Lotto Act 1979 Regulation relating to the conduct of games of keno and the display of rules of games of lotto, including keno (1992-663) [GG No 148 of 24.12.1992] (NSW)

1992—No. 663

LOTTO ACT 1979—REGULATION

(Relating to the conduct of games of keno and the display of rules of games

of lotto, including keno)

NEW SOUTH WALES

[Published in Gazette No. 148 of 24 December 1992}

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.

ANNE COHEN,

Chief Secretary.

The Lotto Regulation 1989 is amended:

(a) by inserting before clause 1 the words “PART 1— PRELIMINARY”;

(b) by renumbering clause 2 as clause 4 and clause 3 as clause 11;

(c) by inserting after clause 1 the following matter:

Definition

2. In this Regulation:

“the Act’’ means the Lotto Act 1979.

PART 2—LOTTO

Application of Part

3. This Part does not apply to games of keno.

(d)	by omitting the definition of “unclaimed prize” in clause 4 (1) (as
renumbered. by paragraph (b)) and by inserting instead the following definition:

1992—No. 663

“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.

(e) by inserting after clause 4 (as renumbered by paragraph (b)) the following Parts:

PART 3—KENO

Application of Part

5. This Part applies only to games of keno.

Definitions

6. 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.

Keno key employees

7. 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 section 9B of the Act:

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

Unclaimed keno prizes

8. (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.

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(3) An unclaimed prize 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.

Notification of change in circumstances in relation to licensees

9. (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
10. (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.

(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: $1,000.

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(f) by inserting at the end of the Regulation the following Schedule:

SCHEDULE 1—CHANGE OF CIRCUMSTANCES TO BE NOTIFIED

(C1. 9)

Kinds of change Particulars to be notified

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

changed.

address or postal address, its telephone number or its facsimile number.

Any change in the membership of the board of directors of the Particulars of the name address and

date of birth of any new director.

licensee.

Any changeinthenameor address of any member of the board of Particulars of the new name or

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 $60,000 per year or more, whether as salary or remuneration package.

Any change in the information entered in the register of members Particulars of the change, including

my addition to or deletion from

of the licensee. that infornation.

Any change in the proportion of the paid up capital of the licensee in Particulars of the name and address

of the person and the proportion

which a person holds a beneficial	of the paid up capital in which the
interest and any acquisition by a	person holds a beneficial interest
person of a beneficial interest in	as changed or acquired.
the 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 Particulars of those objectives or

main activities of the licensee. main activities as changed. Any change in any direct or indirect Particulars of the interest both

financial interests held by the	before and after the change.
licensee in any business or

enterprise, including the

acquisition or disposal of such an

interest.

Any other business or enterprise commencing to have the same business or enterprise and the Particulars of the name of the oher

registered office as the licensee. activities in which it engages.

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The licensee commencing to carry on any other business or	Particulars of the address of the place and the business or
enterprise at any place or the	enterprise carried on there: or the
appointment of a person to carry	name of the person appointed and
on any other business or	the business or enterprise to be
enterprise on the licensee’s behalf.	carried on by the person on the licensee’s behalf.
The commencement, settlement, discontinuance or finalisation of	Particulars of the nature of the proceedings, the names and
civil or criminal proceedings to	addresses of the other parties to
which the licensee is a party.	civil 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 licensee, the creation of any	Particulars of the terms of the judgment or charge or the reasons
charge over any property of the	for and circumstances of the
Licensee or repossession of any	repossession, and a description of
property of the licensee.	any property affected.
Any amendment under any law of the Commonwealth of an assessment relating to the licensee under the Income Tax Assessment Act 1936 of the Commonwealth.	Particulars of the amendment.
Any change in the key employees employed by the licensee.	Particulars of the name and address of a person who becomes or ceases to be a key employee and the date that occurs.
The commencement, settlement, discontinuance or finalisation of	Particulars of the nature of the proceedings, the names and
civil or criminal proceedings to	addresses of the other parties to
which a key employee of the	the proceedings, the date of
licensee is a party and of which	commencement, settlement,
the licensee is 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 in the debts of the	Particulars of to whom the debt is owed, the amount of the debt as
licensee.	increased, the amount of the increase and the reason for the increase.

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Any failure by the licensee to make	Particulars of the loan or financing
due payments under a loan or	arrangement, the amount due and
other financing arrangement.	unpaid and the reason for the failure to pay.
The commencement of the winding	Particulars of the date on which the

up of the licensee or the winding up or official

placement of the licensee under	management commenced.
official management.
The licensee entering into a	Particulars of the date on which it

compromise or scheme of was entered into and the terms of

arrangement with its creditors. The appointment of a receiver or the compromise or scheme.

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.

EXPLANATORY NOTE

The object of this Regulation is to amend the Lotto Regulation 1989 so as:

(a)	to prescribe a class of persons as “key employees” for the purposes of section 9B of the Lotto Act 1979 in respect of games of keno; and
(b)	to make provision with respect to the disposal of unclaimed prizes arising from games of keno; and
(c)	to prescribe the kinds of change that are required to be notified under section 17 of the Lotto Act 1979 by persons licensed to conduct games of keno; and
(d)	to require the rules relating to lotto to be displayed by agents who accept entries for games of lotto; and

(e) to make other minor, consequential and ancillary amendments.