Art Unions and Public Amusements Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 75 Art Unions and Public Amusements Act 1992 ART UNIONS AND PUBLIC AMUSEMENTS AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s.3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of ss.16–18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 16 Conduct of non-exempt art unions . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 17 Records and accounts to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 18 Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Replacement of s.24 (Delivery of prizes—all non-exempt art unions other than minor bingo or major bingo) . . . . . . . . . . . . . . . . . . . . . . . 6 24 Delivery of prizes—all non-exempt art unions other than minor bingo or major bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Replacement of s.29 (Certain persons not eligible to win a prize in a non-exempt art union) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 29 Certain persons not eligible to win a prize in a non-exempt art union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Replacement of s.30F (Prescribed information under s.71 (Lucky envelopes printed by unlicensed person etc. not to be supplied) of Act) . . 7 30F Information prescribed under s.71 of the Act (Lucky envelopes printed by unlicensed person etc. not to be supplied) . . . 7 8 Amendment of s.34 (Permits and approvals etc. mentioned in s.130 of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Art Unions and Public Amusements Amendment (No. 1) No. 75, 1993 9 Amendment of Schedule 3 (Conditions to be observed in the conduct of non-exempt art unions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of Schedule 4 (Conditions to be observed in printing and supplying lucky envelopes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

3 Art Unions and Public Amusements Amendment (No. 1) No. 75, 1993 ˙ Short title 1. This regulation may be cited as the Art Unions and Public Amusements Amendment Regulation (No. 1) 1993 . ˙ Amended regulation 2. The Art Unions and Public Amusements Regulation 1992 is amended as set out in this regulation. ˙ Amendment of s.3 (Definitions) 3. Section 3— insert— ‘ “liable person” , in relation to an art union, means a person who must discharge the duties mentioned in section 75 of the Act in relation to the art union; ’. ˙ Replacement of ss.16–18 4. Sections 16 to 18— omit, insert— ˙ ‘Conduct of non-exempt art unions ‘16. A liable person in relation to the conduct of a non-exempt art union must ensure that the conditions set out in Schedule 3 are observed. ˙ ‘Records and accounts to be kept ‘17.(1) A liable person in relation to the conduct of a non-exempt art union must keep and retain in a safe place the records, documents and accounts relating to it. ‘(2) Without limiting subsection (1), records, documents and accounts include the following— (a) copies of advertisements and notices including transcripts of electronic advertisements and telemarketing scripts;

4 Art Unions and Public Amusements Amendment (No. 1) No. 75, 1993 (b) correspondence, contracts and agreements; (c) records and forms of account that correctly record and explain financial operations and enable the conduct of the art union to be properly and conveniently audited, including— (i) a cash book; and (ii) a record of receipt books and receipts used; and (iii) a bank book and bank deposit records; and (iv) a postage and petty cash book; and (v) a master register of art unions in the approved form; and (vi) such other books and forms of accounts as may be directed in writing to the association by the chief executive. ‘(3) In addition to the items set out in subsection (2), records, documents and accounts include— (a) if the art union is a major art union or a calcutta sweep— (i) a record of the total amount of money received from persons who wished to take part in the art union but did not do so because tickets were not issued to them, or if tickets were issued, because the tickets were not included in the drawing, the amount received in each case and the names and addresses of the persons by whom that money was paid; and (ii) a description of the prizes, numbers of prize winning tickets and the full names and addresses of prize winners; and (b) if the art union is bingo—an accurate record, in the approved form, of each game of bingo conducted during a bingo session. ˙ ‘Keeping of accounts ‘18.(1) A liable person in relation to the conduct of a non-exempt art union must ensure that— (a) all transactions are properly recorded and accounted for; and

5 Art Unions and Public Amusements Amendment (No. 1) No. 75, 1993 (b) the proceeds of ticket sales in the art union are banked into a bank account, opened by the management committee in the name of the eligible association, after deducting— (i) in the case of a major art union (if authorised on the permit)—commission payments to authorised agents; and (ii) in the case of minor and major bingo—cash prize payouts; and (c) the proceeds mentioned in paragraph (b) are banked, in the nature in which they have been received, as soon as practicable but not later than 2 business days after receipt; and (d) an acknowledgment from the bank of all deposits made and a record kept of the nature of the deposit are retained; and (e) particulars of collections are entered daily in the cash book; and (f) all payments, other than for prizes, of $100 or more are made by cheque; and (g) cheques are crossed, marked ‘not negotiable, account payee only’ and signed by at least 2 persons authorised in writing by the management committee; and (h) all payments are supported by vouchers or other source transaction records; and (i) if the art union is a major art union— (i) receipts are obtained from agents and ticket sellers for tickets allotted to them; and (ii) the receipts are filed in order of ticket book numbers; and (iii) when ticket books are returned, they are examined for correctness; and (j) any written directions given to the eligible association by the chief executive, that relate to the keeping of accounts, are complied with. ‘(2) Unsold tickets in a major art union, that are returned, may be reissued and subsection (1)(i) applies in relation to the reissue of the tickets. ’.

6 Art Unions and Public Amusements Amendment (No. 1) No. 75, 1993 ˙ Replacement of s.24 (Delivery of prizes—all non-exempt art unions other than minor bingo or major bingo) 5. Section 24— omit, insert— ˙ ‘Delivery of prizes—all non-exempt art unions other than minor bingo or major bingo ‘24.(1) A liable person in relation to the conduct of a non-exempt art union must ensure that a prize in the art union is delivered to the winner of the prize within 1 month of the drawing of the art union. ‘(2) Subsection (1) does not apply if the winner of the prize— (a) agrees in writing that the prize be delivered in a time longer than 1 month; or (b) cannot be located after making a reasonable effort to do so. ’. ˙ Replacement of s.29 (Certain persons not eligible to win a prize in a non-exempt art union) 6. Section 29— omit, insert— ˙ ‘Certain persons not eligible to win a prize in a non-exempt art union ‘29. The following persons and associations are not eligible to win a prize in an art union— (a) if the art union is a non-exempt art union—the eligible association that holds an authority to conduct it; (b) if the art union is a major art union or major bingo—a person appointed to the special committee or as promoter; (c) if the art union is a calcutta sweep—the organiser; (d) a person directly engaged in the drawing of the art union; (e) the immediate family of a person mentioned in paragraph (b), (c) or (d). ’.

7 Art Unions and Public Amusements Amendment (No. 1) No. 75, 1993 ˙ Replacement of s.30F (Prescribed information under s.71 (Lucky envelopes printed by unlicensed person etc. not to be supplied) of Act) 7.(1) Section 30F— omit, insert— ˙ ‘Information prescribed under s.71 of the Act (Lucky envelopes printed by unlicensed person etc. not to be supplied) ‘30F. For the purposes of section 71(b) of the Act, the prescribed information is— (a) the licence number of the person who printed and supplied the lucky envelopes; and (b) the serial number of the game of lucky envelopes; and (c) the price of each lucky envelope. ’. ˙ Amendment of s.34 (Permits and approvals etc. mentioned in s.130 of Act) 8. Section 34 (at the end)— insert— ‘(2) A licence to use premises as bingo premises, issued under section 47C of the Art Unions and Amusements Act 1976 , that is in force on 31 March 1993, continues in force until the earlier of the following— (a) the day it is terminated in accordance with its terms; (b) 31 December 1993. ‘(3) If a lucky envelope in a game of lucky envelopes— (a) was printed before 1 January 1993; and (b) complied with the printing requirements under the repealed Act; the lucky envelope is taken to comply with section 9A of Schedule 3. ’.

8 Art Unions and Public Amusements Amendment (No. 1) No. 75, 1993 ˙ Amendment of Schedule 3 (Conditions to be observed in the conduct of non-exempt art unions) 9. Schedule 3, section 16(3)— omit ‘ minor art union ’, insert ‘ minor art union or lucky envelopes ’. ˙ Amendment of Schedule 4 (Conditions to be observed in printing and supplying lucky envelopes) 10.(1) Schedule 4, section 1(a)— omit ‘ name and ’. (2) Schedule 4, section 4(1)— omit ‘ 10% ’, insert ‘ 6% ’. ENDNOTES 1. Made by the Governor in Council on 25 March 1993. 2. Notified in the Gazette on 26 March 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. The State of Queensland 1993