Lotteries Act 1997 (Qld)

Lotteries Act 1997

An Act to regulate lotteries and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Lotteries Act 1997.

2   Commencement

This Act commences on a day to be fixed by proclamation.

2A   Object

(1)The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from lotteries.

(2)The balance is achieved by allowing lotteries subject to a system of regulation and control designed to protect players and the community through—

(a)ensuring the integrity and fairness of games; and

(b)ensuring the probity of those involved in the conduct of lotteries; and

(c)minimising the potential for harm from lotteries.

2B   Explanation of licensing scheme

This Act establishes a licensing scheme under which a lottery may be conducted only if—

(a)a person holds a lottery licence for the lottery; and

(b)another person holds a lottery operator’s licence for the lottery; and

(c)the lottery is conducted under a lottery operation agreement between the 2 persons.

3   Definitions—the dictionary

The dictionary in schedule 3 defines particular words used in this Act.

Part 2    Authorised lotteries

Division 1 Basic concepts

4   Meaning of gaming scheme

A gaming scheme is a game, scheme or arrangement in which the winners of prizes are decided—

(a)wholly or partly by chance; or

(b)by a competition or other activity of which the outcome is dependent on fate or guessing.

5   Meaning of lottery

A lottery is a gaming scheme classified under a rule as a lottery.

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

6   Requirement for primary licence

(1)A person must not conduct a lottery unless the person is authorised to do so under a primary licence.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)A person must not conduct a gaming scheme that is not a lottery if—

(a)the gaming scheme may reasonably be confused with a lottery; or

(b)because of the scheme’s similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery.

Maximum penalty—200 penalty units or 2 years imprisonment.

(3)Subsection (2) does not apply if the gaming scheme is conducted under a gaming Act.

(4)A person must not participate in a lottery, or a gaming scheme mentioned in subsection (2), knowing the person who is conducting the lottery or scheme is not authorised under this Act or a gaming Act to conduct the lottery or scheme.

Maximum penalty—40 penalty units.

(5)A person must not conduct a gaming scheme (other than an approved lottery) under a name that—

(a)is a name by which an approved lottery is conducted; or

(b)is likely to be confused with the name by which an approved lottery is conducted; or

(c)includes a word—

(i)contained in the name by which an approved lottery is conducted; and

(ii)prescribed under a regulation.

Maximum penalty for subsection (5)—40 penalty units.

7   Foreign gaming schemes

(1)Unless authorised by an approved arrangement or under a gaming Act, a person must not—

(a)sell or offer for sale, or cause to be sold or offered for sale, a ticket in a gaming scheme conducted by a foreign agency; or

(b)accept or cause to be accepted, an amount for purchase of a ticket, or submission of an entry form, for a gaming scheme conducted by a foreign agency.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)Unless authorised by an approved arrangement or under a gaming Act, a person must not publish or cause to be published an advertisement or notice that promotes, is calculated to promote, or is likely to be taken as promoting, a gaming scheme conducted by a foreign agency.

Maximum penalty—200 penalty units or 2 years imprisonment.

(3)In this section—

approved arrangement means an arrangement, approved by the chief executive in writing, under which a primary licensee, by agreement with a foreign agency that is conducting or proposes to conduct a gaming scheme, is to assume responsibility for the conduct of the gaming scheme in Queensland under this Act.

7A   Approval to conduct approved lottery in another State or foreign country

(1)A primary licensee must not conduct an approved lottery in another State or foreign country unless the arrangement about the conduct of the lottery in the other State or foreign country is approved by the chief executive.

(2)The chief executive may charge the primary licensee a fee for—

(a)giving the approval; and

(b)doing what is necessary under this Act to facilitate and regulate the licensee’s conduct of the approved lottery in the other State or foreign country.

(3)The Minister may enter into an agreement with the relevant Minister of the other State or foreign country about any of the following—

(a)the taxation of lotteries and the sharing of tax revenue derived from lotteries;

(b)collaboration between lottery officials and officers of the other State or foreign country engaged in the administration of the corresponding law of the other State or foreign country;

(c)mutual recognition of licences and administrative acts between the State, and the other State or foreign country.

(4)In this section—

corresponding law, of the other State or foreign country, means the law of the other State or foreign country that provides for the same matter as this Act or a provision of this Act.

relevant Minister, of the other State or foreign country, means the Minister, or equivalent office holder, of the other State or foreign country, with portfolio responsibility for lotteries regulation or the taxation of lotteries.

8   Lawful activities

Despite any other law, the following activities are lawful—

(a)the conduct, in accordance with this Act, of a lottery stated in a lottery licence and lottery operator’s licence, by the lottery licensee and lottery operator;

(b)activities of a lottery agent in accordance with this Act and the relevant agency agreement;

(c)participation (including the purchase of a lottery ticket) in a lottery conducted under this Act;

(d)the use of approved lottery equipment by lottery operators and lottery agents;

(e)the doing of anything else required or authorised to be done under this Act.

Part 2A    Primary licences

Division 1 Preliminary

8A   Person may not hold both types of primary licence

(1)The same person may not hold both a lottery licence and a lottery operator’s licence.

(2)Subsection (1) does not prevent a body corporate from holding 1 type of primary licence only because a related body corporate holds the other type of primary licence.

(3)In this section—

related body corporate see the Corporations Act, section 9.

8B   What a licence authorises

(1)This section applies if a lottery (the authorised lottery) is stated in both a lottery licence and a lottery operator’s licence.

(2)The lottery licence authorises the lottery licensee to conduct the authorised lottery through the lottery operator by entering a lottery operation agreement with the lottery operator.

(3)The lottery operator’s licence authorises the lottery operator to conduct the authorised lottery under a lottery operation agreement with the lottery licensee.

Division 2 Issuing and amending primary licences

9   Application for primary licence

(1)An application for a primary licence must be made to the Minister in the approved form.

(2)The application must state whether it is for a lottery licence or a lottery operator’s licence.

(3)An application must be accompanied by any application fee prescribed under a regulation.

(4)The Minister may, by written notice given to an applicant, require the applicant to give the Minister further information or a document that is necessary and reasonable to help the Minister decide the application.

10   Consideration of application

The Minister must consider an application for a primary licence and either grant or refuse to grant the application.

11   Conditions for granting application

(1)The Minister may grant an application for a primary licence only if the Minister is satisfied—

(a)the applicant is a suitable person to hold a licence of the type to which the application relates; and

(b)each business or executive associate of the applicant is a suitable person to be associated with the operations of the holder of a licence of that type.

(2)However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (1).

(3)Without limiting the other matters the Minister may consider in deciding whether to grant an application for a primary licence, the Minister may have regard to the terms of another primary licence in force at the time of the application and any commercial arrangements in place relating to that other licence.

12   Suitability of applicant to hold primary licence

(1)In deciding whether an applicant for a lottery licence or lottery operator’s licence is a suitable person to hold a licence of that type, the Minister may have regard to the following matters—

(a)the applicant’s character or business reputation;

(b)the applicant’s current financial position and financial background;

(c)if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;

(d)whether the applicant has, or is able to obtain, appropriate resources and appropriate services;

(e)for an application for a lottery licence—whether the applicant has the appropriate business ability to enter into, and manage, lottery operation agreements;

(f)for an application for a lottery operator’s licence—whether the applicant has the appropriate business ability to conduct lotteries successfully under a lottery operator’s licence;

(g)the extent to which the applicant has negotiated a proposed lottery operation agreement;

(h)if the applicant has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(i)any other issues prescribed under a regulation.

(2)In subsection (1)—

appropriate resources means financial resources the Minister considers adequate to ensure the financial viability of operations conducted under a licence of the type to which the application relates.

appropriate services means the services of persons who have appropriate experience to ensure the proper and successful conduct of lotteries.

13   Suitability of business and executive associates

In deciding whether a business or executive associate of an applicant for a primary licence is a suitable person to be associated with the operations of the holder of a licence of the relevant type, the Minister may have regard to the following matters—

(a)the person’s character or business reputation;

(b)the person’s current financial position and financial background;

(c)if the person has a business association with another entity—

(i)the entity’s character or business reputation; and

(ii)the entity’s current financial position and financial background;

(d)any other matters prescribed under a regulation.

14   Investigations of suitability of persons

(1)The chief executive may investigate an applicant for a primary licence to help the Minister decide whether the applicant is a suitable person to hold a licence of the type to which the application relates.

(2)The chief executive may investigate a business or executive associate of an applicant for a primary licence to help the Minister decide whether the business or executive associate is a suitable person to be associated with the operations of the holder of a licence of the relevant type.

15   Decision on application

(1)If the Minister decides to grant an application for a primary licence, the Minister must promptly issue a licence of the relevant type to the applicant.

(2)If the Minister decides to refuse to grant an application for a primary licence, the Minister must promptly give the applicant written notice of the decision.

16   Conditions of licence

The Minister may issue a primary licence—

(a)on conditions the Minister considers necessary or desirable for the proper conduct of lotteries; and

(b)on other conditions the Minister considers necessary or desirable in the public interest.

17   Form of primary licence

(1)A primary licence must be in the approved form.

(2)The approved form must provide for the inclusion of the following particulars—

(a)the licensee’s name;

(b)the type of licence;

(c)the date of issue of the licence;

(d)the term for which the licence is (subject to this Act) to remain in force;

(e)the lotteries to which the licence relates;

(f)the conditions of the licence;

(g)any other particulars prescribed under a regulation.

17A   Voluntary omission of a lottery stated in a primary licence

(1)With a primary licensee’s written approval, the Minister may amend the primary licence to omit a lottery stated in it.

(2)At a primary licensee’s written request, the Minister must amend the primary licence to omit a lottery stated in it.

Note—

A primary licence may also be amended, to omit a lottery stated in it, under division 5.

18   Changing conditions of primary licence

(1)The Minister may decide to change the conditions of a primary licence, if the Minister considers it is necessary or desirable to make the change for the proper conduct of lotteries stated in the licence or otherwise in the public interest.

(2)If the Minister decides to change conditions of a primary licence under this section, the Minister must promptly give the primary licensee written notice of the change (a condition notice) and the reasons for the change.

(3)The power of the Minister under subsection (1) includes the power to add conditions to an unconditional licence.

18A   Other amendments of primary licence

The Minister may amend a primary licence, other than to omit a lottery or change a condition, only with the written approval of the primary licensee.

18B   When amendments take effect

(1)If the Minister amends a primary licence under this division, the Minister must give the licensee a notice stating the day the amendment takes effect (the stated day).

(2)For an amendment changing the conditions of the licence, the notice may be included in the condition notice.

(3)For an amendment omitting a lottery stated in a licence, unless the Minister and primary licensee agree otherwise, the stated day must be 3 months after the day the Minister receives the approval or request for the amendment.

18C   Notice to other interested persons

If a primary licence is being amended under this division, the Minister must give written notice of the amendment, before the stated day under section 18B, to each person with whom the primary licensee has a lottery operation agreement.

19   Return of licence for endorsement of amendments

(1)The primary licensee must return the primary licence to the Minister within 7 days of receiving the condition notice notifying a change of conditions or a notice from the Minister requesting the return of the licence to endorse another amendment being made under this division, unless the licensee has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)On receiving the primary licence, the Minister must—

(a)amend the licence in an appropriate way and return the amended licence to the primary licensee; or

(b)if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions or other amendment, to the primary licensee.

(3)An amendment takes effect on the stated day in the notice given under section 18B and does not depend on the primary licence being amended to record the amendment or a replacement licence being issued.

20   [Repealed]

Division 3 General provisions about primary licences

21   Primary licence not to be transferable

(1)A primary licence can not be transferred.

(2)However, if a primary licence is mortgaged, charged or encumbered with the written approval of the Minister, this section does not prevent the transfer of the licence, subject to section 22, by way of enforcement of the security.

22   Mortgage and assignment of primary licence

(1)A primary licensee must not mortgage, charge or otherwise encumber the licence except with the written approval of the Minister.

(2)If a person has a right to sell and transfer a primary licence under or because of a mortgage, charge or encumbrance, the licence may only be sold and transferred to a person approved by the Minister.

(3)Before the Minister approves the transfer of a primary licence under this section, the Minister must be satisfied—

(a)the proposed transferee is a suitable person to hold a licence of the relevant type; and

(b)each business and executive associate of the proposed transferee is a suitable person to be associated with the operations of the holder of a licence of the relevant type.

(4)The Minister may require the proposed transferee of the primary licence to submit an application for the licence and may deal with the application, and investigate the suitability of the proposed transferee and the proposed transferee’s business and executive associates, in the same way as if the application were an application for a new primary licence of the relevant type.

(5)If a person has, under or because of, a mortgage, charge or encumbrance, a power to appoint a receiver or manager of the business conducted under a primary licence, the power may only be exercised if the Minister first approves the proposed receiver or manager in writing.

(6)Before transferring a primary licence, the primary licensee must give written notice of the proposed transfer to each other person with whom the primary licensee has a lottery operation agreement.

23   Surrender of primary licence

(1)A primary licensee may surrender the primary licence by written notice given to the Minister.

(2)The surrender takes effect—

(a)if paragraph (b) does not apply—

(i)3 months after the notice is given; or

(ii)if a later day of effect is stated in the notice—on the later day; or

(b)if the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.

(3)Before surrendering a primary licence, the primary licensee must give written notice of the proposed surrender to each other person with whom the primary licensee has a lottery operation agreement.

Division 4 Obligations to act under primary licences

23A   Primary licensees must enter lottery operation agreements

(1)This section applies if—

(a)a primary licence stating a lottery is issued; or

(b)a primary licence is amended to include a lottery; or

(c)a lottery operation agreement for the conduct of a lottery stated in a primary licence stops being in force and the primary licensee is not a party to any other lottery operation agreement for the conduct of the lottery.

(2)The primary licensee must take all reasonable steps to enter an agreement for the conduct of the lottery and have it approved as a lottery operation agreement as soon as practicable.

23B   Lottery operators must actively conduct lotteries

A lottery operator must actively conduct each lottery stated in the lottery operator’s licence.

23C   Minister may temporarily excuse non-activity

(1)The Minister may excuse a primary licensee from complying with a requirement under section 23A or 23B, for a stated period, if satisfied it would be reasonable in all the circumstances.

Example—

The Minister may be satisfied it would be reasonable to excuse a lottery operator from actively conducting a lottery, for a stated period, if the lottery operator is unable to conduct the lottery during the period for operational reasons beyond the lottery operator’s control.

(2)Sections 23A and 23B apply to the primary licensee subject to the excuse given by the Minister.

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

24   Grounds for suspension or cancellation

(1)Each of the following is a ground for suspending or cancelling a primary licence—

(a)the primary licensee is not, or is no longer, a suitable person to hold a licence of the relevant type;

(b)a business or executive associate of the primary licensee is not, or is no longer, a suitable person to be associated with the operations of the holder of a licence of the relevant type;

(c)the primary licensee has been convicted of an offence against this Act or a gaming Act;

(d)the primary licensee has been convicted of an indictable offence;

(e)the primary licensee has contravened a condition of the primary licence;

(f)the primary licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act);

(g)there has been a breach of a lottery operation agreement to which the primary licensee is a party (by any party to the agreement);

(h)the primary licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations;

(i)the primary licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;

(j)the primary licensee is affected by control action under the Corporations Act;

(k)the primary licence was issued because of a materially false or misleading representation or declaration.

(2)For forming the belief that the ground mentioned in subsection (1)(a) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold a licence of the relevant type.

(3)For forming the belief that the ground mentioned in subsection (1)(b) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with the operations of the holder of a licence of the relevant type.

(4)For subsection (1)(j), a primary licensee is affected by control action under the Corporations Act if the licensee—

(a)has executed a deed of company arrangement under that Act; or

(b)is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or

(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.

24A   Ground for omitting a lottery from a primary licence

(1)A primary licence may be amended to omit a lottery stated in it on the ground that the primary licensee is, and has been for a continuous period of at least 14 days, contravening division 4 in relation to the lottery.

(2)The power to amend a primary licence under this division to omit a lottery, on the ground mentioned in subsection (1), includes the power to amend the licence to omit the only lottery, or all lotteries, stated in the licence on that ground.

25   Show cause notice

(1)This section applies if the Minister believes—

(a)a ground exists to suspend or cancel a primary licence; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or

(ii)the public interest may be affected in an adverse and material way.

(2)This section also applies if the Minister believes the ground exists to amend a primary licence by omitting a lottery stated in it.

(3)The Minister must give the primary licensee a written notice (a show cause notice) that—

(a)states the action (the proposed action) the Minister proposes taking under this division; and

(b)states the grounds for the proposed action; and

(c)outlines the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension of the primary licence—states the proposed suspension period; and

(e)invites the primary licensee to show within a stated period (the show cause period) why the proposed action should not be taken.

(4)The show cause period must be a period ending at least 21 days after the show cause notice is given to the primary licensee.

26   Copy of show cause notice to be given to interested persons

(1)The Minister must promptly give a copy of the show cause notice to each person (an interested person) the Minister believes has an interest in the primary licence if the Minister considers—

(a)the person’s interest may be affected adversely by the suspension, cancellation or amendment of the licence; and

(b)it is otherwise appropriate in the circumstances to give the copy of the notice to the person.

(2)In considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following—

(a)the nature of the interested person’s interest;

(b)whether the primary licensee’s interest may be improperly prejudiced.

(3)Without limiting subsection (1), a person is an interested person if a lottery operation agreement between the person and the primary licensee is in force.

(4)An interested person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.

27   Consideration of representations

The Minister must consider all written representations (the accepted representations) made during the show cause period by—

(a)the primary licensee; or

(b)any interested person to whom a copy of the show cause notice is given.

28   Immediate suspension

(1)The Minister may suspend a primary licence immediately if the Minister believes—

(a)a ground exists to suspend or cancel the primary licence; and

(b)the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure—

(i)the public interest is not affected in an adverse and material way; or

(ii)the integrity of the conduct of lotteries stated in the licence is not jeopardised in a material way.

(2)The suspension—

(a)must be effected by written notice (a suspension notice) given to the primary licensee with a show cause notice; and

(b)operates immediately the suspension notice is given; and

(c)continues to operate until the show cause notice is finally dealt with.

(3)If the Minister gives a suspension notice to a primary licensee, the Minister must give a copy of the suspension notice to each other person with whom the primary licensee has a lottery operation agreement.

29   Censuring primary licensee

(1)This section applies if the Minister—

(a)believes a ground exists to suspend or cancel a primary licence; but

(b)does not believe the giving of a show cause notice to the primary licensee is warranted.

(2)This section also applies if, after considering the accepted representations for the show cause notice, the Minister—

(a)still believes a ground exists to suspend or cancel the primary licence; but

(b)does not believe suspension or cancellation of the primary licence is warranted.

(3)The Minister may, by written notice given to the primary licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.

30   Directions to rectify

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister—

(a)still believes a ground exists to suspend or cancel the primary licence; but

(b)considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the primary licensee an opportunity to rectify the matter.

(2)The Minister may, by written notice given to the primary licensee, direct the licensee to rectify the matter within the period stated in the notice.

(3)The period stated must be reasonable, having regard to the nature of the matter to be rectified.

31   Notice by the Minister

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes—

(a)a ground exists to suspend or cancel the primary licence; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or

(ii)the public interest may be affected in an adverse and material way.

(2)This section also applies if, after considering the accepted representations for the show cause notice, the Minister still believes the ground exists to amend a primary licence by omitting a lottery stated in it.

(3)This section also applies if the primary licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.

(4)The Minister must forward to the Governor in Council—

(a)written notice of the Minister’s belief or of the primary licensee’s failure to comply with the direction; and

(b)copies of the accepted representations for the show cause notice.

32   Suspension, cancellation, amendment and appointment of administrator

(1)After receiving the notice from the Minister under section 31, the Governor in Council may—

(a)if the proposed action stated in the show cause notice was to suspend the primary licence for a stated period—suspend the licence for not longer than the stated period; or

(b)if the proposed action stated in the show cause notice was to cancel the primary licence—

(i)suspend the licence for a period; or

(ii)cancel the licence; or

(iii)appoint an administrator to conduct the operations of the primary licensee under the licence; or

(c)if the proposed action stated in the show cause notice was to amend the primary licence by omitting a lottery stated in it—make the amendment.

(2)The Minister must promptly give written notice of the decision of the Governor in Council to the primary licensee and to each other person with whom the primary licensee has a lottery operation agreement.

(3)The decision takes effect on—

(a)the day the notice is given to the primary licensee; or

(b)if a later day of effect is stated in the notice—the later day.

32A   Endorsement of amendment

(1)This section applies if—

(a)a primary licence is amended under section 32(1)(c); and

(b)the Minister asks the primary licensee to return the licence within a stated period of at least 7 days so the amendment may be endorsed on the licence.

(2)The primary licensee must comply with the request, unless the licensee has a reasonable excuse.

Maximum penalty—40 penalty units.

(3)On receiving the primary licence, the Minister must—

(a)amend the licence in an appropriate way and return the amended licence to the primary licensee; or

(b)if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the amendment, to the primary licensee.

(4)An amendment takes effect on the relevant day under section 32(3) and does not depend on the primary licence being amended to record the amendment or a replacement licence being issued.

33   Terms of appointment, and role, of administrator

(1)This section applies to an administrator appointed by the Governor in Council to conduct operations under a primary licence.

(2)For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.

(3)The administrator—

(a)has full control of, and responsibility for, the operations of the primary licensee conducted under the primary licence (including lotteries that had been commenced but not completed as at the time of the administrator’s appointment); and

(b)subject to any directions by the Minister, must conduct the operations in accordance with this Act as if the administrator were the primary licensee.

(4)The costs of and incidental to the conduct and administration of a primary licensee’s operations by an administrator under this section (the costs of administration) are payable by the licensee.

(5)Any profits derived from the conduct of the primary licensee’s operations by the administrator are, after payment of the costs of administration, to be paid to the primary licensee.

(6)This section and section 32(1)(b)(iii) apply despite the Corporations Act.

34   Cancellation or reduction of period of suspension

(1)At any time the suspension of a primary licence is in force, the Governor in Council may—

(a)cancel the remaining period of suspension; or

(b)reduce the remaining period of suspension by a stated period.

(2)The Minister must promptly give written notice of the decision of the Governor in Council to the primary licensee and to each other person with whom the primary licensee has a lottery operation agreement.

Division 6 Investigations into suitability

35   Audit program

(1)The Minister may approve an audit program for investigating primary licensees, or business or executive associates of primary licensees.

(2)The chief executive is responsible for ensuring that investigations under an approved audit program are conducted in accordance with the program.

(3)A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.

36   Investigations

(1)The chief executive may investigate a primary licensee to help the Minister decide whether the person is a suitable person to hold, or to continue to hold, a primary licence of the relevant type.

(2)The chief executive may investigate a business or executive associate of a primary licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type.

(3)However, the chief executive may investigate a primary licensee only if—

(a)the Minister reasonably suspects the primary licensee is not, or is no longer, a suitable person to hold a primary licence of the relevant type; or

(b)the investigation is made under an audit program for primary licensees approved by the Minister.

(4)Also, the chief executive may investigate a business or executive associate of a primary licensee only if—

(a)the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type; or

(b)the investigation is made under an audit program for business and executive associates of primary licensees approved by the Minister; or

(c)the person—

(i)became a business or executive associate of the primary licensee after the issue of the primary licence; and

(ii)has not been investigated previously under an audit program mentioned in paragraph (b); or

(d)the person—

(i)was a business or executive associate of the primary licensee when the primary licence was issued; and

(ii)has not been investigated under section 14(2).

37   Requirement to give information or document for investigation

(1)In investigating a primary licensee, or a business or executive associate of a primary licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.

(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(3)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(5)The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.

38   Reports about person’s criminal history

(1)If the chief executive, in making an investigation about a person under section 14 or 36 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.

(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

39   Decisions about primary licence not to be justiciable

(1)A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a primary licence, or person with an interest or potential interest in a primary licence—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.

(2)The decisions to which subsection (1) applies include, but are not limited to—

(a)a decision of the Governor in Council mentioned in schedule 1, part 1; and

(b)a decision of the Minister mentioned in schedule 1, part 2.

(3)In this section—

decision includes—

(a)conduct engaged in to make a decision; and

(b)conduct related to making a decision; and

(c)failure to make a decision.

Part 2B    Lottery operation agreements

39A   What is a lottery operation agreement

(1)A lottery operation agreement is an agreement between a lottery licensee and a lottery operator, for the conduct of a lottery by the lottery operator, approved by the Minister under this part.

(2)Another person may also be a party to a lottery operation agreement.

Example for subsection (2)—

A person may be a party to a lottery operation agreement because the agreement includes provisions under which the person acts as a guarantor for one of the primary licensees.

39B   Amendments must also be approved

For this Act, an amendment of a lottery operation agreement is of no effect until it is approved by the Minister.

39C   Approval process

(1)A lottery licensee may apply to the Minister for approval of a proposed lottery operation agreement or a proposed amendment of a lottery operation agreement.

(2)The application must be written and accompanied by a copy of the proposed agreement or amendment.

(3)The Minister must give, or refuse to give, the approval.

(4)The Minister may refuse to give the approval only if the Minister reasonably believes it is necessary to do so—

(a)in the public interest; or

(b)to protect proper standards of integrity in the conduct of lotteries.

(5)The Minister must promptly give the lottery licensee written notice of the Minister’s decision.

39D   Minister to be notified if agreement ends

If a lottery operation agreement stops being in force, each party to the agreement must immediately give written notice to the Minister.

39E   Being a party to more than 1 lottery operation agreement

(1)A lottery licensee may be a party to lottery operation agreements with 2 or more lottery operators at the same time, whether for the same or different lotteries.

(2)A lottery licensee may not be a party to more than 1 lottery operation agreement with the same lottery operator at the same time.

(3)A lottery operator may not be a party to more than 1 lottery operation agreement at the same time.

Part 3    Key employees and operators

Division 1 Requirement for key employees to be licensed

40   Meaning of key employee

(1)A lottery employee is a key employee if the employee—

(a)occupies or acts in a managerial position, or carries out managerial functions, in relation to the primary licensee’s operations; or

(b)is in a position to affect or significantly influence the operations conducted under the primary licence; or

(c)for a lottery employee of a lottery operator—occupies or acts in a position designated in the lottery operator’s control system as a key position.

(2)Subsection (1)(a) and (b) applies to a position only if the position is designated by the chief executive by written notice given to the primary licensee as a key position.

(3)Subsection (1)(a) applies to functions only if the functions are designated by the chief executive by written notice given to the primary licensee as key functions.

41   Obligation to hold licence

A person must not occupy or act in the position of a key employee, or carry out the functions of a key employee, in relation to the primary licensee’s operations unless the person is a licensed employee.

Maximum penalty—40 penalty units.

42   Prohibition of employment of unlicensed persons as key employees

A primary licensee must not employ a person as a key employee, or to carry out the functions of a key employee, unless the person is a licensed employee.

Maximum penalty—40 penalty units.

Division 2 Key operators

43   Meaning of key operator

A key operator is a person (other than a lottery employee) who—

(a)is in a position to control or exercise significant influence over the conduct of a primary licensee’s operations; or

(b)is associated with a primary licensee in a way that enables the person to control or exercise significant influence over the conduct of a primary licensee’s operations; or

(c)occupies a position or has an association with a primary licensee of a kind that makes the person a key operator under criteria prescribed under a regulation.

44   Requirement that key operator apply for licence or end role

(1)If the chief executive reasonably believes a person is a key operator, the chief executive may, by written notice given to the person, require the person either to apply to be licensed as a key operator under a key person licence, or to stop being a key operator, within 7 days of receiving the notice.

(2)The person must comply with the requirement (the key operator’s requirement) within 7 days of receiving the notice, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(3)The chief executive must give a copy of the notice to the relevant primary licensee.

45   Requirement that key operator end role

(1)If the chief executive refuses to approve an application for a key person licence made by a person of whom a key operator’s requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the primary licensee within the time stated in the notice.

(2)The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(3)A person does not incur any liability as a result of action taken to comply with a notice under this section.

46   Requirement to end key operator’s role

(1)This section applies if a key operator’s requirement is made of a person and—

(a)the person fails to comply with the requirement; or

(b)the chief executive refuses to approve an application for a key person licence made by the person.

(2)The chief executive may, by written notice given to the primary licensee for whom the person is a key operator, require the licensee to take any necessary action to ensure that the person ceases to be a key operator within the time stated in the notice.

(3)The primary licensee must comply with the requirement.

(4)This section applies to a primary licensee despite another Act or law.

(5)A primary licensee does not incur any liability because of action taken to comply with a notice under this section.

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

47   Application for key person licence

(1)An application for a key person licence must be made to the chief executive in the approved form.

(2)The application must be accompanied by—

(a)if the applicant applies to be licensed as an employee—a letter from a primary licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and

(b)any documents prescribed under a regulation; and

(c)the application fee prescribed under a regulation.

(3)The chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application.

48   Consideration of application

(1)The chief executive must consider an application for a key person licence and either grant or refuse to grant the application.

(2)Despite subsection (1), the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.

49   Conditions for granting application

(1)The chief executive may grant an application for a key person licence only if—

(a)the applicant’s photograph and fingerprints have been taken; and

(b)the chief executive is satisfied the applicant is a suitable person to hold a key person licence.

(2)In deciding whether the applicant is a suitable person to hold a key person licence, the chief executive may have regard to the following matters—

(a)the applicant’s character;

(b)the applicant’s current financial position and financial background;

(c)the applicant’s general suitability to carry out functions as a key employee or to be a key operator for a primary licensee.

50   Investigation of suitability of applicant

The chief executive may investigate an applicant for a key person licence to help the chief executive decide whether the applicant is a suitable person to hold a key person licence.

51   Decision on application

(1)If the chief executive decides to grant an application for a key person licence, the chief executive must promptly—

(a)issue a key person licence to the applicant; and

(b)give written notice of the grant of the licence to the relevant primary licensee.

(2)If the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly—

(a)give the applicant an information notice about the decision; and

(b)give written notice of the decision to the relevant primary licensee.

52   Form of key person licence

(1)A key person licence must be in the approved form.

(2)The approved form must provide for the inclusion of the following particulars—

(a)the key person licensee’s name;

(b)a recent photograph of the licensee;

(c)the date of issue of the licence;

(d)whether the licensee is a licensed employee or licensed as a key operator;

(e)the conditions of the licence;

(f)other particulars prescribed under a regulation.

53   Term of key person licence

A key person licence remains in force unless it lapses or is cancelled or surrendered.

54   Lapsing of key person licence

(1)A key person licence lapses if the key person licensee is a licensed employee and—

(a)at the end of 1 year after the licence was issued, the licensee has not been employed (as a key employee or in any other capacity) by a primary licensee; or

(b)the licensee ceases to be employed by a primary licensee and is not re-employed by the same or another primary licensee within the following 3 months.

(2)A key person licence lapses if the person licensed is licensed as a key operator and ceases to be a key operator.

55   Conditions

(1)The chief executive may issue a key person licence—

(a)on conditions the chief executive considers necessary or desirable for the proper conduct of lotteries; and

(b)on other conditions the chief executive considers necessary or desirable in the public interest.

(2)If the chief executive decides to issue a key person licence on conditions, the chief executive must promptly—

(a)give the applicant an information notice about the decision; and

(b)give a copy of the notice to the relevant primary licensee.

56   Changing conditions of key person licence

(1)The chief executive may decide to change the conditions of a key person licence if the chief executive considers it necessary or desirable to make the change for the proper conduct of lotteries or otherwise in the public interest.

(2)If the chief executive decides to change the conditions of a key person licence, the chief executive must immediately—

(a)give the key person licensee—

(i)written notice of the changed conditions; and

(ii)an information notice about the decision; and

(b)if the chief executive believes the key person licensee is currently an employee or key operator of a primary licensee—give the primary licensee a copy of the information notice.

(3)The key person licensee must return the licence to the chief executive within 7 days of receiving the information notice, unless the licensee has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)On receiving the licence, the chief executive must—

(a)amend the licence in an appropriate way and return the amended licence to the key person licensee; or

(b)if the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive.

(5)The change of conditions takes effect when the information notice is given to the key person licensee and does not depend on the licence being amended to record the change or a replacement licence being issued.

(6)The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.

57   Replacement of key person licence

(1)A key person licensee may apply to the chief executive for the replacement of the licensee’s licence if it has been lost, stolen, destroyed or damaged.

(2)The chief executive must consider an application and either grant or refuse to grant the application.

(3)The chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.

(4)If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.

(5)If the chief executive decides to refuse to grant an application, the chief executive must promptly—

(a)give the key person licensee an information notice about the decision; and

(b)if the chief executive believes the key person licensee is currently an employee or a key operator of a primary licensee—give the primary licensee a copy of the information notice.

58   Surrender of key person licence

(1)A key person licensee may surrender the licence by written notice given to the chief executive.

(2)The surrender takes effect on—

(a)the day the notice is given to the chief executive; or

(b)if a later day of effect is stated in the notice—the later day.

(3)If the chief executive believes the key person licensee was at the time of the surrender an employee or a key operator of a primary licensee, the chief executive must promptly give notice of the surrender to the primary licensee.

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

Subdivision 1 Suspension and cancellation

59   Grounds

(1)Each of the following is a ground for suspending or cancelling a key person licensee’s key person licence—

(a)the key person licensee—

(i)is not a suitable person to hold a key person licence; or

(ii)acts in a way that is inappropriate for the conduct of approved lotteries; or

(iii)contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or

(iv)contravenes a condition of the licence;

(b)the key person licensee has a conviction, other than a spent conviction, for—

(i)an offence against this Act or a gaming Act; or

(ii)an indictable offence;

(c)the key person licence was issued because of a materially false or misleading representation or document.

(2)For forming a belief that the ground mentioned in subsection (1)(a)(i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 49(2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.

(3)For subsection (1)(a)(ii), a key person licensee acts in a way that is inappropriate for the conduct of approved lotteries if the licensee does, or omits to do, an act that results in—

(a)the conduct of approved lotteries by a lottery operator not being conducted under the operator’s control system for the conduct of the lotteries; and

(b)the integrity of the conduct of approved lotteries being jeopardised.

60   Show cause notice

(1)If the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice).

(2)The show cause notice must state the following—

(a)the action the chief executive proposes taking under this subdivision (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is suspension of the licence—the proposed suspension period;

(e)that the key person licensee may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.

(3)The show cause period must end at least 21 days after the key person licensee is given the show cause notice.

(4)Subsection (5) applies if the chief executive believes—

(a)the key person licensee is an employee or a key operator of a primary licensee; and

(b)the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved lotteries stated in the primary licence.

(5)The chief executive must immediately give a copy of the show cause notice to the primary licensee.

(6)The primary licensee may make written representations about the show cause notice to the chief executive in the show cause period.

61   Consideration of representations

The chief executive must consider all written representations (the accepted representations) made under section 60(2)(e) or (6).

62   Immediate suspension

(1)The chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes—

(a)a ground exists to suspend or cancel the licence; and

(b)it is necessary to suspend the licence immediately—

(i)in the public interest; or

(ii)to ensure the integrity of the conduct of approved lotteries is not jeopardised.

(2)The suspension—

(a)can be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and

(b)operates immediately the information notice is given to the licensee; and

(c)continues to operate until the show cause notice is finally dealt with.

(3)If the chief executive believes the key person licensee is an employee or a key operator of a primary licensee, the chief executive must immediately give written notice of the suspension to the primary licensee.

63   Suspension and cancellation of licence after show cause process

(1)This section applies if—

(a)there are no accepted representations for a show cause notice; or

(b)after considering the accepted representations for a show cause notice, the chief executive—

(i)still believes a ground exists to suspend or cancel a key person licence; and

(ii)believes suspension or cancellation of the licence is warranted.

(2)This section also applies if a key person licensee contravenes a direction given to the licensee under section 65A.

(3)The chief executive may—

(a)if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.

(4)If the chief executive decides to take action under subsection (3), the chief executive must immediately—

(a)give an information notice about the decision to the key person licensee; and

(b)if the chief executive believes the licensee is an employee or a key operator of a primary licensee—give written notice of the suspension or cancellation to the primary licensee.

(5)The decision takes effect on the later of the following—

(a)the day the information notice is given to the key person licensee;

(b)the day of effect stated in the information notice.

(6)If the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect.

Maximum penalty for subsection (6)—40 penalty units.

Subdivision 2 Other action by chief executive

64   Ending show cause process without further action

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.

(2)The chief executive—

(a)must not take any further action about the show cause notice; and

(b)must give each of the following a written notice stating that no further action is to be taken—

(i)the key person licensee;

(ii)a primary licensee to whom a copy of the show cause notice was given under section 60(5).

65   Censuring key person licensee

(1)The chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive—

(a)believes a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or

(b)after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.

(2)The censure can be effected only by the chief executive giving the key person licensee an information notice about the decision to censure the licensee.

(3)If the chief executive believes the key person licensee is an employee or a key operator of a primary licensee, the chief executive must immediately give written notice of the censure to the primary licensee.

65A   Direction to rectify matter after show cause process

(1)This section applies if, after considering the accepted representations for a show cause notice, the chief executive—

(a)still believes a ground exists to suspend or cancel a key person licence; and

(b)believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.

(2)The chief executive may direct the key person licensee to rectify the matter.

(3)If the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice about the decision.

(4)The information notice must state the period for rectifying the matter.

(5)The period must be reasonable, having regard to the nature of the matter to be rectified.

(6)If the chief executive gave a copy of the show cause notice to a primary licensee under section 60(5), the chief executive must give written notice of the direction to the primary licensee immediately after giving the information notice to the key person licensee.

65B   Cancellation or reduction of period of suspension

(1)If the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—

(a)cancel the period; or

(b)reduce the period by a stated period.

(2)The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.

(3)The chief executive must immediately give written notice of the decision to—

(a)the key person licensee; and

(b)if the chief executive believed the key person licensee was an employee or a key operator of a primary licensee when the key person licence was suspended—the primary licensee.

(4)Subsection (1) does not apply to an immediate suspension.

Division 5 Investigation of key person licensees

66   Audit program

(1)The chief executive may approve an audit program for investigating key person licensees.

(2)The chief executive is responsible for ensuring that investigations of key person licensees are conducted under an approved audit program in accordance with the program.

(3)A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.

67   Investigations into suitability of key person licensees

(1)The chief executive may investigate a key person licensee to help the chief executive decide whether the licensee is a suitable person to hold, or to continue to hold, a key person licence.

(2)However, the chief executive may investigate a key person licensee under this section only if—

(a)the chief executive reasonably suspects the licensee is not, or is no longer, a suitable person to hold a key person licence; or

(b)the investigation is made under an audit program for key person licensees approved by the chief executive.

68   Requirement to give information or document for investigation

(1)In investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.

(2)When making the requirement, the chief executive must warn the key person licensee that it is an offence to fail to comply with the requirement, unless the licensee has a reasonable excuse.

(3)The key person licensee must comply with the requirement, unless the licensee has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)It is a reasonable excuse if complying with the requirement might tend to incriminate the key person licensee.

(5)The key person licensee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.

69   Reports about criminal history

(1)If the chief executive, in making an investigation under section 50 or 67 into the suitability of a person to hold, or to continue to hold, a key person licence, asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.

(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

Division 6 Requirements about employment

70   Notice of start of licensed employee’s employment

Within 7 days after a licensed employee starts employment with a primary licensee, the primary licensee must notify the chief executive of the start of the employment by notice in the approved form.

Maximum penalty—40 penalty units.

71   Returns about employees

(1)The chief executive may, by written notice given to a primary licensee, require the licensee to give a return under this section.

(2)The notice must state the time (not less than 14 days after the notice is given) for giving the return.

(3)A notice must not be given under this section within 1 month after the giving of a previous notice.

(4)If a primary licensee is given a notice under subsection (1), the licensee must give a return as required by this section listing the licensed and unlicensed employees currently employed by the licensee and the nature of the duties in which each of them is engaged.

Maximum penalty—40 penalty units.

(5)The return must—

(a)be in the approved form; and

(b)be given to the chief executive within the time stated in the notice.

72   Notice of end of licensed employee’s employment

(1)This section applies if—

(a)a primary licensee ends the employment of a licensed employee; or

(b)a licensed employee ends the employee’s employment with a primary licensee; or

(c)a licensed employee otherwise ceases to be employed by a primary licensee.

(2)Within 7 days after a licensed employee’s employment with a primary licensee ends, the primary licensee must notify the chief executive of the end of the employment by notice in the approved form.

Maximum penalty—40 penalty units.

73   Requirement to end licensed employee’s employment

(1)This section applies if—

(a)a key person licence held by a licensed employee of a primary licensee is cancelled or suspended; or

(b)a licensed employee of a primary licensee ceases to hold a key person licence for some other reason.

(2)The chief executive may, by written notice given to the primary licensee, require the licensee to terminate the employee’s employment as a key employee within the time stated in the notice.

(3)The primary licensee must comply with the requirement.

(4)This section applies to a primary licensee despite another Act or law or any industrial award or agreement.

(5)A primary licensee does not incur any liability by complying with a requirement of the chief executive under this section.

Division 7 Requirements about association with key operators

74   Notice to end key operator’s role

(1)This section applies if a person who holds a key person licence as a key operator stops being a key operator for a primary licensee.

(2)Within 7 days after the person stops being a key operator for the primary licensee, the primary licensee must notify the chief executive of that fact by notice in the approved form.

Maximum penalty—40 penalty units.

75   Requirement to end key operator’s role

(1)This section applies if—

(a)a key person licence held by a key operator for a primary licensee is cancelled or suspended; or

(b)a key operator for a primary licensee ceases to hold a key person licence for some other reason.

(2)The chief executive may, by written notice given to the primary licensee, require the primary licensee to take any action reasonably necessary to ensure that the person ceases to be a key operator for the licensee within the time stated in the notice.

(3)The primary licensee must comply with the notice.

(4)This section applies to a primary licensee despite any other Act or law.

(5)A primary licensee does not incur any liability because the licensee complies with a notice under this section.

Division 8 General

76   False statements by applicants

A person must not, for an application made under this part, state anything the person knows is false or misleading in a material particular.

Maximum penalty—40 penalty units.

77   Destruction of fingerprints

(1)This section applies if—

(a)an application for a key person licence is refused; or

(b)a key person licence is surrendered; or

(c)a key person licence lapses; or

(d)a key person licence is cancelled.

(2)The chief executive must cause any fingerprints of the applicant or former key person licensee taken for the application for the key person licence to be destroyed as soon as practicable.

Part 4    Lottery agents

Division 1 Agency agreements

78   Meaning of agency agreements

An agency agreement is an agreement between a lottery operator and another person—

(a)appointing the other person as an agent (a lottery agent) for 1 or more of the following purposes—

(i)selling lottery tickets;

(ii)paying prizes;

(iii)promoting lotteries conducted by the lottery operator;

(iv)another purpose relating to the conduct of lotteries by the lottery operator; and

(b)dealing with the lottery agent’s authority; and

(c)stating the conditions under which the lottery agent acts as, and remains, an agent of the lottery operator; and

(d)stating other matters agreed between the lottery agent and the lottery operator.

79   Conditions for entering into agency agreement

(1)A lottery operator may enter into an agency agreement with a person only if—

(a)it is entered into in relation to a small business owned and controlled by the person; and

(b)the person is prescribed under a regulation as a person eligible to be a lottery agent.

(2)Subsection (1)(a) does not apply if the business in relation to which the agency agreement is to be entered into is—

(a)a business in relation to which a previous agency agreement applied; or

(b)a mail order business.

(3)A lottery operator may enter into an agency agreement only if the agreement—

(a)states the lottery agent’s place of operation; and

(b)includes any other provisions required by the chief executive.

(4)The chief executive may, by written notice given to a lottery operator and lottery agent, require them to amend their agency agreement in a stated way.

(5)A notice under subsection (4) must state—

(a)the amendment required; and

(b)the reason for the amendment; and

(c)the time, not less than 30 days after the notice is given to both parties to the agreement, within which they must comply with the notice; and

(d)that the lottery operator or lottery agent may apply, as provided under the QCAT Act, to the tribunal for a review of the decision to require the amendment.

(6)The chief executive must not require the inclusion of a provision in an agency agreement, or an amendment of an agency agreement, unless the chief executive believes on reasonable grounds that the inclusion of the provision or the amendment is reasonably necessary to ensure—

(a)the integrity of the conduct of lotteries by the lottery operator is not jeopardised in a material way; or

(b)the public interest is not affected in an adverse and material way.

(7)In this section—

mail order business means a business intended to be operated by a person for selling tickets (whether by mail or otherwise) to persons outside Queensland.

previous agency agreement means an agency agreement that is, under section 243(1), taken to be an agency agreement duly made in accordance with this Act.

small business means a business undertaking—

(a)that is wholly owned and controlled by an individual or individuals in partnership or by a proprietary company within the meaning of the Corporations Act; and

(b)that is managed by the owner or directors; and

(c)that is not a subsidiary of, or does not form part of, a larger business or enterprise; and

(d)in which—

(i)no more than 50 persons are employed; or

(ii)if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000.

80   [Repealed]

81   [Repealed]

82   [Repealed]

Division 2 Terminating agency agreements

83   Grounds for termination

(1)Each of the following is a ground for directing the termination of an agency agreement—

(a)the lottery agent is not, or is no longer, a suitable person to be a lottery agent;

(b)a business or executive associate of the lottery agent is not, or is no longer, a suitable person to be associated with a lottery agent’s operations;

(c)the lottery agent has been convicted of an offence against this Act or a gaming Act;

(d)the lottery agent has been convicted of an indictable offence;

(e)the lottery agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).

(2)Also, it is a ground for directing the termination of an agency agreement if the lottery agent is not, or is no longer, eligible to be a lottery agent for a lottery operator.

(3)For forming a belief that the ground mentioned in subsection (1)(a) exists, the chief executive may have regard to the following issues—

(a)the lottery agent’s character or business reputation;

(b)the lottery agent’s current financial position and financial background;

(c)the lottery agent’s general suitability to act as an agent for a lottery operator.

(4)For forming a belief that the ground mentioned in subsection (1)(b) exists, the chief executive may have regard to the business or executive associate’s character or business reputation, and current financial position and financial background.

84   Show cause notice

(1)This section applies if the chief executive believes—

(a)a ground exists for directing the termination of an agency agreement; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or

(ii)the public interest may be affected adversely.

(2)The chief executive must give the lottery agent a written notice (a show cause notice) that—

(a)states the chief executive proposes to take action (the proposed action) to direct the lottery operator to terminate the agency agreement; and

(b)states the grounds for the proposed action; and

(c)outlines the facts and circumstances forming the basis for the grounds; and

(d)invites the agent to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must be a period ending not less than 21 days after the show cause notice is given to the lottery agent.

(4)The chief executive must promptly give a copy of the show cause notice to the lottery operator.

(5)A lottery operator to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period.

(6)The chief executive must consider all written representations (the accepted representations) made during the show cause period by—

(a)the lottery agent; or

(b)a lottery operator to whom a copy of the show cause notice is given.

85   Suspending lottery agent’s operations

(1)This section applies if the chief executive believes—

(a)a ground exists to direct the termination of an agency agreement; and

(b)it is necessary to suspend the lottery agent’s operations—

(i)in the public interest; or

(ii)to ensure the integrity of the conduct of lotteries by the lottery operator is not jeopardised.

(2)The chief executive may suspend the lottery agent’s operations.

(3)The suspension—

(a)must be effected by written notice (a suspension notice) given to the lottery agent with a show cause notice; and

(b)operates immediately the suspension notice is given; and

(c)continues to operate until the show cause notice is finally dealt with.

(4)The suspension notice must state the reason for the decision to suspend the lottery agent’s operations.

(5)The chief executive must promptly give a copy of the suspension notice to the lottery operator.

(6)A lottery agent must not carry on operations while the agent’s operations are suspended.

Maximum penalty for subsection (6)—200 penalty units or 2 years imprisonment.

86   Censuring lottery agent

(1)This section applies if the chief executive—

(a)believes a ground exists to direct the termination of the agency agreement; but

(b)does not believe the giving of a show cause notice to the lottery agent is warranted.

(2)This section also applies if, after considering the accepted representations for the show cause notice, the chief executive—

(a)still believes a ground exists to direct the termination of the agency agreement; but

(b)does not believe termination of the agreement is warranted.

(3)The chief executive may, by written notice given to the lottery agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.

(4)The notice must state the reason for the decision to censure the lottery agent.

(5)The chief executive must promptly give a copy of the notice to the lottery operator.

87   Direction to rectify

(1)This section applies if, after considering the accepted representations for the show cause notice, the chief executive—

(a)still believes a ground exists to direct the termination of the agency agreement; but

(b)considers a matter relating to the ground is capable of being rectified and that it is appropriate to give the lottery agent an opportunity to rectify the matter.

(2)The chief executive may, by written notice given to the lottery agent, direct the agent to rectify the matter within the period stated in the notice.

(3)The notice must state the reason for the decision to give the direction.

(4)The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.

(5)The chief executive must promptly give a copy of the notice to the lottery operator.

88   Directions to terminate affecting lottery agents

(1)This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes—

(a)a ground exists to direct the termination of the agency agreement; and

(b)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(c)either—

(i)the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or

(ii)the public interest may be affected adversely.

(2)This section also applies if the lottery agent fails to comply with a direction to rectify a matter within the period stated in the relevant notice.

(3)The chief executive may, by written notice given to the lottery operator, direct the lottery operator to terminate the agreement within the time stated in the notice.

(4)If the chief executive decides to give a direction under this section, the chief executive must promptly give written notice of the decision to the lottery agent affected by the decision.

(5)A notice under subsection (3) or (4) must comply with the QCAT Act, section 157(2).

89   Termination of agreement

(1)If the chief executive directs a lottery operator to terminate an agency agreement, the lottery operator must terminate the agreement within the time stated in the notice giving the direction.

(2)If the lottery operator does not terminate the agency agreement as required by subsection (1), the agreement is terminated by this Act.

(3)The State does not incur any liability if an agency agreement is terminated by a lottery operator under subsection (1) or by this Act.

(4)A lottery operator does not incur any liability because the lottery operator terminates an agency agreement under subsection (1).

90   [Repealed]

Division 3 Investigations into suitability

91   Investigations

(1)The chief executive may investigate a lottery agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be a lottery agent.

(2)The chief executive may investigate a business or executive associate of a lottery agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be associated with a lottery agent’s operations.

(3)However, the chief executive may investigate a lottery agent, or a business or executive associate of a lottery agent, only if the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be a lottery agent, or to be associated with a lottery agent’s operations.

92   Requirement to give information or material for investigation

(1)In investigating a lottery agent or business or executive associate of a lottery agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.

(2)When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(3)The person must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)It is a reasonable excuse if complying with the requirement might tend to incriminate the person.

(5)The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.

93   Reports about person’s criminal history

(1)If the chief executive, in making an investigation under this division about a person, asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.

(2)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

Part 5    Lottery tax and licence fee

94   Liability to tax

(1)A lottery operator must pay a tax (a lottery tax) to the chief executive.

(2)The lottery tax is to be calculated and paid in accordance with a regulation.

95   Liability to licence fees

(1)A primary licensee must give consideration (the licence fees) for the primary licence.

(2)The licence fees are to be calculated and paid or satisfied in accordance with the conditions of the primary licence.

96   Returns for calculation of lottery tax

(1)A lottery operator must give the chief executive returns as required under a regulation giving the details required under the regulation for the calculation of lottery tax.

(2)A return must be in the approved form.

97   Penalty for late payment

(1)A primary licensee must pay to the chief executive a penalty on an amount or value of lottery tax or licence fee outstanding (the unpaid amount) as at the end of the period allowed for payment.

(a)an entity prescribed under a regulation; or

(b)an officer, employee or member of the entity; or

(c)a stated department, person or other entity.

(4)Before giving an approval for subsection (3)(c), the chief executive must—

(a)give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and

(b)give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.

(5)If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.

(6)In this section—

confidential information means information, other than information that is publicly available, about—

(a)a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or

(b)a person making an application under this Act.

225A   Commissioner of police service to notify changes in criminal history

(1)This section applies if—

(a)the chief executive gives the commissioner of the police service the name of a relevant person for this section; and

(b)the commissioner reasonably suspects a person who is charged with an offence is the relevant person.

(2)The commissioner must notify the chief executive about the change in the person’s criminal history.

(3)The notice must state the following—

(a)the person’s name and address;

(b)the person’s date of birth;

(c)the offence the person is charged with;

(d)particulars of the offence;

(e)the date of the charge.

(4)The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1).

(5)In this section—

relevant person means—

(a)a licensed employee; or

(b)a primary licensee who is an individual; or

(c)an individual identified by the Minister as being a business or executive associate of a primary licensee.

226   Delegations

(1)The Minister may delegate the Minister’s powers under this Act to—

(a)the chief executive; or

(b)an appropriately qualified inspector or an appropriately qualified officer of the department.

(2)The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.

(3)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

226A    Chief executive may make guidelines

(1)The chief executive may make guidelines to inform persons about—

(a)the attitude the chief executive is likely to adopt on a particular matter; or

(b)how the chief executive administers this Act.

(2)The chief executive must publish the guidelines on the department’s website.

227   Approval of forms

The chief executive may approve forms for use under this Act.

228   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may—

(a)be about fees; or

(b)impose a penalty of no more than 20 penalty units for contravention of a regulation; or

(c)be about—

(i)establishing, and operating, a player account; or

(ii)cancelling a lottery ticket; or

(iii)void lottery tickets; or

(iv)drawing a lottery, and publishing results of the draw; or

(v)claiming a prize; or

(vi)distributing a prize pool; or

(vii)withdrawing unsold lottery tickets; or

(viii)prize payouts; or

(d)be about the methods of payment used—

(i)with regulated lottery equipment; or

(ii)to participate in a lottery; or

(iii)for paying prizes or refunding an amount wagered on a lottery; or

(iv)for making a deposit to, or a withdrawal from, a player account.

Part 11A    Transaction involving GCLC

Division 1 Preliminary

228A   Definitions for pt 11A

In this part—

commencement day means the day this part commences.

constitution see the Corporations Act, section 9.

current lottery licence, of GCLC, means the lottery licence held by GCLC immediately before the commencement day.

GCLC means Golden Casket Lottery Corporation Limited ACN 078 785 449.

GCLC company means—

(a)GCLC; or

(b)a subsidiary of GCLC other than Bounty Limited ACN 096 276 292.

mandatory constitutional requirements means—

(a)the requirement under section 228K that a GCLC company must have a constitution at all times; and

(b)the requirements under section 228K about what must be in a GCLC company’s constitution at all times.

share means a share in the share capital of a body corporate.

State company means Queensland Lottery Corporation Pty Ltd ACN 124 921 311.

subsidiary see the Corporations Act, section 9.

transaction means the transaction mentioned in section 228B.

228B   Object

The object of this part is to facilitate a transaction comprising the following—

(a)GCLC stops being a company GOC;

(b)the shares in GCLC are transferred;

(c)GCLC’s current lottery licence ends;

(d)a lottery licence is issued to the State company;

(e)a lottery operator’s licence is issued to GCLC;

(f)the State company and GCLC enter into an agreement which is approved as a lottery operation agreement;

(g)the State company starts operating as a lottery licensee;

(h)GCLC starts operating as a lottery operator in compliance with this part.

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

228C   Minister’s power to execute share transfers

(1)For the transaction, the Minister may execute any document transferring shares in GCLC to a person.

(2)Subsection (1) applies even if the shares are held by a Minister other than the Minister.

228D   GCLC stops being a company GOC

(1)At the beginning of the commencement day, GCLC stops being a company GOC.

(2)Subsection (1) does not affect GCLC’s registration under the Corporations Act.

228E   GCLC’s current lottery licence ends

At the beginning of the commencement day, GCLC is taken to have surrendered its current lottery licence.

228F   Issue of licences to the State company and GCLC

(1)On the commencement day, the Minister must—

(a)issue a lottery licence to the State company; and

(b)issue a lottery operator’s licence to GCLC.

(2)For all purposes, the licences are taken to have been issued at the beginning of the day.

(3)The term of each licence is the period ending on 31 July 2072.

(4)Sections 9 to 15 do not apply to the issue of the licences.

(5)Otherwise, this section does not limit the application of this Act to the licences.

Examples for subsection (5)—

1The conditions of a licence may be changed under section 18.

2A licence may be suspended or cancelled, or amended to omit a lottery, under part 2A, division 5.

228G   GCLC continuously authorised to conduct lotteries

To remove any doubt, it is declared that there is no time, between holding its current lottery licence and holding the lottery operator’s licence issued under section 228F, at which GCLC does not hold a licence under this Act to conduct a lottery.

228H   Lottery operation agreement

(1)This section applies if, on or before the commencement day, the State company and GCLC enter into an agreement for the purpose of this section.

(2)On or as soon as practicable after the commencement day, the State company and GCLC must give a copy of the agreement to the Minister.

(3)From the beginning of the commencement day, the agreement is taken to be approved by the Minister as a lottery operation agreement under part 2B.

228I   Disposal of public records

(1)This section applies if—

(a)a thing is done as part of the transaction; and

(b)the thing is, or involves, a disposal of a public record under the Public Records Act 2023.

(2)To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.

Division 3 Constitutions of GCLC companies and related matters

228J   Application of div 3

This division applies to each GCLC company while a lottery operation agreement is in force between GCLC and the State company.

228K   Mandatory constitutional requirements for GCLC companies

(1)A GCLC company must have, at all times, a constitution requiring the company’s head office to be located in Queensland.

(2)Without limiting subsection (1), a constitution does not comply with subsection (1) unless it requires—

(a)the principal operational offices of the following company officers and personnel, however described, to be located in Queensland—

(i)at least 2 of the company’s directors;

(ii)the chairperson;

(iii)the senior officer having overall management of the company’s affairs;

(iv)the senior officer having overall management of the company’s financial affairs;

(v)the senior officer having overall management of the company’s lottery operations;

(vi)the senior officer having overall management of any of the company services mentioned in paragraph (b)(i) to (vii); and

(b)the principal operational offices for the following company services, however described, to be located in Queensland—

(i)distribution, sales and marketing;

(ii)strategic planning and business and product development;

(iii)accounting;

(iv)human resource management;

(v)risk management, compliance, audit and regulatory affairs;

(vi)information technology and related services;

(vii)administration and corporate services; and

(c)the following meetings of the company to be held in Queensland—

(i)each annual general meeting;

(ii)a majority of the board meetings in each year.

228L   Inconsistent alterations to GCLC companies’ constitutions have no effect

(1)A resolution of a GCLC company that would, apart from this subsection, have the effect of the company ceasing to have a constitution, or of altering the company’s constitution so that it would not comply with section 228K, has no effect.

(2)A resolution of a GCLC company has no effect if it would—

(a)if acted on and apart from this subsection—result in a contravention of the mandatory constitutional requirements; or

(b)apart from this subsection—ratify an act or omission contravening the mandatory constitutional requirements.

228M   Injunctions

(1)Subsection (2) applies if a GCLC company or another person has engaged, is engaging or is proposing to engage in conduct constituting—

(a)a contravention of the mandatory constitutional requirements; or

(b)attempting to contravene the mandatory constitutional requirements; or

(c)aiding, abetting, counselling or procuring a person to contravene the mandatory constitutional requirements; or

(d)inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitutional requirements; or

(e)being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitutional requirements; or

(f)conspiring with others to contravene the mandatory constitutional requirements.

(2)On the application of the Minister, the Supreme Court may grant an injunction restraining the company or other person from engaging in the conduct and, if the court considers it appropriate, requiring the company or other person to do something.

(3)If a GCLC company or another person has failed, is failing or is proposing to fail to do something that the company or other person is required by the mandatory constitutional requirements to do, the Supreme Court may, on the application of the Minister, grant an injunction requiring the company or other person to do the thing.

(4)On an application under subsection (2) or (3), the court may grant the injunction sought with the consent of all the parties to the proceeding, whether or not the court is satisfied the subsection applies.

(5)The court may grant an interim injunction pending a decision on an application under subsection (2) or (3).

(6)The court may discharge or vary an injunction, and may grant an injunction on conditions.

(7)The court’s power to grant an injunction restraining a GCLC company or another person from engaging in conduct may be exercised—

(a)whether or not it appears to the court that the company or other person intends to engage again, or to continue to engage, in the conduct; and

(b)whether or not the company or other person has previously engaged in conduct of that kind; and

(c)whether or not there is an imminent danger of substantial damage to a person if the company or other person engages, or continues to engage, in the conduct.

(8)The court’s power to grant an injunction requiring a GCLC company or another person to do something may be exercised—

(a)whether or not it appears to the court that the company or other person intends to fail again, or to continue to fail, to do the thing; and

(b)whether or not the company or other person has previously failed to do a thing of that kind; and

(c)whether or not there is an imminent danger of substantial damage to a person if the company or other person fails, or continues to fail, to do the thing.

(9)If the Minister makes an application under subsection (2) or (3), the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.

228N   Other powers of Supreme Court

(1)Subsection (2) applies if the Supreme Court has power under section 228M to grant an injunction restraining a GCLC company or another person from engaging in particular conduct, or requiring a GCLC company or another person to do a particular thing.

(2)The court may, either in addition to, or in substitution for, the grant of the injunction, make any other order it considers appropriate against the company or the other person who engaged in the conduct or a person who was involved in the failure to do the thing.

228O   Jurisdiction of Supreme Court

The Supreme Court has jurisdiction for matters arising under this part and that jurisdiction is exclusive of the jurisdiction of all other courts, other than the jurisdiction of the High Court under the Commonwealth Constitution, section 75.

228P   Delegation by Minister

The Minister may delegate the Minister’s powers to apply to the Supreme Court under section 228M to the chief executive.

228Q   Suspension or cancellation of licence for breach of head office provision

(1)This section applies if a lottery operation agreement to which GCLC is a party includes a head office provision.

(2)The following provisions do not apply in relation to the suspension or cancellation of a primary licence, on the ground stated in section 24(1)(g), for a breach of the head office provision—

•section 25(1)(b) and (c)

•section 31(1)(b) and (c).

(3)In this section—

head office provision means a provision of an agreement imposing on a party—

(a)a requirement that the party must establish and retain in Queensland the national and international headquarters of the party’s lottery business; or

(b)another requirement that is the same as, or substantially similar to, a requirement that must be contained in the constitution of a GCLC company under section 228K.

Part 12    Repeals and transitional provisions

Division 1 Repeals

229   Repeal of Lotteries Act 1994

The Lotteries Act 1994 is repealed.

230   References to repealed Act

A reference in any other Act or instrument to the repealed Act is to be read (where the context admits) as a reference to this Act.

Division 2 Transitional provisions for Lotteries Act 1997

231   [Repealed]

232   [Repealed]

233   [Repealed]

234   [Repealed]

235   Application of division

This division applies only if, on the commencement day, the corporation becomes the holder of a lottery licence.

236   Definitions

In this division—

commencement day means the day on which the provision in which the term is used commences.

corporation means the Golden Casket Lottery Corporation established under the repealed Act and, if before or on the commencement day that entity becomes a government owned corporation, includes the entity as a government owned corporation.

repealed Act means the Lotteries Act 1994.

237   Corporation’s exclusive rights

(1)This section applies if the Minister issues a lottery licence to the corporation before issuing a lottery licence to another person.

(2)The lottery licence may be issued as an exclusive licence for a specified term and on specified conditions.

(3)The lottery licence may be issued on conditions about the exclusive right of the corporation to conduct certain gaming schemes or classes of gaming schemes.

238   Approval of corporation’s control system

(1)This section applies if, on the commencement day, the corporation makes a control system submission to the chief executive.

(2)The corporation’s control system is taken to be an approved control system until the chief executive approves or refuses to approve the control system.

239   Approval of corporation’s regulated lottery equipment

(1)This section applies if, on the commencement day, the corporation applies to the chief executive for approval of the corporation’s regulated lottery equipment.

(2)The corporation’s regulated lottery equipment is taken to be approved lottery equipment for the corporation until the chief executive approves or refuses to approve the equipment.

240   Lotteries in progress and unclaimed prize money at commencement day

(1)A lottery that had been commenced under the repealed Act by the corporation but not completed at the commencement day may be continued and completed under this Act by the corporation.

(2)If, immediately before the commencement day, an amount was identified in the corporation’s accounting records under the repealed Act, section 28(1) as unclaimed prize money for a lottery, the corporation—

(a)must continue to identify the amount in its accounting records as unclaimed prize money for the lottery until the end of 1 year after the closure of the lottery; and

(b)may, at the end of the period mentioned in paragraph (a), use the money as if it were money to which section 132(2) applied.

(3)If, before the commencement day, the corporation was entitled to use unclaimed prize money for a lottery under the repealed Act, section 28(2) but did not use the money under the subsection, the corporation may use the money as if it were money to which section 132(2) applied.

241   Continued operation for certain purposes of repealed Act

(1)Despite its repeal, the repealed Act, sections 17(2), 18 and 24(1) to (5) (the former provisions), and the rules in force under the repealed Act immediately before the commencement day (the former rules), continue to operate, and apply to lotteries conducted under this Act by the corporation, as if they were valid rules under this Act until the earlier of the following—

(a)the end of the period of 1 year from the commencement day;

(b)the commencement of rules made under this Act superseding the relevant former provisions or rules.

(2)A rule expressed to supersede a former provision or rule operates to the exclusion of the former provision or rule.

(3)In this section and for the former provisions and rules—

entry form means a lottery ticket.

selling fee means the amount to which a lottery agent is entitled for processing the entry form for a participant in the lottery concerned under the agent’s agency agreement.

subscription means the amount calculated by deducting any selling fee from the price of a lottery ticket.

242   Key employees

(1)This section applies to a key employee of the corporation who, on the commencement day, applies to the chief executive to be licensed as an employee under a key person licence.

(2)The key employee is taken to be a licensed employee until the chief executive grants or refuses to grant the application.

243   Agency agreements

(1)An agency agreement made under the repealed Act by the corporation before and in force at the commencement day is taken to be an agency agreement duly made in accordance with this Act.

(2)Within 7 days after the commencement day, the corporation must give the chief executive a written notice informing the chief executive of the name and place of operation of each lottery agent with whom the corporation has an agency agreement to which this section applies.

(3)An agency agreement that continues in force under this section terminates (if it does not terminate earlier for some other reason) when the corporation ceases to be a lottery licensee.

244   Agreements with foreign agencies

An agreement between the corporation and a foreign agency in force immediately before the commencement day continues in force as an approved arrangement under section 7.

245   [Expired]

246   Re-enactment of Golden Casket Art Union Act 1978, s 22A

(1)In this section—

Instant Casket has the same meaning as it had for the purposes of the Golden Casket Art Union Act 1978, section 22A.

symbol includes amount, word and number.

(2)This section is enacted to settle any doubt about whether tickets in certain Instant Caskets conducted before the commencement day are tickets that entitle the ticket holder to a prize.

(3)Subsections (5) and (6) apply to a ticket in an Instant Casket that included a statement to the effect that a prize is won if a specified number of symbols printed in a panel on the ticket are matched.

(4)Subsection (7) applies to a ticket in an Instant Casket whether or not it included a statement to that effect.

(5)The ticket is a winning ticket only if the panel has printed in it the specified number of the same symbol.

Example of winning ticket—

1Statement on ticket—‘Match 3 numbers and win’.

2Panel on ticket.

7	1
Seven	One
3	7
Three	Seven
4	7
Four	Seven

(6)The ticket is not a winning ticket if, for example, the panel has printed in it the specified number of pairs of different symbols.

Example of non-winning ticket—

1Statement on ticket—‘Match 3 numbers and win’.

2Panel on ticket.

7	1
Seven	One
3	7
Three	Seven
3	1
Three	One

(7)In deciding whether a ticket is a winning ticket, a caption to a symbol is taken to be part of the symbol and not a separate symbol.

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

247   Continuation of appeals

(1)This section applies if—

(a)an appeal to a Magistrates Court was started under this Act before the commencement of this section; and

(b)the appeal was not finally decided before the commencement.

(2)This section applies despite the amendment of this Act by the Gaming Machine and Other Legislation Amendment Act (No. 2) 1999.

(3)The appeal may be continued and decided under this Act as in force immediately before the commencement of this section.

Division 4 Transitional provisions for Gambling Legislation Amendment Act 2004

248   Definitions for div 4

In this division—

commencement means the day this division commences.

pre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 7.

249   [Repealed]

250   Direction to rectify under pre-amended Act

(1)This section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 63, if, before the commencement—

(a)the period for rectifying the matter under that Act has not ended; or

(b)the period for rectifying the matter under that Act has ended and action has not been taken under section 64 of that Act in relation to a failure to comply with the direction.

(2)A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 7, had not commenced.

251   [Repealed]

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

252   Payment of prizes—s 130

Section 130(5) and (6) is taken to apply, and to have always applied, to an approved lottery conducted during the following period immediately before the commencement of this section—

(a)if the approved lottery is prescribed under a regulation as a designated lottery for section 129—3 years; or

(b)if paragraph (a) does not apply—7 years.

Division 6 Transitional provisions for Lotteries Amendment Act 2007

253   Definition for div 6

In this division—

commencement day means the day of commencement of the provision in which the term appears.

254   Approvals, key person licences, agreements and other documents continue unaffected

(1)Each current document continues in force under this Act despite GCLC ceasing to be a lottery licensee and becoming a lottery operator under part 11A.

(2)Unless the context otherwise requires, a reference in a current document to GCLC as a lottery licensee is taken to be a reference to GCLC as a lottery operator.

(3)In this section—

current document means any of the following in force immediately before the commencement day—

(a)the chief executive’s approval under section 7 of an arrangement to which GCLC is a party;

(b)a key person licence, notice or other document relating to GCLC under part 3;

(c)an agency agreement between GCLC and another person or other document relating to GCLC under part 4;

(d)an approval, submission, direction, notice or other document relating to GCLC under part 6;

(e)an approval, notice, direction or other document relating to GCLC under part 7;

(f)a requirement, direction or other document relating to GCLC under part 8.

255   Requirements relating to taxes, fees, records and other matters

(1)This section applies to any of the following requirements applying to GCLC that relate entirely or partly to its operations before the commencement day—

(a)a requirement under part 5 to pay a tax, fee or penalty or give a return;

(b)a requirement under part 6 to keep a record, prepare a statement or account, give a return or report or do another thing;

(c)a requirement under part 7, division 4, about prize money;

(d)other requirements under part 7 relating to the conduct of an approved lottery or the operations of a lottery agent;

(e)a direction or other requirement under part 8.

(2)The requirement continues or arises under this Act despite GCLC ceasing to be a lottery licensee and becoming a lottery operator under part 11A.

256   Payment of prizes

Sections 131A, 131B and 132AA do not apply in relation to an approved lottery that closed before the commencement day.

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

257   Continuation of offence under s 100

(1)This section applies if a person is alleged to have committed an offence against section 100, as in force immediately before the commencement of this section.

(2)Despite the Criminal Code, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013, other than this section, had not commenced.

Schedule 1 Decisions not subject to appeal

section 39

Part 1    Decisions of Governor in Council

Section	Description of decision
32	amending a primary licence to omit a lottery stated in it
32	suspending a primary licence
32	cancelling a primary licence
32	appointing an administrator to conduct the operations of a primary licensee
34	for a primary licence that is suspended—cancelling or reducing any remaining period of suspension

Part 2    Decisions of Minister

Section	Description of decision
10	granting or refusing to grant an application for a primary licence
16	imposing a condition on a primary licence
18	changing conditions of a primary licence
28	suspending a primary licence
29	censuring a primary licensee
30	directing a primary licensee to rectify a matter
39C	granting or refusing to grant an application for approval of a proposed lottery operation agreement or a proposed amendment of a lottery operation agreement
117	giving, or refusing to give, an approval for an ancillary lottery agreement
120	directing the termination of a related agreement
193	directing a primary licensee or lottery agent to stop or change a management practice

Schedule 2 Decisions of chief executive subject to appeal

sections 214, 216 and 217

Part 1    Decisions affecting lottery operators

Section	Description of decision
79	requiring an amendment of an agency agreement
88	directing lottery operator to terminate an agency agreement
102(2)	directing a lottery operator to include additional details about a matter in the operator’s control system for conducting a lottery
133	approving regulated lottery equipment or a modification of the equipment, with conditions
133	refusing to approve regulated lottery equipment or a modification of the equipment
133	imposing a condition on an approval for regulated lottery equipment or a modification of the equipment
133	varying a condition of an approval for regulated lottery equipment or a modification of the equipment

Part 2    Decisions affecting licensees under key person licences

Section	Description of decision
55	imposing condition on key person licence
56	changing a condition of a key person licence
57	refusing to grant an application to replace a key person licence
62	immediately suspending a key person licence
63	suspending or cancelling a key person licence
65	censuring a key person licensee
65A	directing a key person licensee to rectify a matter

Part 3    Decisions affecting lottery agents

Section	Description of decision
79	requiring an amendment of an agency agreement
88	directing a lottery operator to terminate an agency agreement

Schedule 3 Dictionary

section 3

accepted representations—

(a)for part 2A, division 5—see section 27; and

(b)for part 3, division 4—see section 61; and

(c)for part 4, division 2—see section 84(6); and

(d)for part 7, division 1—see section 119(6).

agency agreement see section 78.

agency payment period ...

ancillary lottery agreement see section 116.

appointed inspector ...

approved control system ...

approved evaluator means an entity declared under a regulation to be an approved evaluator.

approved form see section 227.

approved lottery means a lottery conducted by a lottery operator under a lottery operator’s licence.

approved lottery equipment means regulated lottery equipment approved under section 133.

approved place see section 105.

business associate, of a lottery agent, means a person whom the chief executive reasonably believes to be associated with the ownership or management of the agent’s operations.

business associate, of an applicant for a primary licence, means a person who the Minister reasonably believes—

(a)is associated with the ownership or management of the applicant’s operations; or

(b)will, if a primary licence is issued to the applicant, be associated with the ownership or management of the licensee’s operations.

business associate, of a primary licensee, means a person whom the Minister reasonably believes to be associated with the ownership or management of the licensee’s operations.

closure, of a lottery, means—

(a)if a computer system is used to issue lottery tickets for the lottery—when the functioning computer system does not allow the tickets to be issued for the lottery; or

(b)in any other case—the day fixed by the lottery operator for the closure of the lottery by notice displayed in the lottery operator’s public office.

commencement, for part 12, division 4, see section 248.

commencement day—

(a)for part 11A—see section 228A; or

(b)for part 12, division 2—see section 236; or

(c)for part 12, division 6—see section 253.

computer system means a computer system operated by a lottery operator—

(a)to process entry forms in a lottery; and

(b)to issue lottery tickets; and

(c)to identify whether an entry is a winning entry.

condition notice see section 18.

conduct includes promote, organise and operate.

constitution, for part 11A, see section 228A.

control system means a system of internal controls for the conduct of lotteries by a lottery operator.

control system (change) submission ...

control system submission ...

conviction includes the acceptance of a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and—

(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b)despite section 5 of that Act, includes a charge made against the person for an offence.

current lottery licence, for part 11A, see section 228A.

document certification requirement see section 185.

document production requirement see section 185.

employ includes engage under a contract for services.

employee of a primary licensee or a lottery agent means a person employed by the licensee or agent in functions related to the conduct of lotteries.

entry form, for an approved lottery or other gaming scheme, means an application form for tickets in the lottery or other gaming scheme made available by the person conducting the lottery or other gaming scheme for use by prospective participants.

executive associate, of a lottery agent, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes to be associated with the ownership or management of the operations of the agent.

executive associate, of an applicant for a primary licence, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister whom the Minister reasonably believes—

(a)is associated with the ownership or management of the applicant’s operations; or

(b)will, if a primary licence is issued to the applicant, be associated with the ownership or management of the licensee’s operations.

executive associate, of a primary licensee, means an executive officer of a corporation, partner or trustee, or another person stated by the Minister, whom the Minister reasonably believes to be associated with the ownership or management of the operations of the licensee.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

exempt lottery record see section 105.

financial records requirement see section 190.

foreign agency means any of the following—

(a)a department of government of another jurisdiction authorised by the law of the other jurisdiction to conduct a gaming scheme;

(b)a statutory body or corporation established under the law of another jurisdiction that is authorised by the law of the other jurisdiction to conduct a gaming scheme;

(c)another entity permitted by the law of another jurisdiction to conduct a gaming scheme.

gaming Act means any of the following Acts—

•Casino Control Act 1982

•Charitable and Non-Profit Gaming Act 1999

•Gaming Machine Act 1991

•Interactive Gambling (Player Protection) Act 1998

•Keno Act 1996

•Wagering Act 1998.

Gaming Commission ...

gaming scheme see section 4.

GCLC see section 228A.

GCLC company, for part 11A, see section 228A.

identity card, for an inspector, means the inspector’s identity card under this Act.

indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.

information notice means a written notice complying with the QCAT Act, section 157(2).

inspector means a person who is an inspector under this Act.

interested person, for section 27, see section 26.

key employee see section 40.

key official means a lottery official declared under section 145 to be a key official.

key operator see section 43.

key operator’s requirement see section 44.

key person licence means a licence issued under section 51.

key person licensee means a person licensed under a key person licence.

licence fees see section 95.

licensed employee means a person licensed as an employee under a key person licence.

lottery see section 5.

lottery agent see section 78.

lottery employee means a person employed by a primary licensee in operations conducted under the primary licence.

lottery equipment means a machine or other device (whether electronic, electrical or mechanical), computer software, or another thing, used, or suitable for use, in connection with a lottery.

lottery licence means a licence under this Act to enter agreements with lottery operators for the conduct of lotteries.

lottery licensee means a person who holds a lottery licence.

lottery official means—

(a)an inspector; or

(b)an officer of the department.

lottery operation agreement see section 39A.

lottery operator means a person who holds a lottery operator’s licence.

lottery operator’s licence means a licence under this Act to conduct a lottery.

lottery record, of a primary licensee, means a record (including a document) about the operations conducted by the licensee under the licence.

lottery tax see section 94.

lottery ticket means a ticket in an approved lottery.

mandatory constitutional requirements, for part 11A, see section 228A.

official lottery document means—

(a)a lottery ticket; or

(b)a lottery licence; or

(c)a lottery operator’s licence; or

(d)a key person licence; or

(e)an inspector’s identity card.

participant, in an approved lottery or other gaming scheme, means a person who purchases a ticket, or otherwise participates, in the lottery or gaming scheme.

personal details requirement see section 182.

player account means an account established by a lottery operator for a person for use by the person in participating in a lottery conducted by the lottery operator under the lottery operator’s licence.

pre-amended Act, for part 12, division 4, see section 248.

primary licence means a lottery licence or lottery operator’s licence.

primary licensee means a lottery licensee or lottery operator.

proposed action, for part 3, division 4, see section 60(2)(a).

public office, for a primary licensee, means the licensee’s principal place of business in the State or, if the licensee is a corporation and has its registered office in the State, the registered office.

registered company auditor means a person registered as an auditor, or taken to be so registered, under the Corporations Act, part 9.2.

registrar ...

regulated lottery equipment means lottery equipment declared under a regulation to be regulated lottery equipment.

related agreement means—

(a)an agreement, contract, lease or arrangement (whether written or unwritten), other than a lottery operation agreement, that—

(i)is entered into between a lottery operator and another person; and

(ii)relates to the operations of the lottery operator under the licence; or

(b)an ancillary lottery agreement.

rules means rules made under section 121.

share, for part 11A, see section 228A.

show cause notice—

(a)for part 2A, division 5—see section 25(3); and

(b)for part 3, division 4—see section 60(1); and

(c)for part 4, division 2—see section 84(2); and

(d)for part 7, division 1—see section 119(2).

show cause period, for part 2A, division 5, see section 25(3)(e).

special warrant see section 164.

State company, for part 11A, see section 228A.

stop direction see section 180.

subsidiary, for part 11A, see section 228A.

ticket, in an approved lottery or other gaming scheme, means a right of participation (however described) in the lottery or other gaming scheme and includes a document, token or other thing evidencing a right to participate in the lottery or other gaming scheme.

transaction, for part 11A, see section 228A.

tribunal means QCAT.