for the 5
lottery licensee, the lottery licensee must notify the chief executive of that 6
fact by notice in the approved form. 7
Maximum penalty--40 penalty units. 8
to end key operator's role 9
Requirement
75.(1) This section applies if-- 10
(a) a key person licence held by a key operator for a lottery licensee is 11
cancelled or suspended; or 12
(b) a key operator for a lottery licensee ceases to hold a key person 13
licence for some other reason. 14
(2) The chief executive may, by written notice given to the lottery 15
licensee, require the lottery licensee to take any action reasonably necessary 16
to ensure that the person ceases to be a key operator for the licensee within 17
the time stated in the notice. 18
(3) The lottery licensee must comply with the notice. 19
(4) This section applies to a lottery licensee despite any other Act or law. 20
(5) A lottery licensee does not incur any liability because the licensee 21
complies with a notice under this section. 22
8--General 23
Division
statements by applicants 24
False
76. A person must not, for an application made under this part, state 25
anything the person knows is false or misleading in a material particular. 26
Maximum penalty--40 penalty units. 27
s 77 47 s 78
Lotteries
of fingerprints 1
Destruction
77.(1) This section applies if-- 2
(a) an application for a key person licence is refused; or 3
(b) a key person licence is surrendered; or 4
(c) a key person licence lapses; or 5
(d) a key person licence is cancelled. 6
(2) The chief executive must cause any fingerprints of the applicant or 7
former key person licensee taken for the application for the key person 8
licence to be destroyed as soon as practicable. 9
PART 4--LOTTERY AGENTS 10
1--Agency agreements 11
Division
of "agency agreements" 12
Meaning
78. An "agency agreement" is an agreement between a lottery licensee 13
and another person-- 14
(a) appointing the other person as an agent (a "lottery agent") for 15
1 or more of the following purposes-- 16
(i) selling lottery tickets; 17
(ii) paying prizes; 18
(iii) promoting lotteries conducted by the lottery licensee; 19
(iv) another purpose relating to the conduct of lotteries by the 20
lottery licensee; and 21
(b) dealing with the lottery agent's authority; and 22
(c) stating the conditions under which the lottery agent acts as, and 23
remains, an agent of the lottery licensee; and 24
s 79 48 s 81
Lotteries
(d) stating other matters agreed between the lottery agent and the 1
lottery licensee. 2
for entering into agency agreement 3
Conditions
79.(1) A lottery licensee may enter into an agency agreement only with a 4
person prescribed under a regulation as a person eligible to be a lottery 5
agent. 6
(2) A lottery licensee may enter into an agency agreement only if the 7
agreement-- 8
(a) is in a form approved by the chief executive; and 9
(b) states the lottery agent's place of operation; and 10
(c) includes any other provisions required by the chief executive. 11
(3) The chief executive must not require the inclusion of a provision in an 12
agency agreement unless the chief executive believes on reasonable grounds 13
that the inclusion of the provision is reasonably necessary to ensure-- 14
(a) that the integrity of the conduct of lotteries by the lottery licensee 15
is not jeopardised in a material way; or 16
(b) the public interest is not affected in an adverse and material way. 17
of agency agreement 18
Notice
80. Within 7 days after entering into an agency agreement, the lottery 19
licensee must inform the chief executive of the lottery agent's name and 20
place of operation. 21
of agency agreement 22
Amendment
81.(1) An agency agreement may only be amended with the written 23
approval of the chief executive. 24
(2) The chief executive may withhold approval of a proposed 25
amendment only if it is necessary to do so in the public interest or to protect 26
proper standards of integrity in the conduct of lotteries. 27
s 82 49 s 83
Lotteries
about agents 1
Returns
82.(1) A lottery licensee must give a return as required by this section 2
listing the licensee's current lottery agents. 3
Maximum penalty--40 penalty units. 4
(2) The return must be in the approved form, and given to the chief 5
executive at least once every 6 months. 6
2--Terminating agency agreements 7
Division
for termination 8
Grounds
83.(1) Each of the following is a ground for directing the termination of 9
an agency agreement-- 10
(a) the lottery agent is not, or is no longer, a suitable person to be a 11
lottery agent; 12
(b) a business or executive associate of the lottery agent is not, or is 13
no longer, a suitable person to be associated with a lottery agent's 14
operations; 15
(c) the lottery agent has been convicted of an offence against this Act 16
or a Gaming Act; 17
(d) the lottery agent has been convicted of an indictable offence; 18
(e) the lottery agent has contravened a provision of this Act (being a 19
provision a contravention of which does not constitute an offence 20
against this Act). 21
(2) Also, it is a ground for directing the termination of an agency 22
agreement if the lottery agent is not, or is no longer, eligible to be a lottery 23
agent for a lottery licensee. 24
(3) For forming a belief that the ground mentioned in subsection (1)(a) 25
exists, the chief executive may have regard to the following issues-- 26
(a) the lottery agent's character or business reputation; 27
(b) the lottery agent's current financial position and financial 28
background; 29
s 84 50 s 84
Lotteries
(c) the lottery agent's general suitability to act as an agent for a lottery 1
licensee. 2
(4) For forming a belief that the ground mentioned in subsection (1)(b) 3
exists, the chief executive may have regard to the business or executive 4
associate's character or business reputation, and current financial position 5
and financial background. 6
cause notice 7
Show
84.(1) This section applies if the chief executive believes-- 8
(a) a ground exists for directing the termination of an agency 9
agreement; and 10
(b) the act, omission or other thing constituting the ground is of a 11
serious and fundamental nature; and 12
(c) either-- 13
(i) the integrity of the conduct of lotteries by the lottery licensee 14
may be jeopardised; or 15
(ii) the public interest may be affected adversely. 16
(2) The chief executive must give the lottery agent a written notice 17
(a "show cause notice") that-- 18
(a) states the chief executive proposes to take action (the "proposed 19
action") to direct the lottery licensee to terminate the agency 20
agreement; and 21
(b) states the grounds for the proposed action; and 22
(c) outlines the facts and circumstances forming the basis for the 23
grounds; and 24
(d) invites the agent to show within a stated period (the "show cause 25
period") why the proposed action should not be taken. 26
(3) The show cause period must be a period ending not less than 21 days 27
after the show cause notice is given to the lottery agent. 28
(4) The chief executive must promptly give a copy of the show cause 29
notice to the lottery licensee. 30
(5) A lottery licensee to whom a copy of the show cause notice is given 31
s 85 51 s 85
Lotteries
may make representations about the notice to the chief executive in the 1
show cause period. 2
(6) The chief executive must consider all written representations (the 3
"accepted representations") made during the show cause period by-- 4
(a) the lottery agent; or 5
(b) a lottery licensee to whom a copy of the show cause notice is 6
given. 7
lottery agent's operations 8
Suspending
85.(1) This section applies if the chief executive believes-- 9
(a) a ground exists to direct the termination of an agency agreement; 10
and 11
(b) it is necessary to suspend the lottery agent's operations-- 12
(i) in the public interest; or 13
(ii) to ensure the integrity of the conduct of lotteries by the 14
lottery licensee is not jeopardised. 15
(2) The chief executive may suspend the lottery agent's operations. 16
(3) The suspension-- 17
(a) must be effected by written notice (a "suspension notice") given 18
to the lottery agent with a show cause notice; and 19
(b) operates immediately the suspension notice is given; and 20
(c) continues to operate until the show cause notice is finally dealt 21
with. 22
(4) The suspension notice must state the reason for the decision to 23
suspend the lottery agent's operations. 24
(5) The chief executive must promptly give a copy of the suspension 25
notice to the lottery licensee. 26
(6) A lottery agent must not carry on operations while the agent's 27
operations are suspended. 28
Maximum penalty for subsection (6)--200 penalty units or 2 years 29
imprisonment. 30
s 86 52 s 87
Lotteries
lottery agent 1
Censuring
86.(1) This section applies if the chief executive-- 2
(a) believes a ground exists to direct the termination of the agency 3
agreement; but 4
(b) does not believe the giving of a show cause notice to the lottery 5
agent is warranted. 6
(2) This section also applies if, after considering the accepted 7
representations for the show cause notice, the chief executive-- 8
(a) still believes a ground exists to direct the termination of the 9
agency agreement; but 10
(b) does not believe termination of the agreement is warranted. 11
(3) The chief executive may, by written notice given to the lottery agent, 12
censure the agent for a matter relating to the ground for directing the 13
termination of the agreement. 14
(4) The notice must state the reason for the decision to censure the lottery 15
agent. 16
(5) The chief executive must promptly give a copy of the notice to the 17
lottery licensee. 18
to rectify 19
Direction
87.(1) This section applies if, after considering the accepted 20
representations for the show cause notice, the chief executive-- 21
(a) still believes a ground exists to direct the termination of the 22
agency agreement; but 23
(b) considers a matter relating to the ground is capable of being 24
rectified and that it is appropriate to give the lottery agent an 25
opportunity to rectify the matter. 26
(2) The chief executive may, by written notice given to the lottery agent, 27
direct the agent to rectify the matter within the period stated in the notice. 28
(3) The notice must state the reason for the decision to give the direction. 29
(4) The period stated in the notice must be reasonable, having regard to 30
the nature of the matter to be rectified. 31
s 88 53 s 89
Lotteries
(5) The chief executive must promptly give a copy of the notice to the 1
lottery licensee. 2
to terminate affecting lottery agents 3
Directions
88.(1) This section applies if, after considering the accepted 4
representations for the show cause notice, the chief executive still believes-- 5
(a) a ground exists to direct the termination of the agency agreement; 6
and 7
(b) the act, omission or other thing constituting the ground is of a 8
serious and fundamental nature; and 9
(c) either-- 10
(i) the integrity of the conduct of lotteries by the lottery licensee 11
may be jeopardised; or 12
(ii) the public interest may be affected adversely. 13
(2) This section also applies if the lottery agent fails to comply with a 14
direction to rectify a matter within the period stated in the relevant notice. 15
(3) The chief executive may, by written notice given to the lottery 16
licensee, direct the licensee to terminate the agreement within the time stated 17
in the notice. 18
(4) If the chief executive decides to give a direction under this section, the 19
chief executive must promptly give written notice of the decision to the 20
lottery agent affected by the decision. 21
(5) A notice under subsection (3) or (4) must state-- 22
(a) the reason for the decision to give the direction; and 23
(b) that the person to whom the notice is given may appeal against 24
the decision to a Magistrates Court within 28 days. 25
of agreement 26
Termination
89.(1) If the chief executive directs a lottery licensee to terminate an 27
agency agreement, the licensee must-- 28
(a) terminate the agreement within the time stated in the notice giving 29
s 90 54 s 91
Lotteries
the direction; and 1
(b) notify the chief executive of the termination in the approved form 2
within 7 days after terminating the agreement. 3
(2) If the lottery licensee does not terminate the agency agreement as 4
required by subsection (1), the agreement is terminated by this Act. 5
(3) The State does not incur any liability if an agency agreement is 6
terminated by a lottery licensee under subsection (1) or by this Act. 7
(4) A lottery licensee does not incur any liability because the licensee 8
terminates an agency agreement under subsection (1). 9
of termination of agreement 10
Notice
90.(1) This section applies if an agency agreement is terminated 11
otherwise than because of a direction to terminate the agreement given to the 12
lottery licensee by the chief executive. 13
(2) The lottery licensee must notify the chief executive in writing of the 14
termination within 7 days after the agreement is terminated. 15
Maximum penalty--40 penalty units. 16
Division 3--Investigations into suitability 17
18
Investigations
91.(1) The chief executive may investigate a lottery agent to help the chief 19
executive decide whether the person is, or continues to be, a suitable person 20
to be a lottery agent. 21
(2) The chief executive may investigate a business or executive associate 22
of a lottery agent to help the chief executive decide whether the person is, or 23
continues to be, a suitable person to be associated with a lottery agent's 24
operations. 25
(3) However, the chief executive may investigate a lottery agent, or a 26
business or executive associate of a lottery agent, only if the chief executive 27
reasonably suspects the person is not, or is no longer, a suitable person to 28
be a lottery agent, or to be associated with a lottery agent's operations. 29
s 92 55 s 94
Lotteries
to give information or material for investigation 1
Requirement
92.(1) In investigating a lottery agent or business or executive associate 2
of a lottery agent, the chief executive may, by written notice given to the 3
person, require the person to give the chief executive information or a 4
document the chief executive considers relevant to the investigation. 5
(2) When making the requirement, the chief executive must warn the 6
person it is an offence to fail to comply with the requirement, unless the 7
person has a reasonable excuse. 8
(3) The person must comply with the requirement unless the person has 9
a reasonable excuse. 10
Maximum penalty--200 penalty units or 2 years imprisonment. 11
(4) It is a reasonable excuse if complying with the requirement might 12
tend to incriminate the person. 13
(5) The person does not commit an offence against this section if the 14
information or document sought by the chief executive is not in fact relevant 15
to the investigation. 16
about person's criminal history 17
Reports
93.(1) If the chief executive, in making an investigation under this 18
division about a person, asks the commissioner of the police service for a 19
written report about the person's criminal history, the commissioner must 20
give the report to the chief executive. 21
(2) However, the report is required to contain only criminal history in the 22
commissioner's possession or to which the commissioner has access. 23
ART 5--LOTTERY TAX AND LICENCE FEE 24
P
to tax 25
Liability
94.(1) A lottery licensee must pay a tax (a "lottery tax") to the chief 26
executive. 27
s 95 56 s 97
Lotteries
(2) The lottery tax is to be calculated and paid in accordance with the 1
conditions of the lottery licence. 2
to licence fees 3
Liability
95.(1) A lottery licensee must give consideration (the "licence fees") for 4
the lottery licence. 5
(2) The licence fees are to be calculated and paid or satisfied in 6
accordance with the conditions of the lottery licence. 7
for calculation of lottery tax 8
Returns
96.(1) A lottery licensee must give the chief executive returns as required 9
under the conditions of the lottery licence giving the details required under 10
the conditions for the calculation of lottery tax. 11
(2) A return must be in the approved form. 12
for late payment 13
Penalty
97.(1) A lottery licensee must pay to the chief executive a penalty on an 14
amount or value of lottery tax or licence fee outstanding (the "unpaid 15
amount") as at the end of the period allowed for payment. 16
(2) The penalty is the percentage prescribed under a regulation of the 17
unpaid amount. 18
(3) An additional penalty is payable by the lottery licensee to the chief 19
executive for any part of the unpaid amount, and any previous penalty, 20
remaining unpaid-- 21
(a) 1 month after the end of the period allowed for payment of the 22
unpaid amount; and 23
(b) at the end of each succeeding month starting-- 24
(i) on the day of the month corresponding to the day mentioned 25
in paragraph (a); or 26
(ii) if there is no corresponding day--on the first day of the 27
following month. 28
(4) The additional penalty is the percentage prescribed under a regulation 29
s 98 57 s 99
Lotteries
of each unpaid or other amount for which the penalty is payable. 1
(5) A penalty, or a part of a penalty, is not payable if the chief executive, 2
for a reason the chief executive considers appropriate, decides the penalty, 3
or the part of the penalty, need not be paid. 4
of amounts 5
Recovery
98. An amount of lottery tax, licence fee or penalty payable under this 6
part is a debt payable to the State and may be recovered by action in a court 7
of competent jurisdiction. 8
offences 9
Revenue
99.(1) A lottery licensee must not-- 10
(a) evade the payment of an amount payable by the licensee as lottery 11
tax or licence fee; or 12
(b) give the chief executive a return containing information the 13
licensee knows to be false, misleading or incomplete in a material 14
particular. 15
Maximum penalty--200 penalty units or 2 years imprisonment. 16
(2) Subsection (1)(b) does not apply to a lottery licensee if the licensee, 17
when giving the return-- 18
(a) informs the chief executive in writing, to the best of the licensee's 19
ability, how the return is false, misleading or incomplete; and 20
(b) if the licensee has, or can reasonably obtain, the correct 21
information--gives the correct information. 22
(3) It is enough for a complaint for an offence against subsection (1) to 23
state that the return was false, misleading or incomplete to the defendant's 24
knowledge. 25
s 100 58 s 101
Lotteries
ART 6--COMPLIANCE REQUIREMENTS 1
P
Division 1--Control systems 2
to be conducted under an approved control system 3
Lotteries
100.(1) A lottery licensee may conduct a lottery under the lottery licence 4
only if-- 5
(a) the licensee has an approved control system that relates to lottery 6
agents, or each class of lottery agents, appointed by the licensee; 7
and 8
(b) the lottery is conducted under the system. 9
(2) A lottery licensee may change the licensee's approved control system 10
only-- 11
(a) if directed by, or with the approval of, the chief executive; and 12
(b) in the way directed or approved by the chief executive. 13
system submission 14
Control
101.(1) A lottery licensee may make a submission (a "control system 15
submission") to the chief executive for approval of the licensee's proposed 16
control system. 17
(2) A control system submission must be made in writing not later 18
than-- 19
(a) 90 days before the lottery licensee proposes to start conducting 20
lotteries under the lottery licence; or 21
(b) if the chief executive considers it appropriate to allow a 22
submission to be made at a later time--the time allowed by the 23
chief executive. 24
(3) A control system submission must describe and explain the lottery 25
licensee's proposed control system. 26
(4) In particular, a control system submission must include information 27
about-- 28
s 102 59 s 102
Lotteries
(a) the following things to be used for the conduct of lotteries-- 1
(i) accounting systems and procedures and chart of accounts; 2
(ii) administrative systems and procedures; 3
(iii) computer software; 4
(iv) standard forms and terms; and 5
(b) the general procedures to be followed for the conduct of lotteries; 6
and 7
(c) the procedures and standards for the maintenance, security, 8
storage and transportation of equipment to be used for the 9
conduct of lotteries; and 10
(d) the procedures for recording and paying prizes won in lotteries; 11
and 12
(e) the procedures for using and maintaining security facilities. 13
(5) A control system submission may include information additional to 14
the information mentioned in subsection (4). 15
system (change) submission 16
Control
102.(1) A lottery licensee may make a submission (a "control system 17
(change) submission") to the chief executive for approval to change the 18
licensee's approved control system. 19
(2) A control system (change) submission must be made in writing not 20
later than-- 21
(a) 90 days before the lottery licensee proposes to start conducting 22
lotteries under the approved control system, as proposed to be 23
changed; or 24
(b) if the chief executive considers it appropriate to allow a 25
submission to be made at a later time--the time allowed by the 26
chief executive. 27
(3) A control system (change) submission must contain particulars of the 28
proposed changes of the lottery licensee's approved control system. 29
s 103 60 s 103
Lotteries
of, and decisions about, submissions 1
Consideration
103.(1) This section applies to a control system submission or control 2
system (change) submission made to the chief executive by a lottery 3
licensee. 4
(2) The chief executive must consider the submission and either approve, 5
or refuse to approve, the lottery licensee's proposed control system or the 6
proposed change of the licensee's approved control system. 7
(3) In considering the submission, the chief executive may, by written 8
notice given to the lottery licensee, require the licensee to give the chief 9
executive further information about the submission that is necessary and 10
reasonable to help the chief executive make a decision about the 11
submission. 12
(4) In considering whether to give an approval, the chief executive must 13
have regard to the following issues-- 14
(a) whether the submission satisfies the requirements under this 15
division for the submission; 16
(b) whether the lottery licensee's proposed control system, or 17
approved control system as proposed to be changed, is capable of 18
providing satisfactory and effective control over the conduct of 19
lotteries. 20
(5) The chief executive may refuse to give an approval if the lottery 21
licensee fails to comply with a requirement under subsection (3) without a 22
reasonable excuse. 23
(6) The chief executive must promptly give the lottery licensee a written 24
notice of the chief executive's decision to give, or to refuse to give, an 25
approval. 26
(7) If the chief executive decides to refuse to give an approval, the notice 27
must state the reasons for the decision and, if the chief executive believes 28
the submission can easily be rectified to enable the chief executive to give an 29
approval, the notice must also-- 30
(a) explain how the submission may be changed; and 31
(b) invite the lottery licensee to resubmit the submission after making 32
the appropriate changes. 33
s 104 61 s 105
Lotteries
to change approved system 1
Direction
104.(1) The chief executive may, by written notice given to a lottery 2
licensee, direct the licensee to change the licensee's approved control system 3
within the time, and in the way, stated in the notice. 4
(2) The lottery licensee must comply with the direction. 5
(3) If the lottery licensee does not comply with the direction, at the end of 6
the time stated in the notice the licensee's approved control system is taken 7
to have been changed in the way stated in the notice. 8
Division 2--Lottery records 9
about keeping lottery records 10
Notices
105.(1) The chief executive may, by written notice given to a lottery 11
licensee-- 12
(a) approve a place (the "approved place") nominated by the 13
licensee as the place where the licensee is required to keep the 14
licensee's lottery records; or 15
(b) specify a lottery record of the licensee ( an "exempt lottery 16
record") that is not required to be kept at the approved place; or 17
(c) specify a lottery record of the licensee that may be kept 18
temporarily at a place other than the approved place, and the 19
period for which, or the circumstances in which, the record may 20
be kept at the other place; or 21
(d) approve the keeping of information contained in a lottery record 22
in a way different from the way the information was kept when 23
the record was being used by the licensee; or 24
(e) approve the destruction of a lottery record the chief executive 25
considers need not be kept. 26
(2) A lottery record mentioned in subsection (1)(c) is also an "exempt 27
lottery record"-- 28
(a) for the period stated in the notice; or 29
(b) while the circumstances stated in the notice exist. 30
s 106 62 s 107
Lotteries
(3) The chief executive may specify a lottery record for subsection (1)(b) 1
only if the chief executive considers there is sufficient reason for the record 2
to be kept at a place other than the approved place. 3
(4) The exercise of the chief executive's power under subsection (1)(d) 4
or (e) is subject to any other law about the retention or destruction of the 5
lottery record. 6
records to be kept at certain place 7
Lottery
106.(1) A lottery licensee must keep the licensee's lottery records at-- 8
(a) the licensee's public office; or 9
(b) at an approved place for the records. 10
Maximum penalty--40 penalty units. 11
(2) Subsection (1) does not apply to an exempt lottery record. 12
records to be kept for required period 13
Lottery
107.(1) A lottery licensee must keep a lottery record-- 14
(a) in the case of a record relating to an unclaimed prize--for 7 years 15
after closure of the lottery; and 16
(b) in any other case--for 5 years after the end of the transaction to 17
which the record relates. 18
Maximum penalty--40 penalty units. 19
(2) Subsection (1) does not apply to a lottery record if the information 20
previously contained in the record is kept in another way under an approval 21
of the chief executive. 22
(3) Also, subsection (1) does not apply to a lottery record that has been 23
destroyed under an approval of the chief executive. 24
(4) Subsection (1) has effect subject to any other law about the retention 25
or destruction of the lottery record. 26
s 108 63 s 110
Lotteries
Division 3--Financial accounts, statements and reports 1
of accounts 2
Keeping
108. A lottery licensee must-- 3
(a) keep accounting records that correctly record and explain the 4
transactions and financial position for the licensee's operations 5
conducted under the lottery licence; and 6
(b) keep the accounting records in a way that allows-- 7
(i) true and fair financial statements and accounts to be prepared 8
from time to time; and 9
(ii) the financial statements and accounts to be conveniently and 10
properly audited. 11
Maximum penalty--40 penalty units. 12
of financial statements and accounts 13
Preparation
109.(1) A lottery licensee must prepare financial statements and accounts 14
as required by this section giving a true and fair view of the licensee's 15
financial operations conducted under the lottery licence. 16
Maximum penalty--40 penalty units. 17
(2) The financial statements and accounts must include the following-- 18
(a) trading accounts, if applicable, for each financial year; 19
(b) profit and loss accounts for each financial year; 20
(c) a balance sheet as at the end of each financial year. 21
of reports 22
Submission
110.(1) A lottery licensee must give reports to the chief executive as 23
required by this section about the licensee's operations under the lottery 24
licence. 25
Maximum penalty--40 penalty units. 26
(2) The reports must be given at the times stated in a written notice given 27
s 111 64 s 111
Lotteries
to the lottery licensee by the chief executive. 1
(3) A report must be in the approved form. 2
(4) The chief executive may, by written notice given to a lottery licensee, 3
require the licensee to give the chief executive further information about a 4
report within the time stated in the notice to help the chief executive acquire 5
a proper appreciation of the licensee's operations. 6
(5) A lottery licensee must comply with a requirement under 7
subsection (4) within the time stated in the notice, unless the licensee has a 8
reasonable excuse. 9
Maximum penalty--40 penalty units. 10
(6) A lottery licensee must not give the chief executive a report 11
containing information, or further information about a report, the licensee 12
knows to be false, misleading or incomplete in a material particular. 13
Maximum penalty--100 penalty units. 14
(7) Subsection (6) does not apply to a lottery licensee if the licensee, 15
when giving the report or further information-- 16
(a) informs the chief executive in writing, to the best of the licensee's 17
ability, how the return or information is false, misleading or 18
incomplete; and 19
(b) if the licensee has, or can reasonably obtain, the correct 20
information--gives the correct information. 21
(8) It is enough for a complaint of an offence against subsection (6) to 22
state that the report or information was false, misleading or incomplete to 23
the defendant's knowledge. 24
Division 4--Financial institutions accounts 25
of accounts 26
Keeping
111. A lottery licensee must keep a financial institution account, or 27
financial institution accounts, approved by the chief executive for use for all 28
banking or similar transactions for the licensee's operations conducted 29
s 112 65 s 114
Lotteries
under the lottery licence. 1
Maximum penalty--40 penalty units. 2
of accounts 3
Use
112. A lottery licensee must not use a financial institution account 4
approved by the chief executive other than for a purpose for which it is 5
approved. 6
Maximum penalty--40 penalty units. 7
Division 5--Audit 8
of lottery licensee's operations 9
Audit
113. As soon as practicable after the end of a financial year, a lottery 10
licensee must, at the licensee's own expense, cause the licensee's books, 11
accounts and financial statements for the licensee's operations conducted 12
under the lottery licence for the financial year to be audited by a registered 13
company auditor approved by the chief executive. 14
Maximum penalty--40 penalty units. 15
of audit 16
Completion
114.(1) The auditor must-- 17
(a) complete the audit within 3 months after the end of the financial 18
year; and 19
(b) immediately after completion of the audit, give a copy of the audit 20
report to the chief executive and the lottery licensee. 21
Maximum penalty--40 penalty units. 22
(2) Subsection (1)(a) does not apply to the auditor if, in the 23
circumstances, it would be unreasonable to require the auditor to comply 24
with the paragraph and the auditor completes the audit as soon as 25
practicable. 26
s 115 66 s 116
Lotteries
information following audit 1
Further
115.(1) On receiving a copy of the audit report, the chief executive may, 2
by written notice given to the lottery licensee, require the licensee to give the 3
chief executive further information about a matter relating to the licensee's 4
operations mentioned in the audit report. 5
(2) A lottery licensee must comply with a requirement under 6
subsection (1) within the time stated in the notice, unless the licensee has a 7
reasonable excuse. 8
Maximum penalty for subsection (2)--40 penalty units. 9
ART 7--CONDUCT OF APPROVED LOTTERIES 10
P
Division 1--Ancillary and related agreements 11
lottery agreement 12
Ancillary
116.(1) An "ancillary lottery agreement" is an agreement, contract, 13
lease or arrangement (whether written or unwritten) under which a person 14
agrees to provide to a lottery licensee a thing or service in return for a direct 15
or indirect interest in, or percentage or share of-- 16
(a) amounts received by the licensee in conducting approved lotteries; 17
or 18
(b) the revenue, profit or earnings derived by the licensee in 19
conducting approved lotteries. 20
(2) However, an ancillary lottery agreement does not include an agency 21
agreement. 22
(3) A lottery licensee must not enter into, or be a party to, an ancillary 23
lottery agreement without the written approval of the Minister. 24
Maximum penalty for subsection (3)--40 penalty units. 25
s 117 67 s 119
Lotteries
of ancillary lottery agreements 1
Approval
117.(1) A lottery licensee may apply to the Minister for approval to enter 2
into an ancillary lottery agreement. 3
(2) The Minister may give the approval if the Minister considers it 4
appropriate or desirable in all the circumstances for the lottery licensee to 5
enter into the agreement. 6
(3) An approval must be in writing. 7
of related agreements 8
Review
118.(1) The Minister may, by written notice given to a lottery licensee, 9
require the licensee to give to the Minister, within the time stated in the 10
notice-- 11
(a) the information stated in the notice about a related agreement to 12
which the licensee is a party; and 13
(b) if the agreement is in writing--a copy of the agreement. 14
(2) Without limiting subsection (1), the information the Minister may 15
require to be given about the agreement includes the following-- 16
(a) the names of the parties; 17
(b) a description of any property, goods or other things, or any 18
services, supplied or to be supplied; 19
(c) the value or nature of the consideration; 20
(d) the term of the agreement. 21
(3) The lottery licensee must comply with the requirement within the 22
time stated in the notice, unless the licensee has a reasonable excuse. 23
cause notice for related agreement 24
Show
119.(1) This section applies if, after considering the information given to 25
the Minister about a related agreement and, if appropriate, the contents of 26
the agreement, the Minister believes the continuance of the agreement-- 27
(a) may jeopardise the integrity of the conduct of lotteries by the 28
lottery licensee who is a party to the agreement; or 29
s 120 68 s 120
Lotteries
(b) may affect the public interest adversely. 1
(2) The Minister must give the lottery licensee who is a party to the 2
agreement a written notice (a "show cause notice") that-- 3
(a) states the Minister proposes to take action to direct the termination 4
of the agreement (the "proposed action"); and 5
(b) states the grounds for the proposed action; and 6
(c) outlines the facts and circumstances forming the basis for the 7
grounds; and 8
(d) invites the licensee to show within a stated period (the "show 9
cause period") why the proposed action should not be taken. 10
(3) The show cause period must be a period ending at least 21 days after 11
the notice is given. 12
(4) The Minister must promptly give a copy of the show cause notice to 13
each other person (an "interested person") who is a party to the 14
agreement. 15
(5) An interested person may make representations about the notice to 16
the Minister in the show cause period. 17
(6) The Minister must consider all written representations (the "accepted 18
representations") made during the show cause period by the lottery 19
licensee or an interested person. 20
to terminate related agreement 21
Direction
120.(1) The Minister may direct the termination of a related agreement if, 22
after considering the accepted representations for a show cause notice, the 23
Minister still believes the continuance of the agreement-- 24
(a) may jeopardise the integrity of the conduct of lotteries by the 25
lottery licensee who is a party to the agreement; or 26
(b) may affect the public interest adversely. 27
(2) The direction must be given by written notice to each of the parties to 28
the agreement. 29
(3) The notice must state-- 30
(a) the reason for the decision to direct the termination of the related 31
s 121 69 s 122
Lotteries
agreement; and 1
(b) the time within which the agreement is required to be terminated. 2
(4) If the agreement is not terminated within the time stated in the notice, 3
it is terminated at the end of the time by this Act. 4
(5) The termination of the agreement under the direction or by this Act 5
does not affect any rights or liabilities acquired or incurred by a party to the 6
agreement before the termination. 7
(6) The State does not incur any liability if the agreement is terminated 8
under the direction or by this Act. 9
(7) A party to the agreement does not incur any liability for breach of the 10
agreement because the agreement is terminated under the direction. 11
2--Operations of lottery licensees and agents 12
Division
13
Rules
121.(1) The Minister may make rules about the following-- 14
(a) classifying gaming schemes as lotteries; 15
(b) regulating the conduct of lotteries; 16
(c) regulating prizes in lotteries. 17
(2) Rules are subordinate legislation. 18
(3) A lottery licensee may make submissions to the Minister about a rule 19
or proposed rule. 20
responsibilities of lottery licensee 21
General
122. A lottery licensee, in doing an act for the conduct of an approved 22
lottery, must ensure the act is done in accordance with the rules for the 23
lottery. 24
Maximum penalty--40 penalty units. 25
s 123 70 s 125
Lotteries
of licensee for acts of lottery agents 1
Responsibility
123.(1) This section applies to the doing of an act by a lottery agent for 2
the conduct of an approved lottery by the lottery licensee by whom the agent 3
is appointed. 4
(2) The lottery licensee must take reasonable steps to ensure the act is 5
done in accordance with the rules for the approved lottery. 6
Maximum penalty--40 penalty units. 7
of lottery agent for agent's acts 8
Responsibility
124. A lottery agent, in doing an act for the conduct of an approved 9
lottery by the lottery licensee by whom the agent is appointed, must ensure 10
the act is done in accordance with the rules for the approved lottery. 11
Maximum penalty--40 penalty units. 12
of operation 13
Places
125.(1) A lottery licensee must not carry on the licensee's operations at a 14
place other than a place that-- 15
(a) the licensee has, by notice given to the chief executive, nominated 16
as being the licensee's proposed place of operation; and 17
(b) if lottery tickets are to be sold or otherwise distributed to the 18
public from the place--has been approved by the chief executive. 19
Maximum penalty--200 penalty units or 2 years imprisonment. 20
(2) A lottery agent must not carry on the agent's operations at a place 21
other than a place that-- 22
(a) is of a kind prescribed under a regulation as appropriate for a 23
lottery agent; and 24
(b) is stated in the agency agreement as the agent's place of operation. 25
Maximum penalty for subsection (2)--200 penalty units or 2 years 26
imprisonment. 27
s 126 71 s 129
Lotteries
of lottery tickets 1
Price
126.(1) Before lottery tickets are made available for purchase, the lottery 2
licensee must obtain the chief executive's approval for the price at which the 3
lottery tickets are to be offered for sale. 4
(2) A lottery licensee or lottery agent must not offer lottery tickets for 5
sale within the State at a price other than the price approved by the chief 6
executive. 7
Division 3--Official supervision 8
supervision 9
Official
127. The chief executive must ensure the supervision of the following-- 10
(a) the systems used to decide prize winners in an approved lottery to 11
ensure the security and efficient operation of the systems; 12
(b) the operation of the systems for each approved lottery; 13
(c) the accuracy of the results of each approved lottery. 14
of inspector at certain operations 15
Presence
128.(1) The chief executive may take action under this section to ensure 16
the integrity of the conduct of an approved lottery. 17
(2) The chief executive may by written notice given to a lottery licensee 18
direct the licensee not to do a stated thing in the conduct of an approved 19
lottery unless an inspector is present. 20
(3) The licensee must comply with the direction. 21
Maximum penalty for subsection (3)--40 penalty units. 22
Division 4--Prizes 23
for prizes 24
Claims
129.(1) In the agency payment period for an approved lottery, a claim for 25
payment of a prize in the lottery may be made to the lottery licensee or a 26
s 130 72 s 130
Lotteries
lottery agent of the lottery licensee. 1
(2) After the agency payment period for an approved lottery ends, a 2
claim for payment of a prize in the lottery may be made only to the lottery 3
licensee. 4
(3) A participant's entitlement to claim a prize in an approved lottery 5
continues until whichever of the following happens first-- 6
(a) the prize is paid; 7
(b) the end of 7 years after closure of the lottery in which the prize is 8
won. 9
(4) The rules may provide that a person who is registered with the lottery 10
licensee for an approved lottery need not make a claim for a prize to which 11
the person is entitled. 12
of prizes 13
Payment
130.(1) If the holder of a winning lottery ticket in an approved lottery 14
claims the prize and gives the lottery ticket to the lottery licensee or a lottery 15
agent of the lottery licensee, the licensee must, or the agent may if 16
authorised to do so by the agency agreement, pay the prize to the person or 17
as directed by the person. 18
(2) However, the lottery licensee or agent is not required to pay a prize if 19
there are reasonable grounds to believe that the claimant obtained the lottery 20
ticket unlawfully or that an antecedent holder of the ticket obtained it 21
unlawfully. 22
(3) A lottery licensee or a lottery agent need not inquire, and does not 23
incur any liability for failing to inquire, into whether a person from whom a 24
lottery ticket is received-- 25
(a) is the lawful holder of the lottery ticket; or 26
(b) is a minor or otherwise under a legal disability. 27
(4) After the agency payment period for an approved lottery ends, a 28
lottery licensee may pay a prize to a person registered with the licensee 29
whom the licensee believes to be entitled to the prize or as directed by the 30
person. 31
(5) The obligation of a lottery licensee to pay a prize in an approved 32
s 131 73 s 133
Lotteries
lottery is fully complied with and discharged on payment of the prize under 1
this Act by the licensee or a lottery agent of the licensee. 2
of unclaimed prizes that are property 3
Disposal
131.(1) This section applies to a prize in an approved lottery if-- 4
(a) it is property other than money or lottery tickets; and 5
(b) it is not paid or collected within 3 months after the closure of the 6
lottery. 7
(2) The lottery licensee-- 8
(a) may dispose of the property by public auction or tender or in 9
some other way approved by the chief executive; and 10
(b) may pay for the disposal from the proceeds of sale; and 11
(c) must keep and deal with the remainder of the proceeds as if the 12
remainder were the prize in the lottery. 13
(3) On disposal of a prize under subsection (2), entitlement to the prize is 14
converted to an entitlement to the remainder kept. 15
prizes generally 16
Unclaimed
132.(1) If a prize in an approved lottery is not paid to a person who is 17
entitled to the prize under the rules, the lottery licensee must identify the 18
prize in its accounting records as unclaimed prize money for 7 years after 19
the closure of the lottery. 20
(2) After unclaimed money has been identified under subsection (1) for 21
1 year, the lottery licensee may use the money for a prize or additional prize 22
in an approved lottery or, with the approval of the chief executive, in another 23
way. 24
(3) This section does not affect a person's entitlement to claim a prize in 25
an approved lottery for 7 years after the closure of the lottery. 26
of regulated lottery equipment 27
Approval
133.(1) A lottery licensee may apply to the chief executive-- 28
s 134 74 s 134
Lotteries
(a) for an approval for regulated lottery equipment proposed to be 1
used in the conduct of lotteries by the licensee; or 2
(b) for approval to modify regulated lottery equipment used in the 3
conduct of lotteries by the licensee. 4
(2) The chief executive must-- 5
(a) consider the application; and 6
(b) if the chief executive believes it is necessary for the chief 7
executive to evaluate the equipment, or the equipment as 8
proposed to be modified, to decide the application--carry out the 9
evaluation as soon as practicable; and 10
(c) after completing the consideration of the application and carrying 11
out any necessary evaluation--approve, or refuse to approve, the 12
equipment or modification. 13
(3) Despite subsection (2)(b) and (c), the chief executive is not required 14
to carry out the evaluation, or decide the application, unless the fee 15
prescribed under a regulation for the evaluation has been paid. 16
(4) The chief executive must promptly give the lottery licensee written 17
notice of the chief executive's decision. 18
(5) If the chief executive decides to refuse to give an approval, the notice 19
must state the reasons for the decision. 20
of regulated lottery equipment 21
Use
134.(1) A lottery licensee must not use any regulated lottery equipment 22
in conducting an approved lottery unless the equipment is approved lottery 23
equipment. 24
Maximum penalty--40 penalty units. 25
(2) A lottery agent must not use any regulated lottery equipment for the 26
conduct of an approved lottery for the lottery licensee by whom the agent 27
was appointed unless the equipment is approved lottery equipment. 28
Maximum penalty--40 penalty units. 29
(3) A lottery licensee or agent must not modify approved lottery 30
equipment unless the modification is approved by the chief executive in 31
s 135 75 s 137
Lotteries
writing. 1
Maximum penalty for subsection (3)--40 penalty units. 2
lotteries 3
Advertising
135. A person who advertises an approved lottery must take reasonable 4
steps to ensure that the advertisement-- 5
(a) is not indecent or offensive; and 6
(b) is based on fact; and 7
(c) is not false, deceptive or misleading in a material particular. 8
about advertising 9
Directions
136.(1) If the chief executive reasonably believes an advertisement about 10
a lottery does not comply with section 135, the chief executive may direct 11
the person appearing to be responsible for authorising the advertisement to 12
take the appropriate steps-- 13
(a) to stop the advertisement being shown; or 14
(b) to change the advertisement. 15
(2) The direction must-- 16
(a) be in writing; and 17
(b) state the grounds for the direction; and 18
(c) for a direction to change the advertisement--state how the 19
advertisement is to be changed. 20
(3) A person to whom a direction is given must comply with the 21
direction, unless the person has a reasonable excuse. 22
Maximum penalty for subsection (3)--20 penalty units. 23
about complaints 24
Inquiries
137.(1) A lottery licensee must inquire into-- 25
(a) a complaint made to the licensee by a person about-- 26
s 138 76 s 138
Lotteries
(i) the conduct of an approved lottery by the licensee; or 1
(ii) the operations of a lottery agent of the licensee relating to an 2
approved lottery conducted by the licensee; or 3
(b) a complaint referred to the licensee by the chief executive under 4
subsection (3). 5
(2) Within 21 days after the complaint is received by, or referred to, the 6
lottery licensee, the licensee must give written notice of the result of the 7
inquiry to-- 8
(a) the complainant; and 9
(b) if the complaint was referred to the licensee by the chief 10
executive--the chief executive. 11
(3) If a complaint is made to the chief executive by a person about the 12
conduct of an approved lottery, or the operations of a lottery agent relating 13
to an approved lottery, the chief executive must promptly-- 14
(a) inquire into the complaint; or 15
(b) if the chief executive believes the complaint has not previously 16
been referred to the lottery licensee who conducted the lottery and 17
that it is appropriate to refer the complaint to the licensee--refer 18
the complaint to the licensee. 19
(4) The chief executive must promptly advise the complainant of-- 20
(a) the result of the chief executive's inquiry; or 21
(b) the chief executive's decision to refer the complaint to the lottery 22
licensee. 23
(5) A complaint must-- 24
(a) be in writing; and 25
(b) state the complainant's name and address; and 26
(c) give appropriate details of the complaint. 27
for payment 28
Claims
138.(1) If a claim for payment of a prize in an approved lottery is made 29
to a lottery licensee, the licensee must-- 30
s 139 77 s 139
Lotteries
(a) immediately try to resolve the claim; and 1
(b) if the licensee is not able to resolve the claim--by written notice 2
(a "claim result notice") given to the claimant, promptly inform 3
the claimant-- 4
(i) of the licensee's decision on the claim; and 5
(ii) that the person may, within 10 days of receiving the notice, 6
ask the chief executive to review the decision. 7
(2) If the claim is not resolved, the claimant may ask the chief executive 8
to review the lottery licensee's decision on the claim, or if the claimant has 9
not received a claim result notice, to resolve the claim. 10
(3) A request to the chief executive under subsection (2)-- 11
(a) must be in the approved form; and 12
(b) if the claimant received a claim result notice--must be made 13
within 10 days after receiving the notice. 14
(4) If a request is made to the chief executive, the chief executive must 15
deal with the request in the way prescribed under a regulation. 16
improper behaviour 17
Reporting
139.(1) This section applies if a lottery licensee becomes aware, or 18
reasonably suspects, that-- 19
(a) a person, by a dishonest act, has obtained a benefit for the person 20
or another person in relation to an approved lottery conducted by 21
the licensee; or 22
(b) there has been a contravention of this Act, in relation to the 23
conduct of an approved lottery, by a lottery agent, an employee of 24
a lottery agent or another person. 25
(2) This section also applies if a lottery agent becomes aware, or 26
reasonably suspects, that-- 27
(a) a person, by a dishonest act, has obtained a benefit for the person 28
or another person in relation to an approved lottery conducted by 29
the lottery licensee by whom the agent is appointed; or 30
(b) there has been a contravention of this Act, in relation to the 31
s 140 78 s 140
Lotteries
conduct of an approved lottery, by an employee of the agent or by 1
another person. 2
(3) Within 3 days of becoming aware of, or suspecting, the dishonest act 3
or contravention, the lottery licensee or agent must give the chief executive a 4
written notice advising the chief executive of all facts known to the licensee 5
or agent about the matter. 6
Maximum penalty--200 penalty units or 2 years imprisonment. 7
(4) A person must not mistreat another person because-- 8
(a) the other person has given, or may give, a notice under this 9
section; or 10
(b) the person believes the other person has given, or may give, a 11
notice under this section. 12
Maximum penalty--200 penalty units or 2 years imprisonment. 13
(5) In this section-- 14
"dishonest act" means fraud, misrepresentation or theft. 15
"mistreat" a person means-- 16
(a) end the person's employment or prejudice the career of the 17
person in another way; or 18
(b) prejudice the safety of the person; or 19
(c) intimidate or harass the person. 20
Division 5--Lottery offences 21
22
Cheating
140.(1) A person must not, in relation to an approved lottery, dishonestly 23
obtain a benefit by-- 24
(a) an act, practice or scheme; or 25
(b) the use of a thing. 26
Maximum penalty--200 penalty units or 2 years imprisonment. 27
(2) For subsection (1), a person obtains a benefit if the person obtains for 28
s 141 79 s 141
Lotteries
the person or another person, or induces a person to deliver, give or credit to 1
the person or another person, any money, benefit, advantage, valuable 2
consideration or security. 3
and deception 4
Forgery
141.(1) A person must not-- 5
(a) forge an official lottery document; or 6
(b) knowingly utter a forged official lottery document. 7
Maximum penalty--200 penalty units or 2 years imprisonment. 8
(2) A person must not connive at the commission of an offence against 9
subsection (1). 10
Maximum penalty--200 penalty units or 2 years imprisonment. 11
(3) A person forges a document if the person makes a false document, 12
knowing it to be false, with the intention that-- 13
(a) it may be used or acted on to the prejudice or benefit of a person; 14
or 15
(b) a person may, in the belief that it is genuine, be induced to do, or 16
refrain from doing, something. 17
(4) Without limiting subsection (3), a genuine document may become a 18
false document because of-- 19
(a) an alteration of the document in a material respect; or 20
(b) an addition to the body of the document in a material respect; or 21
(c) an addition of a false date, signature, attestation, seal or other 22
material matter. 23
(5) A person utters a document if the person-- 24
(a) uses or deals with the document; or 25
(b) attempts to use or deal with the document; or 26
(c) induces a person to use, deal with or act on the document; or 27
(d) attempts to induce a person to use, deal with or act on the 28
document. 29
s 142 80 s 143
Lotteries
certain persons 1
Impersonating
142.(1) A person must not pretend to be a lottery agent, a key person 2
licensee or a lottery official. 3
Maximum penalty--200 penalty units or 2 years imprisonment. 4
(2) A person must not connive at the commission of an offence against 5
subsection (1). 6
Maximum penalty for subsection (2)--200 penalty units or 2 years 7
imprisonment. 8
9
Bribery
143.(1) A lottery official must not ask for, receive or obtain, or agree to 10
receive or obtain, any money, property or benefit of any kind for the official 11
or another person for an improper purpose. 12
Maximum penalty--200 penalty units or 2 years imprisonment. 13
(2) A person must not give, confer or obtain, or promise or offer to give, 14
confer or obtain, any money, property or benefit of any kind to, on or for a 15
lottery official or another person for an improper purpose. 16
Maximum penalty--200 penalty units or 2 years imprisonment. 17
(3) A lottery official or other person does an act mentioned in 18
subsection (1) or (2) for an improper purpose if the official or other person 19
does the act-- 20
(a) for the official to forego or neglect the official's functions under 21
this Act, or to influence the official in the performance of the 22
official's functions under this Act; or 23
(b) because of anything already done or omitted to be done, or to be 24
afterwards done or omitted to be done, by the official in the 25
performance of the official's functions under this Act; or 26
(c) for the official to use, or take advantage of, the official's office 27
improperly to gain a benefit or advantage for, or facilitate the 28
commission of an offence by-- 29
(i) if the act is done by the official--another person; or 30
s 144 81 s 145
Lotteries
(ii) if the act is done by another person--that person or another 1
person. 2
in lotteries by lottery employees or lottery officials 3
Participation
144.(1) A lottery employee (whether licensed or unlicensed) or a lottery 4
official must not participate in a lottery if directly involved in the draw, 5
supervising the draw, or recording the results of the draw, of the lottery. 6
Maximum penalty--40 penalty units. 7
(2) A person who participates in a lottery contrary to a prohibition under 8
subsection (1) is disqualified from winning any prize that the person might 9
otherwise have won. 10
officials 11
Key
145.(1) The chief executive may declare a lottery official to be a key 12
official. 13
(2) The chief executive may direct a key official-- 14
(a) not to participate in lotteries; or 15
(b) not to participate in a lottery except in stated circumstances or for 16
stated purposes; or 17
(c) not to have a financial relationship with a lottery licensee or a 18
lottery agent. 19
(3) A declaration or direction-- 20
(a) must be made or given by written notice given to the lottery 21
official; and 22
(b) may only be made or given if the chief executive considers it 23
appropriate to take the action in the public interest. 24
(4) A key official must not participate in a lottery in contravention of a 25
direction given by the chief executive under this section. 26
Maximum penalty for subsection (4)--40 penalty units. 27
s 146 82 s 147
Lotteries
of key officials with lottery licensees and agents 1
Relationship
146.(1) This section applies only to a key official who has been given a 2
direction by the chief executive not to have a financial relationship with a 3
lottery licensee or agent. 4
(2) A key official must not-- 5
(a) accept or solicit employment from a lottery licensee or agent; or 6
(b) be an employee in any capacity of a lottery licensee or agent; or 7
(c) knowingly have, directly or indirectly-- 8
(i) a business or financial association with a lottery licensee or 9
agent; or 10
(ii) a business or financial interest together with a lottery licensee 11
or agent. 12
Maximum penalty--40 penalty units. 13
(3) A person must not, for 1 year after ceasing to be a key official, 14
without the chief executive's approval-- 15
(a) accept or solicit employment from a lottery licensee or agent; or 16
(b) be an employee in any capacity of a lottery licensee or agent; or 17
(c) knowingly have, directly or indirectly-- 18
(i) a business or financial association with a lottery licensee or 19
agent; or 20
(ii) a business or financial interest together with a lottery licensee 21
or agent. 22
Maximum penalty for subsection (3)--40 penalty units. 23
of key officials with prospective licensees 24
Relationship
147.(1) This section applies if a key official knowingly has, directly or 25
indirectly-- 26
(a) a business or financial association with another person who is a 27
prospective lottery licensee; or 28
(b) a business or financial interest together with another person who 29
s 148 83 s 148
Lotteries
is a prospective lottery licensee. 1
(2) However, this section applies only if the key official has been given a 2
direction by the chief executive not to have a financial relationship with a 3
lottery licensee or agent. 4
(3) Immediately after the key official becomes aware that the other 5
person is a prospective lottery licensee, the official must give written notice 6
of the official's association or interest to the chief executive. 7
Maximum penalty--40 penalty units. 8
(4) The chief executive may, by written notice given to the key official, 9
direct the official to end the association, or give up the interest, within the 10
time stated in the notice. 11
(5) However, the chief executive may give the direction only if the chief 12
executive considers it appropriate to take the action in the public interest. 13
(6) A key official to whom a direction is given must comply with the 14
direction within the time stated in the notice. 15
Maximum penalty--40 penalty units. 16
(7) In this section-- 17
"prospective lottery licensee" means a person who has applied for a 18
licence as a lottery licensee but whose application has not yet been 19
decided. 20
of lottery licensees and agents with key officials 21
Relationship
148.(1) This section applies only to a key official who has been given a 22
direction by the chief executive not to have a financial relationship with a 23
lottery licensee or agent. 24
(2) Also, this section applies only if the lottery licensee or the lottery 25
agent knows, or ought reasonably to know, that the key official is a key 26
official to whom this section applies. 27
(3) The lottery licensee or lottery agent must not-- 28
(a) employ the key official in any capacity; or 29
(b) knowingly have, directly or indirectly-- 30
(i) a business or financial association with the key official; or 31
s 149 84 s 150
Lotteries
(ii) a business or financial interest together with the key official. 1
Maximum penalty--40 penalty units. 2
(4) The lottery licensee or agent must not, for 1 year after the person 3
ceases to be a key official, without the chief executive's approval-- 4
(a) employ the person in any capacity; or 5
(b) knowingly have, directly or indirectly-- 6
(i) a business or financial association with the person; or 7
(ii) a business or financial interest together with the person. 8
Maximum penalty for subsection (4)--40 penalty units. 9
by minors prohibited 10
Participation
149.(1) A person involved in the conduct of an approved lottery must not 11
accept an entry form, or money or other consideration for a lottery ticket, 12
for the lottery from a minor. 13
Maximum penalty--40 penalty units. 14
(2) It is a defence to a charge against subsection (1) to prove that the 15
defendant had no reason to believe, and did not believe, that the person from 16
whom the entry form, money or other consideration was accepted was a 17
minor. 18
etc. terms prohibited 19
Obscene
150.(1) A person must not give to a lottery licensee or lottery agent-- 20
(a) an entry form containing a name or designation that is obscene, 21
indecent or offensive; or 22
(b) for inclusion on an entry form a name or designation that is 23
obscene, indecent or offensive. 24
Maximum penalty--20 penalty units. 25
(2) A lottery licensee or a lottery agent may refuse to accept an entry 26
form, name or designation that the licensee or agent reasonably considers is 27
given in contravention of subsection (1). 28
s 151 85 s 152
Lotteries
by certain persons 1
Offences
151.(1) Except as authorised under an agency agreement, a person (other 2
than a lottery licensee) must not-- 3
(a) for the person's gain or reward-- 4
(i) induce anyone else to take part in an approved lottery; or 5
(ii) offer to anyone else an opportunity to take part in an 6
approved lottery; or 7
(iii) distribute or supply entry forms for an approved lottery or 8
lottery tickets, or cause entry forms for an approved lottery 9
or lottery tickets to be distributed or supplied to persons 10
other than lottery licensees or agents; or 11
(b) advertise or publicly promote subscription to, or taking part in, an 12
approved lottery. 13
Maximum penalty--200 penalty units. 14
(2) A person must not, for an approved lottery, charge an amount for-- 15
(a) filling in an entry form; or 16
(b) depositing an entry form, directly or indirectly, with a lottery 17
licensee or a lottery agent; or 18
(c) submitting, or arranging for the submission of, an entry form to a 19
lottery licensee or a lottery agent; or 20
(d) collecting or distributing prizes. 21
Maximum penalty--200 penalty units. 22
(3) A person must not hold himself or herself out, by advertisement or in 23
another way, to be available to perform a service mentioned in 24
subsection (2). 25
Maximum penalty for subsection (3)--200 penalty units. 26
licensee not to publish identity of participant in certain cases 27
Lottery
152. If a lottery participant asks a lottery licensee for anonymity, the 28
lottery licensee must not publish the name, or other identifying particulars, 29
of the participant so that it becomes or is likely to become publicly known 30
s 153 86 s 156
Lotteries
that the person has participated, or has won or claimed a prize, in an 1
approved lottery. 2
Maximum penalty--40 penalty units. 3
ART 8--INVESTIGATION AND ENFORCEMENT 4
P
1--Inspectors 5
Division
who are inspectors 6
Persons
153. A person who is an inspector under a Gaming Act is an inspector 7
for this Act. 8
9
Powers
154.(1) For this Act, an inspector has the powers given under this Act. 10
(2) An inspector is subject to the directions of the chief executive in 11
exercising the powers. 12
(3) An inspector's powers may be limited-- 13
(a) under a regulation; or 14
(b) by written notice given by the chief executive to the inspector. 15
of office 16
Term
155. A person ceases to hold office as an inspector under this Act if the 17
person ceases to hold office as an inspector under a Gaming Act (and does 18
not remain an inspector under some other Gaming Act). 19
cards 20
Identity
156.(1) An inspector must have an identity card. 21
(2) An inspector's identity card is the identity card given to the person as 22
s 157 87 s 158
Lotteries
an inspector under a Gaming Act. 1
(3) The identity card must identify the person as an inspector for this Act. 2
or display of identity card 3
Production
157.(1) An inspector may exercise a power in relation to someone else 4
(the "other person") only if the inspector-- 5
(a) first produces the inspector's identity card for the other person's 6
inspection; or 7
(b) has the identity card displayed so it is clearly visible to the other 8
person. 9
(2) However, if for any reason it is not practicable to comply with 10
subsection (1) before exercising the power, the inspector must produce the 11
identity card for the other person's inspection at the first reasonable 12
opportunity. 13
Division 2--Powers of inspectors 14
1--Power to enter places 15
Subdivision
without consent or warrant 16
Entry
158. An inspector may, without the occupier's consent or a warrant, 17
enter-- 18
(a) a public place; or 19
(b) a place where a lottery is being, or is about to be, conducted under 20
a lottery licence; or 21
(c) a place where a lottery licensee or a lottery agent carries on 22
business at any time when the place is open for carrying on 23
business or otherwise open for entry; or 24
(d) the land around premises to ask its occupier for consent to enter 25
the premises. 26
s 159 88 s 161
Lotteries
with consent or warrant 1
Entry
159. Unless an inspector is authorised to enter a place under section 158, 2
an inspector may enter a place only if-- 3
(a) its occupier consents to the entry; or 4
(b) the entry is authorised by a warrant. 5
Subdivision 2--Consents and warrants for entry 6
to entry 7
Consent
160.(1) This section applies if an inspector intends to ask an occupier of a 8
place to consent to the inspector or another inspector entering the place. 9
(2) Before asking for the consent, the inspector must tell the occupier-- 10
(a) the purpose of the entry; and 11
(b) that the occupier is not required to consent. 12
(3) If the consent is given, the inspector may ask the occupier to sign an 13
acknowledgment of the consent (a "consent acknowledgment"). 14
(4) The acknowledgment must state-- 15
(a) the occupier has been told-- 16
(i) the purpose of the entry; and 17
(ii) that the occupier is not required to consent; and 18
(b) the purpose of the entry; and 19
(c) the occupier gives the inspector consent to enter the place and 20
exercise powers under this part; and 21
(d) the time and date the consent was given. 22
(5) If the occupier signs a consent acknowledgment, the inspector must 23
promptly give a copy to the occupier. 24
of consent 25
Evidence
161.(1) Subsection (2) applies if-- 26
s 162 89 s 163
Lotteries
(a) an issue arises in a court proceeding whether the occupier of a 1
place consented to an inspector entering the place under this part; 2
and 3
(b) a consent acknowledgment is not produced in evidence for the 4
entry; and 5
(c) it is not proved the occupier consented to the entry. 6
(2) The court may presume the occupier did not consent. 7
for warrant 8
Application
162.(1) An inspector may apply to a magistrate for a warrant for a place. 9
(2) The application must be sworn and state the grounds on which the 10
warrant is sought. 11
(3) The magistrate may refuse to consider the application until the 12
inspector gives the magistrate all the information the magistrate requires 13
about the application in the way the magistrate requires. 14
15
Example--
16
The magistrate may require additional information supporting the application to
17
be given by statutory declaration.
of warrant 18
Issue
163.(1) The magistrate may issue a warrant only if the magistrate is 19
satisfied there are reasonable grounds for suspecting-- 20
(a) there is a particular thing or activity (the "evidence") that may 21
provide evidence of an offence against this Act; and 22
(b) the evidence is at the place, or may be at the place, within the next 23
7 days. 24
(2) The warrant must state-- 25
(a) that a stated inspector may, with necessary and reasonable help 26
and force, enter the place and exercise the inspector's powers 27
under this part; and 28
(b) the offence for which the warrant is sought; and 29
s 164 90 s 164
Lotteries
(c) the evidence that may be seized under the warrant; and 1
(d) the hours of the day or night when the place may be entered; and 2
(e) the date, within 14 days after the warrant's issue, the warrant 3
ends. 4
warrants 5
Special
164.(1) An inspector may apply for a warrant (a "special warrant") by 6
phone, fax, radio or another form of communication if the inspector 7
considers it necessary because of-- 8
(a) urgent circumstances; or 9
(b) other special circumstances, including, for example, the 10
inspector's remote location. 11
(2) Before applying for the warrant, the inspector must prepare an 12
application stating the grounds on which the warrant is sought. 13
(3) The inspector may apply for the warrant before the application is 14
sworn. 15
(4) After issuing the warrant, the magistrate must promptly fax a copy to 16
the inspector if it is reasonably practicable to fax the copy. 17
(5) If it is not reasonably practicable to fax a copy to the inspector-- 18
(a) the magistrate must tell the inspector-- 19
(i) what the terms of the warrant are; and 20
(ii) the date and time the warrant was issued; and 21
(b) the inspector must complete a form of warrant (a "warrant 22
form") and write on it-- 23
(i) the magistrate's name; and 24
(ii) the date and time the magistrate issued the warrant; and 25
(iii) the terms of the warrant. 26
(6) The facsimile warrant, or the warrant form properly completed by the 27
inspector, authorises the entry and the exercise of the other powers stated in 28
the warrant issued by the magistrate. 29
s 165 91 s 166
Lotteries
(7) The inspector must, at the first reasonable opportunity, send to the 1
magistrate-- 2
(a) the sworn application; and 3
(b) if the inspector completed a warrant form--the completed 4
warrant form. 5
(8) On receiving the documents, the magistrate must attach them to the 6
warrant. 7
about special warrants 8
Evidence
165.(1) Subsection (2) applies if-- 9
(a) an issue arises in a court proceeding whether a power exercised 10
by an inspector was not authorised by a special warrant; and 11
(b) the warrant is not produced in evidence. 12
(2) The court must presume the exercise of the power was not authorised 13
by a special warrant, unless the contrary is proved. 14
Subdivision 3--General powers 15
powers after entering places 16
General
166.(1) This section applies to an inspector who enters a place. 17
(2) However, if an inspector enters a place to get the occupier's consent 18
to enter premises, this section applies to the inspector only if the consent is 19
given or the entry is otherwise authorised. 20
(3) For monitoring or enforcing compliance with this Act, the inspector 21
may-- 22
(a) search any part of the place; or 23
(b) inspect, measure, test, photograph or film any part of the place or 24
anything at the place; or 25
(c) take a thing, or a sample of or from a thing, at the place for 26
analysis or testing; or 27
(d) copy a document at the place; or 28
s 167 92 s 168
Lotteries
(e) access, electronically or in some other way, a system used at the 1
place for conducting a lottery or other gaming scheme or for 2
administrative purposes related to the conduct of a lottery or other 3
gaming scheme; or 4
(f) take into or onto the place any person, equipment and materials 5
the inspector reasonably requires for exercising a power under 6
this part; or 7
(g) require the occupier of the place, or a person at the place, to give 8
the inspector reasonable help to exercise the inspector's powers 9
under paragraphs (a) to (f); or 10
(h) require the occupier of the place, or a person at the place, to give 11
the inspector information to help the inspector ascertain whether 12
this Act is being complied with. 13
(4) When making a requirement mentioned in subsection (3)(g) or (h), 14
the inspector must warn the person it is an offence to fail to comply with the 15
requirement, unless the person has a reasonable excuse. 16
to help inspector 17
Failure
167.(1) A person required to give reasonable help under 18
section 166(3)(g) must comply with the requirement, unless the person has 19
a reasonable excuse. 20
Maximum penalty--40 penalty units. 21
(2) If the requirement is to be complied with by the person giving 22
information, or producing a document (other than a document required to 23
be kept by the person under this Act), it is a reasonable excuse for the 24
person to fail to comply with the requirement, if complying with the 25
requirement might tend to incriminate the person. 26
to give information 27
Failure
168.(1) A person of whom a requirement is made under 28
section 166(3)(h) must comply with the requirement, unless the person has 29
a reasonable excuse. 30
Maximum penalty--40 penalty units. 31
s 169 93 s 171
Lotteries
(2) It is a reasonable excuse for the person to fail to comply with the 1
requirement if complying with the requirement might tend to incriminate 2
the person. 3
of police officers 4
Role
169.(1) An inspector may ask a police officer to help the inspector in the 5
exercise of a power under this part. 6
(2) The police officer must give the inspector the reasonable help the 7
inspector requires, if it is practicable to give the help. 8
Subdivision 4--Power to seize evidence 9
evidence at place that may be entered without consent or 10
Seizing
warrant 11
170. An inspector who enters a place that may be entered under this part 12
without the consent of the occupier and without a warrant, may seize a thing 13
at the place if the inspector reasonably believes the thing is evidence of an 14
offence against this Act. 15
evidence at places that may only be entered with consent or 16
Seizing
warrant 17
171.(1) This section applies if-- 18
(a) an inspector is authorised to enter a place under this part only with 19
the consent of the occupier or a warrant; and 20
(b) the inspector enters the place after obtaining the necessary consent 21
or warrant. 22
(2) If the inspector enters the place with the occupier's consent, the 23
inspector may seize a thing at the place if-- 24
(a) the inspector reasonably believes the thing is evidence of an 25
offence against this Act; and 26
(b) seizure of the thing is consistent with the purpose of entry as told 27
to the occupier when asking for the occupier's consent. 28
s 172 94 s 173
Lotteries
(3) If the inspector enters the place with a warrant, the inspector may 1
seize the evidence for which the warrant was issued. 2
(4) The inspector may also seize anything else at the place if the inspector 3
reasonably believes-- 4
(a) the thing is evidence of an offence against this Act; and 5
(b) the seizure is necessary to prevent the thing being-- 6
(i) hidden, lost or destroyed; or 7
(ii) used to continue, or repeat, the offence. 8
(5) Also, the inspector may seize a thing at the place if the inspector 9
reasonably believes it has just been used in committing an offence against 10
this Act. 11
things after seizure 12
Securing
172. Having seized a thing, an inspector may-- 13
(a) move the thing from the place where it was seized (the "place of 14
seizure"); or 15
(b) leave the thing at the place of seizure but take reasonable action to 16
restrict access to it. 17
18
Examples of restricting access to a thing--
19
1. Sealing a thing and marking it to show access to it is restricted.
20
2. Sealing the entrance to a room where the thing is situated and marking it to
21
show access to it is restricted.
with things subject to seizure 22
Tampering
173. If an inspector restricts access to a thing subject to seizure, a person 23
must not tamper, or attempt to tamper, with the thing, or something 24
restricting access to the thing, without an inspector's approval. 25
Maximum penalty--40 penalty units. 26
s 174 95 s 175
Lotteries
to support seizure 1
Powers
174.(1) To enable a thing to be seized, an inspector may require the 2
person in control of it-- 3
(a) to take it to a stated reasonable place by a stated reasonable time; 4
and 5
(b) if necessary, to remain in control of it at the stated place for a 6
reasonable time. 7
(2) The requirement-- 8
(a) must be made by notice in the approved form; or 9
(b) if for any reason it is not practicable to give the notice, may be 10
made orally and confirmed by notice in the approved form as 11
soon as practicable. 12
(3) A person of whom a requirement is made must comply with the 13
requirement, unless the person has a reasonable excuse. 14
Maximum penalty--40 penalty units. 15
(4) A further requirement may be made under this section about the 16
same thing if it is necessary and reasonable to make the further requirement. 17
to be given on seizure 18
Receipts
175.(1) As soon as practicable after an inspector seizes a thing, the 19
inspector must give a receipt for it to the person from whom it was seized. 20
(2) However, if for any reason it is not practicable to comply with 21
subsection (1), the inspector must leave the receipt at the place of seizure in 22
a conspicuous position and in a reasonably secure way. 23
(3) The receipt must describe generally each thing seized and its 24
condition. 25
(4) This section does not apply to a thing if it is impracticable or would 26
be unreasonable to give the receipt (given the thing's nature, condition and 27
value). 28
s 176 96 s 176
Lotteries
1
Forfeiture
176.(1) A thing that has been seized under this part is forfeited to the 2
State if the inspector who seized the thing-- 3
(a) cannot find its owner, after making reasonable inquiries; or 4
(b) cannot return it to its owner, after making reasonable efforts; or 5
(c) reasonably believes it is necessary to retain the thing to prevent it 6
being used to commit an offence against this Act. 7
(2) In applying subsection (1)-- 8
(a) subsection (1)(a) does not require the inspector to make inquiries 9
if it would be unreasonable to make inquiries to find the owner; 10
and 11
(b) subsection (1)(b) does not require the inspector to make efforts if 12
it would be unreasonable to make efforts to return the thing to its 13
owner. 14
(3) If the inspector decides to forfeit a thing under subsection (1)(c), the 15
inspector must tell the owner of the decision by written notice. 16
(4) Subsection (3) does not apply if-- 17
(a) the inspector cannot find the owner, after making reasonable 18
inquiries; or 19
(b) it is impracticable or would be unreasonable to give the notice. 20
(5) The notice must state-- 21
(a) the reasons for the decision; and 22
(b) that the owner may appeal against the decision to a Magistrates 23
Court within 28 days; and 24
(c) how the appeal may be made; and 25
(d) that the owner may apply for a stay of the decision if the owner 26
appeals against the decision. 27
(6) Regard must be had to a thing's nature, condition and value-- 28
(a) in deciding-- 29
(i) whether it is reasonable to make inquiries or efforts; and 30
s 177 97 s 179
Lotteries
(ii) if making inquiries or efforts--what inquiries or efforts are 1
reasonable; or 2
(b) in deciding whether it would be unreasonable to give notice about 3
a thing. 4
of things that have been seized 5
Return
177.(1) If a thing has been seized but not forfeited, the inspector must 6
return it to its owner-- 7
(a) at the end of 6 months; or 8
(b) if a proceeding for an offence involving the thing is started within 9
6 months--at the end of the proceeding and any appeal from the 10
proceeding. 11
(2) Despite subsection (1), unless the thing has been forfeited, the 12
inspector must promptly return a thing seized as evidence to its owner if the 13
inspector stops being satisfied its continued retention as evidence is 14
necessary. 15
to things that have been seized 16
Access
178.(1) Until a thing that has been seized is forfeited or returned, an 17
inspector must allow its owner to inspect it and, if it is a document, to copy 18
it. 19
(2) Subsection (1) does not apply if it is impracticable or would be 20
unreasonable to allow the inspection or copying. 21
5--Power to give directions to stop using things 22
Subdivision
to stop using thing 23
Direction
179.(1) This section applies if an inspector reasonably believes-- 24
(a) a thing used in the conduct of approved lotteries is unsatisfactory 25
for the purpose for which it is used; and 26
(b) the continued use of the thing may-- 27
s 180 98 s 181
Lotteries
(i) jeopardise the integrity of the conduct of approved lotteries; 1
or 2
(ii) adversely affect the public interest. 3
(2) The inspector may direct the person who has, or reasonably appears 4
to have, authority to exercise control over the thing to stop using the thing, 5
or allowing the thing to be used, in the conduct of approved lotteries. 6
about stop directions 7
Requirements
180.(1) A direction given to a person under section 179 (a "stop 8
direction") may be given orally or by written notice (a "stop notice"). 9
(2) However, if the direction is given orally, it must be confirmed by 10
written notice (also a "stop notice") given to the person as soon as 11
practicable. 12
(3) A stop direction may be given for a thing at a place occupied by a 13
lottery licensee, a lottery agent or other person involved in the conduct of an 14
approved lottery. 15
(4) A stop direction does not apply to a use of the thing carried out for 16
repairing or testing the thing. 17
(5) A stop notice must state-- 18
(a) the grounds on which the inspector believes the thing is 19
unsatisfactory; and 20
(b) the circumstances (if any) under which the stop direction may be 21
cancelled. 22
to comply with stop direction 23
Failure
181. A person to whom a stop direction is given must comply with the 24
direction. 25
Maximum penalty--40 penalty units. 26
s 182 99 s 183
Lotteries
6--Power to obtain information 1
Subdivision
to require name and address 2
Power
182.(1) This section applies if-- 3
(a) an inspector finds a person committing an offence against this 4
Act; or 5
(b) an inspector finds a person in circumstances that lead, or has 6
information that leads, the inspector reasonably to suspect the 7
person has just committed an offence against this Act. 8
(2) The inspector may require the person to state the person's name and 9
residential address. 10
(3) When making the requirement, the inspector must warn the person 11
that it is an offence to fail to state the person's name or residential address, 12
unless the person has a reasonable excuse. 13
(4) The inspector may require the person to give evidence of the 14
correctness of the stated name or residential address if the inspector 15
reasonably suspects the stated name or address to be false. 16
(5) Without limiting section 169,4 an inspector may ask a police officer 17
to help with the enforcement of this section. 18
(6) A requirement under subsection (2) or (4) is called a "personal 19
details requirement". 20
to give name or address 21
Failure
183.(1) A person of whom a personal details requirement is made must 22
comply with the requirement, unless the person has a reasonable excuse. 23
Maximum penalty--40 penalty units. 24
(2) A person does not commit an offence against subsection (1) if-- 25
(a) the person was required to state the person's name and residential 26
address by an inspector who suspected the person had committed 27
4 Section 169 (Role of police officers)
s 184 100 s 185
Lotteries
an offence against this Act; and 1
(b) the person is not proved to have committed the offence. 2
police officer may take for failure to give name and address 3
Steps
184. A police officer may take the following steps if a person fails to 4
comply with a personal details requirement-- 5
(a) the police officer may ask the person whether the person has a 6
reasonable excuse for not complying with the requirement; 7
(b) if the person gives an excuse, the police officer may ask for 8
details or further details of the excuse; 9
(c) if the person does not answer the question or gives an excuse the 10
police officer reasonably believes is not a reasonable excuse, the 11
officer may-- 12
(i) tell the person that the officer is considering arresting the 13
person for failing to comply with the requirement; and 14
(ii) require the person to state the person's name and residential 15
address (or, if the person has no residential address, an 16
address at which the person can most likely be contacted); 17
and 18
(iii) if the police officer reasonably suspects a stated name or 19
address is false--require the person to give evidence of the 20
correctness of the stated name or address; 21
(d) the police officer may arrest the person without a warrant if the 22
officer reasonably believes-- 23
(i) the person has not complied with a requirement of the 24
officer under paragraph (c)(ii) or (iii); and 25
(ii) proceedings by way of complaint and summons against the 26
person for an offence against section 183 would be 27
ineffective. 28
to require production of documents 29
Power
185.(1) An inspector may require a person to make available for 30
s 186 101 s 186
Lotteries
inspection by an inspector, or produce to the inspector for inspection, at a 1
reasonable time and place nominated by the inspector-- 2
(a) a document issued to the person under this Act; or 3
(b) a document required to be kept by the person under this Act; or 4
(c) if the person is a lottery licensee--a document kept by the 5
licensee about the conduct of lotteries by the licensee; or 6
(d) if the person is a lottery agent--a document kept by the agent 7
about the conduct of lotteries by the lottery licensee by whom the 8
agent is appointed. 9
(2) The inspector may keep the document to copy it. 10
(3) If the inspector copies the document, or an entry in the document, the 11
inspector may require the person responsible for keeping the document to 12
certify the copy as a true copy of the document or entry. 13
(4) The inspector must return the document to the person as soon as 14
practicable after copying it. 15
(5) However, if a requirement (a "document certification 16
requirement") is made of a person under subsection (3), the inspector may 17
keep the document until the person complies with the requirement. 18
(6) A requirement under subsection (1) is called a "document 19
production requirement". 20
to produce document 21
Failure
186.(1) A person of whom a document production requirement is made 22
must comply with the requirement, unless the person has a reasonable 23
excuse. 24
Maximum penalty--40 penalty units. 25
(2) It is a reasonable excuse for a person not to comply with a document 26
production requirement if complying with the requirement might tend to 27
incriminate the person. 28
s 187 102 s 188
Lotteries
to certify copy of document 1
Failure
187. A person of whom a document certification requirement is made 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--40 penalty units. 5
to require attendance of persons 6
Power
188.(1) An inspector may require a person, or an executive officer of a 7
corporation, of whom a document production requirement has been made 8
to attend before the inspector to answer questions or give information about 9
the document to which the document production requirement relates. 10
(2) An inspector may require any of the following persons to attend 11
before the inspector to answer questions or give information about the 12
operations of a lottery licensee conducted under a lottery licence-- 13
(a) the licensee or, if the licensee is a corporation, an executive officer 14
of the licensee; 15
(b) a licensed employee employed by the licensee; 16
(c) a lottery agent appointed by the licensee or, if the lottery agent is a 17
corporation, an executive officer of the corporation; 18
(d) an employee of a lottery agent mentioned in paragraph (c); 19
(e) another person associated with the operations or management 20
of-- 21
(i) the licensee; or 22
(ii) a lottery agent mentioned in paragraph (c). 23
(3) An inspector may require any of the following persons to attend 24
before the inspector to answer questions or give information about a lottery 25
agent's operations for the conduct of an approved lottery by the lottery 26
licensee by whom the agent is appointed-- 27
(a) the lottery agent or, if the agent is a corporation, an executive 28
officer of the agent; 29
(b) an employee of the lottery agent; 30
(c) the lottery licensee or, if the lottery licensee is a corporation, an 31
s 189 103 s 190
Lotteries
executive officer of the corporation; 1
(d) another person associated with the operations or management 2
of-- 3
(i) the lottery agent; or 4
(ii) the lottery licensee. 5
(4) A requirement made of a person under this section must-- 6
(a) be made by written notice given to the person; and 7
(b) state a reasonable time and place for the person's attendance. 8
(5) When making the requirement, the inspector must warn the person 9
that it is an offence to fail to comply with the requirement, unless the person 10
has a reasonable excuse. 11
to comply with requirement about attendance 12
Failure
189.(1) A person of whom a requirement is made under section 188 13
must not, unless the person has a reasonable excuse-- 14
(a) fail to attend before the inspector at the time and place stated in the 15
notice imposing the requirement; or 16
(b) when attending before the inspector-- 17
(i) fail to comply with a requirement to answer a question or 18
give information; or 19
(ii) state anything the person knows to be false or misleading in 20
a material particular. 21
Maximum penalty--40 penalty units. 22
(2) It is a reasonable excuse for a person to fail to comply with a 23
requirement to answer a question or give information if complying with the 24
requirement might tend to incriminate the person. 25
to require financial records 26
Power
190.(1) This section applies to a person who is the manager or other 27
principal officer at a place of business of a financial institution at which-- 28
(a) a lottery licensee keeps an account in relation to the licensee's 29
s 191 104 s 192
Lotteries
operations under a lottery licence; or 1
(b) a lottery agent keeps an account in relation to the agent's 2
operations. 3
(2) An inspector may, by written notice given to the person, require the 4
person to give to the inspector, within the time (not less than 7 days) stated 5
in the notice-- 6
(a) a statement of account for the account; or 7
(b) copies of cheques or other records relevant to the account; or 8
(c) other particulars or documents relevant to the account stated in the 9
notice. 10
(3) An inspector may make a requirement under subsection (2) 11
(a "financial records requirement") only with the written approval of the 12
chief executive. 13
of compliance with financial records requirement 14
Effect
191.(1) No liability for breach of trust or on any other basis attaches to a 15
person who is the manager or other principal officer at a place of business 16
of a financial institution merely because the person complies with a financial 17
records requirement. 18
(2) No liability for breach of trust or on any other basis attaches to a 19
financial institution merely because a person who is the manager or other 20
principal officer at a place of business of the institution complies with a 21
financial records requirement. 22
to comply with financial records requirement 23
Failure
192. A person of whom a financial records requirement is made must 24
comply with the requirement within the time stated in the relevant notice, 25
unless the person has a reasonable excuse. 26
Maximum penalty--40 penalty units. 27
s 193 105 s 194
Lotteries
Division 3--Powers of Minister 1
about management practice 2
Direction
193.(1) This section applies if the Minister reasonably believes-- 3
(a) the management, supervision or control of a part of a lottery 4
licensee's or agent's operations (the "management practice") is 5
unsatisfactory; and 6
(b) the management practice may-- 7
(i) compromise proper standards of integrity in the conduct of 8
approved lotteries by the lottery licensee; or 9
(ii) adversely affect the public interest in some other way. 10
(2) The Minister may direct the lottery licensee or the lottery agent to 11
stop, or change, the management practice. 12
(3) The direction must-- 13
(a) be in writing; and 14
(b) state the grounds on which the Minister believes the management 15
practice is unsatisfactory; and 16
(c) if the person is required to change the management 17
practice--clearly describe how the practice is to be changed; and 18
(d) state when the person is required to comply with the direction. 19
(4) A person to whom a direction is given must comply with the 20
direction, unless the person has a reasonable excuse. 21
Maximum penalty for subsection (4)--40 penalty units. 22
Division 4--General enforcement matters 23
on conviction 24
Forfeiture
194.(1) On conviction of a person for an offence against this Act, the 25
court may order the forfeiture to the State of-- 26
(a) anything used to commit the offence; or 27
s 195 106 s 196
Lotteries
(b) anything else the subject of the offence. 1
(2) The court may make the order-- 2
(a) whether or not the thing has been seized; and 3
(b) if the thing has been seized--whether or not the thing has been 4
returned to its owner. 5
(3) The court may make any order to enforce the forfeiture it considers 6
appropriate. 7
(4) This section does not limit the court's powers under the Penalties 8
and Sentences Act 1992 or another law. 9
with forfeited things 10
Dealing
195.(1) On the forfeiture of a thing to the State, the thing becomes the 11
State's property and may be dealt with by the chief executive as the chief 12
executive considers appropriate. 13
(2) Without limiting subsection (1), the chief executive may destroy the 14
thing. 15
of damage 16
Notice
196.(1) This section applies if-- 17
(a) an inspector damages something when exercising or purporting 18
to exercise a power; or 19
(b) a person (the "other person") acting under the direction of an 20
inspector damages something. 21
(2) The inspector must promptly give written notice of particulars of the 22
damage to the person who appears to the inspector to be the owner of the 23
thing. 24
(3) If the inspector believes the damage was caused by a latent defect in 25
the thing or circumstances beyond the inspector's or other person's control, 26
the inspector may state that belief in the notice. 27
(4) If, for any reason, it is impracticable to comply with subsection (2), 28
the inspector must leave the notice in a conspicuous position and in a 29
reasonably secure way where the damage happened. 30
s 197 107 s 198
Lotteries
(5) This section does not apply to damage the inspector reasonably 1
considers trivial. 2
(6) In this section-- 3
"owner", of a thing, includes the person in possession or control of it. 4
5
Compensation
197.(1) A person may claim compensation from the State if the person 6
incurs loss or expense because of the exercise or purported exercise of a 7
power under any of the following subdivisions of division 25-- 8
· subdivision 1 (Power to enter places) 9
· subdivision 3 (General powers) 10
· subdivision 4 (Power to seize evidence) 11
· subdivision 6 (Power to obtain information). 12
(2) Without limiting subsection (1), compensation may be claimed for 13
loss or expense incurred in complying with a requirement made of the 14
person under the subdivision. 15
(3) Compensation may be claimed and ordered in a proceeding-- 16
(a) brought in a court with jurisdiction in proceedings for the 17
recovery of the amount of compensation claimed; or 18
(b) for an offence against this Act brought against the person 19
claiming compensation. 20
(4) A court may order compensation to be paid only if it is satisfied it is 21
just to make the order in the circumstances of the particular case. 22
(5) A regulation may prescribe matters that may, or must, be taken into 23
account by the court when considering whether it is just to make the order. 24
officials from liability 25
Protecting
198.(1) In this section-- 26
"official" means-- 27
5 Division 2 (Powers of inspectors)
s 199 108 s 200
Lotteries
(a) the Minister; or 1
(b) the chief executive; or 2
(c) an inspector; or 3
(d) a person acting under the direction of an inspector. 4
(2) An official is not civilly liable for an act done, or omission made, 5
honestly and without negligence under this Act. 6
(3) If subsection (2) prevents a civil liability attaching to an official, the 7
liability attaches instead to the State. 8
Division 5--General enforcement offences 9
or misleading statements 10
False
199.(1) A person must not state anything to an inspector the person 11
knows to be false or misleading in a material particular. 12
Maximum penalty--40 penalty units. 13
(2) It is enough for a complaint for an offence against subsection (1) to 14
state that the statement made was false or misleading to the person's 15
knowledge. 16
misleading or incomplete documents 17
False,
200.(1) A person must not give an inspector a document containing 18
information the person knows to be false, misleading or incomplete in a 19
material particular. 20
Maximum penalty--40 penalty units. 21
(2) Subsection (1) does not apply to a person if the person, when giving 22
the document-- 23
(a) tells the inspector, to the best of the person's ability, how it is 24
false, misleading or incomplete; and 25
(b) if the person has, or can reasonably obtain, the correct 26
information--gives the correct information. 27
(3) Also, a person must not make an entry in a document required or 28
s 201 109 s 202
Lotteries
permitted to be made or kept under this Act knowing the entry to be false, 1
misleading or incomplete in a material particular. 2
Maximum penalty--40 penalty units. 3
(4) It is enough for a complaint for an offence against subsection (1) or 4
(3) to state that the document or entry was false, misleading or incomplete 5
to the person's knowledge. 6
inspectors 7
Obstructing
201.(1) A person must not obstruct an inspector in the exercise of a 8
power, unless the person has a reasonable excuse for the obstruction. 9
Maximum penalty--40 penalty units. 10
(2) If a person has obstructed an inspector and the inspector decides to 11
proceed with the exercise of the power, the inspector must warn the person 12
that-- 13
(a) it is an offence to obstruct the inspector, unless the person has a 14
reasonable excuse; and 15
(b) the inspector considers the person's conduct an obstruction. 16
(3) If, after an inspector has warned the person, the person continues 17
with the conduct or repeats the conduct, the inspector may ask a police 18
officer to help with the enforcement of this section. 19
(4) Subsection (3) does not limit section 169.6 20
police officer may take against obstruction 21
Steps
202. A police officer may take the following steps if a person has 22
obstructed an inspector-- 23
(a) the police officer may ask the person whether the person has a 24
reasonable excuse for the conduct; 25
(b) if the person gives an excuse, the police officer may ask for 26
details or further details of the excuse; 27
(c) if the person does not answer the question or gives an excuse the 28
6 Section 169 (Role of police officers)
s 203 110 s 204
Lotteries
police officer reasonably believes not to be a reasonable excuse, 1
the officer may-- 2
(i) tell the person that the officer is considering arresting the 3
person for obstruction; and 4
(ii) require the person to stop, or not repeat, the conduct; 5
(d) the police officer may arrest the person without a warrant if the 6
officer reasonably believes-- 7
(i) the person has not complied with a requirement of the 8
officer under paragraph (c)(ii); and 9
(ii) proceedings by way of complaint and summons against the 10
person for an offence against section 201 would be 11
ineffective. 12
PART 9--LEGAL PROCEEDINGS 13
1--Evidence 14
Division
of division 15
Application
203. This division applies to a proceeding under this Act. 16
and authority 17
Appointments
204. It is not necessary to prove-- 18
(a) the chief executive's appointment; or 19
(b) an inspector's appointment under a Gaming Act; or 20
(c) the authority of the chief executive or an inspector to do anything 21
under this Act. 22
s 205 111 s 206
Lotteries
1
Signatures
205. A signature purporting to be the signature of the chief executive or 2
an inspector is evidence of the signature it purports to be. 3
aids 4
Evidentiary
206.(1) A certificate purporting to be signed by the chief executive stating 5
any of the following matters is evidence of the matter-- 6
(a) a stated document is one of the following things made, given, 7
issued or kept under this Act-- 8
(i) an appointment, approval or decision; 9
(ii) a notice, direction or requirement; 10
(iii) a licence; 11
(iv) a record, or an extract from a record; 12
(b) a stated document is another document kept under this Act; 13
(c) a stated document is a copy of a thing mentioned in paragraph (a) 14
or (b); 15
(d) on a stated day, or during a stated period, a stated person was or 16
was not the holder of a licence; 17
(e) on a stated day, or during a stated period, a licence-- 18
(i) was or was not in force; or 19
(ii) was or was not subject to a stated condition; 20
(f) on a stated day, a licence was suspended for a stated period or 21
cancelled; 22
(g) on a stated day, or during a stated period, a stated appointment 23
(including a person's appointment as an inspector under a 24
Gaming Act) or a stated approval was, or was not, in force for a 25
stated person or thing; 26
(h) on a stated day, a stated person was given a stated notice or 27
direction under this Act; 28
(i) on a stated day, a stated requirement was made of a stated person; 29
s 207 112 s 208
Lotteries
(j) a stated amount is payable under this Act by a stated person and 1
has not been paid; 2
(k) anything else prescribed under a regulation. 3
(2) In this section-- 4
"licence" means a lottery licence or a key person licence. 5
Division 2--Proceedings 6
and summary offences 7
Indictable
207.(1) An offence against section 140, 141, or 1437 is an indictable 8
offence. 9
(2) Any other offence against this Act is a summary offence. 10
for indictable offences 11
Proceedings
208.(1) A proceeding for an indictable offence against this Act may be 12
taken, at the election of the prosecution-- 13
(a) by way of summary proceedings under the Justices Act 1886; or 14
(b) on indictment. 15
(2) A magistrate must not hear an indictable offence summarily if-- 16
(a) the defendant asks at the start of the hearing that the charge be 17
prosecuted on indictment; or 18
(b) the magistrate considers the charge should be prosecuted on 19
indictment. 20
(3) If subsection (2) applies-- 21
(a) the magistrate must proceed by way of an examination of 22
witnesses for an indictable offence; and 23
(b) a plea of the person charged at the start of the proceedings must 24
be disregarded; and 25
7 Section 140 (Cheating), 141 (Forgery and deception) or 143 (Bribery)
s 209 113 s 211
Lotteries
(c) evidence brought in the proceedings before the magistrate decided 1
to act under subsection (2) is taken to be evidence in the 2
proceeding for the committal of the person for trial or sentence; 3
and 4
(d) before committing the person for trial or sentence, the magistrate 5
must make a statement to the person as required by the Justices 6
Act 1886, section 104(2)(b).8 7
(4) The maximum penalty that may be summarily imposed for an 8
indictable offence is 165 penalty units. 9
on who may summarily hear indictable offence 10
Limitation
proceedings 11
209.(1) A proceeding must be before a magistrate if it is a proceeding-- 12
(a) for the summary conviction of a person on a charge of an 13
indictable offence; or 14
(b) for an examination of witnesses for a charge of an indictable 15
offence. 16
(2) However, if a proceeding for an indictable offence is brought before a 17
justice who is not a magistrate, jurisdiction is limited to taking or making a 18
procedural action or order within the meaning of the Justices of the Peace 19
and Commissioners for Declarations Act 1991. 20
on time for starting summary proceedings 21
Limitation
210. A proceeding for an offence against this Act by way of summary 22
proceeding under the Justices Act 1886 may start at any time but if started 23
more than 1 year after the commission of the offence must start within 24
6 months after the offence comes to the complainant's knowledge. 25
for acts or omissions of representatives 26
Responsibility
211.(1) In this section-- 27
8 Section 104 (Proceedings upon an examination of witnesses in relation to an
indictable offence)
s 212 114 s 212
Lotteries
"representative" means-- 1
(a) of a corporation--an executive officer, employee or agent of the 2
corporation; or 3
(b) of an individual--an employee or agent of the individual. 4
"state of mind" of a person includes-- 5
(a) the person's knowledge, intention, opinion, belief or purpose; and 6
(b) the person's reasons for the intention, opinion, belief or purpose. 7
(2) Subsections (3) and (4) apply in a proceeding for an offence against 8
this Act. 9
(3) If it is relevant to prove a person's state of mind about a particular act 10
or omission, it is enough to show-- 11
(a) the act was done or omitted to be done by a representative of the 12
person within the scope of the representative's actual or apparent 13
authority; and 14
(b) the representative had the state of mind. 15
(4) An act done or omitted to be done for a person by a representative of 16
the person within the scope of the representative's actual or apparent 17
authority is taken to have been done or omitted to be done also by the 18
person, unless the person proves the person could not, by the exercise of 19
reasonable diligence, have prevented the act or omission. 20
officers must ensure corporation complies with Act 21
Executive
212.(1) The executive officers of a corporation must ensure the 22
corporation complies with this Act. 23
(2) If a corporation commits an offence against a provision of this Act, 24
each of the corporation's executive officers also commits an offence, 25
namely, the offence of failing to ensure that the corporation complies with 26
the provision. 27
Maximum penalty for subsection (2)--the penalty for the contravention of 28
the provision by an individual. 29
(3) Evidence that the corporation has been convicted of an offence 30
against a provision of this Act is evidence that each of the executive officers 31
s 213 115 s 215
Lotteries
committed the offence of failing to ensure that the corporation complies 1
with the provision. 2
(4) However, it is a defence for an executive officer to prove-- 3
(a) if the officer was in a position to influence the conduct of the 4
corporation in relation to the offence--the officer exercised 5
reasonable diligence to ensure the corporation complied with the 6
provision; or 7
(b) the officer was not in a position to influence the conduct of the 8
corporation in relation to the offence. 9
to commit offences 10
Attempts
213.(1) A person who attempts to commit an offence against this Act 11
commits an offence. 12
(2) The maximum penalty for an attempt is one-half the maximum 13
penalty for the completed offence. 14
(3) The Criminal Code, section 49 applies to subsection (1). 15
ART 10--APPEALS 16
P
by lottery licensees 17
Appeals
214. A lottery licensee may appeal against a decision of the chief 18
executive mentioned in schedule 2, part 1. 19
by applicants for key person licences 20
Appeals
215. An applicant for a key person licence may appeal against a decision 21
of the chief executive under section 4810 to refuse to grant the application. 22
9 Section 4 (Attempts to commit offences)
10 Section 48 (Consideration of application)
s 216 116 s 220
Lotteries
by licensees under key person licences 1
Appeals
216. A licensee under a key person licence may appeal against a decision 2
of the chief executive mentioned in schedule 2, part 2. 3
by lottery agents 4
Appeals
217. A lottery agent may appeal against a decision of the chief executive 5
mentioned in schedule 2, part 3. 6
by other persons 7
Appeals
218. The owner of a thing seized by an inspector may appeal against a 8
decision of an inspector under section 17611 to forfeit the thing. 9
to which appeal may be made 10
Court
219.(1) An appeal by a licensee under a key person licence or an 11
applicant for a key person licence may be made to the Magistrates Court 12
nearest the place where the appellant resides or carries on, or proposes to 13
carry on, employment, or activities as a key operator, under the licence. 14
(2) An appeal by a lottery licensee may be made to the Magistrates Court 15
nearest the place where the licensee resides or carries on operations under 16
the licence. 17
(3) An appeal by a lottery agent may be made to the Magistrates Court 18
nearest the place where the agent resides or carries on operations. 19
(4) An appeal by another person may be made to the Magistrates Court 20
nearest the place where the person resides or carries on business. 21
appeal 22
Starting
220.(1) An appeal is started by-- 23
(a) filing a written notice of appeal with the clerk of the court of the 24
Magistrates Court; and 25
11 Section 176 (Forfeiture)
s 221 117 s 222
Lotteries
(b) serving a copy of the notice on the person (the "decision 1
maker") who made the decision appealed against. 2
(2) The notice of appeal must be filed within 28 days after the appellant 3
receives notice of the decision. 4
(3) The court may at any time extend the period for filing the notice of 5
appeal. 6
(4) The notice of appeal must state fully the grounds of the appeal and the 7
facts relied on. 8
of operation of decisions 9
Stay
221.(1) The Magistrates Court may grant a stay of the operation of a 10
decision appealed against to secure the effectiveness of the appeal. 11
(2) A stay-- 12
(a) may be given on conditions the court considers appropriate; and 13
(b) operates for the period fixed by the court; and 14
(c) may be revoked or amended by the court. 15
(3) The period of a stay under this section must not extend past the time 16
when the court decides the appeal. 17
(4) An appeal against a decision affects the decision, or carrying out of 18
the decision, only if the decision is stayed. 19
procedures 20
Hearing
222.(1) In deciding an appeal, the Magistrates Court-- 21
(a) has the same powers as the decision maker; and 22
(b) is not bound by the rules of evidence; and 23
(c) must comply with natural justice; and 24
(d) may hear the appeal in court or chambers. 25
(2) An appeal is by way of rehearing. 26
s 223 118 s 225
Lotteries
of court on appeal 1
Powers
223.(1) In deciding an appeal, the Magistrates Court may-- 2
(a) confirm the decision; or 3
(b) set aside the decision and substitute another decision; or 4
(c) set aside the decision and return the issue to the decision maker 5
with the directions the court considers appropriate. 6
(2) If the Magistrates Court substitutes another decision, the substituted 7
decision is, for this Act (other than this part) taken to be the decision 8
maker's decision. 9
to District Court 10
Appeals
224. An appeal to a District Court from a decision of a Magistrates Court 11
may be made only on a question of law. 12
PART 11--MISCELLANEOUS 13
of information 14
Confidentiality
225.(1) A person who is, or was, an inspector, or officer or employee of 15
the department, must not disclose information gained by the person in 16
performing functions under this Act. 17
Maximum penalty--200 penalty units or 2 years imprisonment. 18
(2) Subsection (1) does not apply to the disclosure of information by a 19
person-- 20
(a) for a purpose under this Act or a Gaming Act; or 21
(b) with a lawful excuse; or 22
(c) under an approval of the chief executive under this section. 23
(3) The chief executive may approve the disclosure of information by a 24
person to-- 25
(a) an entity prescribed under a regulation; or 26
s 226 119 s 226
Lotteries
(b) an officer, employee or member of the entity; or 1
(c) a stated department, entity or person. 2
(4) Before giving an approval for subsection (3)(c), the chief executive 3
must-- 4
(a) give written notice of the proposed approval to any person whom 5
the chief executive considers likely to be affected adversely by the 6
disclosure; and 7
(b) give the person the opportunity of making a submission about the 8
proposed approval within the time (not less than 14 days) stated 9
in the notice. 10
(5) If information is disclosed to an entity or person under an approval 11
given by the chief executive, the entity or person, and any employee or other 12
person under the control of the entity or person, are taken to be persons to 13
whom subsection (1) applies and to have gained the information in 14
performing functions under this Act. 15
16
Delegations
226.(1) The Minister may delegate the Minister's powers under this Act 17
to the chief executive or an appropriately qualified officer of the department. 18
(2) The chief executive may delegate the chief executive's powers under 19
this Act to an appropriately qualified inspector or an appropriately qualified 20
officer of the department. 21
(3) The chief executive must notify lottery licensees of the current 22
delegations in force under this section from time to time. 23
(4) A contravention by the chief executive of subsection (3) does not 24
invalidate a delegation. 25
(5) In this section-- 26
"appropriately qualified" includes having the qualifications, experience or 27
standing appropriate to the exercise of the power. 28
29
Example of `standing'--
30
A person's classification level in the public service.
s 227 120 s 231
Lotteries
of forms 1
Approval
227. The chief executive may approve forms for use under this Act. 2
power 3
Regulation-making
228. The Governor in Council may make regulations under this Act. 4
ART 12--REPEALS, AMENDMENTS AND 5
P
TRANSITIONAL PROVISIONS 6
1--Repeals 7
Division
of Lotteries Act 1994 8
Repeal
229. The Lotteries Act 1994 is repealed. 9
to repealed Act 10
References
230. A reference in any other Act or instrument to the repealed Act is to 11
be read (where the context admits) as a reference to this Act. 12
2--Amendments 13
Division
of Art Unions Act 1992 14
Amendment
231.(1) The Art Unions Act 1992 is amended as set out in this section. 15
(2) Section 5-- 16
insert-- 17
`(3) However, a lottery conducted under the Lotteries Act 1997, or under 18
arrangements approved under that Act, is not an art union.'. 19
s 232 121 s 234
Lotteries
of Casino Control Act 1982 1
Amendment
232.(1) The Casino Control Act 1982 is amended as set out in this 2
section. 3
(2) Section 4(1), definition "Gaming Act"-- 4
omit, insert-- 5
` "Gaming Act" means any of the following Acts-- 6
· Art Unions Act 1992 7
· Gaming Machine Act 1991 8
· Keno Act 1996 9
· Lotteries Act 1997.'. 10
of Gaming Machine Act 1991 11
Amendment
233.(1) The Gaming Machine Act 1991 is amended as set out in this 12
section. 13
(2) Section 3, definition "Gaming Act"-- 14
omit, insert-- 15
` "Gaming Act" means any of the following Acts-- 16
· Art Unions Act 1992 17
· Casino Control Act 1982 18
· Keno Act 1996 19
· Lotteries Act 1997.'. 20
of Keno Act 1996 21
Amendment
234.(1) The Keno Act 1996 is amended as set out in this section. 22
(2) Schedule 4 (Dictionary), definition "Gaming Act"-- 23
omit, insert-- 24
` "Gaming Act" means any of the following Acts-- 25
· Art Unions Act 1992 26
s 235 122 s 237
Lotteries
· Casino Control Act 1982 1
· Gaming Machine Act 1991 2
· Lotteries Act 1997.'. 3
3--Transitional provisions 4
Division
of division 5
Application
235. This division applies only if, on the commencement day, the 6
corporation becomes the holder of a lottery licence. 7
8
Definitions
236. In this division-- 9
"commencement day" means the day on which the provision in which the 10
term is used commences. 11
"corporation" means the Golden Casket Lottery Corporation established 12
under the repealed Act and, if before or on the commencement day that 13
entity becomes a government owned corporation, includes the entity as 14
a government owned corporation. 15
"repealed Act" means the Lotteries Act 1994. 16
exclusive rights 17
Corporation's
237.(1) This section applies if the Minister issues a lottery licence to the 18
corporation before issuing a lottery licence to another person. 19
(2) The lottery licence may be issued as an exclusive licence for a 20
specified term and on specified conditions. 21
(3) The lottery licence may be issued on conditions about the exclusive 22
right of the corporation to conduct certain gaming schemes or classes of 23
gaming schemes. 24
s 238 123 s 240
Lotteries
of corporation's control system 1
Approval
238. This section applies if, on the commencement day, the corporation 2
makes a control system submission to the chief executive. 3
(2) The corporation's control system is taken to be an approved control 4
system until the chief executive approves or refuses to approve the control 5
system. 6
of corporation's regulated lottery equipment 7
Approval
239.(1) This section applies if, on the commencement day, the 8
corporation applies to the chief executive for approval of the corporation's 9
regulated lottery equipment. 10
(2) The corporation's regulated lottery equipment is taken to be approved 11
lottery equipment for the corporation until the chief executive approves or 12
refuses to approve the equipment. 13
in progress and unclaimed prize money at commencement 14
Lotteries
day 15
240.(1) A lottery that had been commenced under the repealed Act by the 16
corporation but not completed at the commencement day may be continued 17
and completed under this Act by the corporation. 18
(2) If, immediately before the commencement day, an amount was 19
identified in the corporation's accounting records under the repealed Act, 20
section 28(1) as unclaimed prize money for a lottery, the corporation-- 21
(a) must continue to identify the amount in its accounting records as 22
unclaimed prize money for the lottery until the end of 1 year after 23
the closure of the lottery; and 24
(b) may, at the end of the period mentioned in paragraph (a), use the 25
money as if it were money to which section 132(2) applied. 26
(3) If, before the commencement day, the corporation was entitled to use 27
unclaimed prize money for a lottery under the repealed Act, section 28(2) 28
but did not use the money under the subsection, the corporation may use the 29
money as if it were money to which section 132(2) applied. 30
s 241 124 s 243
Lotteries
operation for certain purposes of repealed Act 1
Continued
241.(1) Despite its repeal, the repealed Act, sections 17(2), 18 and 24(1) 2
to (5) (the "former provisions"), and the rules in force under the repealed 3
Act immediately before the commencement day (the "former rules"), 4
continue to operate, and apply to lotteries conducted under this Act by the 5
corporation, as if they were valid rules under this Act until the earlier of the 6
following-- 7
(a) the end of the period of 1 year from the commencement day; 8
(b) the commencement of rules made under this Act superseding the 9
relevant former provisions or rules. 10
(2) A rule expressed to supersede a former provision or rule operates to 11
the exclusion of the former provision or rule. 12
(3) In this section and for the former provisions and rules-- 13
"entry form" means a lottery ticket. 14
"selling fee" means the amount to which a lottery agent is entitled for 15
processing the entry form for a participant in the lottery concerned 16
under the agent's agency agreement. 17
"subscription" means the amount calculated by deducting any selling fee 18
from the price of a lottery ticket. 19
employees 20
Key
242.(1) This section applies to a key employee of the corporation who, 21
on the commencement day, applies to the chief executive to be licensed as 22
an employee under a key person licence. 23
(2) The key employee is taken to be a licensed employee until the chief 24
executive grants or refuses to grant the application. 25
agreements 26
Agency
243.(1) An agency agreement made under the repealed Act by the 27
corporation before and in force at the commencement day is taken to be an 28
agency agreement duly made in accordance with this Act. 29
(2) Within 7 days after the commencement day, the corporation must 30
s 244 125 s 246
Lotteries
give the chief executive a written notice informing the chief executive of the 1
name and place of operation of each lottery agent with whom the 2
corporation has an agency agreement to which this section applies. 3
(3) An agency agreement that continues in force under this section 4
terminates (if it does not terminate earlier for some other reason) when the 5
corporation ceases to be a lottery licensee. 6
with foreign agencies 7
Agreements
244. An agreement between the corporation and a foreign agency in force 8
immediately before the commencement day continues in force as an 9
approved arrangement under section 7.12 10
regulations 11
Transitional
245.(1) A regulation may make provision of a saving or transitional 12
nature for which-- 13
(a) it is necessary or convenient to assist the transition from the 14
conduct by the corporation of lotteries under the repealed Act to 15
the conduct by it of lotteries under this Act; and 16
(b) this Act does not make provision or sufficient provision. 17
(2) A regulation under this section may have retrospective operation to a 18
day not earlier than the commencement day. 19
(3) Subject to subsection (4), a regulation under this section expires 20
1 year after it is made. 21
(4) This section expires one year after the commencement day. 22
of Golden Casket Art Union Act 1978, s 22A 23
Re-enactment
246.(1) In this section-- 24
"Instant Casket" has the same meaning as it had for the purposes of the 25
Golden Casket Art Union Act 1978, section 22A. 26
"symbol" includes amount, word and number. 27
12 Section 7 (Foreign gaming schemes)
s 246 126 s 246
Lotteries
(2) This section is enacted to settle any doubt about whether tickets in 1
certain Instant Caskets conducted before the commencement day are tickets 2
that entitle the ticket holder to a prize. 3
(3) Subsections (5) and (6) apply to a ticket in an Instant Casket that 4
included a statement to the effect that a prize is won if a specified number of 5
symbols printed in a panel on the ticket are matched. 6
(4) Subsection (7) applies to a ticket in an Instant Casket whether or not it 7
included a statement to that effect. 8
(5) The ticket is a winning ticket only if the panel has printed in it the 9
specified number of the same symbol. 10
11
Example of winning ticket--
12
1. Statement on ticket--`Match 3 numbers and win'.
13
2. Panel on ticket.
14
7 1
15
Seven One
16
3 7
17
Three Seven
18
4 7
19
Four Seven
(6) The ticket is not a winning ticket if, for example, the panel has printed 20
in it the specified number of pairs of different symbols. 21
22
Example of non-winning ticket--
23
1. Statement on ticket--`Match 3 numbers and win'.
24
2. Panel on ticket.
25
7 1
26
Seven One
27
3 7
28
Three Seven
29
3 1
30
Three One
(7) In deciding whether a ticket is a winning ticket, a caption to a symbol 31
is taken to be part of the symbol and not a separate symbol. 32
127
Lotteries
CHEDULE 1 1
¡S
ECISIONS NOT SUBJECT TO APPEAL 2
D
section 39 3
PART 1--DECISIONS OF GOVERNOR IN COUNCIL 4
Section Description of decision
32 Suspending a lottery licence 5
32 Cancelling a lottery licence 6
32 Appointing an administrator to 7
conduct the operations of a lottery
licensee
34 For a lottery licence that is
suspended--cancelling or reducing
any remaining period of suspension
PART 2--DECISIONS OF MINISTER 8
Section Description of decision
10 Granting or refusing to grant an 9
application for a lottery licence
16 Imposing a condition on a lottery 10
licence
18 Changing conditions of a lottery 11
licence
28 Suspending a lottery licence 12
29 Censuring a lottery licensee 13
128
Lotteries
SCHEDULE 1 (continued)
30 Directing a lottery licensee to rectify 1
a matter
117 Giving, or refusing to give, an 2
approval for an ancillary lottery
agreement
120 Directing the termination of a 3
related agreement
193 Directing a lottery licensee or agent 4
to stop or change a management
practice
5
129
Lotteries
CHEDULE 2 1
¡S
ECISIONS OF CHIEF EXECUTIVE SUBJECT TO 2
D
APPEAL 3
sections 214, 216 and 217 4
PART 1--DECISIONS AFFECTING LOTTERY 5
LICENSEES 6
Section Description of decision
64 Suspending or cancelling a key 7
person licence
88 Directing lottery licensee to
terminate an agency agreement
PART 2--DECISIONS AFFECTING LICENSEES 8
UNDER KEY PERSON LICENCES 9
Section Description of decision
55 Imposing condition on key person 10
licence
56 Changing a condition of a key 11
person licence
57 Refusing to grant an application to 12
replace a key person licence
64 Suspending or cancelling a key
person licence
130
Lotteries
SCHEDULE 2 (continued)
PART 3--DECISIONS AFFECTING LOTTERY 1
AGENTS 2
Section Description of decision
88 Directing a lottery licensee to
terminate an agency agreement
3
131
Lotteries
CHEDULE 3 1
¡S
ICTIONARY 2
D
section 3 3
"accepted representations" for part 2, division 5, see section 27. 4
"accepted representations" for part 3, division 4, see section 60. 5
"accepted representations" for part 4, division 2, see section 84. 6
"accepted representations" for part 7, division 1, see section 119. 7
"agency agreement" see section 78. 8
"agency payment period", for an approved lottery, means the period 9
prescribed under the rules for the lottery during which a prize in a 10
drawing of the lottery may be claimed from a lottery agent. 11
"ancillary lottery agreement" see section 116. 12
"approved control system" means a control system approved by the chief 13
executive, and includes an approved control system changed under a 14
direction or approval of the chief executive. 15
"approved form" see section 227. 16
"approved lottery" means a lottery conducted by a lottery licensee under a 17
lottery licence. 18
"approved lottery equipment" means regulated lottery equipment 19
approved under section 133. 20
"approved place" see section 105. 21
"business associate", of a lottery agent, means a person whom the chief 22
executive reasonably believes to be associated with the ownership or 23
management of the agent's operations. 24
"business associate", of a lottery licensee, means a person whom the 25
Minister reasonably believes to be associated with the ownership or 26
management of the licensee's operations. 27
132
Lotteries
SCHEDULE 3 (continued)
"business associate", of an applicant for a lottery licence, means a person 1
who the Minister reasonably believes-- 2
(a) is associated with the ownership or management of the 3
applicant's operations; or 4
(b) will, if a lottery licence is issued to the applicant, be associated 5
with the ownership or management of the licensee's operations. 6
"closure", of a lottery, means-- 7
(a) if a computer system is used to issue lottery tickets for the 8
lottery--when the functioning computer system does not allow 9
the tickets to be issued for the lottery; or 10
(b) in any other case--the day fixed by the lottery licensee for the 11
closure of the lottery by notice displayed in the licensee's public 12
office. 13
"computer system" means a computer system operated by a lottery 14
licensee-- 15
(a) to process entry forms in a lottery; and 16
(b) to issue lottery tickets; and 17
(c) to identify whether an entry is a winning entry. 18
"condition notice" see section 18. 19
"conduct" includes promote, organise and operate. 20
"control system" means a system of internal controls and administrative 21
and accounting procedures for the conduct of lotteries by a lottery 22
licensee. 23
"control system (change) submission" see section 102. 24
"control system submission" see section 101. 25
"conviction" includes a plea of guilty or a finding of guilt by a court even 26
though a conviction is not recorded. 27
"document certification requirement" see section 185. 28
"document production requirement" see section 185. 29
133
Lotteries
SCHEDULE 3 (continued)
"employ" includes engage under a contract for services. 1
"employee" of a lottery licensee or a lottery agent means a person 2
employed by the licensee or agent in functions related to the conduct of 3
lotteries. 4
"entry form", for an approved lottery or other gaming scheme, means an 5
application form for tickets in the lottery or other gaming scheme 6
made available by the person conducting the lottery or other gaming 7
scheme for use by prospective participants. 8
"executive associate", of a lottery agent, means an executive officer of a 9
corporation, partner or trustee, or another person stated by the 10
Minister, whom the Minister reasonably believes to be associated with 11
the ownership or management of the operations of the agent. 12
"executive associate", of a lottery licensee, means an executive officer of a 13
corporation, partner or trustee, or another person stated by the 14
Minister, whom the Minister reasonably believes to be associated with 15
the ownership or management of the operations of the licensee. 16
"executive associate", of an applicant for a lottery licensee, means an 17
executive officer of a corporation, partner or trustee, or another person 18
stated by the Minister whom the Minister reasonably believes-- 19
(a) is associated with the ownership or management of the 20
applicant's operations; or 21
(b) will, if a lottery licence is issued to the applicant, be associated 22
with the ownership or management of the licensee's operations. 23
"executive officer", of a corporation, means a person who is concerned 24
with, or takes part in, the corporation's management, whether or not 25
the person is a director or the person's position is given the name of 26
executive officer. 27
"exempt lottery record" see section 105. 28
"financial records requirement" see section 190. 29
"foreign agency" means any of the following-- 30
134
Lotteries
SCHEDULE 3 (continued)
(a) a department of government of another jurisdiction authorised by 1
the law of the other jurisdiction to conduct a gaming scheme; 2
(b) a statutory body or corporation established under the law of 3
another jurisdiction that is authorised by the law of the other 4
jurisdiction to conduct a gaming scheme; 5
(c) another entity permitted by the law of another jurisdiction to 6
conduct a gaming scheme. 7
"Gaming Act" means any of the following Acts-- 8
· Art Unions Act 1992 9
· Casino Control Act 1982 10
· Gaming Machine Act 1991 11
· Keno Act 1996. 12
"gaming scheme" see section 4. 13
"identity card", for an inspector, see section 156. 14
"information notice", for a decision of the chief executive, is a written 15
notice stating-- 16
(a) the decision; and 17
(b) the reasons for the decision; and 18
(c) that the person to whom the notice is given may appeal against 19
the decision to a Magistrates Court within 28 days. 20
"inspector" means a person who is an inspector for this Act. 21
"interested person", for section 27, see section 26. 22
"key employee" see section 40. 23
"key official" means a lottery official declared under section 145 to be a 24
key official. 25
"key operator" see section 43. 26
"key operator's requirement" see section 44. 27
"key person licence" means a licence issued under section 51. 28
135
Lotteries
SCHEDULE 3 (continued)
"key person licensee" means a person licensed under a key person licence. 1
"license fees" see section 95. 2
"licensed employee" means a person licensed as an employee under a key 3
person licence. 4
"lottery" see section 5. 5
"lottery agent" see section 78. 6
"lottery employee" means a person employed by a lottery licensee in 7
operations conducted under the lottery licence. 8
"lottery equipment" means a machine or other device (whether electronic, 9
electrical or mechanical), computer software, or another thing, used, or 10
suitable for use, in the conduct of a lottery. 11
"lottery licence" means a licence under this Act to conduct a lottery. 12
"lottery licensee" means a person who holds a lottery licence. 13
"lottery official" means-- 14
(a) an inspector; or 15
(b) an officer of the department. 16
"lottery record", of a lottery licensee, means a record (including a 17
document) about the operations conducted by the licensee under the 18
licence. 19
"lottery tax" see section 94. 20
"lottery ticket" means a ticket in an approved lottery. 21
"official lottery document" means-- 22
(a) a lottery ticket; or 23
(b) a lottery licence; or 24
(c) a key person licence; or 25
(d) an inspector's identity card. 26
"participant", in an approved lottery or other gaming scheme, means a 27
136
Lotteries
SCHEDULE 3 (continued)
person who purchases a ticket, or otherwise participates, in the lottery 1
or gaming scheme. 2
"personal details requirement" see section 182. 3
"public office", for a lottery licensee, means the licensee's principal place 4
of business in the State or, if the licensee is a corporation and has its 5
registered office in the State, the registered office. 6
"registered company auditor" means a person registered as an auditor, or 7
taken to be so registered, under the Corporations Law, chapter 9, 8
part 9.2.13 9
"regulated lottery equipment" means lottery equipment declared under a 10
regulation to be regulated lottery equipment. 11
"related agreement" means-- 12
(a) an agreement, contract, lease or arrangement (whether written or 13
unwritten) that-- 14
(i) is entered into between a lottery licensee and another person; 15
and 16
(ii) relates to the operations of the licensee under the licence; or 17
(b) an ancillary lottery agreement. 18
"rules" means rules made under section 121. 19
"show cause notice" for part 2, division 5, see section 25. 20
"show cause notice" for part 3, division 4, see section 60. 21
"show cause notice" for part 4, division 2, see section 84. 22
"show cause notice" for part 7, division 1, see section 119. 23
"show cause period" for part 2, division 5, see section 25. 24
"show cause period" for part 3, division 4, see section 60. 25
"show cause period" for part 4, division 2, see section 84. 26
13 Corporations Law, chapter 9 (Miscellaneous), part 9.2 (Registration of auditors
and liquidators)
137
Lotteries
SCHEDULE 3 (continued)
"show cause period" for part 7, division 1, see section 119. 1
"special warrant" see section 164. 2
"stop direction" see section 180. 3
"ticket", in an approved lottery or other gaming scheme, means a right of 4
participation (however described) in the lottery or other gaming 5
scheme and includes a document, token or other thing evidencing a 6
right to participate in the lottery or other gaming scheme. 7
8
© State of Queensland 1997
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