Public Lotteries Act 1996 Public Lotteries Regulation 1996 (1996-652) [GG No 150 of 20.12.1996] (NSW)
1996 No 652
New South Wales
Public Lotteries Regulation 1996
under the
Public Lotteries Act 1996
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Public Lotteries Act 1996.
J. RICHARD FACE, M.P.,
Minister for Gaming and Racing, and
Minister Assisting the Premier on Hunter Development.
Explanatory note
The object of this Regulation is to provide administrative detail for the purposes of the Public Lotteries Act 1996. In the main, the Regulation re-enacts provisions that were previously included in the Lotto Regulation 1995, the New South Wales Lotteries (General) Regulation 1995 or the Soccer Football Pools (General) Regulation 1996. These Regulations have been repealed by the Public Lotteries Act 1996.This Regulation contains provisions relating to the following:
the disposal of unclaimed prizes in public lotteries (clause 5),
the disposal of money in a prize fund for a public lottery if a licence to
conduct the public lottery is no longer in force (clause 6),
publicity concerning prizewinners (clause 7),
the prescription of certain persons concerned or engaged in the
conduct of games of Keno as key employees (clause S),
notification of the change of circumstances of licensees for public
lotteries (clause 9),
the prescription of certain agreements and arrangements as exempt
contracts in relation to games of Keno (clause 10),
the construction of references to legislation repealed by the Public
machinery provisions (clauses 14). Lotteries Act 1996 (clause 1 l),
Published in Gazette No 150 of 20 December 1996, page 8595 Page 1
1996 No 652
Public Lotteries Regulation 1996
Explanatory note
This Regulation is made under the Public Lotteries Act 1996, including sections 4 (definitions—meaning of key employee), 27 (prize fund account), 38 (publicity concerning prizewinners), 52 (licensees and agents to inform Minister of changed circumstances), 62 (definitions—meaning of exempt contract), 83 (the general regulation making power) and clause 1 of Schedule 2 (concerning the making of regulations of a savings or transitional nature).
This Regulation comprises matters of a machinery nature, matters of a savings or transitional nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public.
Contents
Page
| Part 1 | Preliminary |
1 Name of Regulation
2 Commencement
3 Definitions
4 Notes
| Part 2 | Prizes |
5 Unclaimed public lottery prizes 3 6 Disposal of certain money in prize fund if licence not in force 4 7 Publicity concerning prizewinners 4
| Part 3 | Miscellaneous |
8 Key employees (Keno) 4 9 Notification of change of circumstances in relation to licensees 5 10 Exempt contracts (Keno) 6 11 Construction of certain references 7 Schedule 1 Change of circumstances to be notified 8
1996 No 652
Public Lotteries Regulation 1996 Clause 1 Preliminary Part 1 Public Lotteries Regulation 1996 Part 1 Preliminary 1 Name of Regulation
This Regulation is the Public Lotteries Regulation 1996.
2 Commencement
This Regulation commences on 1 January 1997.
3 Definitions
In this Regulation:
licensee means the holder of a licence under the Act.
the Act means the Public Lotteries Act I996
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
Part 2 Prizes 5 Unclaimed public lottery prizes
(1)
In this clause, unclaimed prize means a prize that remains unclaimed by the prizewinner for a period of one year after the date on which the public lottery to which the prize relates is conducted.
(2)
A 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 $200 or more won on a public lottery:
(a) the value of the prize, (b) the name of the prizewinner, if known, (c) the game number of the public lottery concerned.
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| Clause 5 | Public Lotteries Regulation 1996 |
| Part 2 | Prizes |
Particulars of an unclaimed prize of $200 or more included in a list under this clause need not be included in any subsequent list under this clause.
An unclaimed prize won in a public lottery may be disposed of by the licensee who conducted the public lottery in a manner and for a purpose, for the benefit of subscribers to public lotteries conducted by the licensee, approved of by the Minister.
The disposal of an unclaimed prize under this clause does not affect a prizewinner’s entitlement to the prize. 6 Disposal of certain money in prize fund if licence not in force
The Minister may, with the approval of the Treasurer, distribute money to which section 27 (10) of the Act refers for the benefit of subscribers to public lotteries generally, by payment to the Consolidated Fund or for such other purposes as the Minister determines.
7 Publicity concerning prizewinners
For the purposes of section 38 (2) of the Act, an entrant in a public lottery may request anonymity:
(a) by having the request for anonymity recorded by the licensee in accordance with the rules of the public lottery, Or
(b)
by indicating to the licensee (or an employee of the licensee) when claiming a prize that the person does not want his or her identity published.
| Part 3 | Miscellaneous |
8 Key employees (Keno)
(1)
Any person who is concerned in any of the following ways in the conduct of games of Keno by a Keno licensee i s a key employee for the purposes of paragraph (c) of the definition of key employee in section 4 ( 1 ) of the Act:
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Public Lotteries Regulation 1996 Clause 8 Miscellaneous Part 3
(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.
(2)
Any of the following persons who are concerned or engaged in the conduct of games of Keno by a Keno licensee are also key employees for the purposes of paragraph (c) of the definition of key employee in section 4 (1) of the Act:
(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.
9 Notification of change of circumstances in relation to licensees
(1) The kinds of changes set out in Schedule 1 are prescribed for the purposes of section 52 of the Act in relation to licensees for public lotteries.
(2)
The particulars to be notified under section 52 of the Act in relation to each kind of change are as set out in Schedule 1 in respect of that kind of change.
1996 No 652
| Clause 10 | Public Lotteries Regulation 1996 |
| Part 3 | Miscellaneous |
10 Exempt contracts (Keno)
The class of instruments comprising the following agreements and arrangements is prescribed, in relation to games of Keno, for the purposes of paragraph (b) of the definition of exempt contract in section 62 of the Act:
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,
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,
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,
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,
the Clubkeno Holdings Pty Ltd deed of consent entered
deed of consent entered into on 19 November 1992, and into on 30 October 1991, the Clubkeno Holdings Pty Ltd 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,
the power of attorney made by Clubkeno Holdings Pty Ltd
on 30 October 1991,
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Public Lotteries Regulation 1996 Clause 10 Miscellaneous Part 3
(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.
11 Construction of certain references
(1) A reference in an Act (other than the Public Lotteries Act 1996), in any instrument made under an Act or in any other document to a repealed Act or Regulation, or to rules made under a repealed
Act, is to be read:
(a)
as including a reference to the Public Lotteries Act 1996, the regulations and rules made under that Act and any instrument (including a licence) issued under that Act (as applicable) unless it relates to a matter that continues, by reason of the operation of Schedule 2 to that Act, to be dealt with by a repealed Act or Regulation or rules made under a repealed Act, or
(b)
if it relates to such a matter—as a reference to the applicable repealed Act or Regulation or rules made under the applicable repealed Act.
(2)
In this clause, repealed Act or Regulation means an Act or Regulation repealed by section 84 of the Public Lotteries Act 1996.
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Public Lotteries Regulation 1996
| Schedule 1 | Change of circumstances to be notified |
| Schedule 1 | Change of circumstances to be notified |
(Clause 9)
Kinds of change Particulars to be notified Any change i n the name of the Particulars of those matters as licensee, the licensee's principal changed. business address or postal
address, telephone number or
facsimile number.Any change in the membership Particulars of the name, address of the board of directors of the and date of birth of any new licensee. director. Any change in the name or Particulars of the new name or address of any member of the address of the director. board of directors of the licensee. The licensee commencing to Particulars of the name, address remunerate an employee of the and date of birth of the licensee at a remuneration level employee. of $100,000 per year or more,
whether as salary or remuneration
package.Any change in the information Particulars of the change, entered in the register of including any addition to or members of the licensee. deletion from that information. Any change in the proportion of Particulars of the name and the paid up capital of the address of the person and the licensee in which a person holds proportion of the paid up capital a beneficial interest and any in which the person holds a acquisition by a person of a beneficial interest as changed or beneficial interest in the paid up acquired. capital of the licensee. Any change in the nominal or Particulars of the nominal or paid paid up capital of the licensee. up capital as changed. Any change in the objectives or Particulars of those objectives or main activities of the licensee. main activities as changed.
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Public Lotteries Regulation 1996
Change of circumstances to be notified Schedule 1
Kinds of change Particulars to be notified Any change i n any direct or Particulars of the interest both indirect financial interests held by before and after the change. the licensee 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 commencing to have the same other business or enterprise and registered office as the licensee. the activities in which it engages. The licensee commencing to carry Particulars of the address of the on any other business or 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 carried on by the person on the behalf. licensee’s behalf. The commencement, settlement, Particulars of the nature of the discontinuance or finalisation of 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
fiom being disclosed) or the
result of finalisation.The obtaining of judgment Particulars of the terms of the against the licensee, the creation judgment or charge or the reasons of any charge over any property for and circumstances of the of the licensee or repossession of repossession, and a description of any property of the licensee. any property affected. Any amendment under any law Particulars of the amendment. of the Commonwealth of an
assessment relating to the licensee
under the Income Tax AssessmentAct 1936 of the Commonwealth. Any change in the key employees Particulars of the name and employed by or on behalf of the address of a person who becomes licensee. or ceases to be a key employee
and the date that occurs.
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Public Lotteries Regulation 1996
| Schedule 1 | Change of circumstances to be notified |
Kinds of change Particulars to be notified The commencement, settlement, Particulars of the nature of the discontinuance or finalisation of 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 Particulars of to whom the debt $500,000 in the debts of the is owed, the amount of the debt licensee. as increased, the amount of the increase and the reason for the increase. Any failure by the licensee to Particulars of the loan or make due payments under a loan financing arrangement, the or other financing arrangement. amount due and unpaid and the
reason for the failure to pay.The commencement of the Particulars of the date on which winding up of the licensee or the 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 compromise or scheme of i t was entered into and the terms arrangement with the licensee’s of the compromise or scheme. creditors. The appointment of a receiver or Particulars of the date and terms manager, whether by the Supreme of the appointment. Court or otherwise, i n respect of the property of the licensee.
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