Lotto Act 1979 Lotto Regulation 1995 (1995-496) [GG No 105 of 1.9.1995] (NSW)

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1995—No. 496

LOTTO ACT 1979—REGULATION

(Lotto Regulation 1995)
NEW SOUTH WALES

[Published in Gazette No. 105 of 1 September 1995]

His Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Lotto Act 1979, has been pleased to make the Regulation set forth hereunder.
RICHARD FACE,
Minister for Gaming and Racing.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Lotto Regulation 1995.

Commencement
2. This Regulation commences on 1 September 1995.

Definition
3. In this Regulation:
“the Act” means the Lotto Act 1979.

PART 2—LOTTO

Application of Part
4. This Part does not apply to games of keno.

1995-No. 496

Unclaimed lotto prizes
5. (1) In this clause:
“unclaimed prize” means a prize that remains unclaimed by the
prizewinner for the period of 2 years from the date on which the
game of lotto to which the prize relates is conducted.
(2) The licensee is to cause to be published in the Gazette, at least once

in each year, a list containing the following particulars of each unclaimed
prize of $50 or more won in a game of lotto:
(a) the value of the prize;
(b) the name of the prizewinner, if known;
(c) the week number or the draw number of the game of lotto.

(3) Particulars of an unclaimed prize of $50 or more included in a list under this clause need not be included in any subsequent list under this clause.
(4) The licensee who conducted the game and holds an unclaimed prize may dispose of funds arising from it by applying those funds in payment of special or bonus prizes, as determined by the licensee.
(5) The disposal of an unclaimed prize under this clause does not affect a prizewinner’s entitlement to the prize.

PART 3—KENO

Application of Part
6. This Part applies only to games of keno.

Definitions
7. In this Part:
“keno licensee” means a licensee in respect of games of keno;
“unclaimed prize” means a prize that remains unclaimed by the
prizewinner for the period of 1 year from the date on which the
game of keno to which the prize relates is conducted.

1995—No. 496

Keno key employees
8. (1) Any person who is concerned in any of the following ways in the conduct of games of keno by a keno licensee is a key employee for the purposes of paragraph (c) of the definition of “key employee” in section 2 (1) of the Act:

(a)

involvement, on behalf of the licensee, in the development or operation of any computer system in relation to those games;

(b)

involvement, on behalf of the licensee, in the financial or accounting aspects of the conduct of those games.

(2) The following persons are, for the purposes of paragraph (c) of the definition of “key employee” in section 2 (1) of the Act, persons who are concerned or engaged in the conduct of games of keno by a keno licensee:

(a)

any person who is employed by or on behalf of Club Gaming Systems Pty Ltd in the capacity of, or who performs the duties of, general manager, systems manager, sales and marketing manager, contracts and distribution manager, operations manager or financial controller of that company;

(b)

any person who is employed by or on behalf of Club Gaming Systems (Holdings) Pty Ltd in the capacity of, or who performs the duties of, sales executive or training manager of that company;

(c)

any person involved, on behalf of Club Gaming Systems (Holdings) Pty Ltd, in the development or operation of any computer systems in relation to games of keno conducted by a licensee;

(d)

any person involved; on behalf of Club Gaming Systems (Holdings) Pty Ltd, in the financial or accounting aspects of the conduct of such games.

Unclaimed keno prizes

9. (1) An unclaimed prize won in a game of keno may be disposed of
by the keno licensee in a manner approved of in writing by the Minister.

(2) The Minister may approve of the disposal of unclaimed prizes by means of the payment of the amount concerned as special or bonus prizes in other games of keno conducted by the keno licensee or by means of any other “return to player” initiative that the Minister considers appropriate.

1995—No. 496

(3) An unclaimed prize of $50 or more is not to be disposed of unless
the keno licensee has published the following particulars in the Gazette:

(a)

the date on which, and the place at which, the subscription to the game of keno concerned was made;
(b) the value of the prize.

(4) The disposal of an unclaimed prize does not affect the prizewinner’s entitlement to be paid the amount of the prize and the keno licensee must, if a claim is duly made by the prizewinner, pay to the prizewinner, in accordance with the rules of the game, the amount of the prize.
Disposal of certain money in keno prize fund if licence not in force
10. (1) This clause applies to any money in a keno licensee’s prize fund (being money that is not required for payment of prizes won in a game or games of keno) in the case where the licence is no longer in force.
(2) The corporation may distribute money to which this clause applies in such manner as may be determined, with the approval of the Treasurer, by the Minister.
Notification of change in circumstances in relation to licensees
11. (1) The kinds of change set out in Schedule 1 are prescribed for the purposes of section 17 (1) of the Act in relation to licensees for the game of keno.
(2) The particulars to be notified under section 17 (1) of the Act in

relation to each kind of change are as set out in Schedule 1 in respect of
that kind of change.

PART 4—MISCELLANEOUS

Display of rules of games
12. (1) An agent who accepts entries in any game of lotto (including any game of keno) must display:
(a) a complete copy of the rules of the game; or
(b) an extract of the rules of the game,

in a prominent position at each place where those entries are accepted.
1995-No. 496

(2) An extract of the rules of the game is to be in a form approved of in writing by the Minister.
(3) An agent who, in accordance with this clause, displays an extract only of the rules of the game at any place must keep a complete copy of those rules at that place and must produce them for inspection by any person free of charge on request.
Maximum penalty: 10 penalty units.

Prescribed contracts under sec. 17B of the Act
13. The class of instruments comprising the following agreements and arrangements is prescribed for the purposes of paragraph (d) of the definition of “prescribed contract” in section 17B (8) of the Act:

(a) the Secured Facility Agreement entered into on 30 October 1991, the Secured Facility Agreement entered into on 19 November 1992, and the Secured Facility Agreement entered into on 18 February 1994, between Club Gaming Systems (Holdings) Pty Ltd, Club Gaming Systems Pty Ltd and the State Bank of New South Wales Ltd;
(b) the deed of charge entered into on 30 October 1991 between Club Gaming Systems (Holdings) Pty Ltd and the State Bank of New South Wales Ltd;
(c) the deed of charge entered into on 30 October 1991 between Club Gaming Systems Pty Ltd and the State Bank of New South Wales Ltd;
(d) the deed of subordination and priority entered into on 30 October 1991, the deed of subordination and priority and the deed of consent entered into on 19 November 1992, and the deed of subordination and priority and the deed of consent entered into on 18 February 1994, between Club Gaming Systems (Holdings) Pty Ltd, Club Gaming Systems Pty Ltd, AWA Ltd and the State Bank
of New South Wales Ltd;

(e) the Clubkeno Holdings Pty Ltd deed of consent entered into on 30 October 1991, the Clubkeno Holdings Pty Ltd deed of consent entered into on 19 November 1992, and the Clubkeno Holdings
Pty Ltd deed of consent entered into on 18 February 1994,
between Clubkeno Holdings Pty Ltd, Club Gaming Systems (Holdings) Pty Ltd, Club Gaming Systems Pty Ltd and the State Bank of New South Wales Ltd;

1995—No. 496

(f)

the power of attorney made by Clubkeno Holdings Pty Ltd on 30 October 1991;

(g)

the AWA Ltd deed of consent entered into on 30 October 1991, the AWA Ltd undertaking and deed of consent entered into on 19 November 1992, and the AWA Ltd undertaking and deed of consent entered into on 18 February 1994, between AWA Ltd, Club Gaming Systems Pty Ltd and the State Bank of New South Wales Ltd.

Repeal
14. (1) The Lotto Regulation 1989 is repealed.

(2) Any act, matter or thing that, immediately before the repeal of the Lotto Regulation 1989, had effect under that Regulation continues to have effect under this Regulation.
SCHEDULE 1—CHANGE OF CIRCUMSTANCES TO BE NOTIFIED
(cl. 11)

Kinds of change Particulars to be notified

Any change in the name of the Particulars of those matters as
licensee, its principal business address changed.

or postal address, its telephone number or its facsimile number.
Any change in the membership of the Particulars of the name, address and
board of directors of the licensee. date of birth of any new director.
Any change in the name or address Particulars of the new name or
of any member of the board of address of the director.
directors of the licensee.
The licensee commencing to Particulars of the name, address and
remunerate an employee of the date of birth of the employee.
licensee at a remuneration level of
$100,000 per year or more, whether
as salary or remuneration package.

1995—No. 496

Any change in the information entered Particulars of the change, including
in the register of members of the any addition to or deletion from that
licensee. information.
Any change in the proportion of the Particulars of the name and address
paid up capital of the licensee in of the person and the proportion of
which a person holds a beneficial the paid up capital in which the
interest and any acquisition by a person holds a beneficial interest as
person of a beneficial interest in the changed or acquired.
paid up capital of the licensee.
Any change in the nominal or paid Particulars of the nominal or paid up
up capital of the licensee. capital as changed.
Any change in the objectives or main Particulars of those objectives or main
activities of the licensee. activities as changed.
Any change in any direct or indirect Particulars of the interest both before
financial interests held by the licensee and after the change.
in any business or enterprise,
including the acquisition or disposal
of such an interest.
Any other business or enterprise Particulars of the name of the other
commencing to have the same business or enterprise and the
registered office as the licensee. activities in which it engages.
The licensee commencing to carry on Particulars of the address of the place
any other business or enterprise at and the business or enterprise carried
any place or the appointment of a on there or the name of the person
person to carry on any other business appointed and the business or

or enterprise on the licensee’s behalf.

enterprise to be carried on by the person on the licensee’s behalf.
The commencement, settlement, Particulars of the nature of the
discontinuance or finalisation of civil proceedings, the names and addresses
or criminal proceedings to which the of the other parties to civil
licensee is a party. proceedings, the date of
commencement, settlement,
discontinuance or finalisation and the
terms of settlement (unless terms of
settlement are prohibited from being
disclosed) or the result of finalisation.
The obtaining of judgment against the Particulars of the terms of the
licensee, the creation of any charg judgment or charge or the reasons for
over any property of the licensee or and circumstances of the repossession,

repossession of any property of the and a description of any property
licensee. affected.

1995—No. 496

Any amendment under any law of the Particulars of the amendment.

relating to the licensee under the

Commonwealth of an assessment the Commonwealth.
Any change in the key employees Particulars of the name and address
employed by or on behalf of the of a person who becomes or ceases
licensee. to be a key employee and the date
that occurs.
The commencement, settlement, Particulars of the nature of the
discontinuance or finalisation of civil proceedings, the names and addresses
or criminal proceedings to which a of the other parties to the
key employee of the licensee is a proceedings, the date of
party and of which the licensee is commencement, settlement,
aware. discontinuance or finalisation and the
terms of settlement (unless terms of
settlement are prohibited from being
disclosed) or the result of finalisation.
Each increase of more than $500,000 Particulars of to whom the debt is
in the debts of the licensee. owed, the amount of the debt as
increased, the amount of the increase
and the reason for the increase.
Any failure by the licensee to make Particulars of the loan or financing
due payments under a loan or other arrangement, the amount due and
financing arrangement. unpaid and the reason for the failure
to pay.
The commencement of the winding up Particulars of the date on which the
of the licensee or the placement of winding up or official management
the licensee under official commenced.
management.
The licensee entering into a Particulars of the date on which it
compromise or scheme of arrangement was entered into and the terms of the
with its creditors. compromise or scheme.
The appointment of a receiver or particulars of the date and terms of
manager, whether by the Supreme the appointment.

Court or otherwise, in respect of the property of the licensee.

1995—No. 496

NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.       Citation
2.        Commencement
3.        Definition

PART 2—LOTTO

4. Application of Part
5. Unclaimed lotto prizes

PART 3—KENO

6.        Application of Part
7.        Definitions
8.        Keno key employees
9.        Unclaimed keno prizes
10.      Disposal of certain money in keno prize fund if licence not in force
11.      Notification of change in circumstances in relation to licensees

PART 4—MISCELLANEOUS

12. Display of rules of games
13. Prescribed contracts under sec. 17B of the Act
14. Repeal
SCHEDULE 1

EXPLANATORY NOTE

The object of this Regulation is to repeal and remake, without any changes in substance, the provisions of the Lotto Regulation 1989. This Regulation makes provision in respect of unclaimed lotto and keno prizes, specifies keno key employees, and requires agents to display lotto and keno rules where entries in such games are accepted.
This Regulation is made under the Lotto Act 1979, including section 22 (the general regulation making power) and sections 14 (8) and (9), 17 and 17B. This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

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Lotto Act 1979 - Lotto Regulation 1995 (1995-496) [GG No 105 of 1.9.1995] (NSW)

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(a)	involvement, on behalf of the licensee, in the development or operation of any computer system in relation to those games;
(b)	involvement, on behalf of the licensee, in the financial or accounting aspects of the conduct of those games.

(a)	any person who is employed by or on behalf of Club Gaming Systems Pty Ltd in the capacity of, or who performs the duties of, general manager, systems manager, sales and marketing manager, contracts and distribution manager, operations manager or financial controller of that company;
(b)	any person who is employed by or on behalf of Club Gaming Systems (Holdings) Pty Ltd in the capacity of, or who performs the duties of, sales executive or training manager of that company;
(c)	any person involved, on behalf of Club Gaming Systems (Holdings) Pty Ltd, in the development or operation of any computer systems in relation to games of keno conducted by a licensee;

(a)	the Secured Facility Agreement entered into on 30 October 1991, the Secured Facility Agreement entered into on 19 November 1992, and the Secured Facility Agreement entered into on 18 February 1994, between Club Gaming Systems (Holdings) Pty Ltd, Club Gaming Systems Pty Ltd and the State Bank of New South Wales Ltd;
(b)	the deed of charge entered into on 30 October 1991 between Club Gaming Systems (Holdings) Pty Ltd and the State Bank of New South Wales Ltd;
(c)	the deed of charge entered into on 30 October 1991 between Club Gaming Systems Pty Ltd and the State Bank of New South Wales Ltd;
(d)	the deed of subordination and priority entered into on 30 October 1991, the deed of subordination and priority and the deed of consent entered into on 19 November 1992, and the deed of subordination and priority and the deed of consent entered into on 18 February 1994, between Club Gaming Systems (Holdings) Pty Ltd, Club Gaming Systems Pty Ltd, AWA Ltd and the State Bank

(f)	the power of attorney made by Clubkeno Holdings Pty Ltd on 30 October 1991;
(g)	the AWA Ltd deed of consent entered into on 30 October 1991, the AWA Ltd undertaking and deed of consent entered into on 19 November 1992, and the AWA Ltd undertaking and deed of consent entered into on 18 February 1994, between AWA Ltd, Club Gaming Systems Pty Ltd and the State Bank of New South Wales Ltd.

Any change in the name of the	Particulars of those matters as
licensee, its principal business address	changed.
or postal address, its telephone number or its facsimile number.
Any change in the membership of the	Particulars of the name, address and
board of directors of the licensee.	date of birth of any new director.
Any change in the name or address	Particulars of the new name or
of any member of the board of	address of the director.
directors of the licensee.
The licensee commencing to	Particulars of the name, address and
remunerate an employee of the	date of birth of the employee.
licensee at a remuneration level of $100,000 per year or more, whether as salary or remuneration package.

Any change in the information entered	Particulars of the change, including
in the register of members of the	any addition to or deletion from that
licensee.	information.
Any change in the proportion of the	Particulars of the name and address
paid up capital of the licensee in	of the person and the proportion of
which a person holds a beneficial	the paid up capital in which the
interest and any acquisition by a	person holds a beneficial interest as
person of a beneficial interest in the	changed or acquired.
paid up capital of the licensee.
Any change in the nominal or paid	Particulars of the nominal or paid up
up capital of the licensee.	capital as changed.
Any change in the objectives or main	Particulars of those objectives or main
activities of the licensee.	activities as changed.
Any change in any direct or indirect	Particulars of the interest both before
financial interests held by the licensee	and after the change.
in any business or enterprise, including the acquisition or disposal of such an interest.
Any other business or enterprise	Particulars of the name of the other
commencing to have the same	business or enterprise and the
registered office as the licensee.	activities in which it engages.
The licensee commencing to carry on	Particulars of the address of the place
any other business or enterprise at	and the business or enterprise carried
any place or the appointment of a	on there or the name of the person
person to carry on any other business	appointed and the business or
or enterprise on the licensee’s behalf.	enterprise to be carried on by the person on the licensee’s behalf.
The commencement, settlement,	Particulars of the nature of the
discontinuance or finalisation of civil	proceedings, the names and addresses
or criminal proceedings to which the	of the other parties to civil
licensee is a party.	proceedings, the date of commencement, settlement, discontinuance or finalisation and the terms of settlement (unless terms of settlement are prohibited from being disclosed) or the result of finalisation.

repossession of any property of the	and a description of any property
licensee.	affected.

Any amendment under any law of the	Particulars of the amendment.
relating to the licensee under the	Commonwealth of an assessment the Commonwealth.
Any change in the key employees	Particulars of the name and address
employed by or on behalf of the	of a person who becomes or ceases
licensee.	to be a key employee and the date that occurs.
The commencement, settlement,	Particulars of the nature of the
discontinuance or finalisation of civil	proceedings, the names and addresses
or criminal proceedings to which a	of the other parties to the
key employee of the licensee is a	proceedings, the date of
party and of which the licensee is	commencement, settlement,
aware.	discontinuance or finalisation and the terms of settlement (unless terms of settlement are prohibited from being disclosed) or the result of finalisation.
Each increase of more than $500,000	Particulars of to whom the debt is
in the debts of the licensee.	owed, the amount of the debt as increased, the amount of the increase and the reason for the increase.
Any failure by the licensee to make	Particulars of the loan or financing
due payments under a loan or other	arrangement, the amount due and
financing arrangement.	unpaid and the reason for the failure to pay.
The commencement of the winding up	Particulars of the date on which the
of the licensee or the placement of	winding up or official management
the licensee under official	commenced.
management.
The licensee entering into a	Particulars of the date on which it
compromise or scheme of arrangement	was entered into and the terms of the
with its creditors.	compromise or scheme.
The appointment of a receiver or	particulars of the date and terms of
manager, whether by the Supreme	the appointment.
Court or otherwise, in respect of the property of the licensee.