State Lotteries (Amendment) Act 1984 (NSW)
STATE LOTTERIES (AMENDMENT) ACT, 1984, No. 135
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Act No. 135, 1984.
An Act to amend the State Lotteries Act, 1930, to incorporate the State l.otteries Office, and for other purposes. [Assented to, 4th December, 1984.]
State Lotteries {Amendment) 1984
BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
1. This Act may be cited as the “State Lotteries (Amendment) Act,
1984”.
Commencement.
2. (1) Except as provided by subsection (2), this Act shall commence on the date of assent to this Act.
| (2) | Schedule 1, and section 4 in its application to that Schedule, shall |
commence on such day as may be appointed by the Governor in respect
thereof and as may be notified by proclamation published in the Gazette.
Schedules.
3. This Act contains the following Schedules:—
SCHEDULE 1.— A mendments to the State Lotteries A c t , 1930.
SCHEDULE 2.— A mendments to the State Lotteries A c t , 1930,
BY Way of Statute L aw R evision.
SCHEDULE 3.— Savings, T ransitional and O ther P rovisions.
Amendment of Act No. 51, 1930.
4. The State Lotteries Act, 1930, is amended in the manner set forth
in Schedules 1 and 2.
3 Act N o. 135
State Lotteries (Amendment) 1984
Savings, transitional and other provisions.
5. Schedule 3 has effect.
SCHEDULE 1.
(Sec. 4.)
A mendments to the State Lotteries A c t , 1930.
(1) Long title—
Omit “by the Treasurer”.
(2) Section 2—
Omit the section, insert instead;—
Interpretation.
2. (1) In this Act, except in so far as the context or subject- matter otherwise indicates or requires—
“Director" means the Director of State Lotteries appointed under
this Act;
“Oflice” means the State Lotteries Oflice constituted by this Act;
“State lottery" means a lottery promoted and conducted under the authority of this Act.
(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. |
State Lotteries (Amendment) 1984
SCHEDULE (^continued.
A mendments to the State Lotteries A c t , 1930— continued.
(3) (a) Section 3—
Omit “Treasurer’, insert instead “Office”.
(b) Section 3—
Omit “he”, insert instead “it”.
(4) Section 5—
Omit “Treasurer", imsert instead “Office”.
(5) Section 6 b—
After section 6a , insert:—
The State Lotteries Office.
6 b . (1) There is hereby constituted a corporation with the corporate name “State Lotteries Ollice”.
(2) The affairs of the Oflice shall be managed by the Director. (3) Any act. matter or thing done in the name of, or on behalf of. the Oflice by the Director, or with the authority of the Director, shafl be deemed to have been done by the Office.
(4) The O ffice-
fa) shafl have and may exercise the functions conferred or imposed on it by or under this or any other Act (including functions conferred or imposed on it as a licensee or an agent under the Lotto Act. 1979);
| (b) | shall, for the purposes of any Act. be deemed to be a statutory body representing the Crown; |
5 Act N o. 135
State Lotteries (Amendment) 1984
| SCHEDULE | \— continued. |
A mendments to the State Lotteries Ac t , 1930—continued.
| (c) | shall, in the exercise of its functions, be subject to the control and direction of the Minister; |
(d) has perpetual succession; (e) shall have an official seal;
| (f) | may take prcxieedings, and be proceeded against, in its cor[x>rate name; and |
| (g) | may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Office is constituted. |
(5) The seal of the Ollice shall not be affixed to any instru ment or dtK'ument except in the pre.sence of the Director, or a public servant for the time being authorised by the Director for the purpose of this subsection, who shall attest by his or her signature the fact and date of the affixing of the seal.
(6) All courts and persons acting judicially—
| (a) | shall take judicial notice of the seal of the Office that has been affixed to any instrument or document; and |
| (b) | shall, until the contrary is proved, presume that the seal was properly affixed. |
(7) In any other Act, in any instrument made under any Act or in any other instrument of any kind, except in so far as the context or subject-matter otherwise indicates or requires, a reference to “State Lotteries Office” or “State Lotteries” (whether with or with out the addition of the words “New South Wales” or the letters “N.S.W.” ) shall be read and construed as a reference to the State Lotteries Office constituted by this Act.
(6) Section 7 (1) —
Omit “who, subject to the control of the Treasurer, shall have the execution and administration of this Act”.
State Lotteries (Amendment) 1984
SCHEDULE 1—continued.
A mendments to the State Lotteries A c t , 1930—continued.
(7) Section 7a—
Omit the section.
(8) Section 7b—
Before section 8, insert:—
Acting Director.
7b. (1) The Minister may, from time to time, appoint a person to act in the oflice of Director during the illness or absence of the Director or during a vacancy in the oflice of Director, and the person, while so acting, shall have and may exercise the functions of the Director.
(2) The Minister may remove from oflice a person appointed
under subsection (1).
(3) A person while acting in the office of Director 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.
(4) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of Director pursuant to subsection (1).
(9) Sections 8, 8a—
Omit section 8, insert instead:—
Staff of Office.
8. (1) Such staff as may be necessary to enable the Office to
exercise its functions shall be employed under the Public Service Act,
Act N o. 135
State Lotteries {Amendment) 1984
SCHEDULE 1—continued.
A mendments to the State Lotteries A c t , 1930—continued.
(2) For the purpose of enabling the Office to exercise its
functions, the Office may—
(a) with the approval of the Minister; and
(b) with the approval of—
(i) the Minister administering a government department or an administrative office; or
(ii) a statutory body,
and on such terms and conditions as may be approved by the Public Service Board, arrange for the use of the services of any staff or facilities of the department, office or body, as the case may be.
(3) The Oflice may—
(a) for any purpose approved by the Minister; and
| (b) | on such terms and conditions as may be approved by the Public Service Board, |
employ such casual staff as may be required by the Office in
exercising its functions.
| (4) | The Public Service Act, 1979, does not apply to or in |
respect of the employment of casual staff under subsection (3) and
a person is not, as a member of that casual staff, subject to that Act.
Liability of Director, etc.
8a. No matter or thing done by the Office, and no matter or thing done by any person acting under the direction of the Office, shall, if the matter or thing was done bona fide for the purposes of executing this or any other Act, subject the Director or a person so acting personally to any action, liability, claim or demand whatever.
Stale Lotteries {Amendment) 1984
SCHliDUl.E 2.
(Sec. 4.)
| A mizndmi ;nts to | iuk STAir, l ,or i i ;Rii :s A n , | 1930, by W a-i | oi |
| St a i u i u | L aw | R evision. |
(1) Section 4—
Omit the section, insert instead: —
State Lotteries Account.
4. ( I ) There shall be eslablisherl in the .Special Deposits .Account in the
Treasury a State l otteries Account into which shall be deposited ail money received from the sale of tickets in, or from the promotion and conduct of, any State lottery,
| (2) | In respect of each lottery an amount suliicient to meet payment of |
all prizes apportioned to that lottery shall he retained in the State i.otteries
Account and the balance carried to the Consolidated Fund,
(3) All other receipts under this Act shall be paid into the Consolidated
Fund,
| (2) | Sections 5, 6a (2), 7 (6) — After "he" wherever occurring, insert "or she", |
| (3 ) | (a) Section 7( 1) — |
Omit "he", insert instead "the Ciovernor”.
(b) Section 7 (2) —
Omit "Consolidated Revenue Fund", insert instead "Consoiidateil Fund".
(c) Section 7 (3) —
Omit "in his capacity as the Director, subject to that Act eluring his term of oHice", insert insteati "as the Director, subject to that Act",
(d) Section 7 (4) —
Omit "his”.
| (e) | Section 7 (4) — Omit "Treasurer", insert instead "Minister”. |
Act No. 135
State Lotteries (Amendment) 1984
SCHEDULE 2—continued.
| A m e n d m e n t s | to the | S tati; | Lotteries | A c t , | 1930, | by W ay | of |
| Sta tute | L aw | R evision— continued. |
| (f) | Section 7 (4 a ), (5) — Omit the subsections, insert instead; — |
(4 a ) The Director may, after attaining the age of 60 years, be retired from oflice by the Governor and, if so retired, is entitled to such com pensation (if any) as the Statutory and Other Offices Remuneration Tri bunal determines.
(5) The Director shall be deemed to have vacated office if the Director—
| (a) | engages in New South Wales in any paid employment outside the duties of the oflice of Director; |
| (b) | becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; |
| (c) | absents himself or herself from duty for a period of 28 consecutive days except on leave granted by the Minister; |
| (d) | becomes a temporary patient, a continued treatment patient, a pro tected person or an incapable person within the meaning of the Mental Health Act. 1958, or a person under detention uniler Part VII of that Act; or |
(e) resigns the office by instrument in writing addressed to the Minister.
(g) Section 7 (6) —
After "his" wherever occurring, insert "or her".
(4) Section 10—
Omit “Treasurer", insert instead "Minister".
State Lotteries (Amendment) 1984
SCHEDULE 3.
(Sec. 5.)
| Savings , | T ransitionai , | and O th er | P rovisions . |
Interpretation.
1. In this Schedule, except in so far as the context or subject-matter otherwise
indicates or requires—
“appointed day” means the day appointed and notified under section 2(2) ;
“corporation sole" means the corporation sole constituted under section 7a of the
State Lotteries Act, 1930, as in force immediately before the appointed day;
“State Lotteries Office” means the State Lotteries Office constituted by the State Lotteries Act, 1930. as amended by this Act.
Abolition of corporation sole.
2. The corporation sole is abolished on the appointed day.
Transfer of assets to State Lotteries Office.
3. (1) In this clause, “former authority” means— (a) the corporation sole;
| ||||||
| (c) a Director of State Lotteries. (2) Subject to subclause (3), on and from the appointed day— | ||||||
|
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State Lotteries {Amendment) 1984
SCHEDULE 3—continued.
Savings, T ransitional and O th er P rovisions— continued.
| (d) | all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by. a former authority and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the State Lotteries Office; |
| (e) | the State Lotteries Office may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subclause and for the prosecution of proceedings so referred to as the former authority might have done, but for the enactment of this Act; |
| (f) | the State Lotteries Office may enforce and realise any security or charge existing immediately before that day in favour of a former authority and may exercise any powers thereby conferred on the former authority as if the security or charge were a security or charge in favour of the State Lotteries Office; |
| (g) | all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, a former authority shall be debts, money and claims due and payable by, and claims recoverable against, the State Lotteries Office; and |
| (h) | all liquidated and unliquidated claims for which a former authority would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the State Lotteries Office shall be liable. |
| (3) | In the application of subclause (2) to a former authority, being a Minister |
of the Crown or a Director of State Lotteries, the provisions of that subclause apply only to an act, matter or thing connected with the execution or administration of the Slate Lotteries Act, 1930.
References to corporation sole.
4. On and from the appointed day, a reference in any other Act, in any instrument
made under any Act or in any other instrument of any kind to the corporation sole
shall be read and construed as a reference to the State Lotteries Office.
State Lotteries Account.
5. The account opened in the Treasury pursuant to section 4 (1) of the State
Lotteries Act, 1930, as in force immediately before the appointed day, shall be deemed to be established, on that day, as the State Lotteries Account pursuant to section 4 ( 1 ) of that Act, as amended by this Act.
State Lotteries (Amendment) 1984
SCHEDUI.E ^— cotitimtecl.
Savings, l EiANsmoNAL ani> O i kgr P rovisions— continued.
Regulations.
6. (1 ) Tht; Governor may make regulations eonlaining other provisions ol a savings
or Iransitional nature consequent on the enactnienl of this Act.
| (2) A provision made under subclansc I 1 | ) may take cticet as from the appointed |
day or a later day.
(}) To the extent to which a provision referred to in subelause (I) takes efTeet from a dale that is earlier than the date of its puhlieation in the Gazette, the provision does not operate so as—
fa) to alfecl, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person e.xisting before the date of its publication therein; or
| (b) | 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 therein. |
| (4) | A provision made under subelause (I) shall, if the regulations e.xpres.sly |
so provide, have effect notwithstanding any provision of this Schedule other than this
clause.
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