Soccer Football Pools Act 1976 (Qld)

289 Q1tQEZtic'tttb ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 33 of 1976 An Act to provide for the promotion , conduct and operation of soccer football pools [ASSENTED TO 28TH APRIL, 19761 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Soccer Football Pools Act 1976. 2. Interpretation . In this Act, save where a contrary intention appears- approved representative ", in relation to a licensee, means a person appointed pursuant to this Act as an approved representative of that licensee being a person for the time being approved or within a class for the time being approved by the Treasurer; " corresponding law " means a law of another State or a Territory of the Commonwealth pursuant to which a person is authorized to promote, conduct or operate soccer football pools; " entry form " means a form required by the rules to be completed to enable a person to enter a soccer football pool;

290 Soccer Football Pools Act 1976, No. 33 " inspector " means a person appointed as an inspector pursuant to this Act; " licence " ° means a licence granted and issued under this Act and in force at any material time; " licensee " means the holder of a licence; " participating State " means a State or Territory of the Common- wealth in which a person is authorized to promote, conduct or operate soccer football pools pursuant to a corresponding law; " prize fund " means the fund represented by a bank account referred to in section 15 (1); " rules ", in relation to a soccer football pool, mean rules made by a licensee with respect to soccer football pools promoted, conducted or operated by him and in force pursuant to this Act; " soccer football pool " means a game the results of which depend on the outcome of soccer football matches; subscription " means the entry fee required by the rules to be paid by a person to enable him to enter a soccer football pool; Treasurer " means the Treasurer of the State. 3. Restriction on promotion of soccer football pools . (1) A person shall not promote, conduct or operate a soccer football pool unless he is a licensee. Penalty : 32 000. (2) A licensee shall not promote, conduct or operate a soccer football pool save in accordance with this Act and the conditions of his licence. 4. Exculpation of certain persons from certain offences . (1) A person is not guilty of an offence under any law other than this Act by reason only that- (a) he enters a soccer football pool by means of an entry form; (b) being a licensee , he promotes, conducts or operates a soccer football pool in accordance with this Act and with the conditions of his licence; (c) he is concerned in the promotion, conduct or operation of a soccer football pool promoted, conducted or operated by a licensee in accordance with this Act and with the conditions of his licence; (d) he prints or publishes any thing relating to a soccer football pool promoted, conducted or operated by a licensee in accordance with this Act and with the conditions of the licence held by that licensee; (e) he is the owner or occupier of any house, office, room or other place used for the purpose of, or in connexion with, a soccer football pool promoted, conducted or operated by a licensee in accordance with this Act and with the conditions of the licence held by that licensee; or

Soccer Football Pools Act 1976, No. 33 291 (f) he prints or publishes the results of or information as to the prize money payable in respect of a soccer football pool promoted, conducted or operated under a corresponding law. (2) Where a person does or omits to do any thing in the course of his employment as an employee of a licensee or an approved representative that, but for this subsection, would render hint guilty of an offence against this Act, the employer of that person and not that person is guilty of that offence. This subsection does not apply to an act or omission that constitutes an offence under section 12 (4). 5. Prohibition as to minors taking part in soccer football pools. (1) A person concerned in the promotion, conduct or operation of a soccer football pool shall not accept from a person who is under the age of 18 years an entry form for, and a subscription in respect of, a soccer football pool. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the soccer football pool referred to in the complaint was promoted, conducted or operated by a licensee and that the defendant had no reason to believe and did not believe that the person from whom he accepted an entry form was under the age of 18 years. (3) A person under the age of 18 years who enters a soccer football pool commits an offence against this Act. Penalty: $100. 6. Licence to promote , conduct and operate soccer football pools. (1) A person may make to the Treasurer an application to promote, conduct and operate soccer football pools. (2) Upon consideration of the application, the Treasurer may give to the applicant a notice in writing setting forth- (a) that he is prepared to grant the application; or (b) that he is not prepared to grant the application. (3) Where the Treasurer gives notice in accordance with subsection (2) (a), he shall specify in the notice- (a) the conditions to which the licence will be subject; (b) the period for which the licence will be in force (being a period that commences on a date not more than 2 months after the date of the notice and ends on a date not more than 10 years after the commencement of that period); (c) that the granting of the licence is subject to lodgment by the applicant within the time specified in the notice of the prescribed security. " (4) The security referred to in subsection (3) (c) shall be by way of a bond in the form and with an insurer approved by the Treasurer, executed by and binding that insurer- (a) to pay to the Treasurer any amount of duty that the licensee fails in respect of any soccer football pool promoted, conducted or operated by that licensee during any period while his licence is in force to pay pursuant to section 14 (1) (b) and that has not been recovered under section 19; and

292 Soccer Football Pools Act 1976, No. 33 (b) in addition, if the licence so granted is revoked, to pay to the Treasurer such amount as is demanded by the Treasurer not exceeding an amount equal to the amount that became payable (whether or not it was paid)- to the Treasurer pursuant to section 14 (1) (b) during the period of 2 months that last preceded the revocation of the licence, but so that that insurer will not be required under the bond to meet a total liability in respect of the matters referred to in subparagraphs (a) and (b) that exceeds 5100 000. (5) Subject to this Act, a licence is in force during the period specified in the licence. (6) The Treasurer shall not, while a licence is in force, grant another licence. (7) A licensee who, after lodging with the Treasurer the prescribed bond, does any thing that causes that bond not to be in force during any period while' his licence is in force commits an offence against this Act. Penalty: $10 000. 7. Alteration of conditions of licence . (1) The Treasurer may while a licence is in force alter the conditions of the licence by imposing additional conditions or by amending, substituting or revoking any condition but an alteration shall not be made pursuant to this subsection unless- (a) the licensee has been given a notice in writing setting forth the terms of the proposed alteration and inviting the licensee to make representations to the Treasurer concerning the proposed alteration within such period as is specified in the notice; and (b) the Treasurer has, after the expiration of that period, considered any representations duly made to him by or on behalf of the licensee. (2) An alteration pursuant to subsection (1) shall take effect on and from the expiration of 7 days after the day on which a notice signed by the Treasurer advising the licensee of the alteration has been given to the licensee. 8. Conditions of licence . The conditions to which a licence is subject may include conditions relating to- (a) the opening by the licensee of an office or offices in the State and the days on which and the times between which that office or those offices shall be open for business; (b) the subsidizing by the licensee of the prize fund to the extent necessary to enable prizes to be maintained at such level as the Treasurer specifies in the condition; (c) the rate of commission to be paid by the licensee to approved representatives ; (d) the rules in accordance with which soccer football pools shall be promoted, conducted or operated by the licensee; (e) the maximum amount that a person may subscribe in respect of one entry in a soccer football pool promoted, conducted or operated by the licensee;

Soccer Football Pools Act 1976, No. 33 293 (f) the printing in entry forms for a soccer football pool promoted, conducted or operated by the licensee of such of the rules or extracts from the rules as are specified in the conditions; (g) the frequency with which soccer football pools shall be promoted, conducted or operated by the licensee; and (h) such other matters as the Treasurer thinks fit. 9. Revocation of licence . (1) Where a licensee- (a) fails to comply- (i) with this Act; (ii) with the rules ; (iii) with any condition of his licence; (b) makes application to the Treasurer for the revocation of his licence, the Treasurer may, by.notice in writing given to the licensee, revoke his licence. (2) Where the licensee is a corporation and a dealing with or in respect of shares of or other instruments issued by the corporation that, in the opinion of the Treasurer, affects the control of the corporation takes place without the consent in writing of the Treasurer, the Treasurer may, by notice in writing given to the licensee, revoke its licence. (3) The revocation of a licence pursuant to subsection (1) or (2) shall take effect- (a) save as provided by subparagraph (b), on the day on which notice of revocation is given to the licensee; (b) on such later date as is specified in the notice of revocation. 10. Approved representatives. (1) A licensee may, by instrument in writing, appoint a person approved by the Treasurer or within a class of persons so approved to be an approved representative of the licensee and may, in like manner, revoke an appointment so made. (2) A licensee shall not pay a commission to a person unless that person is an approved representative of the licensee. (3) A person who is not an approved representative of a licensee shall not receive on behalf of the licensee entry forms for and subscriptions in respect of soccer football pools promoted, conducted or operated by that licensee. (4) The Totalisator Administration Board of Queensland established pursuant to the Racing and Betting Act 1954-1975 may be appointed to be an approved representative pursuant to subsection (I). (5) An approval by the Treasurer for the purposes of subsection (1) shall be given in writing. (6) An approved representative or his servant or agent shall not be liable for any loss, damage or expense that may be sustained by a subscriber by reason of any neglect, omission, delay or failure on the part of that representative or his servant or agent to forward any entry form to the licensee.

294 Soccer Football Pools Act 1976, No. 33 11. Soccer football pool rules . (1) A licensee may, with the approval in writing of the Treasurer, make rules not inconsistent with this Act for or with respect to the promotion, conduct and operation by him of soccer football pools. (2) A rule made pursuant to subsection (I)- (a) shall be published in the Gazette; and (b) shall take effect on and from the date of such publication or such later date as is specified in the rule. 12. Inspectors . (1) The Governor in Council may appoint as many officers of the Public Service of the State as he considers necessary to be inspectors for the effectual administration of this Act. (2) An appointment referred to in subsection (1) shall be made under the Public Service Act1922-1973 and the appointee shall hold office under, subject to and in accordance with that Act. (3) An inspector for the purposes of this Act at any reasonable time- (a) may enter any part of the premises- (i) of a licensee; (ii) not being a dwelling-house, of an approved representative; (iii) not being a dwelling-house, of a person other than a licensee whom the inspector on reasonable grounds suspects of promoting, conducting or operating a soccer football pool; (iv) not being a dwelling-house, of a person other than an approved representative whom the inspector on reasonable grounds suspects of receiving entry forms for or subscriptions in respect of a soccer football pool; (b) may require any person whom the inspector on reasonable grounds suspects of having the custody, possession or control of registers, books, records or documents that relate to or that the inspector suspects on reasonable grounds relate to the promotion, conduct or operation of a soccer football pool- (i) to produce to him those registers, books, records or documents; (ii) to answer any question put to him with respect to those registers, books, records or documents, within such reasonable time as is specified in that requirement; (c) may make copies of or take extracts from any entry in a register, book, record or document referred to in subparagraph (b). (4) A person- (a) shall not prevent an inspector from exercising a power conferred upon him by subsection (3); (b) shall not hinder or obstruct an inspector in the exercise of a power conferred upon him by subsection (3); (c) shall not fail to comply with a requirement of an inspector under subsection (3) (b); (d) shall not wilfully furnish to an inspector information that is false or misleading in a material particular.

Soccer Football Pools Act 1976, No. 33 295 (5) It is a defence to a prosecution for an offence defined in subsection (4) (c) by reason of the failure of the defendant to answer a question referred to in subsection (3) (b) (ii) if he proves that he did not know, and could not with reasonable diligence ascertain, the answer to the question. (6) A person is not excused from answering a question if required under subsection (3) (b) to do so on the ground that the answer might tend to incriminate him or make him liable to a penalty but the information furnished by him shall not be admissible against him in any proceedings, civil or criminal, save in proceedings for an offence under subsection (4). (7) Where an answer to a question referred to in subsection (3) (b) (ii) or any information whatsoever is given to an inspector by an officer of a corporation within the meaning of the Companies Act 1961-1975 that is concerned in the promotion, conduct or operation of a soccer football pool, the answer and information are, for the purposes of a proceeding against the corporation under any of the provisions of this Act, binding upon and admissible in evidence against the corporation unless it is proved that the answer or information was given in relation to a matter in respect of which the officer had no authority to bind the corporation. (8) The provisions of subsection (7) are in addition to and not in derogation of any rule of law relating to the binding effect and admissibility in evidence of statements made by an officer or employee of a corporation. (9) Any matter or thing done by an inspector in good faith for the purpose or purported purpose of executing this Act shall not subject the inspector personally to any action, liability, claim or demand. 13. Audit for certain purposes . (1) The Treasurer may request the Auditor-General to inspect, examine and audit such of the accounts, books and records of a licensee as relates to the application of subscriptions and the payment of prizes. (2) The Auditor-General or a person authorized by him in. that behalf shall, upon the request of the Treasurer pursuant to subsection (1), carry out the inspection, examination and audit and the Auditor- General shall have with respect to the inspection, examination and audit all the powers and authorities conferred upon him by the Audit Act 1874-1968. The Auditor-General shall report to the Treasurer thereon. (3) The Auditor-General or person authorized by him shall have the right of access at all reasonable times to the accounts, books and records specified in subsection (1) and may direct any employee of the licensee to make available copies of or extracts from those accounts, books or records or to supply such information and explanations as he thinks fit for the purposes of the inspection, examination and audit and every employee shall comply with a direction so given.

296 Soccer Football Pools Act 1976, No. 33 14. Application of subscriptions . (1) Out of the subscriptions received by him in respect of a soccer football pool promoted, conducted or operated by him, whether in Queensland or elsewhere, the licensee- (a) shall pay into the prize fund an amount equal to the prescribed percentage of those subscriptions; (b) shall pay to the Treasurer as duty an amount equal to 30 per centum of those subscriptions. (2) The reference in subsection (t) (a) to the prescribed percentage of subscriptions is a reference- (a) save as provided in subparagraph (h), to 37 per centum; (b) where a greater percentage is prescribed, to that greater percentage. (3) Where a licensee proposes to promote, conduct or operate soccer football pools. in Queensland and also in a participating State, the Treasurer may enter into an agreement or arrangement with the appropriate Minister or other appropriate authority of that participating State with respect to- (a) the division between him and that appropriate Minister or authority of the amount referred to in subsection (1) (b); or (b) the exclusion from the subscriptions by reference to which the amount referred to in subsection (1) (b) is to be calculated of such subscriptions as may be specified in the agreement or arrangement. (4) Where an agreement or arrangement referred to in subsection (3) (b) has been entered into, the obligation of the licensee under subsection (1) to pay the amount referred to in subsection (1) (b) shall he limited to paying to the Treasurer as duty the percentage referred to in subsection (1) (b) of such of the subscriptions referred to in subsection (1) as are not excluded by the agreement or arrangement from the subscriptions so referred to. 15. Prize fund. (1) The part of the subscriptions referred to in section 14 (1) (a)- (a) shall, save as provided in subparagraph (b), be paid into a bank account kept by the licensee at a bank in Queensland approved in writing by the Treasurer; (b) shall, where the licensee by whom the subscriptions are received also promotes, conducts or operates soccer football pools in a participating State and the Treasurer in writing approves of that part of the subscriptions being paid into a bank account kept by the licensee in that State, be paid into that bank account. (2) Moneys kept in a bank account referred to in subsection (I) (a) that are not required immediately for the payment of prizes may be invested by the licensee in such manner as the Treasurer in writing approves and any interest accruing thereon shall be paid into that account and form part of the prize fund.

Soccer Football Pools Act 1976, No. 33 297 (3) Subject to subsection (2), the moneys kept in a bank account referred to in subsection (1) may be applied only- (a) towards the payment by the licensee of prizes won in accordance with soccer football pools promoted, conducted and operated by him in Queensland or, where a soccer football pool is promoted, conducted or operated by him in Queensland and in a participating State , in Queensland and that participating State; (b) where the licence granted to the licensee contains a condition referred to in section 8 (b), towards the reimbursement of the licensee for any amount by which he subsidizes the prize fund; and (c) where the Treasurer so approves in writing, towards the reimbursement of the licensee for any amount that, before the commencement of this Act, he paid under a corresponding law under which he was authorized to promote, conduct or operate soccer football pools as a subsidy into a prize fund kept under that law. (4) Section 110 of the Public Curator Act 1915-1974 applies to a licensee being a company within the meaning of that Act that keeps a bank account referred to in subsection (1) (a) as if the words " six years " were omitted and the words " two years " were substituted therefor. 16. Payment of duty. (1) Subject to section 14 (4), a licensee shall, within 7 days after the day on which entries in respect of a soccer football pool close, pay to the Treasurer the duty specified in section 14 (1) (b). (2) Where a licensee makes a payment of duty referred to in subsection (1), he shall forward with that payment such financial, statistical or other statements relating to the soccer football pool as the Treasurer directs, either generally or in respect of a particular soccer football pool, in a notice in writing given to the licensee. (3) If payment of duty referred to in subsection (1) is not made within the time specified in that subsection, the licensee shall, in addition to that duty, pay to the Treasurer as additional duty an amount that is equal to 10 per centum of the amount of the unpaid duty in respect of each month, calculated from the expiration of the time referred to in subsection (1), during which the duty remains unpaid. (4) Notwithstanding subsection (3), the Treasurer may, in any case in which he thinks fit to do so, forego the whole or any part of the additional duty referred to in that subsection or allow further time for the payment thereof. (5) Moneys paid to the Treasurer pursuant to this section that are not paid by him in accordance with section 17 (2) shall be paid by the Treasurer to the Consolidated Revenue Fund. 17. Sports and Youth Fund. (1) There shall be established and kept in the Treasury a Sports and Youth Fund. (2) There shall be paid to the credit of the Sports and Youth Fund two-thirds of the amount of the duty and any additional duty paid to the Treasurer under this Act.

298 Soccer Football Pools Act 1976, No. 33 (3) Where moneys are paid to the Treasurer by the appropriate Minister or other appropriate authority pursuant to an agreement or arrangement referred to in section 14 (3), those moneys shall, for the purposes of subsection (2), be deemed to be paid to the Treasurer as duty or additional duty. (4) The moneys paid to the Sports and Youth Fund pursuant to subsection (2) shall be used to support and develop such sporting and youth facilities as the Governor in Council determines. 18. Service of documents . (1) A notice, requisition or other writing authorized or required by this Act to be given to any person shall be duly given if- (a) it is served personally on the person to whom it is directed; (b) it is left at the place of business of the person to whom it is directed last known to the person who gives it; (c) save in the case of a notice of revocation, it is sent by post to the place of business of the person to whom it is directed last known to the person who sends it. (2) In the case of a notice, requisition or other writing given to a licensee who carries on bus: ness at more than one place in Queensland, it shall be sufficient com,)liance with subsection (1) if that notice, requisition or other writing is left at or sent by post to the address that is, in the opinion of the Treasurer, the principal place of business of the licensee in Queensland. 19. Recovery of moneys. (1) Moneys payable by a person to the Treasurer under this. Act and not paid may be recovered from that person by action as for a debt due to the Crown in a court of competent jurisdiction by the Treasurer or a person thereunto authorized in writing by the Treasurer. (2) In an action pursuant to subsection (1), a certificate purporting to be signed by the Treasurer certifying as to the amount payable by a person and that that amount has not been paid is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate. 20. Offences generally, penalty and proceedings for offences. (I) A person who contravenes or fails to comply with a provision of this Act is guilty of an offence against this Act. (2) A person who- (a) fails to do that which he is directed or required to do; (b) does that which he is forbidden to do, by a person acting under the authority of this Act commits an offence against this Act. (3) Save where some other penalty is expressly provided- (a) a licensee who commits an offence against this Act is liable to a penalty of 32 000; and (b) a person, not being a licensee, who commits an offence against this Act is liable to a penalty of 5500.

Soccer Football Pools Act 1976, No. 33 299 (4) A prosecution for an offence against this Act shall be taken by way of summary proceedings under the JusticesAct1886-1975 upon complaint by a person duly authorized in writing by the Treasurer in that behalf. 21. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that, in the opinion of the Governor in Council, are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act. (2) Regulations may be made so as to apply differently according to such factors as are specified in the regulations. (3) A regulation may impose a penalty not exceeding $250 for a breach thereof.