Art Unions and Amusements Act Amendment Act 1981 (Qld)

1176 (l ue rnslanb ANNO TRICESIMO .ELIZABETHAE SECUNDAE REGINAE No. 115 of 1981 An Act to amend the Art Unionsand AmusementsAct 1976 in certain particulars [ASSENTED TO 16TH DECEMBER, 1981]

Art Unions and Amusements Act Amendment Act 1 9 8 1 , No. 1 1 1177 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- l. Short title and citation . (I) This Act may be cited as the Art Unions and Amusements Act Amendment Act 1981. (2) In this Act the Art Unions and Amusements Act1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Art Unions and Amusements Act1976-1981. 2. Commencement . This Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 3 . Arrangement of Act. Section 3 of the Principal Act is amended by inserting after the words " Division 4-Exemption of Billiard Tables: " the words " PART IIIA-BINGO PREMISES (ss. 47A-47E): 4. Amendment of s. 7. Interpretation . Section 7 of the Principal Act is amended by, in subsection (1)- (a) inserting after the definition " bingo " the following definition:- bingo premises " means premises that are used for the conduct therein or thereon of bingo sessions by persons or associations (hereinafter in this definition called " conductors of art unions ") other than the person who or association that owns or occupies the premises and that, in the course of a period of one week, are so used by more than five different conductors of art unions:": (b) inserting after the definition " gross proceeds " the following definitions:- " licence " means a licence issued under this Act and in force at the material time: licence holder" means the person named in a licence as the person to whom the licence is issued: ". 5. New Part IIIA. The Principal Act is amended by inserting after section 47 the following heading and sections:- -PART 11 IA-BINGO PREMISES 47A. Applications for licence to conduct bingo premises . (1) Subject to this section, an application may be made to the Under Secretary for a licence that authorizes the use of premises as bingo premises. (2) Every such application- (a) shall be in the prescribed form: and (b) shall be accompanied by the prescribed fee and by such documents as are prescribed by the regulations in respect of an application of that type.

1178 Art Unions and Amusements Act Amendment Act 1981, No. 115 (3) An application shall not be made under subsection (1) on behalf of and a licence shall not be issued under this Part to any person other than a natural person. 47B. Disposal of applications . Upon consideration of an application made under section 47A the Under Secretary may either grant the application or refuse the application. 47C. Issue of licences . (1) Where an application made under section 47A is granted a licence shall be issued in the prescribed form in relation to that application. (2) A licence issued in relation to an application made under section 47A shall be in force for a period of 12 months unless it is sooner cancelled or suspended. 47D. Action upon refusal of applications . Where an application made under section 47A is refused, notification of the refusal shall be given in writing to the applicant at his address shown in the application. 47E. Ministerial review of applications . In the event of an application made under section 47A being refused the Minister may review the decision made with respect to the application and the Minister's decision upon such review shall be deemed to have been the decision duly made under section 47B with respect to the application.". 6. New ss. 53A and 53B . The Principal Act is amended by inserting after section 53 the following sections:- " 53A. Offence to use bingo premises without licence . A person who is in charge of premises. whether as occupier or in any other capacity. shall not use or permit or suffer the premises to be used as bingo premises unless he is the holder of a licence issued under Part ILIA that relates to those premises. 53B. Prohibition of certain payments in connexion with bingo. (1) A person shall not- (a) require any other person or any association to make a payment as a condition precedent to an allocation of time for the conduct of a bingo session in bingo premises: (b) induce, by any means whatever, any other person or any association to believe that the making of a payment- (i) is a condition precedent to an allocation of time or a particular time for the conduct of a bingo session in bingo premises: or (ii) would improve the prospect of time or a particular time being allotted for the conduct of a bingo session in bingo premises; or (c) attempt to do anything specified in paragraph (a) or (b), if in any case the making of the payment would cause the expenses incurred in conducting the bingo session to exceed ten per centum of the gross proceeds of the session.

Art Unions and Amusements Act Amendment Act 1981, No. 115 1179 (2) For the purposes of subsection (1), if it is shown that a requisition, inducement or attempt of a description specified therein has been made- (a) the source from which the payment referred to therein is to be made and, in particular, whether it is the proceeds of a bingo session or other funds of any person or association is immaterial: and (b) where the allocation of time in respect of which it has been made is or would be an allocation of time for the conduct of a number of bingo sessions, the requisition, inducement or, as the case may be. the attempt shall be deemed to have been made in respect of the allocation of time for the conduct of the first of such sessions and the offender may be convicted of and punished for the offence thereby constituted notwithstanding that the payment referred to therein did not or would not have caused the expenses incurred in conducting all those sessions to exceed ten per centum of the aggregate gross proceeds of those sessions. 53C. Certain payments to be authorized . (1) A person shall not, on behalf of a prescribed association. make or authorize a payment, in the nature of a donation for any purpose other than a purpose for which a permit holder is authorized to raise money on behalf of the prescribed association or, where that association is an approved association, other than a purpose for which it is established and conducted. wholly or principally, unless before the payment is made- (a) in the case of a prescribed association that is an approved association. a member of the committee or other governing body of the association: or (b) in the case of any other prescribed association, a member of the special committee appointed in accordance with the conditions to be observed in the conduct of major art unions that are bingo, makes a declaration of a description specified in subsection (2). (2) The declaration required by subsection (1) to be made is a statutory declaration under and in accordance with the Oaths Act1867-1981 that the payment to be made has been approved by a general meeting of the association on whose behalf it is to be made. (3) A statement made in accordance with subsection (I) shall be retained as part of the records of the prescribed association on whose behalf is made the payment to which it relates for a period of at least 12 months from the date on which it is made. If in respect of a particular payment of a description referred to in subsection (1) such a declaration is not available for inspection by an authorized officer or member of the Police Force pursuant to section 62, it shall be deemed that the declaration has not been made. (4) A person shall not make a false declaration for the purposes of subsection (1).

1180 Art Unions and Amusements Act Amendment Act 1981, No. 115 (5) In this section the expression " prescribed association - means- (a) an association that raises money or on whose behalf money is raised by means of conducting bingo sessions in or on bingo premises: and (b) an approved association that raises money by means of conducting bingo sessions in or on bingo premises.". 7. Amendment of s. 62. Powers of authorized officers etc. Section 62 of the Principal Act is amended by. in subsection (I)- (a) inserting after paragraph (a) the following paragraph:- (aa) to enter and remain on premises in which he knows or suspects to be kept books of account or records of any person who or association that conducts or has conducted bingo sessions in bingo premises: (b) in paragraph (c)- (i) inserting after the words - remove anv " the words " books of accounts or part thereof.": (ii) adding at the end of the paragraph the words " or for an% other purpose of this Act ". 8. Amendment of s. 66. Cancellation and suspension of permits and registrations . Section 66 of the Principal Act is amended by- (a) inserting in the note appearing in and at the beginning of the section. after the word - permits '". the words ", licences (b) in subsection (I ). (i) inserting after paragraph (b) the following paragraph:-- (ba) that in relation to the conduct of bingo premises a provision of this Act has been contravened or the licence holder has been guilty of misconduct of such a nature that he should not be permitted to continue as such:": (ii) adding at the end of the subsection the words - or licence (c) in subsection (2). (i) inserting after the expression " permit holder*'. wherever it occurs, the words -. licence holder (ii) inserting after the word " permit ". wherever it occurs other than in the expression " permit holder'". the words ". licence '". 9. Amendment of s. 67. Minister may review cancellation or suspension . Section 67 of the Principal Act is amended by inserting after the word " permit " the words ", licence ". 10. Amendment of s. 68. Surrender of permit or certificate. Section 68 of the Principal Act is amended by- (a) in subsection (1),

Art Unions and Amusements Act Amendment Act 1981, No. 115 1 181 (i) inserting after the expression " permit holder " the words licence holder "; (ii) inserting after the word " permit ", wherever it occurs other than in the expression " permit holder ", the words " licence ": (b) in subsection ( 2), inserting after the word " permit - the words ", licence ". 11. New s. 68A. The Principal Act is amended by. in Division I of Part V, inserting at the end of the Division the following section:- "68A. Complaint relating to bingo premises . (I) If a person who claims to be aggrieved by any action of a licence holder or other person (being an action of a description specified in section 53B) desires that the Under Secretary investigate that action. he shall lodge with the Under Secretary a complaint in the prescribed form. (2) The Under Secretary is authorized, upon receipt by him of a complaint lodged pursuant to subsection (1). to investigate or cause to be investigated the matter of complaint with a view to establishing the truth thereof and taking such further action under this Act as he thinks fit.". 12. Amendment of s. 83. Regulations . Section 83 of the Principal Act is amended by, in subsection (3)- (a) inserting in paragraph (ii), after the word " permits the words licences ", (b) inserting in paragraph M. after the word " permits wherever it occurs the words " and licences ": (c) inserting in paragraph (xi), after the expression " permit holders ", the words ", licence holders (d) in paragraph (xiv)- (i) inserting after the word " money " the words and parts thereof "; (ii) inserting after the words " conducted in evidencing ". books of account the words " or 13. Amendment of First Schedule . The Principal Act is amended by, in the First Schedule- (a) omitting clause 12 of the conditions to be observed in the conduct of major art unions that are bingo and substituting the following clause:- " 12. The sum appropriated on account of expenses incurred in the conduct of a bingo session (whether appropriated from the proceeds of the session or from any other source) shall not exceed- (a) the expenses actually incurred: or (b) ten per centum of the gross proceeds of the session, whichever is the less.":

1182 Art Unions and Amusements Act Amendment Act 1981, No. 115 (b) omitting clause 9 of the conditions to be observed in the conduct of minor art unions that are bingo and substituting the following clause:- " 9. The sum appropriated on account of expenses incurred in the conduct of a bingo session (whether appropriated from the proceeds of the session or from any other source) shall not exceed- (a) the expenses actually incurred: or (b) ten per centum of the gross proceeds of the session. whichever is the less.".