Lotteries and Art Unions Amendment Act 1998 (NSW)

Case

New South Wales

Lotteries and Art Unions Amendment

Act 1998 No 97

Contents

Page

1 Name of Act 2
2 Commencement 2
3 Amendment of Lotteries and Art Unions Act 1901 No
34 2
Schedule 1 Amendments 3
New South Wales

Lotteries and Art Unions Amendment

Act 1998 No 97

Act No 97, 1998

An Act to amend the Lotteries and Art Unions Act 1901 to make lawful the conduct of certain games of housie. [Assented to 26 October 1998]

Section 1 Lotteries and Art Unions Amendment Act 1998 No 97

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Lotteries and Art Unions Amendment Act 1998.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

  1. Amendment of Lotteries and Art Unions Act 1901 No 34

    The Lotteries and Art Unions Act 1901 is amended as set out in

    Schedule 1.

Lotteries and Art Unions Amendment Act 1998 No 97

Amendments Schedule 1
Schedule 1 Amendments

(Section 3)

Section 2A Definitions

Insert at the end of the definition of game of chance in section

2A (1):

, or

(e)

a game of housie conducted as authorised by section 4E.

Section 4E
Insert after section 4D:
4E Conduct of certain games of housie authorised
(1 ) In this section:
game of housie means the game known as "housie" and
includes any like game.

session of games means a number of games of housie held in succession on the one occasion and at the one place.

(2)

The provisions of section 3 do not prohibit the conduct of a game of housie if the following requirements are complied with:

(a)

the game is not conducted on licensed premises under the Liquor Act 1982 or on the premises of a club registered under the Registered Clubs Act 1976,

(b)

except as prescribed. no charge or other consideration is made or given for participating in the game,

(c)

no charge or other consideration. for the purpose of participating in the game, is made or given to enter the place where the game is to be conducted.

Lotteries and Art Unions Amendment Act 1998 No 97

Schedule 1 Amendments

tickets, cards or other materials for the game are distributed only at the place where it is conducted,

the amount or value of the prizes in the game is
not more than the prescribed amount,

the amount or value of any jackpot prizes in the session of games of which the game is part is not more than the prescribed amount,

the prizes in the game or session of games do not

consist of or include tobacco in any form,

all money invested by the players of the game is:

( i )        applied towards prizes or otherwise returned to players in accordance with the rules of the game. or

(i i)       partly applied as set out in subparagraph (i) and partly applied towards costs and expenses properly incurred in connection with the conduct of the game or the session of games of which the game is part, or

(iii)      if the game is conducted or authorised by an

organisation not formed or conducted for private gain, applied to the purposes of the organisation in addition to the purposes set out in subparagraph (i) or (ii),

no salary, wage, fee, commission, percentage or

to. or taken by, any person in connection with the other benefit (other than a prize) is paid or given conduct of the game,

the total amount invested by players in the session of games of which the game is part is not more than the prescribed amount (if any),

any regulations relating to the conduct of the game or the session of games of which it is part are complied with.

Lotteries and Art Unions Amendment Act 1998 No 97

Amendments Schedule 1

[3]        Section 14

Omit the section. Insert instead:

14 Falsification of records

A person who, with intent to defraud or deceive another person:

(a)

alters or falsifies a record relating to a lottery or game of chance conducted as authorised by section 4, 4A, 4B, 4C, 4D or 4E, or

(b)

makes or concurs in the making of a false or fraudulent entry in a record relating to such a lottery or game. or

(c)

omits or concurs in omitting a material particular from a record relating to such a lottery or game,

is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years. or both.

[4]        Section 16

Omit the section. Insert instead:

16 Misappropriation of funds or prizes

A person who is concerned in the conduct of:

(a) a lottery for which an art union has been formed, or
(b) a lottery or game of chance conducted as authorised by section 4, 4A, 4B, 4C, 4D or 4E.

and who converts to his or her own use any money raised by means of the lottery or game or any prizes connected with it is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

Lotteries and Art Unions Amendment Act 1998 No 97

Schedule 1 Amendments
  1. Section 17 Fraudulent conduct of lotteries and games of chance

    Omit “or 4D” wherever occurring. Insert instead “, 4D or 4E”.

  2. Section 23 Regulations

    Omit section 23 (1) (m). Insert instead:

(m)

The terms of agreement between persons promoting:

( i )

games of chance referred to in section 4C or games of housie referred to in section 4E. or

( i i )

functions at or in conjunction with which those games are conducted.

and the persons. clubs or organisations conducting
or authorising the conduct of the games.

[Minister’s second reading speech made in—

Legislative Assembly on 23 September 1998
Legislative Council on 14 October 1998]

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