New South Wales Lotteries Act 1990 (NSW)
| N E W SO U T H W A L E S | L O T T E R IE S | A C T 1990 N o. 78 |
NEW SOUTH WALES
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Short title
2 Commencement
3. Definitions
4. Lotteries
PART 2 - NEW SOUTH WALES LOTTERIES
Division 1 - NSW Lotteries
5. Constitution of NSW Lotteries
6. Objects of NSW Lotteries
7. Functions of NSW Lotteries
8. Exercise of functions through private subsidiary corporations etc.
9. Agreements with interstate authorities
10. Delegation of functions
Division 2 - The Board
11. Establishment of the Board
12 Chairperson and Deputy Chairperson
13. Board to determine the policies of NSW Lotteries
14. Non-commercial activities
15. Corporate plans
Division 3 - The General Manager
16. Appointment of General Manager
17. Acting General Manager
18. General Manager to manage the affairs of NSW Lotteries
New South Wales Lotteries 1990
Division 4 - Private subsidiary corporations
19. Formation of private subsidiary corporations
Division 5 - Staff
20. Employment of staff
21. Conditions of employment
22 Use of staff or facilities of Departments etc.
23. Consultants
Division 6 - Finance
24. Application of subscriptions to public lotteries
25. Establishment of the Fund
26. Payments into the Fund
27. Payments from the Fund
28. Investment
29. Financial year
Division 7 - General
30. Personal liability of members etc.
31. Seal of NSW Lotteries
32. Service of documents on NSW Lotteries
33. Recovery of money due to NSW Lotteries
PART 3 - MISCELLANEOUS
| 34. Public lotteries not unlawful games under the Gaming and Betting Act 1912 etc. 36. Subscriptions to public lotteries not to be accepted from minors 37. Forging etc. of lottery tickets 38. Promotion of betting syndicates for public lotteries 39. Proceedings for offences 40. Offences by corporations 41. Act binds Crown 42. Regulations | 35. | Lotteries and Art Unions Act 1901 not to apply to public lotteries |
| 43. | Repeal of State Lotteries Act 1930 No. 51 |
44. Amendment of other Acts
45. Savings, transitional and other provisions
SCHEDULE 1 - PROVISIONS RELATING TO THE CONSTITUTION AND PROCEDURE OF THE BOARD
SCHEDULE 2 - AMENDMENT OF OTHER ACTS
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
N E W S O U T H W A L E S L O T T E R IE S A C T 1 990 N o . 78
NEW SOUTH WALES
Act No. 78, 1998
An Act to constitute New South Wales Lotteries and to define its functions; and to repeal the State Lotteries Act 1930. [Assented to 4 December 1990]
New South Wales Lotteries 1990
The Legislature of New South Wales enacts:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the New South Wales Lotteries Act 1990.
Commencement
2, This Act commences on a day or days to be appointed by proclamation.
Definitions
3, (1) In this Act:
| "Board" | means the Board of Management of NSW Lotteries; |
"Fund" means the New South Wales Lotteries Fund established
under this Act;
"General Manager" means the General Manager of NSW Lotteries;
"lottery" includes a game of chance that, by virtue of section 4, is to
be regarded as a lottery for the purposes of this Act;
"member of staff", in relation to NSW Lotteries, includes an
employee of NSW Lotteries and any other person of whose
services NSW Lotteries makes use under section 22;
"NSW Lotteries" means the corporation constituted by this Act
under the name of New South Wales Lotteries;
"private subsidiary corporation" means a private subsidiary
corporation referred to in Division 4 of Part 2;
"public lottery" means a lottery promoted or conducted by NSW
Lotteries.
(2) In this Act
| (a) | a reference to a function includes a reference to a power, authority and duty; and |
| (b) | a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. |
Lotteries
4. (1) The following games of chanceare to be regarded as lotteries
for the purposes of this Act
New South Wales Lotteries 1990
| (a) | any game of chance (including games such as bingo) in which: |
(i) a person chooses or is allocated a number or combination of numbers; and
(ii) certain numbers or Combinations are subsequently selected at random as prizewinning numbers or combinations; and
(iii) prizes are distributed to persons holding the prizewinning numbers or combinations;
| (b) | any game of chance (including games such as instant lottery) in which |
(i) certain numbers or combinations of numbers are designated as prizewinning numbers or combinations; and
(ii) a person is allocated a number or combination that has previously been selected at random; and
(iii) prizes are distributed to persons holding the prizewinning numbers or combinations.
(2) Notwithstanding subsection (1):
| (a) | games of lotto (within the meaning of the Lotto Act 1979); and |
| (b) | soccer football pools (within the meaning of the Soccer Football Pools Act 1975), |
are not to be regarded as lotteries for the purposes of this Act.
(3) In this section:
| (a) | a reference to a number includes a reference to a numeral or symbol; and |
| (b) | a reference to a combination of numbers includes a reference to a combination of numbers, numerals or symbols or numbers, numerals and symbols. |
PART 2 - NEW SOUTH WALES LOTTERIES
Division 1 - NSW Lotteries
Constitution of NSW Lotteries
5. (1) There is constituted by this Act a corporation with the name
of New South Wales Lotteries.
| (2) | NSW Lotteries is, for the purposes of any Act, a statutory body |
representing the Crown.
New South Wales Lotteries 1990
| (3) | In any Act or instrument, New South Wales Lotteries may be |
referred to as NSW Lotteries.
Objects of NSW Lotteries
6. The objects of NSW Lotteries are:
(a) to develop, promote and conduct lotteries; and
| (b) | to conduct games of lotto and soccer football pools under licences under the Lotto Act 1979 and the Soccer Football Pools Act 1975. |
Functions of NSWLotteries
7. (1) NSW Lotteries has the following functions:
| ||
| NSW Lotteries may exercise its functions within or beyond New |
South Wales.
Exercise of functions through private subsidiary corporations etc.
8. (1) Any function of NSW Lotteries may be exercised
(a) by NSW Lotteries; or
(b) by a private subsidiary corporation; or
| (c) | by NSW Lotteries or a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies. |
New South Wales Lotteries 1990
| (2) | Such a function may not be exercised by a private subsidiary |
-corporation unless it has been duly delegated to the corporation.
Agreements with interstate authorities
9. (1) NSW Lotteries may, on such terms as are approved by the
Minister, enter into an agreement with an interstate authority with respect to:
| (a) | the administration of a scheme for the promotion and conduct of lotteries among participating States; and |
(b) the manner of making payments to and by NSW Lotteries; and (c) related matters.
(2) In this section:
"corresponding law' means a law of another State or Territory under
which a person is authorised to promote or conduct lotteries;
"interstate authority" means a person who is authorised to promote
or conduct lotteries in a participating State;
"participating State" means a State or Territory in which a person
is authorised, under a corresponding law, to promote or
conduct lotteries.
Delegation of functions
10. (1) NSW Lotteries may delegate to an authorised person any of
its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any
function delegated by NSW Lotteries if the delegate is authorised in
writing to do so by NSW Lotteries.
(3) In this section:
"authorised person" means:
(a) a member of the Board; or
| (b) | a member of staff of NSW Lotteries; or |
(c) a private subsidiary corporation; or
| (d) | a person of a class prescribed by the regulations. |
New South Wales Lotteries 1990
Division 2 - The Board
Establishment of the Board
11. (1) There is to be a Board of Management of NSW Lotteries.
(2) The Board is to consist of 6 members, consisting of
(a) the General Manager, and
| (b) | 5 part-time members appointed by the Governor on the recommendation of the Minister. |
| (3) | Of the part-time members appointed by the Governor on the |
recommendation of the Minister, one is to be an elected staff member who is elected (from employees, other than temporary staff members, of NSW Lotteries who have qualifications or experience of the kind referred to in subsection (4)) in the manner prescribed by regulations made for the purposes of clause 1 of Schedule 1.
| (4) | Each of the other persons recommended for appointment by the |
Minister must have such qualifications or experience in relation to:
(a) business management; or
(b) gaming or
(c) marketing and promotion; or
(d) finance; or
(e) information technology,
as the Minister considers necessary to enable the Board to exercise its
functions.
| (5) | Schedule l has effect with respect to the constitution and |
procedure of the Board.
Chairperson and Deputy Chairperson
12. Of the part-time members of the Board:
| (a) | one is, in and by the member's instrument of appointment or in and by a subsequent instrument executed by the Governor, to be appointed as Chairperson of the Board; and |
| (b) | another is, in and by the member's instrument of appointment or in and by a subsequent instrument executed by the Governor, to be appointed as Deputy Chairperson of the Board. |
New South Wales Lotteries 1990
Board to determine the policies of NSW Lotteries
13. (1) The Board has the function of determining the policies of
NSW Lotteries.
(2) In exercising that function, the Board must, as far as practicable,
ensure that the activities of NSW Lotteries are carried out on a sound
commercial basis.
(3) The Board is, in the exercise of its functions, subject to the control and direction of the Minister.
Non-commercial activities
14. (1) If the Board is of the opinion that:
| (a) | NSW Lotteries would suffer a significant financial loss as a result of complying with a direction given by the Minister; and |
| (b) | the direction is not in the commercial interests of NSW Lotteries, |
the Board may request the Minister to review the direction.
(2) A request for such a review must be made within 7 days after the
direction is given or within such other reasonable period as the
Minister may determine.
(3) If the Board requests such a review, the Board is not required to
comply with the direction until it has been notified of the Minister's
decision following the review.
| (4) | If the Minister's decision following the review is substantially the |
same as the original direction, and NSW Lotteries suffers a significant financial loss as a result of complying with the direction, the Board is to include, in the annual report for the year in which the loss was incurred, a statement to the effect that:
| (a) | NSW Lotteries has suffered a significant financial loss (as quantified or otherwise described in the statement) as a result of complying with a direction given by the Minister; and |
| (b) | the direction was substantially the same as a direction in respect of which the Board had requested a review under this section. |
Corporate plans
15. (1) The Board must prepare and deliver to the Minister, at least
6 weeks before the beginning of each financial year, a draft corporate
plan for that year.
New South Wakes Lotteries 1990
(2) The Board:
| (a) | must consider any comments on the plan that are made by the Minister within 4 weeks after the plan is delivered to the Minister; and |
| (b) | must deliver a completed corporate plan to the Minister before the beginning of the financial year concerned. |
(3) The Board must, as far as practicable, exercise its functions in accordance with its current corporate plan.
(4) A corporate plan must specify
| (a) | the goals to be achieved by NSW Lotteries; and |
(b) the financial forecast for NSW Lotteries' activities,
for the financial year concerned.
Division 3 - The General Manager
Appointment of General Manager
16. (1) The Governor may appoint a General Manager of NSW
Lotteries.
(2) Before a person is appointed as General Manager, the Minister
must give the Board an opportunity to recommend any one or more
persons for appointment.
(3) The General Manager's employment is subject to Part 2A, but not Part 2, of the Public Sector Management Act 1988.
Acting General Manager
17. (1) The Minister may, from time to time, appoint a person to act
in the office of General Manager during the illness or absence of the General Manager (or during a vacancy in the office of General Manager) and the person, while so acting, has all the functions of the General Manager and is to be regarded as the General Manager.
(2) The Minister may, at any time, remove any person from office as acting General Manager.
(3) An acting General Manager is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
New South Wales Lotteries 1990
General Manager to manage the affairs of NSW Lotteries
18. (l) The affairs of NSW Lotteries are to be managed and
controlled by the General Manager in accordance with the policies of
the Board.
| (2) | Any act, matter or thing done by the General Manager in the |
name of, or on behalf of, NSW Lotteries is to be taken to have been
done by NSW Lotteries.
Division 4 - Private subsidiary corporations
Formation of private subsidiary corporations
19. (1) NSW Lotteries may:
| (a) | form, or participate in the formation of, private corporations; and |
(b) acquire interests in private corporations; and
(c) sell or otherwise dispose of interests in private corporations.
(2) NSW Lotteries must not, except with the approval of the Minister:
| (a) | form, or participate in the formation of, a private subsidiary corporation; or |
| (b) | acquire an interest in a private corporation so that, as a result of the acquisition, the corporation becomes a private subsidiary corporation; or |
| (c) | sell or otherwise dispose of an interest in a private subsidiary corporation so that, as a result of the sale or disposal, the corporation ceases to be a private subsidiary corporation. |
(3) A private subsidiary corporation is not, and does not represent, the Crown.
(4) In this section:
"private corporation" means a corporation within the meaning of the
Companies (New South Wales) Code formed within or beyond
New South Wales;
"private subsidiary corporation" means a private corporation in
which NSW Lotteries has a controlling interest.
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Division 5 - Staff
Employment of staff
20. NSW Lotteries may employ such staff as it requires to exercise
its functions.
Conditions of employment
21. NSW Lotteries may fix the salary, wages and other conditions of
employment of its staff in so far as they are not fixed by or under any
other Act or law.
Use of staff or facilities of Departments etc.
22. NSW Lotteries may arrange for the use of the services of any
staff (by secondment or otherwise) or facilities of a government
department, an administrative office or a public or local authority.
Consultants
23. NSW Lotteries may engage such consultants as it requires to
exercise its functions.
Division 6 - Finance
Application of subscriptions to public lotteries
24. (1) Out of the subscriptions received by it in respect of a public
lottery, NSW Lotteries:
| (a) | must pay to prizewinners amounts totalling a percentage of the subscriptions for that lottery determined by the Minister (whether generally or in a particular case) prior to the promotion or conduct of the lottery; and |
| (b) | must pay to the Minister, for payment into the Consolidated Fund, an amount (whether calculated as a percentage of the subscriptions for that lottery or otherwise) determined by the Treasurer. |
| (2) | The amount payable to the Minister in respect of a public lottery |
must be paid within 1 month, or within such other period as the
Minister may determine, after the close of the lottery.
New South Wales Lotteries 1990
Establishment of the Fund
25. There is to be a fund known as the New South Wales Lotteries
Fund.
Payments into the Fund
26. The Fund is to comprise:
| (a) | subscriptions received by or on account of NSW Lotteries in respect of public lotteries; and |
| (b) | other money received by or on account of NSW Lotteries; and |
| (c) | interest that accrues from the investment of money belonging to the Fund; and |
| (d) | money borrowed by or advanced to NSW Lotteries or appropriated by Parliament for the purposes of NSW Lotteries; and |
| (e) | other money (including money received under an agreement referred to in section 9) required by or under this or any other Act or law to be paid into the Fund. |
Payments from the Fund
27. There may be paid from the Fund:
(a) payments to prizewinners in public lotteries; and
| (b) | dividends payable to the Minister, for payment into the Consolidated Fund, in respect of public lotteries; and |
| (c) | the remuneration (including allowances) of the members of the Board, the members of staff of NSW Lotteries and any person acting in the office of such a member, and |
(d) payments made on account of NSW Lotteries, or otherwise
required to meet expenditure incurred by NSW Lotteries, in
relation to the exercise of its functions; and
| (e) | any other payments (including payments to be made under an agreement referred to in section 9) required by or under this or any other Act or law to be paid from the Fund. |
Investment
28. NSW Lotteries may invest money held by it:
| (a) | in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987; or |
New South Wales Lotteries 1990
| (b) | if that Act does not confer power to invest money held by NSW Lotteries: | |||
|
Financial year
29. (1) The financial year of NSW Lotteries is the year commencing
on 1 July.
| (2) | A different financial year may be determined by the Treasurer |
under section 4 (1A) of the Public Finance and Audit Act 1983.
Division 7—General
Personal liability of members etc.
30. Any matter or thing done by the Board, a member of the Board,
a member of staff of NSW Lotteries or any person acting under the direction of NSW Lotteries does not subject such a member or a person so acting personally to any action, liability, claim or demand if the matter or thing was done in good faith for the purpose of executing this or any other Act.
Seal of NSW Lotteries
31. The seal of NSW Lotteries is to be kept by the General Manager
and may be affixed to a document only:
| (a) | in the presence of the General Manager or a member of staff of NSW Lotteries authorised in that behalf by the General Manager; and |
| (b) | with an attestation by the signature of the General Manager or that member of staff of the fact of the affixing of the seal. |
Service of documents on NSW Lotteries
32. (1) A document may be served on NSW Lotteries by leaving it
at, or by sending it by post to:
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(a) the office of NSW Lotteries; or
(b) if it has more than one office—any one of its offices.
(2) Nothing in this section affects the operation of any provision of
a law or of the rules of a court authorising a document to be served on
NSW Lotteries in any other manner.
Recovery of money due to NSW Lotteries
33. Any money due to NSW Lotteries may be recovered by NSW
Lotteries as a debt in a court of competent jurisdiction.
PART 3—MISCELLANEOUS
Public lotteries not unlawful games under the Gaming and Betting Act
1912 etc.
| 34.(1) A public lottery i s not | an unlawful game for the purposes of |
the Gaming and Betting Act 1912.
(2) Section 16 of the Gaming and Betting Act 1912 does not apply to or in respect of a public lottery.
| (3) | An agreement is not to be regarded as void or voidable, or |
otherwise unenforceable, merely because it relates to, or is made for
the purposes of, a public lottery.
Lotteries and Art Unions Act 1901 not to apply to public lotteries
35. The Lotteries and Art Unions Act 1901 does not apply to or in
respect of a public lottery.
Subscriptions to public lotteries not to be accepted from minors
36. (1) A person concerned in the promotion or conduct of a public
lottery must not accept a subscription to a public lottery from any
person who is under the age of 18 years.
Maximum penalty: 2 penalty units.
(2) It is a sufficient defence to a prosecution for an offence against this section if the defendant proves that he or she did not know, and could not reasonably have been expected to know, that the person from whom the defendant accepted a subscription to a public lottery was under the age of 18 years.
New South Wales Lotteries 1990
Forging etc. of lottery tickets
37. A person must not forge a ticket in a public lottery, utter any such
ticket that is forged or fraudulently alter any such ticket.
Maximum penalty 50 penalty units or imprisonment for 2 years, or
both.
Promotion of betting syndicates for public lotteries
38. (1) A person must not, for fee or reward, promote or take part
in the formation of a syndicate for the purpose of purchasing an entry
in a public lottery.
Maximum penalty: 10 penalty units.
(2) A person must not by any means advertise that that or some
other person will accept money for a share in an entry to be purchased
in a public lottery.
Maximum penalty: 10 penalty units.
Proceedings for offences
39. Proceedings for an offence against this Act or the regulations are
to be dealt with summarily before a Local Court constituted by a
Magistrate sitting alone.
Offences by corporations
40. (1) If a corporation contravenes any provision of this Act or the
regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a
provision pursuant to this section whether or not the corporation has
been proceeded against or convicted under that provision.
| (3) | Nothing in this section affects any liability imposed on a |
corporation for an offence committed by the corporation against this
Act or the regulations.
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Act binds Crown
41. This Act binds the Crown.
Regulations
42. (1) The Governor may make regulations, not inconsistent with
this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:
| (a) | the promotion and conduct of public lotteries; and |
| (b) | the conditions of employment of members of staff of NSW Lotteries; and |
| (c) | the banking of money belonging to the Fund; and |
| (d) | the keeping of accounts in relation to the Fund. |
(2) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.
Repeal of State Lotteries Act 1930 No. 51
43. The State Lotteries Act 1930 is repealed.
Amendment of other Acts
44. Each Act mentioned in Schedule 2 is amended as set out in that
Schedule.
Savings, transitional and other provisions
45. Schedule 3 has effect.
SCHEDULE 1—PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE OF THE BOARD
(Sec. 11)
PART 1—CONSTITUTION
Elected staff member
1. (1) Regulations may be made for or with respect to the election
of a person to hold office as an elected staff member.
New South Wales Lotteries 1990
SCHEDULE 1 — PRO V ISIO N SRELA TING TO THE
CONSTITUTION AND PROCEDURE O F THE
BOARD—continued
| (2) | The Electoral Commissioner for New South Wales, or a person |
employed in the office of and nominated by the Electoral Commissioner, is to be the returning officer for an election, and has the functions conferred or imposed on the returning officer by the regulations made under this clause in relation to the election.
| (3) | Employees (other than temporary staff members) of NSW |
Lotteries are entitled to vote at an election in accordance with the regulations made under this clause for the elected staff member.
| (4) | A person's nomination as a candidate for election as the elected |
staff member is invalid if:
| (a) | the nomination is not made by at least 2 persons who are employees (other than temporary staff members) of NSW Lotteries; or |
| (b) | the person is not, at the time of nomination, an employee (other than a temporary staff member) of NSW Lotteries. |
| (5) | A person may be, at the same time, both the elected staff |
member and an employee of NSW Lotteries.
| (6) | Nothing in any law, rule, direction or other requirement that: |
| (a) | is applicable to the elected staff member in his or her capacity as an employee of NSW Lotteries; and |
| (b) | would not be applicable if the elected staff member were not such an employee, |
operates so as to prevent or restrict the exercise by the elected staff
member of any of the functions of an elected staff member.
| (7) | If no person is nominated at an election, or if for any other |
reason an election fails, the Governor may, on the recommendation of the Minister, appoint a person eligible for election to be an appointed member, and the person, on being appointed, is to be taken to be a person elected in the manner prescribed by the regulations made for the purposes of this clause.
| (8) | If a vacancy occurs in the office of elected staff member |
otherwise than by reason of the expiration of the period for which the
elected staff member was appointed
New South Wales Lotteries 1990
SCHEDULE 1 — PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE OF THE
BOARD—continued
| (a) | the Governor may, on the recommendation of the Minister, appoint a person eligible for election to hold, subject to this Schedule, the office of elected staff member for a term commencing on the date of appointment or a later date specified in the relevant instrument of appointment and ending on the commencement of the term of office of the next elected staff member; and |
| (b) | the person is, on being so appointed, to be taken to be a person elected in the manner prescribed by the regulations made for the purposes of this clause. |
| (9) | The Governor may, on the recommendation of the Minister, |
pending the election of the first elected staff member after the
constitution of NSW Lotteries:
| (a) | appoint any person as the elected staff member to hold, subject to this Schedule, the office of elected staff member until the election of that member and the person is, on being so appointed, to be taken to be a person elected in the manner prescribed by the regulations made for the purposes of this clause; or |
| (b) | appoint the other members of the Board and leave the office of elected staff member vacant pending the election of that member. |
Deputies
2. (1) The Minister may, from time to time, appoint a person to be
the deputy of a part-time member of the Board, and the Minister may
revoke any such appointment.
| (2) | In the absence of a part-time member of the Board, the |
member's deputy
| (a) | may, if available, act in the place of the member; and |
| (b) | while so acting, has all the functions of the member and is to be regarded as a member. |
(3) The deputy of a part-time member of the Board who is also Chairperson or Deputy Chairperson does not have the member's functions as Chairperson or Deputy Chairperson.
New South Wales Lotteries I990
SCHEDULE 1 — PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE OF THE
BOARD — continued
| (4) | A person while acting ,in | the place of a part-time member of the |
Board is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
Terms of office of part-time members
3. Subject to this Schedule, a part-time member of the Board holds
office for such period (not exceeding 5 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
Remuneration of part-time members
4. A part-time member of the Board is entitled to be paid such
remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
Vacancy in office of part-time member
5. (1) The office of a part-time member of the Board becomes
vacant if the member:
(a) dies; or
(b) completes a term of office and is not re-appointed; or
| (c) | being the elected staff member, ceases to be an employee (other than a temporary staff member) of NSW Lotteries; or |
| (d) | resigns the office by instrument in writing addressed to the Minister; or |
| (e) | is removed from office by the Governor under this clause or under Part 8 of the Public Sector Management Act 1988; or |
| (f) | is absent from 4 consecutive meetings of the Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Board for having been absent from those meetings; or |
| (g) | becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or |
New South Wales Lotteries 1990
SCHEDULE 1 — PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE OF THE
BOARD—continued
her creditors or makes an assignment of his or her
remuneration for their benefit; or
| (h) | becomes a mentally incapacitated person; or |
(i) is convicted in New South Wales of an offence which is
punishable by penal servitude or imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable.
| (2) | The Governor may remove a part-time member of the Board |
from office at any time.
Filling of vacancy in office of part-time member
6. If the office of a part-time member of the Board becomes vacant,
a person is, subject to this Act, to be appointed to fill the vacancy.
Vacation of office by Chairperson or Deputy Chairperson
7. (1 ) The office of Chairperson or Deputy Chairperson becomes
vacant if the Chairperson or Deputy Chairperson:
| (a) | resigns the office by instrument in writing addressed to the Minister; or |
(b) is removed from office by the Governor under this clause; or
| (c) | ceases to be a part-time member. |
(2) The Governor may remove the Chairperson or Deputy Chairperson from office at any time.
Disclosure of pecuniary interests
8. (1) A member of the Board
| (a) | who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board; and |
| (b) | whose interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter, |
New South Wales Lotteries I990
SCHEDULE 1 — PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE O F THE
BOARD—continued
must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a member of the Board at a meeting of the Board that the member:
| (a) | is a member, or is in the employment, of a specified company or other body; or |
| (b) | is a partner, or is in the employment, of a specified person; or |
| (c) | has some other specified interest relating to a specified company or other body or to a specified person, |
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.
| (3) | Particulars of any disclosure made under this clause must be |
recorded by the members of the Board in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the members of the Board.
| (4) | After a member of the Board has disclosed the nature of an |
interest in any matter, the member must not, unless the Minister or the
other members of the Board otherwise determine:
| (a) | be present during any deliberation of the Board with respect to the matter; or |
| (b) | take part in any decision of the Board with respect to the matter. |
| (5) | For the purposes of the making of a determination by the |
members of the Board under subclause (4), a member of the Board who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
| (a) | be present during any deliberation of the other members of the Board for the purpose of making mhe determination; or |
| (b) | take part in the making by the other members of the Board of the determination. |
New South Wales Lotteries 1990
SCHEDULE 1 — PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE OF THE
BOARD — continued
| (6) | A contravention of this clause does not invalidate any decision |
of the Board.
| (7) | A reference in this clause to a meeting of the Board includes a |
reference to a meeting of a committee of the Board.
Effect of certain other Acts
9. (1) Part 2 of. the Public Sector Management Act 1988 does not
apply to or in respect of the appointment of a part-time member.
| (2) | If by or under any Act provision is made: |
| (a) | requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office; or |
| (b) | prohibiting the person from engaging in employment outside the duties of that office, |
the provision does not operate to disqualify the person from holding that office and also the office of a part-time member or from accepting and retaining any remuneration payable to the person under this Act as such a member.
| (3) | The office of a part-time member is not, for the purposes of any |
Act, an office or place of profit under the Crown.
Proof of certain matters not required
10. In any legal proceedings, proof is not required (until evidence is
given to the contrary) of:
(a) the constitution of the Board; or
(b) any resolution of the Board; or
| (c) | the appointment of, or holding of office by, any member of the Board; or |
| (d) | the presence or nature of a quorum at any meeting of the Board. |
New South Wales Lotteries 1990
SCHEDULE 1 — PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE OF THE
BOARD—continued
PART 2 — PROCEDURE
General procedure
11. The procedure for the calling of meetings of the Board and for
the conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Board.
Quorum
12. The quorum for a meeting of the Board is 4 members.
Presiding member
13. (1) The Chairperson or, in the absence of the Chairperson, the
Deputy Chairperson (or, in the absence of both, another member elected to chair the meeting by the members present).is to preside at a meeting of the Board.
(2) The person presiding at any meeting of the Board has a
deliberative vote and, in the event of an equality of votes, has a second
or casting vote.
Voting
14. A decision supported by a majority of the votes cast at a meeting
of the Board at which a quorum is present is the decision of the Board.
Transaction of business outside meetings or by telephone e tc
15. (1) The Board may, if it thinks fit, transact any of its business by
the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members is to be regarded as a decision of the Board.
(2) The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
New South Wales Lotteries 1990
SCHEDULE 1 — PROVISIONS RELATING TO THE
CONSTITUTION AND PROCEDURE OF THE
BOARD — continued
(3) For the purposes of:
(a) the approval of a resolution under subclause (1); or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they
have at an ordinary meeting of the Board.
| (4) | A resolution approved under subclause (1) is, subject to the |
regulations, to be recorded in the minutes of the meetings of the
Board.
| (5) | Papers may be circulated among members for the purposes of |
subclause (1) by facsimile or other transmission of the information in
the papers concerned.
Committees of Board
16. (1) The Board may appoint committees to enable it to exercise
its functions.
(2) A committee need not include a member of the Board.
(3) The procedure for the calling of meetings of a committee and for
the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.
Minutes
17. The Board must cause full and accurate minutes to be kept of
the proceedings of each meeting of the Board.
First meeting
18. The Minister may call the first meeting of the Board in such
manner as the Minister thinks fit,
SCHEDULE2 — AMENDMENTOF OTHER ACTS
(Sec. 44)
Government and Related Employees Appeal Tribunal Act 1980 No. 39:
Schedule 4 (Employing authorities):
New South Wales Lotteries 1990
SCHEDULE 2 — AMENDMENT OF OTHER ACTS — continued
Insert (in alphabetical order):
New South Wales Lotteries.
Lotto Act 1979 No. 53:
| (1) | Section 6 (Conditions of licence): |
After section 6 (d), insert:
(d1) the application of and accounting for money
received by the licensee from subscriptions, including the payment of prizes from such money, the banking of such money and the accounts to be kept in respect of such money,
| (2) | Section 13A: |
After section 13, insert:
Agreements with interstate authorities
13A. (1) A statutory body holding a licence may, on such terms as are approved by the Minister, enter into an agreement with an interstate authority with respect to:
| (a) | the administration of a scheme for the promotion and conduct of games of lotto among participating States; and |
| (b) | the manner of making payments to and by the licensee; and |
(c) related matters.
(2) In this section:
"corresponding law” means a law of another State or
Territory under which a person is authorised to promote or conduct games of lotto;
"interstate authority" means a person who is authorised to promote or conduct games of lotto in a participating State;
"participating State" means a State or Territory in which a person is authorised, under a corresponding law, to promote or conduct games of lotto.
New South Wales Lotteries 1990
SCHEDULE 2 — AMENDMENT OF OTHER ACTS—- continued
| (3) | Section 15 (Payment of duty): |
From section 15 (l), omit "regulations may prescribe", insert instead "Minister may determine".
Public Authorities (Financial Arrangements) Act 1987 No. 33:
Schedule 1 (Authorities):
Insert (in alphabetical order):
New South Wales Lotteries.
Public Finance and Audit Act 1983 No. 152:
(1) Schedule 2 (Statutory bodies):
Insert (in alphabetical order):
New South Wales Lotteries.
(2) Schedule 3 (Departments):
Omit the matter relating to the State Lotteries Office.
Public Sector Management Act 1988 No. 33:
(1) Schedule 2 (Administrative offices):
Omit the matter relating to the State Lotteries Office.
(2) Schedule 3 (Declared authorities):
Insert (in alphabetical order):
New South Wales Lotteries
(3) Schedule 3A (Chief executive positions):
From Part 2 of the Schedule, omit "Director of State
Lotteries".
In Part 3 of the Schedule, after "Chief Executive of the
Maritime Services Board", insert "General Manager of
New South Wales Lotteries".
| (4) | Schedule 3B (Senior executive positions): | |
|
New South Wales Lotteries
Deputy General Manager
New South Wales Lotteries 1990
SCHEDULE 2 — AMENDMENT OF OTHER ACTS — continued
Director, Computer Services
Director, Operations
Director, Marketing
| (b) | From Part 1 of the Schedule, omit the positions relating to the State Lotteries Office. |
Soccer Football Pools Act 1975 No. 45:
(1) Section 8 (Conditions of licence):
After section 8 (a), insert:
(a1) the application of and accounting for money
received by the licensee from subscriptions, including the payment of prizes from such money, the banking of such money and the accounts to be kept in respect of such money;
(2) Section 13 (Audit for certain purposes):
Omit the section.
(3) Section 16 (Payment of duty):
After "close" in section 16 (l), insert "or within such other period as the Minister may determine".
State Authorities Non-contributory Superannuation Act 1987 No. 212:
Schedule 1 (Employers):
(a) From Part l of the Schedule, omit "State Lotteries Office". (b) At the end of Part 1 of the Schedule, insert:
New South Wales Lotteries
State Authorities Superannuation Act 1987 No. 211:
Schedule 1 (Employers):
| (a) | From Part l of the Schedule, omit "State Lotteries Office". |
(b) At the end of Part l of the Schedule, insert:
New South Wales Lotteries
Superannuation Act 1916 No. 28:
Schedule 3 (List of employers):
New South Wales Lotteries 1990
SCHEDULE 2 - AMENDMENT OF OTHER ACTS - continued
(a) From Part 1 of the Schedule, omit "State Lotteries Office".
(b) At the end of Part 1 of the Schedule, insert:
New South Wales Lotteries
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS
(Sec. 45)
PART 1 - PRELIMINARY
Regulations
1. (1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following Acts: New South Wales Lotteries Act 1990.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
| (3) | To the extent to which any such provision takes effect from a |
date that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
PART 2 - PROVISIONS CONSEQUENT ON THE ENACTMENT
OF THE NEW SOUTH WALES LOTTERIES ACT 1990
Division 1 - Preliminary
Definitions
2. In this Part:
"appointed day”, in relation to a provision of this Part, means the day
appointed under section 2 in relation to the commencement of
that provision;
New South Wales Lotteries 1990
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
"officer", in relation to the State Lotteries Office, means a person
who, immediately before the appointed day, was an officer of the
Public Service employed in that Office;
"repealed Act" means the State Lotteries Act 1930;
"superannuation scheme" means a scheme, fund or arrangement
under which any superannuation or retirement benefits are
provided and which is established by or under an Act.
Division 2 - Transfer of assets etc.
Abolition of State Lotteries Office
3. (1) The State Lotteries Office is abolished.
(2) NSW Lotteries is a continuation of, and the same legal entity as,
the State Lotteries Office.
State Lotteries Account
4. (1) The State Lotteries Account in the Special Deposits Account
in the Treasury is abolished.
(2) All money held in the State Lotteries Account, as at the appointed day, forms part of the Fund.
Transfer of other assets, rights and liabilities
5. (1) The Minister may, by order in writing, direct that specified
assets, rights and liabilities of the Crown that relate to the State
Lotteries Office be transferred to NSW Lotteries.
(2) On the commencement of the order, the following provisions have effect (subject to the order):
| (a) | the assets so transferred vest in NSW Lotteries by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance; |
| (b) | the rights and liabilities so transferred become, by virtue of this clause, the rights and liabilities of NSW Lotteries; |
| (c) | all proceedings relating to those assets, rights and liabilities commenced before the transfer by or against the Crown, and |
New South Wales Lotteries 1990
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
pending immediately before the transfer, are to be regarded as
proceedings pending by or against NSW Lotteries;
any act, matter or thing done or omitted to be done in relation
to those assets, rights and liabilities before the transfer by, to or
in respect of the Crown is (to the extent to which that act,
matter or thing has any force or effect) to be taken to have been
done or omitted by, to or in respect of NSW Lotteries.
The operation of this clause is not to be regarded:
as a breach of contract or breach of confidence, or otherwise as
a civil wrong; or
as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, rights or
liabilities; or
as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the legal or beneficial ownership of any
asset, right or liability.
| (4) | No attornment to NSW Lotteries by a lessee from the Crown is |
required.
Division 3 - Staff
Staff of the State Lotteries Office
6. (1) Each officer of the State Lotteries Office becomes, on the
appointed day, a member of staff of NSW Lotteries.
(2) Except as otherwise provided by this Division or the regulations, the terms and conditions on which an officer of the State Lotteries Office becomes a member of staff of NSW Lotteries (including conditions as to remuneration and duration of appointment) are to be the same as they were immediately before the appointed day, and are to continue to have effect until they are lawfully varied.
Executive officers
7. Each person who, immediately before the appointed day, held an
office in the State Lotteries Office referred to in Column 1 of the Table to this clause is to be taken to have been appointed, for the balance
New South Wales Lotteries 1990
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
of the person's term of office, to the corresponding office in NSW
Lotteries referred to in Column 2 of that Table.
TABLE
| Column 1 | Column 2 |
| Director | General Manager |
| Deputy Director | Deputy General Manager |
| Assistant Director, | Director, |
| Computer Services | Computer Services |
| Assistant Director, | Director, |
| Operations | Operations |
| Assistant Director, | Director, |
| Marketing | Marketing |
Superannuation
8. (1) An officer of the State Lotteries Office who, pursuant to this
Division, becomes a member of staff of NSW Lotteries:
| (a) | may continue to contribute to any superannuation scheme to which the person was a contributor immediately before becoming a member of staff of NSW Lotteries; and |
| (b) | is entitled to receive any payment, pension or gratuity accrued or accruing to the person under any such scheme, |
as if he or she had continued to be such a contributor during his or her
service as a member of staff of NSW Lotteries.
(2) Service by an officer of the State Lotteries Office as a member of staff of NSW Lotteries is to be regarded as service as an officer of the State Lotteries Office for the purposes of any law under which the person continues to contribute to any such scheme or by which an entitlement under any such scheme is conferred.
| (3) | An officer of the State Lotteries Office who, pursuant to this |
Division, becomes a member of staff of NSW Lotteries is to be regarded as an officer or employee, and NSW Lotteries is to be regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to, contribute under this clause.
New South Wales Lotteries 1990
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
| (4) | If a person would, but for this subclause, be entitled under this |
clause to contribute to a superannuation scheme or to receive any
payment, pension or gratuity under any such scheme:
| (a) | the person is not so entitled on the person's becoming a contributor to any other superannuation scheme; and |
| (b) | the provisions of subclause (3) cease to apply to or in respect of the person and NSW Lotteries where the person becomes a contributor to any such other superannuation scheme. |
| (5) | Subclause (4) does not prevent the payment to a person, on the |
person's ceasing to be a contributor to a superannuation scheme, of such amount as would have been payable to the person if the person
| had ceased, by reason of resignation, to be such a contributor. | . |
| Annual leave, long service or extended leave and sick leave |
9. (1) An officer of the State Lotteries Office who, pursuant to this
Division, becomes a member of staff of NSW Lotteries retains any rights to:
(a) annual leave; and
(b) long service or extended leave; and
| (c) | sick leave, |
accrued or accruing to the person as an officer of the State Lotteries
Office.
(2) A person's entitlement to any such leave is to be calculated:
for such part of any period during which that leave accrued or was accruing as occurred before the appointed day - at the rate for the time being applicable to the person, as an officer of the State Lotteries Office, before that day; and
for such part of that period as occurred after the appointed day - at the rate for the time being applicable to the person, as a member of staff of NSW Lotteries, after that day.
No entitlement to dual benefits
10. An officer of the State Lotteries Office who, pursuant to this
Division, becomes a member of staff of NSW Lotteries is not entitled
New South Wales Lotteries 1990
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
to claim, both under this Act and any other Act, dual benefits of the
same kind in respect of the ,same period of service.
Public servants may re-apply for positions in the Public Service
11. (1) An officer of the State Lotteries Office who, immediately
before the appointed day, was a public servant may, within the period of 3 years immediately following that day, apply for a position in the Public Service as if the person were still a public servant.
(2) An officer of the State Lotteries Office who applies for such a position, or who is appointed to or employed in such a position, is, for the purposes of:
(a) the Public Sector Management Act 1988; and
| (b) | the Government and Related Employees Appeal Tribunal Act 1980; and |
(c) the Industrial Arbitration Act 1940,
to be regarded as a public servant in relation to the application,
appointment or employment.
(3) For the purposes of this section, a reference to a public servant is a reference to an officer employed within the Public Service.
Temporary staff etc.
12. (1) Each member of staff of the State Lotteries Office (other
than an officer) becomes, on the appointed day, a temporary staff
member of NSW Lotteries.
(2) Except as otherwise provided by this Division or the regulations, the terms and conditions on which a member of staff of the State Lotteries Office becomes a temporary staff member of NSW Lotteries (including conditions as to remuneration and duration of appointment) are the same as they were immediately before the appointed day, and are to continue to have effect until they are lawfully varied.
Operation of Industrial Arbitration Act 1940 unaffected
13. Nothing in this Division affects the operation of the Industrial
Arbitration Act 1940.
New South Wales Lotteries 1990
SCHEDULE 3 - SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS - continued
Redundancy of transferred staff
14. The employment of a member of staff of NSW Lotteries may not
be terminated on the ground of redundancy arising from the abolition of the State Lotteries Office, and the establishment of NSW Lotteries, effected by this Act.
Division 4 - General
Current lotteries
15. (1) Any lottery that was being promoted or conducted under the
repealed Act before the appointed day may be completed under this
Act.
(2) This Act applies to and in respect of a lottery referred to in subclause (1) in the same way as It applies to a lottery promoted or conducted under this Act.
First annual report
16. The first annual report of NSW Lotteries is to include matters
concerning the work and activities of the State Lotteries Office since
1 July1990.
Regulations
17. The following regulations are to be regarded as regulations made
under this Act and may be amended or repealed accordingly
(a) State Lotteries (General) Regulation 1989;
(b) State Lotteries (Instant Lotteries) Regulation 1983.
Construction of certain references
18. In any other Act or instrument
| (a) | a reference to the State Lotteries Office is to be construed as a reference to New South Wales Lotteries; and |
| (b) | a reference to the Director of State Lotteries is to be construed as a reference to the General Manager; and |
| (c) | a reference to an officer of the State Lotteries Office is to be construed as a reference to a member of staff of NSW Lotteries. |
[Minister's second reading speech made in -
Legislative Assembly on 17 October 1990
Legislative Council on 20 November 1990]
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