{"id":"qld:act-1997-034","name":"Lotteries Act 1997","slug":"lotteries-act-1997","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"34 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104678,"registerId":"qld-act-1997-034-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Lotteries Act 1997 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Object","content":"### sec.2A Object\n\nThe object of this Act is to ensure that, on balance, the State and the community as a whole benefit from lotteries.\nThe balance is achieved by allowing lotteries subject to a system of regulation and control designed to protect players and the community through—\nensuring the integrity and fairness of games; and\nensuring the probity of those involved in the conduct of lotteries; and\nminimising the potential for harm from lotteries.\ns 2A ins 2000 No. 51 s 95\n(sec.2A-ssec.1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from lotteries.\n(sec.2A-ssec.2) The balance is achieved by allowing lotteries subject to a system of regulation and control designed to protect players and the community through— ensuring the integrity and fairness of games; and ensuring the probity of those involved in the conduct of lotteries; and minimising the potential for harm from lotteries.\n- (a) ensuring the integrity and fairness of games; and\n- (b) ensuring the probity of those involved in the conduct of lotteries; and\n- (c) minimising the potential for harm from lotteries.","sortOrder":3},{"sectionNumber":"sec.2B","sectionType":"section","heading":"Explanation of licensing scheme","content":"### sec.2B Explanation of licensing scheme\n\nThis Act establishes a licensing scheme under which a lottery may be conducted only if—\na person holds a lottery licence for the lottery; and\nanother person holds a lottery operator’s licence for the lottery; and\nthe lottery is conducted under a lottery operation agreement between the 2 persons.\ns 2B ins 2007 No. 22 s 4\n- (a) a person holds a lottery licence for the lottery; and\n- (b) another person holds a lottery operator’s licence for the lottery; and\n- (c) the lottery is conducted under a lottery operation agreement between the 2 persons.","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions—the dictionary","content":"### sec.3 Definitions—the dictionary\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Authorised lotteries","content":"# Authorised lotteries","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Basic concepts","content":"## Basic concepts","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of gaming scheme","content":"### sec.4 Meaning of gaming scheme\n\nA gaming scheme is a game, scheme or arrangement in which the winners of prizes are decided—\nwholly or partly by chance; or\nby a competition or other activity of which the outcome is dependent on fate or guessing.\n- (a) wholly or partly by chance; or\n- (b) by a competition or other activity of which the outcome is dependent on fate or guessing.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of lottery","content":"### sec.5 Meaning of lottery\n\nA lottery is a gaming scheme classified under a rule as a lottery.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Requirement for lottery to be authorised by lottery licence and lottery operator’s licence","content":"## Requirement for lottery to be authorised by lottery licence and lottery operator’s licence","sortOrder":10},{"sectionNumber":"sec.6","sectionType":"section","heading":"Requirement for primary licence","content":"### sec.6 Requirement for primary licence\n\nA person must not conduct a lottery unless the person is authorised to do so under a primary licence.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not conduct a gaming scheme that is not a lottery if—\nthe gaming scheme may reasonably be confused with a lottery; or\nbecause of the scheme’s similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSubsection (2) does not apply if the gaming scheme is conducted under a gaming Act.\nA person must not participate in a lottery, or a gaming scheme mentioned in subsection (2) , knowing the person who is conducting the lottery or scheme is not authorised under this Act or a gaming Act to conduct the lottery or scheme.\nMaximum penalty—40 penalty units.\nA person must not conduct a gaming scheme (other than an approved lottery) under a name that—\nis a name by which an approved lottery is conducted; or\nis likely to be confused with the name by which an approved lottery is conducted; or\nincludes a word—\ncontained in the name by which an approved lottery is conducted; and\nprescribed under a regulation.\nMaximum penalty for subsection (5) —40 penalty units.\ns 6 amd 2004 No. 21 s 123 sch ; 2007 No. 22 s 3 sch 1\n(sec.6-ssec.1) A person must not conduct a lottery unless the person is authorised to do so under a primary licence. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.6-ssec.2) A person must not conduct a gaming scheme that is not a lottery if— the gaming scheme may reasonably be confused with a lottery; or because of the scheme’s similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.6-ssec.3) Subsection (2) does not apply if the gaming scheme is conducted under a gaming Act.\n(sec.6-ssec.4) A person must not participate in a lottery, or a gaming scheme mentioned in subsection (2) , knowing the person who is conducting the lottery or scheme is not authorised under this Act or a gaming Act to conduct the lottery or scheme. Maximum penalty—40 penalty units.\n(sec.6-ssec.5) A person must not conduct a gaming scheme (other than an approved lottery) under a name that— is a name by which an approved lottery is conducted; or is likely to be confused with the name by which an approved lottery is conducted; or includes a word— contained in the name by which an approved lottery is conducted; and prescribed under a regulation. Maximum penalty for subsection (5) —40 penalty units.\n- (a) the gaming scheme may reasonably be confused with a lottery; or\n- (b) because of the scheme’s similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery.\n- (a) is a name by which an approved lottery is conducted; or\n- (b) is likely to be confused with the name by which an approved lottery is conducted; or\n- (c) includes a word— (i) contained in the name by which an approved lottery is conducted; and (ii) prescribed under a regulation.\n- (i) contained in the name by which an approved lottery is conducted; and\n- (ii) prescribed under a regulation.\n- (i) contained in the name by which an approved lottery is conducted; and\n- (ii) prescribed under a regulation.","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Foreign gaming schemes","content":"### sec.7 Foreign gaming schemes\n\nUnless authorised by an approved arrangement or under a gaming Act, a person must not—\nsell or offer for sale, or cause to be sold or offered for sale, a ticket in a gaming scheme conducted by a foreign agency; or\naccept or cause to be accepted, an amount for purchase of a ticket, or submission of an entry form, for a gaming scheme conducted by a foreign agency.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nUnless authorised by an approved arrangement or under a gaming Act, a person must not publish or cause to be published an advertisement or notice that promotes, is calculated to promote, or is likely to be taken as promoting, a gaming scheme conducted by a foreign agency.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\napproved arrangement means an arrangement, approved by the chief executive in writing, under which a primary licensee, by agreement with a foreign agency that is conducting or proposes to conduct a gaming scheme, is to assume responsibility for the conduct of the gaming scheme in Queensland under this Act.\ns 7 amd 1998 No. 14 s 268 (2) – (3) ; 2004 No. 21 s 123 sch ; 2007 No. 22 ss 6 , 3 sch 1\n(sec.7-ssec.1) Unless authorised by an approved arrangement or under a gaming Act, a person must not— sell or offer for sale, or cause to be sold or offered for sale, a ticket in a gaming scheme conducted by a foreign agency; or accept or cause to be accepted, an amount for purchase of a ticket, or submission of an entry form, for a gaming scheme conducted by a foreign agency. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.7-ssec.2) Unless authorised by an approved arrangement or under a gaming Act, a person must not publish or cause to be published an advertisement or notice that promotes, is calculated to promote, or is likely to be taken as promoting, a gaming scheme conducted by a foreign agency. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.7-ssec.3) In this section— approved arrangement means an arrangement, approved by the chief executive in writing, under which a primary licensee, by agreement with a foreign agency that is conducting or proposes to conduct a gaming scheme, is to assume responsibility for the conduct of the gaming scheme in Queensland under this Act.\n- (a) sell or offer for sale, or cause to be sold or offered for sale, a ticket in a gaming scheme conducted by a foreign agency; or\n- (b) accept or cause to be accepted, an amount for purchase of a ticket, or submission of an entry form, for a gaming scheme conducted by a foreign agency.","sortOrder":12},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Approval to conduct approved lottery in another State or foreign country","content":"### sec.7A Approval to conduct approved lottery in another State or foreign country\n\nA primary licensee must not conduct an approved lottery in another State or foreign country unless the arrangement about the conduct of the lottery in the other State or foreign country is approved by the chief executive.\nThe chief executive may charge the primary licensee a fee for—\ngiving the approval; and\ndoing what is necessary under this Act to facilitate and regulate the licensee’s conduct of the approved lottery in the other State or foreign country.\nThe Minister may enter into an agreement with the relevant Minister of the other State or foreign country about any of the following—\nthe taxation of lotteries and the sharing of tax revenue derived from lotteries;\ncollaboration between lottery officials and officers of the other State or foreign country engaged in the administration of the corresponding law of the other State or foreign country;\nmutual recognition of licences and administrative acts between the State, and the other State or foreign country.\nIn this section—\ncorresponding law , of the other State or foreign country, means the law of the other State or foreign country that provides for the same matter as this Act or a provision of this Act.\nrelevant Minister , of the other State or foreign country, means the Minister, or equivalent office holder, of the other State or foreign country, with portfolio responsibility for lotteries regulation or the taxation of lotteries.\ns 7A ins 2009 No. 41 s 87\n(sec.7A-ssec.1) A primary licensee must not conduct an approved lottery in another State or foreign country unless the arrangement about the conduct of the lottery in the other State or foreign country is approved by the chief executive.\n(sec.7A-ssec.2) The chief executive may charge the primary licensee a fee for— giving the approval; and doing what is necessary under this Act to facilitate and regulate the licensee’s conduct of the approved lottery in the other State or foreign country.\n(sec.7A-ssec.3) The Minister may enter into an agreement with the relevant Minister of the other State or foreign country about any of the following— the taxation of lotteries and the sharing of tax revenue derived from lotteries; collaboration between lottery officials and officers of the other State or foreign country engaged in the administration of the corresponding law of the other State or foreign country; mutual recognition of licences and administrative acts between the State, and the other State or foreign country.\n(sec.7A-ssec.4) In this section— corresponding law , of the other State or foreign country, means the law of the other State or foreign country that provides for the same matter as this Act or a provision of this Act. relevant Minister , of the other State or foreign country, means the Minister, or equivalent office holder, of the other State or foreign country, with portfolio responsibility for lotteries regulation or the taxation of lotteries.\n- (a) giving the approval; and\n- (b) doing what is necessary under this Act to facilitate and regulate the licensee’s conduct of the approved lottery in the other State or foreign country.\n- (a) the taxation of lotteries and the sharing of tax revenue derived from lotteries;\n- (b) collaboration between lottery officials and officers of the other State or foreign country engaged in the administration of the corresponding law of the other State or foreign country;\n- (c) mutual recognition of licences and administrative acts between the State, and the other State or foreign country.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Lawful activities","content":"### sec.8 Lawful activities\n\nDespite any other law, the following activities are lawful—\nthe conduct, in accordance with this Act, of a lottery stated in a lottery licence and lottery operator’s licence, by the lottery licensee and lottery operator;\nactivities of a lottery agent in accordance with this Act and the relevant agency agreement;\nparticipation (including the purchase of a lottery ticket) in a lottery conducted under this Act;\nthe use of approved lottery equipment by lottery operators and lottery agents;\nthe doing of anything else required or authorised to be done under this Act.\ns 8 amd 2007 No. 22 ss 7 , 3 sch 1\n- (a) the conduct, in accordance with this Act, of a lottery stated in a lottery licence and lottery operator’s licence, by the lottery licensee and lottery operator;\n- (b) activities of a lottery agent in accordance with this Act and the relevant agency agreement;\n- (c) participation (including the purchase of a lottery ticket) in a lottery conducted under this Act;\n- (d) the use of approved lottery equipment by lottery operators and lottery agents;\n- (e) the doing of anything else required or authorised to be done under this Act.","sortOrder":14},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Primary licences","content":"# Primary licences","sortOrder":15},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":16},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Person may not hold both types of primary licence","content":"### sec.8A Person may not hold both types of primary licence\n\nThe same person may not hold both a lottery licence and a lottery operator’s licence.\nSubsection (1) does not prevent a body corporate from holding 1 type of primary licence only because a related body corporate holds the other type of primary licence.\nIn this section—\nrelated body corporate see the Corporations Act , section 9 .\ns 8A ins 2007 No. 22 s 8\n(sec.8A-ssec.1) The same person may not hold both a lottery licence and a lottery operator’s licence.\n(sec.8A-ssec.2) Subsection (1) does not prevent a body corporate from holding 1 type of primary licence only because a related body corporate holds the other type of primary licence.\n(sec.8A-ssec.3) In this section— related body corporate see the Corporations Act , section 9 .","sortOrder":17},{"sectionNumber":"sec.8B","sectionType":"section","heading":"What a licence authorises","content":"### sec.8B What a licence authorises\n\nThis section applies if a lottery (the authorised lottery ) is stated in both a lottery licence and a lottery operator’s licence.\nThe lottery licence authorises the lottery licensee to conduct the authorised lottery through the lottery operator by entering a lottery operation agreement with the lottery operator.\nThe lottery operator’s licence authorises the lottery operator to conduct the authorised lottery under a lottery operation agreement with the lottery licensee.\ns 8B ins 2007 No. 22 s 8\n(sec.8B-ssec.1) This section applies if a lottery (the authorised lottery ) is stated in both a lottery licence and a lottery operator’s licence.\n(sec.8B-ssec.2) The lottery licence authorises the lottery licensee to conduct the authorised lottery through the lottery operator by entering a lottery operation agreement with the lottery operator.\n(sec.8B-ssec.3) The lottery operator’s licence authorises the lottery operator to conduct the authorised lottery under a lottery operation agreement with the lottery licensee.","sortOrder":18},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Issuing and amending primary licences","content":"## Issuing and amending primary licences","sortOrder":19},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application for primary licence","content":"### sec.9 Application for primary licence\n\nAn application for a primary licence must be made to the Minister in the approved form.\nThe application must state whether it is for a lottery licence or a lottery operator’s licence.\nAn application must be accompanied by any application fee prescribed under a regulation.\nThe Minister may, by written notice given to an applicant, require the applicant to give the Minister further information or a document that is necessary and reasonable to help the Minister decide the application.\ns 9 amd 2007 No. 22 ss 10 , 3 sch 1\n(sec.9-ssec.1) An application for a primary licence must be made to the Minister in the approved form.\n(sec.9-ssec.2) The application must state whether it is for a lottery licence or a lottery operator’s licence.\n(sec.9-ssec.3) An application must be accompanied by any application fee prescribed under a regulation.\n(sec.9-ssec.4) The Minister may, by written notice given to an applicant, require the applicant to give the Minister further information or a document that is necessary and reasonable to help the Minister decide the application.","sortOrder":20},{"sectionNumber":"sec.10","sectionType":"section","heading":"Consideration of application","content":"### sec.10 Consideration of application\n\nThe Minister must consider an application for a primary licence and either grant or refuse to grant the application.\ns 10 amd 2007 No. 22 s 3 sch 1","sortOrder":21},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions for granting application","content":"### sec.11 Conditions for granting application\n\nThe Minister may grant an application for a primary licence only if the Minister is satisfied—\nthe applicant is a suitable person to hold a licence of the type to which the application relates; and\neach business or executive associate of the applicant is a suitable person to be associated with the operations of the holder of a licence of that type.\nHowever, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (1) .\nWithout limiting the other matters the Minister may consider in deciding whether to grant an application for a primary licence, the Minister may have regard to the terms of another primary licence in force at the time of the application and any commercial arrangements in place relating to that other licence.\ns 11 amd 2007 No. 22 s 11\n(sec.11-ssec.1) The Minister may grant an application for a primary licence only if the Minister is satisfied— the applicant is a suitable person to hold a licence of the type to which the application relates; and each business or executive associate of the applicant is a suitable person to be associated with the operations of the holder of a licence of that type.\n(sec.11-ssec.2) However, the Minister may refuse to grant an application even if the Minister is satisfied of the matters mentioned in subsection (1) .\n(sec.11-ssec.3) Without limiting the other matters the Minister may consider in deciding whether to grant an application for a primary licence, the Minister may have regard to the terms of another primary licence in force at the time of the application and any commercial arrangements in place relating to that other licence.\n- (a) the applicant is a suitable person to hold a licence of the type to which the application relates; and\n- (b) each business or executive associate of the applicant is a suitable person to be associated with the operations of the holder of a licence of that type.","sortOrder":22},{"sectionNumber":"sec.12","sectionType":"section","heading":"Suitability of applicant to hold primary licence","content":"### sec.12 Suitability of applicant to hold primary licence\n\nIn deciding whether an applicant for a lottery licence or lottery operator’s licence is a suitable person to hold a licence of that type, the Minister may have regard to the following matters—\nthe applicant’s character or business reputation;\nthe applicant’s current financial position and financial background;\nif the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;\nwhether the applicant has, or is able to obtain, appropriate resources and appropriate services;\nfor an application for a lottery licence—whether the applicant has the appropriate business ability to enter into, and manage, lottery operation agreements;\nfor an application for a lottery operator’s licence—whether the applicant has the appropriate business ability to conduct lotteries successfully under a lottery operator’s licence;\nthe extent to which the applicant has negotiated a proposed lottery operation agreement;\nif the applicant has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nany other issues prescribed under a regulation.\nIn subsection (1) —\nappropriate resources means financial resources the Minister considers adequate to ensure the financial viability of operations conducted under a licence of the type to which the application relates.\nappropriate services means the services of persons who have appropriate experience to ensure the proper and successful conduct of lotteries.\ns 12 amd 2007 No. 22 ss 12 , 3 sch 1\n(sec.12-ssec.1) In deciding whether an applicant for a lottery licence or lottery operator’s licence is a suitable person to hold a licence of that type, the Minister may have regard to the following matters— the applicant’s character or business reputation; the applicant’s current financial position and financial background; if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; whether the applicant has, or is able to obtain, appropriate resources and appropriate services; for an application for a lottery licence—whether the applicant has the appropriate business ability to enter into, and manage, lottery operation agreements; for an application for a lottery operator’s licence—whether the applicant has the appropriate business ability to conduct lotteries successfully under a lottery operator’s licence; the extent to which the applicant has negotiated a proposed lottery operation agreement; if the applicant has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background; any other issues prescribed under a regulation.\n(sec.12-ssec.2) In subsection (1) — appropriate resources means financial resources the Minister considers adequate to ensure the financial viability of operations conducted under a licence of the type to which the application relates. appropriate services means the services of persons who have appropriate experience to ensure the proper and successful conduct of lotteries.\n- (a) the applicant’s character or business reputation;\n- (b) the applicant’s current financial position and financial background;\n- (c) if the applicant is not an individual—whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;\n- (d) whether the applicant has, or is able to obtain, appropriate resources and appropriate services;\n- (e) for an application for a lottery licence—whether the applicant has the appropriate business ability to enter into, and manage, lottery operation agreements;\n- (f) for an application for a lottery operator’s licence—whether the applicant has the appropriate business ability to conduct lotteries successfully under a lottery operator’s licence;\n- (g) the extent to which the applicant has negotiated a proposed lottery operation agreement;\n- (h) if the applicant has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (i) any other issues prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;","sortOrder":23},{"sectionNumber":"sec.13","sectionType":"section","heading":"Suitability of business and executive associates","content":"### sec.13 Suitability of business and executive associates\n\nIn deciding whether a business or executive associate of an applicant for a primary licence is a suitable person to be associated with the operations of the holder of a licence of the relevant type, the Minister may have regard to the following matters—\nthe person’s character or business reputation;\nthe person’s current financial position and financial background;\nif the person has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background;\nany other matters prescribed under a regulation.\ns 13 amd 2007 No. 22 ss 13 , 3 sch 1\n- (a) the person’s character or business reputation;\n- (b) the person’s current financial position and financial background;\n- (c) if the person has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background;\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;\n- (d) any other matters prescribed under a regulation.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background;","sortOrder":24},{"sectionNumber":"sec.14","sectionType":"section","heading":"Investigations of suitability of persons","content":"### sec.14 Investigations of suitability of persons\n\nThe chief executive may investigate an applicant for a primary licence to help the Minister decide whether the applicant is a suitable person to hold a licence of the type to which the application relates.\nThe chief executive may investigate a business or executive associate of an applicant for a primary licence to help the Minister decide whether the business or executive associate is a suitable person to be associated with the operations of the holder of a licence of the relevant type.\ns 14 amd 2007 No. 22 ss 14 , 3 sch 1\n(sec.14-ssec.1) The chief executive may investigate an applicant for a primary licence to help the Minister decide whether the applicant is a suitable person to hold a licence of the type to which the application relates.\n(sec.14-ssec.2) The chief executive may investigate a business or executive associate of an applicant for a primary licence to help the Minister decide whether the business or executive associate is a suitable person to be associated with the operations of the holder of a licence of the relevant type.","sortOrder":25},{"sectionNumber":"sec.15","sectionType":"section","heading":"Decision on application","content":"### sec.15 Decision on application\n\nIf the Minister decides to grant an application for a primary licence, the Minister must promptly issue a licence of the relevant type to the applicant.\nIf the Minister decides to refuse to grant an application for a primary licence, the Minister must promptly give the applicant written notice of the decision.\ns 15 amd 2007 No. 22 ss 15 , 3 sch 1\n(sec.15-ssec.1) If the Minister decides to grant an application for a primary licence, the Minister must promptly issue a licence of the relevant type to the applicant.\n(sec.15-ssec.2) If the Minister decides to refuse to grant an application for a primary licence, the Minister must promptly give the applicant written notice of the decision.","sortOrder":26},{"sectionNumber":"sec.16","sectionType":"section","heading":"Conditions of licence","content":"### sec.16 Conditions of licence\n\nThe Minister may issue a primary licence—\non conditions the Minister considers necessary or desirable for the proper conduct of lotteries; and\non other conditions the Minister considers necessary or desirable in the public interest.\ns 16 amd 2007 No. 22 s 3 sch 1\n- (a) on conditions the Minister considers necessary or desirable for the proper conduct of lotteries; and\n- (b) on other conditions the Minister considers necessary or desirable in the public interest.","sortOrder":27},{"sectionNumber":"sec.17","sectionType":"section","heading":"Form of primary licence","content":"### sec.17 Form of primary licence\n\nA primary licence must be in the approved form.\nThe approved form must provide for the inclusion of the following particulars—\nthe licensee’s name;\nthe type of licence;\nthe date of issue of the licence;\nthe term for which the licence is (subject to this Act) to remain in force;\nthe lotteries to which the licence relates;\nthe conditions of the licence;\nany other particulars prescribed under a regulation.\ns 17 amd 2007 No. 22 ss 16 , 3 sch 1\n(sec.17-ssec.1) A primary licence must be in the approved form.\n(sec.17-ssec.2) The approved form must provide for the inclusion of the following particulars— the licensee’s name; the type of licence; the date of issue of the licence; the term for which the licence is (subject to this Act) to remain in force; the lotteries to which the licence relates; the conditions of the licence; any other particulars prescribed under a regulation.\n- (a) the licensee’s name;\n- (b) the type of licence;\n- (c) the date of issue of the licence;\n- (d) the term for which the licence is (subject to this Act) to remain in force;\n- (e) the lotteries to which the licence relates;\n- (f) the conditions of the licence;\n- (g) any other particulars prescribed under a regulation.","sortOrder":28},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Voluntary omission of a lottery stated in a primary licence","content":"### sec.17A Voluntary omission of a lottery stated in a primary licence\n\nWith a primary licensee’s written approval, the Minister may amend the primary licence to omit a lottery stated in it.\nAt a primary licensee’s written request, the Minister must amend the primary licence to omit a lottery stated in it.\nA primary licence may also be amended, to omit a lottery stated in it, under division 5 .\ns 17A ins 2007 No. 22 s 17\n(sec.17A-ssec.1) With a primary licensee’s written approval, the Minister may amend the primary licence to omit a lottery stated in it.\n(sec.17A-ssec.2) At a primary licensee’s written request, the Minister must amend the primary licence to omit a lottery stated in it. A primary licence may also be amended, to omit a lottery stated in it, under division 5 .","sortOrder":29},{"sectionNumber":"sec.18","sectionType":"section","heading":"Changing conditions of primary licence","content":"### sec.18 Changing conditions of primary licence\n\nThe Minister may decide to change the conditions of a primary licence, if the Minister considers it is necessary or desirable to make the change for the proper conduct of lotteries stated in the licence or otherwise in the public interest.\nIf the Minister decides to change conditions of a primary licence under this section, the Minister must promptly give the primary licensee written notice of the change (a condition notice ) and the reasons for the change.\nThe power of the Minister under subsection (1) includes the power to add conditions to an unconditional licence.\ns 18 amd 2007 No. 22 ss 18 , 3 sch 1\n(sec.18-ssec.1) The Minister may decide to change the conditions of a primary licence, if the Minister considers it is necessary or desirable to make the change for the proper conduct of lotteries stated in the licence or otherwise in the public interest.\n(sec.18-ssec.2) If the Minister decides to change conditions of a primary licence under this section, the Minister must promptly give the primary licensee written notice of the change (a condition notice ) and the reasons for the change.\n(sec.18-ssec.3) The power of the Minister under subsection (1) includes the power to add conditions to an unconditional licence.","sortOrder":30},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Other amendments of primary licence","content":"### sec.18A Other amendments of primary licence\n\nThe Minister may amend a primary licence, other than to omit a lottery or change a condition, only with the written approval of the primary licensee.\ns 18A ins 2007 No. 22 s 19","sortOrder":31},{"sectionNumber":"sec.18B","sectionType":"section","heading":"When amendments take effect","content":"### sec.18B When amendments take effect\n\nIf the Minister amends a primary licence under this division, the Minister must give the licensee a notice stating the day the amendment takes effect (the stated day ).\nFor an amendment changing the conditions of the licence, the notice may be included in the condition notice.\nFor an amendment omitting a lottery stated in a licence, unless the Minister and primary licensee agree otherwise, the stated day must be 3 months after the day the Minister receives the approval or request for the amendment.\ns 18B ins 2007 No. 22 s 19\n(sec.18B-ssec.1) If the Minister amends a primary licence under this division, the Minister must give the licensee a notice stating the day the amendment takes effect (the stated day ).\n(sec.18B-ssec.2) For an amendment changing the conditions of the licence, the notice may be included in the condition notice.\n(sec.18B-ssec.3) For an amendment omitting a lottery stated in a licence, unless the Minister and primary licensee agree otherwise, the stated day must be 3 months after the day the Minister receives the approval or request for the amendment.","sortOrder":32},{"sectionNumber":"sec.18C","sectionType":"section","heading":"Notice to other interested persons","content":"### sec.18C Notice to other interested persons\n\nIf a primary licence is being amended under this division, the Minister must give written notice of the amendment, before the stated day under section 18B , to each person with whom the primary licensee has a lottery operation agreement.\ns 18C ins 2007 No. 22 s 19","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":"Return of licence for endorsement of amendments","content":"### sec.19 Return of licence for endorsement of amendments\n\nThe primary licensee must return the primary licence to the Minister within 7 days of receiving the condition notice notifying a change of conditions or a notice from the Minister requesting the return of the licence to endorse another amendment being made under this division, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the primary licence, the Minister must—\namend the licence in an appropriate way and return the amended licence to the primary licensee; or\nif the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions or other amendment, to the primary licensee.\nAn amendment takes effect on the stated day in the notice given under section 18B and does not depend on the primary licence being amended to record the amendment or a replacement licence being issued.\ns 19 amd 2007 No. 22 ss 20 , 3 sch 1\n(sec.19-ssec.1) The primary licensee must return the primary licence to the Minister within 7 days of receiving the condition notice notifying a change of conditions or a notice from the Minister requesting the return of the licence to endorse another amendment being made under this division, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.19-ssec.2) On receiving the primary licence, the Minister must— amend the licence in an appropriate way and return the amended licence to the primary licensee; or if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions or other amendment, to the primary licensee.\n(sec.19-ssec.3) An amendment takes effect on the stated day in the notice given under section 18B and does not depend on the primary licence being amended to record the amendment or a replacement licence being issued.\n- (a) amend the licence in an appropriate way and return the amended licence to the primary licensee; or\n- (b) if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the changed conditions or other amendment, to the primary licensee.","sortOrder":34},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 om 2007 No. 22 s 21","sortOrder":35},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"General provisions about primary licences","content":"## General provisions about primary licences","sortOrder":36},{"sectionNumber":"sec.21","sectionType":"section","heading":"Primary licence not to be transferable","content":"### sec.21 Primary licence not to be transferable\n\nA primary licence can not be transferred.\nHowever, if a primary licence is mortgaged, charged or encumbered with the written approval of the Minister, this section does not prevent the transfer of the licence, subject to section 22 , by way of enforcement of the security.\ns 21 amd 2007 No. 22 s 3 sch 1\n(sec.21-ssec.1) A primary licence can not be transferred.\n(sec.21-ssec.2) However, if a primary licence is mortgaged, charged or encumbered with the written approval of the Minister, this section does not prevent the transfer of the licence, subject to section 22 , by way of enforcement of the security.","sortOrder":37},{"sectionNumber":"sec.22","sectionType":"section","heading":"Mortgage and assignment of primary licence","content":"### sec.22 Mortgage and assignment of primary licence\n\nA primary licensee must not mortgage, charge or otherwise encumber the licence except with the written approval of the Minister.\nIf a person has a right to sell and transfer a primary licence under or because of a mortgage, charge or encumbrance, the licence may only be sold and transferred to a person approved by the Minister.\nBefore the Minister approves the transfer of a primary licence under this section, the Minister must be satisfied—\nthe proposed transferee is a suitable person to hold a licence of the relevant type; and\neach business and executive associate of the proposed transferee is a suitable person to be associated with the operations of the holder of a licence of the relevant type.\nThe Minister may require the proposed transferee of the primary licence to submit an application for the licence and may deal with the application, and investigate the suitability of the proposed transferee and the proposed transferee’s business and executive associates, in the same way as if the application were an application for a new primary licence of the relevant type.\nIf a person has, under or because of, a mortgage, charge or encumbrance, a power to appoint a receiver or manager of the business conducted under a primary licence, the power may only be exercised if the Minister first approves the proposed receiver or manager in writing.\nBefore transferring a primary licence, the primary licensee must give written notice of the proposed transfer to each other person with whom the primary licensee has a lottery operation agreement.\ns 22 amd 2007 No. 22 ss 23 , 3 sch 1\n(sec.22-ssec.1) A primary licensee must not mortgage, charge or otherwise encumber the licence except with the written approval of the Minister.\n(sec.22-ssec.2) If a person has a right to sell and transfer a primary licence under or because of a mortgage, charge or encumbrance, the licence may only be sold and transferred to a person approved by the Minister.\n(sec.22-ssec.3) Before the Minister approves the transfer of a primary licence under this section, the Minister must be satisfied— the proposed transferee is a suitable person to hold a licence of the relevant type; and each business and executive associate of the proposed transferee is a suitable person to be associated with the operations of the holder of a licence of the relevant type.\n(sec.22-ssec.4) The Minister may require the proposed transferee of the primary licence to submit an application for the licence and may deal with the application, and investigate the suitability of the proposed transferee and the proposed transferee’s business and executive associates, in the same way as if the application were an application for a new primary licence of the relevant type.\n(sec.22-ssec.5) If a person has, under or because of, a mortgage, charge or encumbrance, a power to appoint a receiver or manager of the business conducted under a primary licence, the power may only be exercised if the Minister first approves the proposed receiver or manager in writing.\n(sec.22-ssec.6) Before transferring a primary licence, the primary licensee must give written notice of the proposed transfer to each other person with whom the primary licensee has a lottery operation agreement.\n- (a) the proposed transferee is a suitable person to hold a licence of the relevant type; and\n- (b) each business and executive associate of the proposed transferee is a suitable person to be associated with the operations of the holder of a licence of the relevant type.","sortOrder":38},{"sectionNumber":"sec.23","sectionType":"section","heading":"Surrender of primary licence","content":"### sec.23 Surrender of primary licence\n\nA primary licensee may surrender the primary licence by written notice given to the Minister.\nThe surrender takes effect—\nif paragraph (b) does not apply—\n3 months after the notice is given; or\nif a later day of effect is stated in the notice—on the later day; or\nif the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\nBefore surrendering a primary licence, the primary licensee must give written notice of the proposed surrender to each other person with whom the primary licensee has a lottery operation agreement.\ns 23 amd 2004 No. 21 s 123 sch ; 2007 No. 22 ss 24 , 3 sch 1\n(sec.23-ssec.1) A primary licensee may surrender the primary licence by written notice given to the Minister.\n(sec.23-ssec.2) The surrender takes effect— if paragraph (b) does not apply— 3 months after the notice is given; or if a later day of effect is stated in the notice—on the later day; or if the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\n(sec.23-ssec.3) Before surrendering a primary licence, the primary licensee must give written notice of the proposed surrender to each other person with whom the primary licensee has a lottery operation agreement.\n- (a) if paragraph (b) does not apply— (i) 3 months after the notice is given; or (ii) if a later day of effect is stated in the notice—on the later day; or\n- (i) 3 months after the notice is given; or\n- (ii) if a later day of effect is stated in the notice—on the later day; or\n- (b) if the Minister, by written notice, approves a day of effect that is earlier than 3 months after the notice is given—on the day of effect approved by the Minister.\n- (i) 3 months after the notice is given; or\n- (ii) if a later day of effect is stated in the notice—on the later day; or","sortOrder":39},{"sectionNumber":"pt.2A-div.4","sectionType":"division","heading":"Obligations to act under primary licences","content":"## Obligations to act under primary licences","sortOrder":40},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Primary licensees must enter lottery operation agreements","content":"### sec.23A Primary licensees must enter lottery operation agreements\n\nThis section applies if—\na primary licence stating a lottery is issued; or\na primary licence is amended to include a lottery; or\na lottery operation agreement for the conduct of a lottery stated in a primary licence stops being in force and the primary licensee is not a party to any other lottery operation agreement for the conduct of the lottery.\nThe primary licensee must take all reasonable steps to enter an agreement for the conduct of the lottery and have it approved as a lottery operation agreement as soon as practicable.\ns 23A ins 2007 No. 22 s 25\n(sec.23A-ssec.1) This section applies if— a primary licence stating a lottery is issued; or a primary licence is amended to include a lottery; or a lottery operation agreement for the conduct of a lottery stated in a primary licence stops being in force and the primary licensee is not a party to any other lottery operation agreement for the conduct of the lottery.\n(sec.23A-ssec.2) The primary licensee must take all reasonable steps to enter an agreement for the conduct of the lottery and have it approved as a lottery operation agreement as soon as practicable.\n- (a) a primary licence stating a lottery is issued; or\n- (b) a primary licence is amended to include a lottery; or\n- (c) a lottery operation agreement for the conduct of a lottery stated in a primary licence stops being in force and the primary licensee is not a party to any other lottery operation agreement for the conduct of the lottery.","sortOrder":41},{"sectionNumber":"sec.23B","sectionType":"section","heading":"Lottery operators must actively conduct lotteries","content":"### sec.23B Lottery operators must actively conduct lotteries\n\nA lottery operator must actively conduct each lottery stated in the lottery operator’s licence.\ns 23B ins 2007 No. 22 s 25","sortOrder":42},{"sectionNumber":"sec.23C","sectionType":"section","heading":"Minister may temporarily excuse non-activity","content":"### sec.23C Minister may temporarily excuse non-activity\n\nThe Minister may excuse a primary licensee from complying with a requirement under section 23A or 23B , for a stated period, if satisfied it would be reasonable in all the circumstances.\nThe Minister may be satisfied it would be reasonable to excuse a lottery operator from actively conducting a lottery, for a stated period, if the lottery operator is unable to conduct the lottery during the period for operational reasons beyond the lottery operator’s control.\nSections 23A and 23B apply to the primary licensee subject to the excuse given by the Minister.\ns 23C ins 2007 No. 22 s 25\n(sec.23C-ssec.1) The Minister may excuse a primary licensee from complying with a requirement under section 23A or 23B , for a stated period, if satisfied it would be reasonable in all the circumstances. The Minister may be satisfied it would be reasonable to excuse a lottery operator from actively conducting a lottery, for a stated period, if the lottery operator is unable to conduct the lottery during the period for operational reasons beyond the lottery operator’s control.\n(sec.23C-ssec.2) Sections 23A and 23B apply to the primary licensee subject to the excuse given by the Minister.","sortOrder":43},{"sectionNumber":"pt.2A-div.5","sectionType":"division","heading":"Suspension or cancellation of primary licences and omission of lotteries from primary licences","content":"## Suspension or cancellation of primary licences and omission of lotteries from primary licences","sortOrder":44},{"sectionNumber":"sec.24","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.24 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a primary licence—\nthe primary licensee is not, or is no longer, a suitable person to hold a licence of the relevant type;\na business or executive associate of the primary licensee is not, or is no longer, a suitable person to be associated with the operations of the holder of a licence of the relevant type;\nthe primary licensee has been convicted of an offence against this Act or a gaming Act;\nthe primary licensee has been convicted of an indictable offence;\nthe primary licensee has contravened a condition of the primary licence;\nthe primary licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act);\nthere has been a breach of a lottery operation agreement to which the primary licensee is a party (by any party to the agreement);\nthe primary licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations;\nthe primary licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;\nthe primary licensee is affected by control action under the Corporations Act ;\nthe primary licence was issued because of a materially false or misleading representation or declaration.\nFor forming the belief that the ground mentioned in subsection (1) (a) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold a licence of the relevant type.\nFor forming the belief that the ground mentioned in subsection (1) (b) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with the operations of the holder of a licence of the relevant type.\nFor subsection (1) (j) , a primary licensee is affected by control action under the Corporations Act if the licensee—\nhas executed a deed of company arrangement under that Act; or\nis the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\ns 24 amd 2001 No. 45 s 29 sch 3 ; 2004 No. 21 s 123 sch ; 2007 No. 22 ss 27 , 3 sch 1\n(sec.24-ssec.1) Each of the following is a ground for suspending or cancelling a primary licence— the primary licensee is not, or is no longer, a suitable person to hold a licence of the relevant type; a business or executive associate of the primary licensee is not, or is no longer, a suitable person to be associated with the operations of the holder of a licence of the relevant type; the primary licensee has been convicted of an offence against this Act or a gaming Act; the primary licensee has been convicted of an indictable offence; the primary licensee has contravened a condition of the primary licence; the primary licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act); there has been a breach of a lottery operation agreement to which the primary licensee is a party (by any party to the agreement); the primary licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations; the primary licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy; the primary licensee is affected by control action under the Corporations Act ; the primary licence was issued because of a materially false or misleading representation or declaration.\n(sec.24-ssec.2) For forming the belief that the ground mentioned in subsection (1) (a) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether an applicant is a suitable person to hold a licence of the relevant type.\n(sec.24-ssec.3) For forming the belief that the ground mentioned in subsection (1) (b) exists, the Minister may have regard to the same matters to which the Minister may have regard in deciding whether a business or executive associate of an applicant is a suitable person to be associated with the operations of the holder of a licence of the relevant type.\n(sec.24-ssec.4) For subsection (1) (j) , a primary licensee is affected by control action under the Corporations Act if the licensee— has executed a deed of company arrangement under that Act; or is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\n- (a) the primary licensee is not, or is no longer, a suitable person to hold a licence of the relevant type;\n- (b) a business or executive associate of the primary licensee is not, or is no longer, a suitable person to be associated with the operations of the holder of a licence of the relevant type;\n- (c) the primary licensee has been convicted of an offence against this Act or a gaming Act;\n- (d) the primary licensee has been convicted of an indictable offence;\n- (e) the primary licensee has contravened a condition of the primary licence;\n- (f) the primary licensee has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act);\n- (g) there has been a breach of a lottery operation agreement to which the primary licensee is a party (by any party to the agreement);\n- (h) the primary licensee has failed to discharge the licensee’s financial commitments for the licensee’s operations;\n- (i) the primary licensee is bankrupt, has compounded with creditors or otherwise taken, or applied to take, advantage of any law about bankruptcy;\n- (j) the primary licensee is affected by control action under the Corporations Act ;\n- (k) the primary licence was issued because of a materially false or misleading representation or declaration.\n- (a) has executed a deed of company arrangement under that Act; or\n- (b) is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.","sortOrder":45},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Ground for omitting a lottery from a primary licence","content":"### sec.24A Ground for omitting a lottery from a primary licence\n\nA primary licence may be amended to omit a lottery stated in it on the ground that the primary licensee is, and has been for a continuous period of at least 14 days, contravening division 4 in relation to the lottery.\nThe power to amend a primary licence under this division to omit a lottery, on the ground mentioned in subsection (1) , includes the power to amend the licence to omit the only lottery, or all lotteries, stated in the licence on that ground.\ns 24A ins 2007 No. 22 s 28\n(sec.24A-ssec.1) A primary licence may be amended to omit a lottery stated in it on the ground that the primary licensee is, and has been for a continuous period of at least 14 days, contravening division 4 in relation to the lottery.\n(sec.24A-ssec.2) The power to amend a primary licence under this division to omit a lottery, on the ground mentioned in subsection (1) , includes the power to amend the licence to omit the only lottery, or all lotteries, stated in the licence on that ground.","sortOrder":46},{"sectionNumber":"sec.25","sectionType":"section","heading":"Show cause notice","content":"### sec.25 Show cause notice\n\nThis section applies if the Minister believes—\na ground exists to suspend or cancel a primary licence; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or\nthe public interest may be affected in an adverse and material way.\nThis section also applies if the Minister believes the ground exists to amend a primary licence by omitting a lottery stated in it.\nThe Minister must give the primary licensee a written notice (a show cause notice ) that—\nstates the action (the proposed action ) the Minister proposes taking under this division; and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\nif the proposed action is suspension of the primary licence—states the proposed suspension period; and\ninvites the primary licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the primary licensee.\ns 25 amd 2007 No. 22 ss 29 , 3 sch 1\n(sec.25-ssec.1) This section applies if the Minister believes— a ground exists to suspend or cancel a primary licence; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.25-ssec.2) This section also applies if the Minister believes the ground exists to amend a primary licence by omitting a lottery stated in it.\n(sec.25-ssec.3) The Minister must give the primary licensee a written notice (a show cause notice ) that— states the action (the proposed action ) the Minister proposes taking under this division; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the primary licence—states the proposed suspension period; and invites the primary licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.25-ssec.4) The show cause period must be a period ending at least 21 days after the show cause notice is given to the primary licensee.\n- (a) a ground exists to suspend or cancel a primary licence; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or (ii) the public interest may be affected in an adverse and material way.\n- (i) the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (i) the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (a) states the action (the proposed action ) the Minister proposes taking under this division; and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is suspension of the primary licence—states the proposed suspension period; and\n- (e) invites the primary licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":47},{"sectionNumber":"sec.26","sectionType":"section","heading":"Copy of show cause notice to be given to interested persons","content":"### sec.26 Copy of show cause notice to be given to interested persons\n\nThe Minister must promptly give a copy of the show cause notice to each person (an interested person ) the Minister believes has an interest in the primary licence if the Minister considers—\nthe person’s interest may be affected adversely by the suspension, cancellation or amendment of the licence; and\nit is otherwise appropriate in the circumstances to give the copy of the notice to the person.\nIn considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following—\nthe nature of the interested person’s interest;\nwhether the primary licensee’s interest may be improperly prejudiced.\nWithout limiting subsection (1) , a person is an interested person if a lottery operation agreement between the person and the primary licensee is in force.\nAn interested person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.\ns 26 amd 2007 No. 22 ss 30 , 3 sch 1\n(sec.26-ssec.1) The Minister must promptly give a copy of the show cause notice to each person (an interested person ) the Minister believes has an interest in the primary licence if the Minister considers— the person’s interest may be affected adversely by the suspension, cancellation or amendment of the licence; and it is otherwise appropriate in the circumstances to give the copy of the notice to the person.\n(sec.26-ssec.2) In considering whether it is appropriate to give a copy of the show cause notice to an interested person, the issues to which the Minister may have regard include the following— the nature of the interested person’s interest; whether the primary licensee’s interest may be improperly prejudiced.\n(sec.26-ssec.3) Without limiting subsection (1) , a person is an interested person if a lottery operation agreement between the person and the primary licensee is in force.\n(sec.26-ssec.4) An interested person to whom a copy of the show cause notice is given may make representations about the notice to the Minister in the show cause period.\n- (a) the person’s interest may be affected adversely by the suspension, cancellation or amendment of the licence; and\n- (b) it is otherwise appropriate in the circumstances to give the copy of the notice to the person.\n- (a) the nature of the interested person’s interest;\n- (b) whether the primary licensee’s interest may be improperly prejudiced.","sortOrder":48},{"sectionNumber":"sec.27","sectionType":"section","heading":"Consideration of representations","content":"### sec.27 Consideration of representations\n\nThe Minister must consider all written representations (the accepted representations ) made during the show cause period by—\nthe primary licensee; or\nany interested person to whom a copy of the show cause notice is given.\ns 27 amd 2007 No. 22 s 3 sch 1\n- (a) the primary licensee; or\n- (b) any interested person to whom a copy of the show cause notice is given.","sortOrder":49},{"sectionNumber":"sec.28","sectionType":"section","heading":"Immediate suspension","content":"### sec.28 Immediate suspension\n\nThe Minister may suspend a primary licence immediately if the Minister believes—\na ground exists to suspend or cancel the primary licence; and\nthe circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure—\nthe public interest is not affected in an adverse and material way; or\nthe integrity of the conduct of lotteries stated in the licence is not jeopardised in a material way.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the primary licensee with a show cause notice; and\noperates immediately the suspension notice is given; and\ncontinues to operate until the show cause notice is finally dealt with.\nIf the Minister gives a suspension notice to a primary licensee, the Minister must give a copy of the suspension notice to each other person with whom the primary licensee has a lottery operation agreement.\ns 28 amd 2007 No. 22 ss 31 , 3 sch 1\n(sec.28-ssec.1) The Minister may suspend a primary licence immediately if the Minister believes— a ground exists to suspend or cancel the primary licence; and the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure— the public interest is not affected in an adverse and material way; or the integrity of the conduct of lotteries stated in the licence is not jeopardised in a material way.\n(sec.28-ssec.2) The suspension— must be effected by written notice (a suspension notice ) given to the primary licensee with a show cause notice; and operates immediately the suspension notice is given; and continues to operate until the show cause notice is finally dealt with.\n(sec.28-ssec.3) If the Minister gives a suspension notice to a primary licensee, the Minister must give a copy of the suspension notice to each other person with whom the primary licensee has a lottery operation agreement.\n- (a) a ground exists to suspend or cancel the primary licence; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure— (i) the public interest is not affected in an adverse and material way; or (ii) the integrity of the conduct of lotteries stated in the licence is not jeopardised in a material way.\n- (i) the public interest is not affected in an adverse and material way; or\n- (ii) the integrity of the conduct of lotteries stated in the licence is not jeopardised in a material way.\n- (i) the public interest is not affected in an adverse and material way; or\n- (ii) the integrity of the conduct of lotteries stated in the licence is not jeopardised in a material way.\n- (a) must be effected by written notice (a suspension notice ) given to the primary licensee with a show cause notice; and\n- (b) operates immediately the suspension notice is given; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":50},{"sectionNumber":"sec.29","sectionType":"section","heading":"Censuring primary licensee","content":"### sec.29 Censuring primary licensee\n\nThis section applies if the Minister—\nbelieves a ground exists to suspend or cancel a primary licence; but\ndoes not believe the giving of a show cause notice to the primary licensee is warranted.\nThis section also applies if, after considering the accepted representations for the show cause notice, the Minister—\nstill believes a ground exists to suspend or cancel the primary licence; but\ndoes not believe suspension or cancellation of the primary licence is warranted.\nThe Minister may, by written notice given to the primary licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.\ns 29 amd 2007 No. 22 s 3 sch 1\n(sec.29-ssec.1) This section applies if the Minister— believes a ground exists to suspend or cancel a primary licence; but does not believe the giving of a show cause notice to the primary licensee is warranted.\n(sec.29-ssec.2) This section also applies if, after considering the accepted representations for the show cause notice, the Minister— still believes a ground exists to suspend or cancel the primary licence; but does not believe suspension or cancellation of the primary licence is warranted.\n(sec.29-ssec.3) The Minister may, by written notice given to the primary licensee, censure the licensee for a matter relating to the ground for suspension or cancellation.\n- (a) believes a ground exists to suspend or cancel a primary licence; but\n- (b) does not believe the giving of a show cause notice to the primary licensee is warranted.\n- (a) still believes a ground exists to suspend or cancel the primary licence; but\n- (b) does not believe suspension or cancellation of the primary licence is warranted.","sortOrder":51},{"sectionNumber":"sec.30","sectionType":"section","heading":"Directions to rectify","content":"### sec.30 Directions to rectify\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister—\nstill believes a ground exists to suspend or cancel the primary licence; but\nconsiders a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the primary licensee an opportunity to rectify the matter.\nThe Minister may, by written notice given to the primary licensee, direct the licensee to rectify the matter within the period stated in the notice.\nThe period stated must be reasonable, having regard to the nature of the matter to be rectified.\ns 30 amd 2007 No. 22 s 3 sch 1\n(sec.30-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister— still believes a ground exists to suspend or cancel the primary licence; but considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the primary licensee an opportunity to rectify the matter.\n(sec.30-ssec.2) The Minister may, by written notice given to the primary licensee, direct the licensee to rectify the matter within the period stated in the notice.\n(sec.30-ssec.3) The period stated must be reasonable, having regard to the nature of the matter to be rectified.\n- (a) still believes a ground exists to suspend or cancel the primary licence; but\n- (b) considers a matter relating to the ground for suspension or cancellation is capable of being rectified and that it is appropriate to give the primary licensee an opportunity to rectify the matter.","sortOrder":52},{"sectionNumber":"sec.31","sectionType":"section","heading":"Notice by the Minister","content":"### sec.31 Notice by the Minister\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister still believes—\na ground exists to suspend or cancel the primary licence; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or\nthe public interest may be affected in an adverse and material way.\nThis section also applies if, after considering the accepted representations for the show cause notice, the Minister still believes the ground exists to amend a primary licence by omitting a lottery stated in it.\nThis section also applies if the primary licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\nThe Minister must forward to the Governor in Council—\nwritten notice of the Minister’s belief or of the primary licensee’s failure to comply with the direction; and\ncopies of the accepted representations for the show cause notice.\ns 31 amd 2007 No. 22 ss 32 , 3 sch 1\n(sec.31-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister still believes— a ground exists to suspend or cancel the primary licence; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or the public interest may be affected in an adverse and material way.\n(sec.31-ssec.2) This section also applies if, after considering the accepted representations for the show cause notice, the Minister still believes the ground exists to amend a primary licence by omitting a lottery stated in it.\n(sec.31-ssec.3) This section also applies if the primary licensee fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\n(sec.31-ssec.4) The Minister must forward to the Governor in Council— written notice of the Minister’s belief or of the primary licensee’s failure to comply with the direction; and copies of the accepted representations for the show cause notice.\n- (a) a ground exists to suspend or cancel the primary licence; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or (ii) the public interest may be affected in an adverse and material way.\n- (i) the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (i) the integrity of the conduct of lotteries stated in the licence may be jeopardised in a material way; or\n- (ii) the public interest may be affected in an adverse and material way.\n- (a) written notice of the Minister’s belief or of the primary licensee’s failure to comply with the direction; and\n- (b) copies of the accepted representations for the show cause notice.","sortOrder":53},{"sectionNumber":"sec.32","sectionType":"section","heading":"Suspension, cancellation, amendment and appointment of administrator","content":"### sec.32 Suspension, cancellation, amendment and appointment of administrator\n\nAfter receiving the notice from the Minister under section 31 , the Governor in Council may—\nif the proposed action stated in the show cause notice was to suspend the primary licence for a stated period—suspend the licence for not longer than the stated period; or\nif the proposed action stated in the show cause notice was to cancel the primary licence—\nsuspend the licence for a period; or\ncancel the licence; or\nappoint an administrator to conduct the operations of the primary licensee under the licence; or\nif the proposed action stated in the show cause notice was to amend the primary licence by omitting a lottery stated in it—make the amendment.\nThe Minister must promptly give written notice of the decision of the Governor in Council to the primary licensee and to each other person with whom the primary licensee has a lottery operation agreement.\nThe decision takes effect on—\nthe day the notice is given to the primary licensee; or\nif a later day of effect is stated in the notice—the later day.\ns 32 amd 2007 No. 22 ss 32 , 3 sch 1\n(sec.32-ssec.1) After receiving the notice from the Minister under section 31 , the Governor in Council may— if the proposed action stated in the show cause notice was to suspend the primary licence for a stated period—suspend the licence for not longer than the stated period; or if the proposed action stated in the show cause notice was to cancel the primary licence— suspend the licence for a period; or cancel the licence; or appoint an administrator to conduct the operations of the primary licensee under the licence; or if the proposed action stated in the show cause notice was to amend the primary licence by omitting a lottery stated in it—make the amendment.\n(sec.32-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to the primary licensee and to each other person with whom the primary licensee has a lottery operation agreement.\n(sec.32-ssec.3) The decision takes effect on— the day the notice is given to the primary licensee; or if a later day of effect is stated in the notice—the later day.\n- (a) if the proposed action stated in the show cause notice was to suspend the primary licence for a stated period—suspend the licence for not longer than the stated period; or\n- (b) if the proposed action stated in the show cause notice was to cancel the primary licence— (i) suspend the licence for a period; or (ii) cancel the licence; or (iii) appoint an administrator to conduct the operations of the primary licensee under the licence; or\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the operations of the primary licensee under the licence; or\n- (c) if the proposed action stated in the show cause notice was to amend the primary licence by omitting a lottery stated in it—make the amendment.\n- (i) suspend the licence for a period; or\n- (ii) cancel the licence; or\n- (iii) appoint an administrator to conduct the operations of the primary licensee under the licence; or\n- (a) the day the notice is given to the primary licensee; or\n- (b) if a later day of effect is stated in the notice—the later day.","sortOrder":54},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Endorsement of amendment","content":"### sec.32A Endorsement of amendment\n\nThis section applies if—\na primary licence is amended under section 32 (1) (c) ; and\nthe Minister asks the primary licensee to return the licence within a stated period of at least 7 days so the amendment may be endorsed on the licence.\nThe primary licensee must comply with the request, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the primary licence, the Minister must—\namend the licence in an appropriate way and return the amended licence to the primary licensee; or\nif the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the amendment, to the primary licensee.\nAn amendment takes effect on the relevant day under section 32 (3) and does not depend on the primary licence being amended to record the amendment or a replacement licence being issued.\ns 32A ins 2007 No. 22 s 34\n(sec.32A-ssec.1) This section applies if— a primary licence is amended under section 32 (1) (c) ; and the Minister asks the primary licensee to return the licence within a stated period of at least 7 days so the amendment may be endorsed on the licence.\n(sec.32A-ssec.2) The primary licensee must comply with the request, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.32A-ssec.3) On receiving the primary licence, the Minister must— amend the licence in an appropriate way and return the amended licence to the primary licensee; or if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the amendment, to the primary licensee.\n(sec.32A-ssec.4) An amendment takes effect on the relevant day under section 32 (3) and does not depend on the primary licence being amended to record the amendment or a replacement licence being issued.\n- (a) a primary licence is amended under section 32 (1) (c) ; and\n- (b) the Minister asks the primary licensee to return the licence within a stated period of at least 7 days so the amendment may be endorsed on the licence.\n- (a) amend the licence in an appropriate way and return the amended licence to the primary licensee; or\n- (b) if the Minister does not consider it is practicable to amend the licence—issue a replacement licence, incorporating the amendment, to the primary licensee.","sortOrder":55},{"sectionNumber":"sec.33","sectionType":"section","heading":"Terms of appointment, and role, of administrator","content":"### sec.33 Terms of appointment, and role, of administrator\n\nThis section applies to an administrator appointed by the Governor in Council to conduct operations under a primary licence.\nFor any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.\nThe administrator—\nhas full control of, and responsibility for, the operations of the primary licensee conducted under the primary licence (including lotteries that had been commenced but not completed as at the time of the administrator’s appointment); and\nsubject to any directions by the Minister, must conduct the operations in accordance with this Act as if the administrator were the primary licensee.\nThe costs of and incidental to the conduct and administration of a primary licensee’s operations by an administrator under this section (the costs of administration ) are payable by the licensee.\nAny profits derived from the conduct of the primary licensee’s operations by the administrator are, after payment of the costs of administration, to be paid to the primary licensee.\nThis section and section 32 (1) (b) (iii) apply despite the Corporations Act .\ns 33 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2007 No. 22 s 3 sch 1\n(sec.33-ssec.1) This section applies to an administrator appointed by the Governor in Council to conduct operations under a primary licence.\n(sec.33-ssec.2) For any matter not provided for under this Act, the administrator holds office on terms decided by the Governor in Council.\n(sec.33-ssec.3) The administrator— has full control of, and responsibility for, the operations of the primary licensee conducted under the primary licence (including lotteries that had been commenced but not completed as at the time of the administrator’s appointment); and subject to any directions by the Minister, must conduct the operations in accordance with this Act as if the administrator were the primary licensee.\n(sec.33-ssec.4) The costs of and incidental to the conduct and administration of a primary licensee’s operations by an administrator under this section (the costs of administration ) are payable by the licensee.\n(sec.33-ssec.5) Any profits derived from the conduct of the primary licensee’s operations by the administrator are, after payment of the costs of administration, to be paid to the primary licensee.\n(sec.33-ssec.6) This section and section 32 (1) (b) (iii) apply despite the Corporations Act .\n- (a) has full control of, and responsibility for, the operations of the primary licensee conducted under the primary licence (including lotteries that had been commenced but not completed as at the time of the administrator’s appointment); and\n- (b) subject to any directions by the Minister, must conduct the operations in accordance with this Act as if the administrator were the primary licensee.","sortOrder":56},{"sectionNumber":"sec.34","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.34 Cancellation or reduction of period of suspension\n\nAt any time the suspension of a primary licence is in force, the Governor in Council may—\ncancel the remaining period of suspension; or\nreduce the remaining period of suspension by a stated period.\nThe Minister must promptly give written notice of the decision of the Governor in Council to the primary licensee and to each other person with whom the primary licensee has a lottery operation agreement.\ns 34 amd 2007 No. 22 ss 35 , 3 sch 1\n(sec.34-ssec.1) At any time the suspension of a primary licence is in force, the Governor in Council may— cancel the remaining period of suspension; or reduce the remaining period of suspension by a stated period.\n(sec.34-ssec.2) The Minister must promptly give written notice of the decision of the Governor in Council to the primary licensee and to each other person with whom the primary licensee has a lottery operation agreement.\n- (a) cancel the remaining period of suspension; or\n- (b) reduce the remaining period of suspension by a stated period.","sortOrder":57},{"sectionNumber":"pt.2A-div.6","sectionType":"division","heading":"Investigations into suitability","content":"## Investigations into suitability","sortOrder":58},{"sectionNumber":"sec.35","sectionType":"section","heading":"Audit program","content":"### sec.35 Audit program\n\nThe Minister may approve an audit program for investigating primary licensees, or business or executive associates of primary licensees.\nThe chief executive is responsible for ensuring that investigations under an approved audit program are conducted in accordance with the program.\nA person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.\ns 35 amd 2007 No. 22 s 3 sch 1\n(sec.35-ssec.1) The Minister may approve an audit program for investigating primary licensees, or business or executive associates of primary licensees.\n(sec.35-ssec.2) The chief executive is responsible for ensuring that investigations under an approved audit program are conducted in accordance with the program.\n(sec.35-ssec.3) A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.","sortOrder":59},{"sectionNumber":"sec.36","sectionType":"section","heading":"Investigations","content":"### sec.36 Investigations\n\nThe chief executive may investigate a primary licensee to help the Minister decide whether the person is a suitable person to hold, or to continue to hold, a primary licence of the relevant type.\nThe chief executive may investigate a business or executive associate of a primary licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type.\nHowever, the chief executive may investigate a primary licensee only if—\nthe Minister reasonably suspects the primary licensee is not, or is no longer, a suitable person to hold a primary licence of the relevant type; or\nthe investigation is made under an audit program for primary licensees approved by the Minister.\nAlso, the chief executive may investigate a business or executive associate of a primary licensee only if—\nthe Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type; or\nthe investigation is made under an audit program for business and executive associates of primary licensees approved by the Minister; or\nthe person—\nbecame a business or executive associate of the primary licensee after the issue of the primary licence; and\nhas not been investigated previously under an audit program mentioned in paragraph (b) ; or\nthe person—\nwas a business or executive associate of the primary licensee when the primary licence was issued; and\nhas not been investigated under section 14 (2) .\ns 36 amd 2002 No. 43 s 95 ; 2007 No. 22 ss 36 , 3 sch 1\n(sec.36-ssec.1) The chief executive may investigate a primary licensee to help the Minister decide whether the person is a suitable person to hold, or to continue to hold, a primary licence of the relevant type.\n(sec.36-ssec.2) The chief executive may investigate a business or executive associate of a primary licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type.\n(sec.36-ssec.3) However, the chief executive may investigate a primary licensee only if— the Minister reasonably suspects the primary licensee is not, or is no longer, a suitable person to hold a primary licence of the relevant type; or the investigation is made under an audit program for primary licensees approved by the Minister.\n(sec.36-ssec.4) Also, the chief executive may investigate a business or executive associate of a primary licensee only if— the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type; or the investigation is made under an audit program for business and executive associates of primary licensees approved by the Minister; or the person— became a business or executive associate of the primary licensee after the issue of the primary licence; and has not been investigated previously under an audit program mentioned in paragraph (b) ; or the person— was a business or executive associate of the primary licensee when the primary licence was issued; and has not been investigated under section 14 (2) .\n- (a) the Minister reasonably suspects the primary licensee is not, or is no longer, a suitable person to hold a primary licence of the relevant type; or\n- (b) the investigation is made under an audit program for primary licensees approved by the Minister.\n- (a) the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type; or\n- (b) the investigation is made under an audit program for business and executive associates of primary licensees approved by the Minister; or\n- (c) the person— (i) became a business or executive associate of the primary licensee after the issue of the primary licence; and (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or\n- (i) became a business or executive associate of the primary licensee after the issue of the primary licence; and\n- (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or\n- (d) the person— (i) was a business or executive associate of the primary licensee when the primary licence was issued; and (ii) has not been investigated under section 14 (2) .\n- (i) was a business or executive associate of the primary licensee when the primary licence was issued; and\n- (ii) has not been investigated under section 14 (2) .\n- (i) became a business or executive associate of the primary licensee after the issue of the primary licence; and\n- (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or\n- (i) was a business or executive associate of the primary licensee when the primary licence was issued; and\n- (ii) has not been investigated under section 14 (2) .","sortOrder":60},{"sectionNumber":"sec.37","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.37 Requirement to give information or document for investigation\n\nIn investigating a primary licensee, or a business or executive associate of a primary licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\ns 37 amd 2007 No. 22 s 3 sch 1\n(sec.37-ssec.1) In investigating a primary licensee, or a business or executive associate of a primary licensee, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.37-ssec.2) When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.37-ssec.3) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.37-ssec.4) It is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.37-ssec.5) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":61},{"sectionNumber":"sec.38","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.38 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation about a person under section 14 or 36 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.38-ssec.1) If the chief executive, in making an investigation about a person under section 14 or 36 asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.38-ssec.2) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":62},{"sectionNumber":"sec.39","sectionType":"section","heading":"Decisions about primary licence not to be justiciable","content":"### sec.39 Decisions about primary licence not to be justiciable\n\nA decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a primary licence, or person with an interest or potential interest in a primary licence—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe decisions to which subsection (1) applies include, but are not limited to—\na decision of the Governor in Council mentioned in schedule 1 , part 1 ; and\na decision of the Minister mentioned in schedule 1 , part 2 .\nIn this section—\ndecision includes—\nconduct engaged in to make a decision; and\nconduct related to making a decision; and\nfailure to make a decision.\ns 39 amd 2007 No. 22 s 3 sch 1\n(sec.39-ssec.1) A decision of the Governor in Council or Minister made, or appearing to be made, under this Act about a primary licence, or person with an interest or potential interest in a primary licence— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.39-ssec.2) The decisions to which subsection (1) applies include, but are not limited to— a decision of the Governor in Council mentioned in schedule 1 , part 1 ; and a decision of the Minister mentioned in schedule 1 , part 2 .\n(sec.39-ssec.3) In this section— decision includes— conduct engaged in to make a decision; and conduct related to making a decision; and failure to make a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) a decision of the Governor in Council mentioned in schedule 1 , part 1 ; and\n- (b) a decision of the Minister mentioned in schedule 1 , part 2 .\n- (a) conduct engaged in to make a decision; and\n- (b) conduct related to making a decision; and\n- (c) failure to make a decision.","sortOrder":63},{"sectionNumber":"pt.2B","sectionType":"part","heading":"Lottery operation agreements","content":"# Lottery operation agreements","sortOrder":64},{"sectionNumber":"sec.39A","sectionType":"section","heading":"What is a lottery operation agreement","content":"### sec.39A What is a lottery operation agreement\n\nA lottery operation agreement is an agreement between a lottery licensee and a lottery operator, for the conduct of a lottery by the lottery operator, approved by the Minister under this part.\nAnother person may also be a party to a lottery operation agreement.\nA person may be a party to a lottery operation agreement because the agreement includes provisions under which the person acts as a guarantor for one of the primary licensees.\ns 39A ins 2007 No. 22 s 37\n(sec.39A-ssec.1) A lottery operation agreement is an agreement between a lottery licensee and a lottery operator, for the conduct of a lottery by the lottery operator, approved by the Minister under this part.\n(sec.39A-ssec.2) Another person may also be a party to a lottery operation agreement. A person may be a party to a lottery operation agreement because the agreement includes provisions under which the person acts as a guarantor for one of the primary licensees.","sortOrder":65},{"sectionNumber":"sec.39B","sectionType":"section","heading":"Amendments must also be approved","content":"### sec.39B Amendments must also be approved\n\nFor this Act, an amendment of a lottery operation agreement is of no effect until it is approved by the Minister.\ns 39B ins 2007 No. 22 s 37","sortOrder":66},{"sectionNumber":"sec.39C","sectionType":"section","heading":"Approval process","content":"### sec.39C Approval process\n\nA lottery licensee may apply to the Minister for approval of a proposed lottery operation agreement or a proposed amendment of a lottery operation agreement.\nThe application must be written and accompanied by a copy of the proposed agreement or amendment.\nThe Minister must give, or refuse to give, the approval.\nThe Minister may refuse to give the approval only if the Minister reasonably believes it is necessary to do so—\nin the public interest; or\nto protect proper standards of integrity in the conduct of lotteries.\nThe Minister must promptly give the lottery licensee written notice of the Minister’s decision.\ns 39C ins 2007 No. 22 s 37\n(sec.39C-ssec.1) A lottery licensee may apply to the Minister for approval of a proposed lottery operation agreement or a proposed amendment of a lottery operation agreement.\n(sec.39C-ssec.2) The application must be written and accompanied by a copy of the proposed agreement or amendment.\n(sec.39C-ssec.3) The Minister must give, or refuse to give, the approval.\n(sec.39C-ssec.4) The Minister may refuse to give the approval only if the Minister reasonably believes it is necessary to do so— in the public interest; or to protect proper standards of integrity in the conduct of lotteries.\n(sec.39C-ssec.5) The Minister must promptly give the lottery licensee written notice of the Minister’s decision.\n- (a) in the public interest; or\n- (b) to protect proper standards of integrity in the conduct of lotteries.","sortOrder":67},{"sectionNumber":"sec.39D","sectionType":"section","heading":"Minister to be notified if agreement ends","content":"### sec.39D Minister to be notified if agreement ends\n\nIf a lottery operation agreement stops being in force, each party to the agreement must immediately give written notice to the Minister.\ns 39D ins 2007 No. 22 s 37","sortOrder":68},{"sectionNumber":"sec.39E","sectionType":"section","heading":"Being a party to more than 1 lottery operation agreement","content":"### sec.39E Being a party to more than 1 lottery operation agreement\n\nA lottery licensee may be a party to lottery operation agreements with 2 or more lottery operators at the same time, whether for the same or different lotteries.\nA lottery licensee may not be a party to more than 1 lottery operation agreement with the same lottery operator at the same time.\nA lottery operator may not be a party to more than 1 lottery operation agreement at the same time.\ns 39E ins 2007 No. 22 s 37\n(sec.39E-ssec.1) A lottery licensee may be a party to lottery operation agreements with 2 or more lottery operators at the same time, whether for the same or different lotteries.\n(sec.39E-ssec.2) A lottery licensee may not be a party to more than 1 lottery operation agreement with the same lottery operator at the same time.\n(sec.39E-ssec.3) A lottery operator may not be a party to more than 1 lottery operation agreement at the same time.","sortOrder":69},{"sectionNumber":"pt.3","sectionType":"part","heading":"Key employees and operators","content":"# Key employees and operators","sortOrder":70},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Requirement for key employees to be licensed","content":"## Requirement for key employees to be licensed","sortOrder":71},{"sectionNumber":"sec.40","sectionType":"section","heading":"Meaning of key employee","content":"### sec.40 Meaning of key employee\n\nA lottery employee is a key employee if the employee—\noccupies or acts in a managerial position, or carries out managerial functions, in relation to the primary licensee’s operations; or\nis in a position to affect or significantly influence the operations conducted under the primary licence; or\nfor a lottery employee of a lottery operator—occupies or acts in a position designated in the lottery operator’s control system as a key position.\nSubsection (1) (a) and (b) applies to a position only if the position is designated by the chief executive by written notice given to the primary licensee as a key position.\nSubsection (1) (a) applies to functions only if the functions are designated by the chief executive by written notice given to the primary licensee as key functions.\ns 40 amd 2007 No. 22 ss 38 , 3 sch 1 ; 2013 No. 25 s 162\n(sec.40-ssec.1) A lottery employee is a key employee if the employee— occupies or acts in a managerial position, or carries out managerial functions, in relation to the primary licensee’s operations; or is in a position to affect or significantly influence the operations conducted under the primary licence; or for a lottery employee of a lottery operator—occupies or acts in a position designated in the lottery operator’s control system as a key position.\n(sec.40-ssec.2) Subsection (1) (a) and (b) applies to a position only if the position is designated by the chief executive by written notice given to the primary licensee as a key position.\n(sec.40-ssec.3) Subsection (1) (a) applies to functions only if the functions are designated by the chief executive by written notice given to the primary licensee as key functions.\n- (a) occupies or acts in a managerial position, or carries out managerial functions, in relation to the primary licensee’s operations; or\n- (b) is in a position to affect or significantly influence the operations conducted under the primary licence; or\n- (c) for a lottery employee of a lottery operator—occupies or acts in a position designated in the lottery operator’s control system as a key position.","sortOrder":72},{"sectionNumber":"sec.41","sectionType":"section","heading":"Obligation to hold licence","content":"### sec.41 Obligation to hold licence\n\nA person must not occupy or act in the position of a key employee, or carry out the functions of a key employee, in relation to the primary licensee’s operations unless the person is a licensed employee.\nMaximum penalty—40 penalty units.\ns 41 amd 2007 No. 22 s 39","sortOrder":73},{"sectionNumber":"sec.42","sectionType":"section","heading":"Prohibition of employment of unlicensed persons as key employees","content":"### sec.42 Prohibition of employment of unlicensed persons as key employees\n\nA primary licensee must not employ a person as a key employee, or to carry out the functions of a key employee, unless the person is a licensed employee.\nMaximum penalty—40 penalty units.\ns 42 amd 2007 No. 22 s 3 sch 1","sortOrder":74},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Key operators","content":"## Key operators","sortOrder":75},{"sectionNumber":"sec.43","sectionType":"section","heading":"Meaning of key operator","content":"### sec.43 Meaning of key operator\n\nA key operator is a person (other than a lottery employee) who—\nis in a position to control or exercise significant influence over the conduct of a primary licensee’s operations; or\nis associated with a primary licensee in a way that enables the person to control or exercise significant influence over the conduct of a primary licensee’s operations; or\noccupies a position or has an association with a primary licensee of a kind that makes the person a key operator under criteria prescribed under a regulation.\ns 43 amd 2007 No. 22 s 3 sch 1\n- (a) is in a position to control or exercise significant influence over the conduct of a primary licensee’s operations; or\n- (b) is associated with a primary licensee in a way that enables the person to control or exercise significant influence over the conduct of a primary licensee’s operations; or\n- (c) occupies a position or has an association with a primary licensee of a kind that makes the person a key operator under criteria prescribed under a regulation.","sortOrder":76},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requirement that key operator apply for licence or end role","content":"### sec.44 Requirement that key operator apply for licence or end role\n\nIf the chief executive reasonably believes a person is a key operator, the chief executive may, by written notice given to the person, require the person either to apply to be licensed as a key operator under a key person licence, or to stop being a key operator, within 7 days of receiving the notice.\nThe person must comply with the requirement (the key operator’s requirement ) within 7 days of receiving the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nThe chief executive must give a copy of the notice to the relevant primary licensee.\ns 44 amd 2007 No. 22 s 3 sch 1\n(sec.44-ssec.1) If the chief executive reasonably believes a person is a key operator, the chief executive may, by written notice given to the person, require the person either to apply to be licensed as a key operator under a key person licence, or to stop being a key operator, within 7 days of receiving the notice.\n(sec.44-ssec.2) The person must comply with the requirement (the key operator’s requirement ) within 7 days of receiving the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.44-ssec.3) The chief executive must give a copy of the notice to the relevant primary licensee.","sortOrder":77},{"sectionNumber":"sec.45","sectionType":"section","heading":"Requirement that key operator end role","content":"### sec.45 Requirement that key operator end role\n\nIf the chief executive refuses to approve an application for a key person licence made by a person of whom a key operator’s requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the primary licensee within the time stated in the notice.\nThe person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nA person does not incur any liability as a result of action taken to comply with a notice under this section.\ns 45 amd 2007 No. 22 s 3 sch 1\n(sec.45-ssec.1) If the chief executive refuses to approve an application for a key person licence made by a person of whom a key operator’s requirement is made, the chief executive may, by written notice given to the person, require the person to stop being a key operator of the primary licensee within the time stated in the notice.\n(sec.45-ssec.2) The person must comply with the requirement within the time stated in the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.45-ssec.3) A person does not incur any liability as a result of action taken to comply with a notice under this section.","sortOrder":78},{"sectionNumber":"sec.46","sectionType":"section","heading":"Requirement to end key operator’s role","content":"### sec.46 Requirement to end key operator’s role\n\nThis section applies if a key operator’s requirement is made of a person and—\nthe person fails to comply with the requirement; or\nthe chief executive refuses to approve an application for a key person licence made by the person.\nThe chief executive may, by written notice given to the primary licensee for whom the person is a key operator, require the licensee to take any necessary action to ensure that the person ceases to be a key operator within the time stated in the notice.\nThe primary licensee must comply with the requirement.\nThis section applies to a primary licensee despite another Act or law.\nA primary licensee does not incur any liability because of action taken to comply with a notice under this section.\ns 46 amd 2007 No. 22 s 3 sch 1\n(sec.46-ssec.1) This section applies if a key operator’s requirement is made of a person and— the person fails to comply with the requirement; or the chief executive refuses to approve an application for a key person licence made by the person.\n(sec.46-ssec.2) The chief executive may, by written notice given to the primary licensee for whom the person is a key operator, require the licensee to take any necessary action to ensure that the person ceases to be a key operator within the time stated in the notice.\n(sec.46-ssec.3) The primary licensee must comply with the requirement.\n(sec.46-ssec.4) This section applies to a primary licensee despite another Act or law.\n(sec.46-ssec.5) A primary licensee does not incur any liability because of action taken to comply with a notice under this section.\n- (a) the person fails to comply with the requirement; or\n- (b) the chief executive refuses to approve an application for a key person licence made by the person.","sortOrder":79},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Applications for, and issue of, key person licences","content":"## Applications for, and issue of, key person licences","sortOrder":80},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application for key person licence","content":"### sec.47 Application for key person licence\n\nAn application for a key person licence must be made to the chief executive in the approved form.\nThe application must be accompanied by—\nif the applicant applies to be licensed as an employee—a letter from a primary licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and\nany documents prescribed under a regulation; and\nthe application fee prescribed under a regulation.\nThe chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application.\ns 47 amd 2007 No. 22 s 3 sch 1\n(sec.47-ssec.1) An application for a key person licence must be made to the chief executive in the approved form.\n(sec.47-ssec.2) The application must be accompanied by— if the applicant applies to be licensed as an employee—a letter from a primary licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and any documents prescribed under a regulation; and the application fee prescribed under a regulation.\n(sec.47-ssec.3) The chief executive may, by written notice given to an applicant for a key person licence, require the applicant to give the chief executive further information or a document that is necessary and reasonable to help the chief executive decide the application.\n- (a) if the applicant applies to be licensed as an employee—a letter from a primary licensee addressed to the chief executive stating that the licensee intends to employ the applicant as a key employee subject to the applicant being issued with a key person licence; and\n- (b) any documents prescribed under a regulation; and\n- (c) the application fee prescribed under a regulation.","sortOrder":81},{"sectionNumber":"sec.48","sectionType":"section","heading":"Consideration of application","content":"### sec.48 Consideration of application\n\nThe chief executive must consider an application for a key person licence and either grant or refuse to grant the application.\nDespite subsection (1) , the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.\n(sec.48-ssec.1) The chief executive must consider an application for a key person licence and either grant or refuse to grant the application.\n(sec.48-ssec.2) Despite subsection (1) , the chief executive is required to consider an application only if the applicant agrees to having the applicant’s photograph and fingerprints taken.","sortOrder":82},{"sectionNumber":"sec.49","sectionType":"section","heading":"Conditions for granting application","content":"### sec.49 Conditions for granting application\n\nThe chief executive may grant an application for a key person licence only if—\nthe applicant’s photograph and fingerprints have been taken; and\nthe chief executive is satisfied the applicant is a suitable person to hold a key person licence.\nIn deciding whether the applicant is a suitable person to hold a key person licence, the chief executive may have regard to the following matters—\nthe applicant’s character;\nthe applicant’s current financial position and financial background;\nthe applicant’s general suitability to carry out functions as a key employee or to be a key operator for a primary licensee.\ns 49 amd 2007 No. 22 s 3 sch 1\n(sec.49-ssec.1) The chief executive may grant an application for a key person licence only if— the applicant’s photograph and fingerprints have been taken; and the chief executive is satisfied the applicant is a suitable person to hold a key person licence.\n(sec.49-ssec.2) In deciding whether the applicant is a suitable person to hold a key person licence, the chief executive may have regard to the following matters— the applicant’s character; the applicant’s current financial position and financial background; the applicant’s general suitability to carry out functions as a key employee or to be a key operator for a primary licensee.\n- (a) the applicant’s photograph and fingerprints have been taken; and\n- (b) the chief executive is satisfied the applicant is a suitable person to hold a key person licence.\n- (a) the applicant’s character;\n- (b) the applicant’s current financial position and financial background;\n- (c) the applicant’s general suitability to carry out functions as a key employee or to be a key operator for a primary licensee.","sortOrder":83},{"sectionNumber":"sec.50","sectionType":"section","heading":"Investigation of suitability of applicant","content":"### sec.50 Investigation of suitability of applicant\n\nThe chief executive may investigate an applicant for a key person licence to help the chief executive decide whether the applicant is a suitable person to hold a key person licence.","sortOrder":84},{"sectionNumber":"sec.51","sectionType":"section","heading":"Decision on application","content":"### sec.51 Decision on application\n\nIf the chief executive decides to grant an application for a key person licence, the chief executive must promptly—\nissue a key person licence to the applicant; and\ngive written notice of the grant of the licence to the relevant primary licensee.\nIf the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly—\ngive the applicant an information notice about the decision; and\ngive written notice of the decision to the relevant primary licensee.\ns 51 amd 2002 No. 43 s 96 ; 2007 No. 22 s 3 sch 1\n(sec.51-ssec.1) If the chief executive decides to grant an application for a key person licence, the chief executive must promptly— issue a key person licence to the applicant; and give written notice of the grant of the licence to the relevant primary licensee.\n(sec.51-ssec.2) If the chief executive decides to refuse to grant an application for a key person licence, the chief executive must promptly— give the applicant an information notice about the decision; and give written notice of the decision to the relevant primary licensee.\n- (a) issue a key person licence to the applicant; and\n- (b) give written notice of the grant of the licence to the relevant primary licensee.\n- (a) give the applicant an information notice about the decision; and\n- (b) give written notice of the decision to the relevant primary licensee.","sortOrder":85},{"sectionNumber":"sec.52","sectionType":"section","heading":"Form of key person licence","content":"### sec.52 Form of key person licence\n\nA key person licence must be in the approved form.\nThe approved form must provide for the inclusion of the following particulars—\nthe key person licensee’s name;\na recent photograph of the licensee;\nthe date of issue of the licence;\nwhether the licensee is a licensed employee or licensed as a key operator;\nthe conditions of the licence;\nother particulars prescribed under a regulation.\n(sec.52-ssec.1) A key person licence must be in the approved form.\n(sec.52-ssec.2) The approved form must provide for the inclusion of the following particulars— the key person licensee’s name; a recent photograph of the licensee; the date of issue of the licence; whether the licensee is a licensed employee or licensed as a key operator; the conditions of the licence; other particulars prescribed under a regulation.\n- (a) the key person licensee’s name;\n- (b) a recent photograph of the licensee;\n- (c) the date of issue of the licence;\n- (d) whether the licensee is a licensed employee or licensed as a key operator;\n- (e) the conditions of the licence;\n- (f) other particulars prescribed under a regulation.","sortOrder":86},{"sectionNumber":"sec.53","sectionType":"section","heading":"Term of key person licence","content":"### sec.53 Term of key person licence\n\nA key person licence remains in force unless it lapses or is cancelled or surrendered.","sortOrder":87},{"sectionNumber":"sec.54","sectionType":"section","heading":"Lapsing of key person licence","content":"### sec.54 Lapsing of key person licence\n\nA key person licence lapses if the key person licensee is a licensed employee and—\nat the end of 1 year after the licence was issued, the licensee has not been employed (as a key employee or in any other capacity) by a primary licensee; or\nthe licensee ceases to be employed by a primary licensee and is not re-employed by the same or another primary licensee within the following 3 months.\nA key person licence lapses if the person licensed is licensed as a key operator and ceases to be a key operator.\ns 54 amd 2007 No. 22 s 3 sch 1\n(sec.54-ssec.1) A key person licence lapses if the key person licensee is a licensed employee and— at the end of 1 year after the licence was issued, the licensee has not been employed (as a key employee or in any other capacity) by a primary licensee; or the licensee ceases to be employed by a primary licensee and is not re-employed by the same or another primary licensee within the following 3 months.\n(sec.54-ssec.2) A key person licence lapses if the person licensed is licensed as a key operator and ceases to be a key operator.\n- (a) at the end of 1 year after the licence was issued, the licensee has not been employed (as a key employee or in any other capacity) by a primary licensee; or\n- (b) the licensee ceases to be employed by a primary licensee and is not re-employed by the same or another primary licensee within the following 3 months.","sortOrder":88},{"sectionNumber":"sec.55","sectionType":"section","heading":"Conditions","content":"### sec.55 Conditions\n\nThe chief executive may issue a key person licence—\non conditions the chief executive considers necessary or desirable for the proper conduct of lotteries; and\non other conditions the chief executive considers necessary or desirable in the public interest.\nIf the chief executive decides to issue a key person licence on conditions, the chief executive must promptly—\ngive the applicant an information notice about the decision; and\ngive a copy of the notice to the relevant primary licensee.\ns 55 amd 2007 No. 22 s 3 sch 1\n(sec.55-ssec.1) The chief executive may issue a key person licence— on conditions the chief executive considers necessary or desirable for the proper conduct of lotteries; and on other conditions the chief executive considers necessary or desirable in the public interest.\n(sec.55-ssec.2) If the chief executive decides to issue a key person licence on conditions, the chief executive must promptly— give the applicant an information notice about the decision; and give a copy of the notice to the relevant primary licensee.\n- (a) on conditions the chief executive considers necessary or desirable for the proper conduct of lotteries; and\n- (b) on other conditions the chief executive considers necessary or desirable in the public interest.\n- (a) give the applicant an information notice about the decision; and\n- (b) give a copy of the notice to the relevant primary licensee.","sortOrder":89},{"sectionNumber":"sec.56","sectionType":"section","heading":"Changing conditions of key person licence","content":"### sec.56 Changing conditions of key person licence\n\nThe chief executive may decide to change the conditions of a key person licence if the chief executive considers it necessary or desirable to make the change for the proper conduct of lotteries or otherwise in the public interest.\nIf the chief executive decides to change the conditions of a key person licence, the chief executive must immediately—\ngive the key person licensee—\nwritten notice of the changed conditions; and\nan information notice about the decision; and\nif the chief executive believes the key person licensee is currently an employee or key operator of a primary licensee—give the primary licensee a copy of the information notice.\nThe key person licensee must return the licence to the chief executive within 7 days of receiving the information notice, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nOn receiving the licence, the chief executive must—\namend the licence in an appropriate way and return the amended licence to the key person licensee; or\nif the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive.\nThe change of conditions takes effect when the information notice is given to the key person licensee and does not depend on the licence being amended to record the change or a replacement licence being issued.\nThe power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.\ns 56 amd 2004 No. 21 s 89 ; 2007 No. 22 s 3 sch 1\n(sec.56-ssec.1) The chief executive may decide to change the conditions of a key person licence if the chief executive considers it necessary or desirable to make the change for the proper conduct of lotteries or otherwise in the public interest.\n(sec.56-ssec.2) If the chief executive decides to change the conditions of a key person licence, the chief executive must immediately— give the key person licensee— written notice of the changed conditions; and an information notice about the decision; and if the chief executive believes the key person licensee is currently an employee or key operator of a primary licensee—give the primary licensee a copy of the information notice.\n(sec.56-ssec.3) The key person licensee must return the licence to the chief executive within 7 days of receiving the information notice, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.56-ssec.4) On receiving the licence, the chief executive must— amend the licence in an appropriate way and return the amended licence to the key person licensee; or if the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive.\n(sec.56-ssec.5) The change of conditions takes effect when the information notice is given to the key person licensee and does not depend on the licence being amended to record the change or a replacement licence being issued.\n(sec.56-ssec.6) The power of the chief executive under subsection (1) includes the power to add conditions to an unconditional licence.\n- (a) give the key person licensee— (i) written notice of the changed conditions; and (ii) an information notice about the decision; and\n- (i) written notice of the changed conditions; and\n- (ii) an information notice about the decision; and\n- (b) if the chief executive believes the key person licensee is currently an employee or key operator of a primary licensee—give the primary licensee a copy of the information notice.\n- (i) written notice of the changed conditions; and\n- (ii) an information notice about the decision; and\n- (a) amend the licence in an appropriate way and return the amended licence to the key person licensee; or\n- (b) if the chief executive does not consider it practicable to amend the licence—issue another key person licence, incorporating the changed conditions, to the key person licensee to replace the licence returned to the chief executive.","sortOrder":90},{"sectionNumber":"sec.57","sectionType":"section","heading":"Replacement of key person licence","content":"### sec.57 Replacement of key person licence\n\nA key person licensee may apply to the chief executive for the replacement of the licensee’s licence if it has been lost, stolen, destroyed or damaged.\nThe chief executive must consider an application and either grant or refuse to grant the application.\nThe chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.\nIf the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\nIf the chief executive decides to refuse to grant an application, the chief executive must promptly—\ngive the key person licensee an information notice about the decision; and\nif the chief executive believes the key person licensee is currently an employee or a key operator of a primary licensee—give the primary licensee a copy of the information notice.\ns 57 amd 2007 No. 22 s 3 sch 1\n(sec.57-ssec.1) A key person licensee may apply to the chief executive for the replacement of the licensee’s licence if it has been lost, stolen, destroyed or damaged.\n(sec.57-ssec.2) The chief executive must consider an application and either grant or refuse to grant the application.\n(sec.57-ssec.3) The chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way to require its replacement.\n(sec.57-ssec.4) If the chief executive decides to grant an application, the chief executive must, on payment of the fee prescribed under a regulation, issue another key person licence to the applicant to replace the lost, stolen, destroyed or damaged licence.\n(sec.57-ssec.5) If the chief executive decides to refuse to grant an application, the chief executive must promptly— give the key person licensee an information notice about the decision; and if the chief executive believes the key person licensee is currently an employee or a key operator of a primary licensee—give the primary licensee a copy of the information notice.\n- (a) give the key person licensee an information notice about the decision; and\n- (b) if the chief executive believes the key person licensee is currently an employee or a key operator of a primary licensee—give the primary licensee a copy of the information notice.","sortOrder":91},{"sectionNumber":"sec.58","sectionType":"section","heading":"Surrender of key person licence","content":"### sec.58 Surrender of key person licence\n\nA key person licensee may surrender the licence by written notice given to the chief executive.\nThe surrender takes effect on—\nthe day the notice is given to the chief executive; or\nif a later day of effect is stated in the notice—the later day.\nIf the chief executive believes the key person licensee was at the time of the surrender an employee or a key operator of a primary licensee, the chief executive must promptly give notice of the surrender to the primary licensee.\ns 58 amd 2007 No. 22 s 3 sch 1\n(sec.58-ssec.1) A key person licensee may surrender the licence by written notice given to the chief executive.\n(sec.58-ssec.2) The surrender takes effect on— the day the notice is given to the chief executive; or if a later day of effect is stated in the notice—the later day.\n(sec.58-ssec.3) If the chief executive believes the key person licensee was at the time of the surrender an employee or a key operator of a primary licensee, the chief executive must promptly give notice of the surrender to the primary licensee.\n- (a) the day the notice is given to the chief executive; or\n- (b) if a later day of effect is stated in the notice—the later day.","sortOrder":92},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Suspension and cancellation of key person licences, and other action by chief executive","content":"## Suspension and cancellation of key person licences, and other action by chief executive","sortOrder":93},{"sectionNumber":"sec.59","sectionType":"section","heading":"Grounds","content":"### sec.59 Grounds\n\nEach of the following is a ground for suspending or cancelling a key person licensee’s key person licence—\nthe key person licensee—\nis not a suitable person to hold a key person licence; or\nacts in a way that is inappropriate for the conduct of approved lotteries; or\ncontravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or\ncontravenes a condition of the licence;\nthe key person licensee has a conviction, other than a spent conviction, for—\nan offence against this Act or a gaming Act; or\nan indictable offence;\nthe key person licence was issued because of a materially false or misleading representation or document.\nFor forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 49 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.\nFor subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of approved lotteries if the licensee does, or omits to do, an act that results in—\nthe conduct of approved lotteries by a lottery operator not being conducted under the operator’s control system for the conduct of the lotteries; and\nthe integrity of the conduct of approved lotteries being jeopardised.\ns 59 sub 2004 No. 21 s 90\namd 2007 No. 22 s 3 sch 1 ; 2013 No. 25 s 163 ; 2023 No. 23 s 247 sch 1 s 27\n(sec.59-ssec.1) Each of the following is a ground for suspending or cancelling a key person licensee’s key person licence— the key person licensee— is not a suitable person to hold a key person licence; or acts in a way that is inappropriate for the conduct of approved lotteries; or contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or contravenes a condition of the licence; the key person licensee has a conviction, other than a spent conviction, for— an offence against this Act or a gaming Act; or an indictable offence; the key person licence was issued because of a materially false or misleading representation or document.\n(sec.59-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) (i) exists, the chief executive may have regard to the same matters to which the chief executive may have regard under section 49 (2) in deciding whether an applicant for a key person licence is a suitable person to hold the licence.\n(sec.59-ssec.3) For subsection (1) (a) (ii) , a key person licensee acts in a way that is inappropriate for the conduct of approved lotteries if the licensee does, or omits to do, an act that results in— the conduct of approved lotteries by a lottery operator not being conducted under the operator’s control system for the conduct of the lotteries; and the integrity of the conduct of approved lotteries being jeopardised.\n- (a) the key person licensee— (i) is not a suitable person to hold a key person licence; or (ii) acts in a way that is inappropriate for the conduct of approved lotteries; or (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or (iv) contravenes a condition of the licence;\n- (i) is not a suitable person to hold a key person licence; or\n- (ii) acts in a way that is inappropriate for the conduct of approved lotteries; or\n- (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or\n- (iv) contravenes a condition of the licence;\n- (b) the key person licensee has a conviction, other than a spent conviction, for— (i) an offence against this Act or a gaming Act; or (ii) an indictable offence;\n- (i) an offence against this Act or a gaming Act; or\n- (ii) an indictable offence;\n- (c) the key person licence was issued because of a materially false or misleading representation or document.\n- (i) is not a suitable person to hold a key person licence; or\n- (ii) acts in a way that is inappropriate for the conduct of approved lotteries; or\n- (iii) contravenes a provision of this Act, other than a provision a contravention of which is an offence against this Act; or\n- (iv) contravenes a condition of the licence;\n- (i) an offence against this Act or a gaming Act; or\n- (ii) an indictable offence;\n- (a) the conduct of approved lotteries by a lottery operator not being conducted under the operator’s control system for the conduct of the lotteries; and\n- (b) the integrity of the conduct of approved lotteries being jeopardised.","sortOrder":94},{"sectionNumber":"sec.60","sectionType":"section","heading":"Show cause notice","content":"### sec.60 Show cause notice\n\nIf the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice ).\nThe show cause notice must state the following—\nthe action the chief executive proposes taking under this subdivision (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence—the proposed suspension period;\nthat the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\nThe show cause period must end at least 21 days after the key person licensee is given the show cause notice.\nSubsection (5) applies if the chief executive believes—\nthe key person licensee is an employee or a key operator of a primary licensee; and\nthe existence of the grounds for the proposed action is likely to adversely affect the conduct of approved lotteries stated in the primary licence.\nThe chief executive must immediately give a copy of the show cause notice to the primary licensee.\nThe primary licensee may make written representations about the show cause notice to the chief executive in the show cause period.\ns 60 sub 2004 No. 21 s 90\namd 2007 No. 22 ss 40 , 3 sch 1\n(sec.60-ssec.1) If the chief executive believes a ground exists to suspend or cancel a key person licence, the chief executive must before taking action to suspend or cancel the licence give the key person licensee a written notice (a show cause notice ).\n(sec.60-ssec.2) The show cause notice must state the following— the action the chief executive proposes taking under this subdivision (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n(sec.60-ssec.3) The show cause period must end at least 21 days after the key person licensee is given the show cause notice.\n(sec.60-ssec.4) Subsection (5) applies if the chief executive believes— the key person licensee is an employee or a key operator of a primary licensee; and the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved lotteries stated in the primary licence.\n(sec.60-ssec.5) The chief executive must immediately give a copy of the show cause notice to the primary licensee.\n(sec.60-ssec.6) The primary licensee may make written representations about the show cause notice to the chief executive in the show cause period.\n- (a) the action the chief executive proposes taking under this subdivision (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence—the proposed suspension period;\n- (e) that the key person licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n- (a) the key person licensee is an employee or a key operator of a primary licensee; and\n- (b) the existence of the grounds for the proposed action is likely to adversely affect the conduct of approved lotteries stated in the primary licence.","sortOrder":95},{"sectionNumber":"sec.61","sectionType":"section","heading":"Consideration of representations","content":"### sec.61 Consideration of representations\n\nThe chief executive must consider all written representations (the accepted representations ) made under section 60 (2) (e) or (6) .\ns 61 sub 2004 No. 21 s 90","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":"Immediate suspension","content":"### sec.62 Immediate suspension\n\nThe chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes—\na ground exists to suspend or cancel the licence; and\nit is necessary to suspend the licence immediately—\nin the public interest; or\nto ensure the integrity of the conduct of approved lotteries is not jeopardised.\nThe suspension—\ncan be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and\noperates immediately the information notice is given to the licensee; and\ncontinues to operate until the show cause notice is finally dealt with.\nIf the chief executive believes the key person licensee is an employee or a key operator of a primary licensee, the chief executive must immediately give written notice of the suspension to the primary licensee.\ns 62 sub 2004 No. 21 s 90\namd 2007 No. 22 s 3 sch 1\n(sec.62-ssec.1) The chief executive may suspend a key person licensee’s key person licence immediately if the chief executive believes— a ground exists to suspend or cancel the licence; and it is necessary to suspend the licence immediately— in the public interest; or to ensure the integrity of the conduct of approved lotteries is not jeopardised.\n(sec.62-ssec.2) The suspension— can be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and operates immediately the information notice is given to the licensee; and continues to operate until the show cause notice is finally dealt with.\n(sec.62-ssec.3) If the chief executive believes the key person licensee is an employee or a key operator of a primary licensee, the chief executive must immediately give written notice of the suspension to the primary licensee.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) it is necessary to suspend the licence immediately— (i) in the public interest; or (ii) to ensure the integrity of the conduct of approved lotteries is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of approved lotteries is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of approved lotteries is not jeopardised.\n- (a) can be effected only by the chief executive giving the key person licensee an information notice about the decision to suspend the licence, together with a show cause notice; and\n- (b) operates immediately the information notice is given to the licensee; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":97},{"sectionNumber":"sec.63","sectionType":"section","heading":"Suspension and cancellation of licence after show cause process","content":"### sec.63 Suspension and cancellation of licence after show cause process\n\nThis section applies if—\nthere are no accepted representations for a show cause notice; or\nafter considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a key person licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThis section also applies if a key person licensee contravenes a direction given to the licensee under section 65A .\nThe chief executive may—\nif the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or\nif the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\nIf the chief executive decides to take action under subsection (3) , the chief executive must immediately—\ngive an information notice about the decision to the key person licensee; and\nif the chief executive believes the licensee is an employee or a key operator of a primary licensee—give written notice of the suspension or cancellation to the primary licensee.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the key person licensee;\nthe day of effect stated in the information notice.\nIf the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect.\nMaximum penalty for subsection (6) —40 penalty units.\ns 63 sub 2004 No. 21 s 90\namd 2007 No. 22 s 3 sch 1\n(sec.63-ssec.1) This section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes suspension or cancellation of the licence is warranted.\n(sec.63-ssec.2) This section also applies if a key person licensee contravenes a direction given to the licensee under section 65A .\n(sec.63-ssec.3) The chief executive may— if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n(sec.63-ssec.4) If the chief executive decides to take action under subsection (3) , the chief executive must immediately— give an information notice about the decision to the key person licensee; and if the chief executive believes the licensee is an employee or a key operator of a primary licensee—give written notice of the suspension or cancellation to the primary licensee.\n(sec.63-ssec.5) The decision takes effect on the later of the following— the day the information notice is given to the key person licensee; the day of effect stated in the information notice.\n(sec.63-ssec.6) If the chief executive cancels the licence, the key person licensee must give the licence to the chief executive within 14 days after the cancellation takes effect. Maximum penalty for subsection (6) —40 penalty units.\n- (a) there are no accepted representations for a show cause notice; or\n- (b) after considering the accepted representations for a show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel a key person licence; and (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel a key person licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel a key person licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (a) if the proposed action was to suspend the licence—suspend the licence for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n- (a) give an information notice about the decision to the key person licensee; and\n- (b) if the chief executive believes the licensee is an employee or a key operator of a primary licensee—give written notice of the suspension or cancellation to the primary licensee.\n- (a) the day the information notice is given to the key person licensee;\n- (b) the day of effect stated in the information notice.","sortOrder":98},{"sectionNumber":"sec.64","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.64 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.\nThe chief executive—\nmust not take any further action about the show cause notice; and\nmust give each of the following a written notice stating that no further action is to be taken—\nthe key person licensee;\na primary licensee to whom a copy of the show cause notice was given under section 60 (5) .\ns 64 amd 2002 No. 43 s 97\nsub 2004 No. 21 s 90\namd 2007 No. 22 s 3 sch 1\n(sec.64-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel a key person licence.\n(sec.64-ssec.2) The chief executive— must not take any further action about the show cause notice; and must give each of the following a written notice stating that no further action is to be taken— the key person licensee; a primary licensee to whom a copy of the show cause notice was given under section 60 (5) .\n- (a) must not take any further action about the show cause notice; and\n- (b) must give each of the following a written notice stating that no further action is to be taken— (i) the key person licensee; (ii) a primary licensee to whom a copy of the show cause notice was given under section 60 (5) .\n- (i) the key person licensee;\n- (ii) a primary licensee to whom a copy of the show cause notice was given under section 60 (5) .\n- (i) the key person licensee;\n- (ii) a primary licensee to whom a copy of the show cause notice was given under section 60 (5) .","sortOrder":99},{"sectionNumber":"sec.65","sectionType":"section","heading":"Censuring key person licensee","content":"### sec.65 Censuring key person licensee\n\nThe chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive—\nbelieves a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or\nafter considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.\nThe censure can be effected only by the chief executive giving the key person licensee an information notice about the decision to censure the licensee.\nIf the chief executive believes the key person licensee is an employee or a key operator of a primary licensee, the chief executive must immediately give written notice of the censure to the primary licensee.\ns 65 sub 2004 No. 21 s 90\namd 2007 No. 22 s 3 sch 1\n(sec.65-ssec.1) The chief executive may censure a key person licensee for a matter relating to a ground for suspension or cancellation if the chief executive— believes a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.\n(sec.65-ssec.2) The censure can be effected only by the chief executive giving the key person licensee an information notice about the decision to censure the licensee.\n(sec.65-ssec.3) If the chief executive believes the key person licensee is an employee or a key operator of a primary licensee, the chief executive must immediately give written notice of the censure to the primary licensee.\n- (a) believes a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe that giving a show cause notice to the licensee is warranted; or\n- (b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the key person licensee’s key person licence but does not believe suspension or cancellation of the licence is warranted.","sortOrder":100},{"sectionNumber":"sec.65A","sectionType":"section","heading":"Direction to rectify matter after show cause process","content":"### sec.65A Direction to rectify matter after show cause process\n\nThis section applies if, after considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel a key person licence; and\nbelieves a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.\nThe chief executive may direct the key person licensee to rectify the matter.\nIf the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice about the decision.\nThe information notice must state the period for rectifying the matter.\nThe period must be reasonable, having regard to the nature of the matter to be rectified.\nIf the chief executive gave a copy of the show cause notice to a primary licensee under section 60 (5) , the chief executive must give written notice of the direction to the primary licensee immediately after giving the information notice to the key person licensee.\ns 65A ins 2004 No. 21 s 90\namd 2007 No. 22 s 3 sch 1\n(sec.65A-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel a key person licence; and believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.\n(sec.65A-ssec.2) The chief executive may direct the key person licensee to rectify the matter.\n(sec.65A-ssec.3) If the chief executive decides to give a key person licensee a direction under this section, the direction can be effected only by the chief executive giving the licensee an information notice about the decision.\n(sec.65A-ssec.4) The information notice must state the period for rectifying the matter.\n(sec.65A-ssec.5) The period must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.65A-ssec.6) If the chief executive gave a copy of the show cause notice to a primary licensee under section 60 (5) , the chief executive must give written notice of the direction to the primary licensee immediately after giving the information notice to the key person licensee.\n- (a) still believes a ground exists to suspend or cancel a key person licence; and\n- (b) believes a matter relating to the ground for suspension or cancellation is capable of being rectified and it is appropriate to give the key person licensee an opportunity to rectify the matter.","sortOrder":101},{"sectionNumber":"sec.65B","sectionType":"section","heading":"Cancellation or reduction of period of suspension","content":"### sec.65B Cancellation or reduction of period of suspension\n\nIf the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force—\ncancel the period; or\nreduce the period by a stated period.\nThe chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.\nThe chief executive must immediately give written notice of the decision to—\nthe key person licensee; and\nif the chief executive believed the key person licensee was an employee or a key operator of a primary licensee when the key person licence was suspended—the primary licensee.\nSubsection (1) does not apply to an immediate suspension.\ns 65B ins 2004 No. 21 s 90\namd 2007 No. 22 s 3 sch 1\n(sec.65B-ssec.1) If the chief executive suspends a key person licence, the chief executive may, for any remaining period of suspension and at any time the suspension is in force— cancel the period; or reduce the period by a stated period.\n(sec.65B-ssec.2) The chief executive may cancel or reduce the period only if the chief executive considers it is appropriate to take the action.\n(sec.65B-ssec.3) The chief executive must immediately give written notice of the decision to— the key person licensee; and if the chief executive believed the key person licensee was an employee or a key operator of a primary licensee when the key person licence was suspended—the primary licensee.\n(sec.65B-ssec.4) Subsection (1) does not apply to an immediate suspension.\n- (a) cancel the period; or\n- (b) reduce the period by a stated period.\n- (a) the key person licensee; and\n- (b) if the chief executive believed the key person licensee was an employee or a key operator of a primary licensee when the key person licence was suspended—the primary licensee.","sortOrder":102},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Investigation of key person licensees","content":"## Investigation of key person licensees","sortOrder":103},{"sectionNumber":"sec.66","sectionType":"section","heading":"Audit program","content":"### sec.66 Audit program\n\nThe chief executive may approve an audit program for investigating key person licensees.\nThe chief executive is responsible for ensuring that investigations of key person licensees are conducted under an approved audit program in accordance with the program.\nA person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.\n(sec.66-ssec.1) The chief executive may approve an audit program for investigating key person licensees.\n(sec.66-ssec.2) The chief executive is responsible for ensuring that investigations of key person licensees are conducted under an approved audit program in accordance with the program.\n(sec.66-ssec.3) A person may be investigated under an audit program only if there has not been an investigation of the same person within the preceding 2 years.","sortOrder":104},{"sectionNumber":"sec.67","sectionType":"section","heading":"Investigations into suitability of key person licensees","content":"### sec.67 Investigations into suitability of key person licensees\n\nThe chief executive may investigate a key person licensee to help the chief executive decide whether the licensee is a suitable person to hold, or to continue to hold, a key person licence.\nHowever, the chief executive may investigate a key person licensee under this section only if—\nthe chief executive reasonably suspects the licensee is not, or is no longer, a suitable person to hold a key person licence; or\nthe investigation is made under an audit program for key person licensees approved by the chief executive.\n(sec.67-ssec.1) The chief executive may investigate a key person licensee to help the chief executive decide whether the licensee is a suitable person to hold, or to continue to hold, a key person licence.\n(sec.67-ssec.2) However, the chief executive may investigate a key person licensee under this section only if— the chief executive reasonably suspects the licensee is not, or is no longer, a suitable person to hold a key person licence; or the investigation is made under an audit program for key person licensees approved by the chief executive.\n- (a) the chief executive reasonably suspects the licensee is not, or is no longer, a suitable person to hold a key person licence; or\n- (b) the investigation is made under an audit program for key person licensees approved by the chief executive.","sortOrder":105},{"sectionNumber":"sec.68","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.68 Requirement to give information or document for investigation\n\nIn investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the key person licensee that it is an offence to fail to comply with the requirement, unless the licensee has a reasonable excuse.\nThe key person licensee must comply with the requirement, unless the licensee has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse if complying with the requirement might tend to incriminate the key person licensee.\nThe key person licensee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.\n(sec.68-ssec.1) In investigating a key person licensee, the chief executive may, by written notice given to the licensee, require the licensee to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.68-ssec.2) When making the requirement, the chief executive must warn the key person licensee that it is an offence to fail to comply with the requirement, unless the licensee has a reasonable excuse.\n(sec.68-ssec.3) The key person licensee must comply with the requirement, unless the licensee has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.68-ssec.4) It is a reasonable excuse if complying with the requirement might tend to incriminate the key person licensee.\n(sec.68-ssec.5) The key person licensee does not commit an offence against this section if the information or material sought by the chief executive is not in fact relevant to the investigation.","sortOrder":106},{"sectionNumber":"sec.69","sectionType":"section","heading":"Reports about criminal history","content":"### sec.69 Reports about criminal history\n\nIf the chief executive, in making an investigation under section 50 or 67 into the suitability of a person to hold, or to continue to hold, a key person licence, asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.69-ssec.1) If the chief executive, in making an investigation under section 50 or 67 into the suitability of a person to hold, or to continue to hold, a key person licence, asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.69-ssec.2) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":107},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Requirements about employment","content":"## Requirements about employment","sortOrder":108},{"sectionNumber":"sec.70","sectionType":"section","heading":"Notice of start of licensed employee’s employment","content":"### sec.70 Notice of start of licensed employee’s employment\n\nWithin 7 days after a licensed employee starts employment with a primary licensee, the primary licensee must notify the chief executive of the start of the employment by notice in the approved form.\nMaximum penalty—40 penalty units.\ns 70 amd 2007 No. 22 s 3 sch 1","sortOrder":109},{"sectionNumber":"sec.71","sectionType":"section","heading":"Returns about employees","content":"### sec.71 Returns about employees\n\nThe chief executive may, by written notice given to a primary licensee, require the licensee to give a return under this section.\nThe notice must state the time (not less than 14 days after the notice is given) for giving the return.\nA notice must not be given under this section within 1 month after the giving of a previous notice.\nIf a primary licensee is given a notice under subsection (1) , the licensee must give a return as required by this section listing the licensed and unlicensed employees currently employed by the licensee and the nature of the duties in which each of them is engaged.\nMaximum penalty—40 penalty units.\nThe return must—\nbe in the approved form; and\nbe given to the chief executive within the time stated in the notice.\ns 71 amd 2007 No. 22 s 3 sch 1\n(sec.71-ssec.1) The chief executive may, by written notice given to a primary licensee, require the licensee to give a return under this section.\n(sec.71-ssec.2) The notice must state the time (not less than 14 days after the notice is given) for giving the return.\n(sec.71-ssec.3) A notice must not be given under this section within 1 month after the giving of a previous notice.\n(sec.71-ssec.4) If a primary licensee is given a notice under subsection (1) , the licensee must give a return as required by this section listing the licensed and unlicensed employees currently employed by the licensee and the nature of the duties in which each of them is engaged. Maximum penalty—40 penalty units.\n(sec.71-ssec.5) The return must— be in the approved form; and be given to the chief executive within the time stated in the notice.\n- (a) be in the approved form; and\n- (b) be given to the chief executive within the time stated in the notice.","sortOrder":110},{"sectionNumber":"sec.72","sectionType":"section","heading":"Notice of end of licensed employee’s employment","content":"### sec.72 Notice of end of licensed employee’s employment\n\nThis section applies if—\na primary licensee ends the employment of a licensed employee; or\na licensed employee ends the employee’s employment with a primary licensee; or\na licensed employee otherwise ceases to be employed by a primary licensee.\nWithin 7 days after a licensed employee’s employment with a primary licensee ends, the primary licensee must notify the chief executive of the end of the employment by notice in the approved form.\nMaximum penalty—40 penalty units.\ns 72 amd 2007 No. 22 s 3 sch 1\n(sec.72-ssec.1) This section applies if— a primary licensee ends the employment of a licensed employee; or a licensed employee ends the employee’s employment with a primary licensee; or a licensed employee otherwise ceases to be employed by a primary licensee.\n(sec.72-ssec.2) Within 7 days after a licensed employee’s employment with a primary licensee ends, the primary licensee must notify the chief executive of the end of the employment by notice in the approved form. Maximum penalty—40 penalty units.\n- (a) a primary licensee ends the employment of a licensed employee; or\n- (b) a licensed employee ends the employee’s employment with a primary licensee; or\n- (c) a licensed employee otherwise ceases to be employed by a primary licensee.","sortOrder":111},{"sectionNumber":"sec.73","sectionType":"section","heading":"Requirement to end licensed employee’s employment","content":"### sec.73 Requirement to end licensed employee’s employment\n\nThis section applies if—\na key person licence held by a licensed employee of a primary licensee is cancelled or suspended; or\na licensed employee of a primary licensee ceases to hold a key person licence for some other reason.\nThe chief executive may, by written notice given to the primary licensee, require the licensee to terminate the employee’s employment as a key employee within the time stated in the notice.\nThe primary licensee must comply with the requirement.\nThis section applies to a primary licensee despite another Act or law or any industrial award or agreement.\nA primary licensee does not incur any liability by complying with a requirement of the chief executive under this section.\ns 73 amd 2007 No. 22 s 3 sch 1\n(sec.73-ssec.1) This section applies if— a key person licence held by a licensed employee of a primary licensee is cancelled or suspended; or a licensed employee of a primary licensee ceases to hold a key person licence for some other reason.\n(sec.73-ssec.2) The chief executive may, by written notice given to the primary licensee, require the licensee to terminate the employee’s employment as a key employee within the time stated in the notice.\n(sec.73-ssec.3) The primary licensee must comply with the requirement.\n(sec.73-ssec.4) This section applies to a primary licensee despite another Act or law or any industrial award or agreement.\n(sec.73-ssec.5) A primary licensee does not incur any liability by complying with a requirement of the chief executive under this section.\n- (a) a key person licence held by a licensed employee of a primary licensee is cancelled or suspended; or\n- (b) a licensed employee of a primary licensee ceases to hold a key person licence for some other reason.","sortOrder":112},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Requirements about association with key operators","content":"## Requirements about association with key operators","sortOrder":113},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice to end key operator’s role","content":"### sec.74 Notice to end key operator’s role\n\nThis section applies if a person who holds a key person licence as a key operator stops being a key operator for a primary licensee.\nWithin 7 days after the person stops being a key operator for the primary licensee, the primary licensee must notify the chief executive of that fact by notice in the approved form.\nMaximum penalty—40 penalty units.\ns 74 amd 2007 No. 22 s 3 sch 1\n(sec.74-ssec.1) This section applies if a person who holds a key person licence as a key operator stops being a key operator for a primary licensee.\n(sec.74-ssec.2) Within 7 days after the person stops being a key operator for the primary licensee, the primary licensee must notify the chief executive of that fact by notice in the approved form. Maximum penalty—40 penalty units.","sortOrder":114},{"sectionNumber":"sec.75","sectionType":"section","heading":"Requirement to end key operator’s role","content":"### sec.75 Requirement to end key operator’s role\n\nThis section applies if—\na key person licence held by a key operator for a primary licensee is cancelled or suspended; or\na key operator for a primary licensee ceases to hold a key person licence for some other reason.\nThe chief executive may, by written notice given to the primary licensee, require the primary licensee to take any action reasonably necessary to ensure that the person ceases to be a key operator for the licensee within the time stated in the notice.\nThe primary licensee must comply with the notice.\nThis section applies to a primary licensee despite any other Act or law.\nA primary licensee does not incur any liability because the licensee complies with a notice under this section.\ns 75 amd 2007 No. 22 s 3 sch 1\n(sec.75-ssec.1) This section applies if— a key person licence held by a key operator for a primary licensee is cancelled or suspended; or a key operator for a primary licensee ceases to hold a key person licence for some other reason.\n(sec.75-ssec.2) The chief executive may, by written notice given to the primary licensee, require the primary licensee to take any action reasonably necessary to ensure that the person ceases to be a key operator for the licensee within the time stated in the notice.\n(sec.75-ssec.3) The primary licensee must comply with the notice.\n(sec.75-ssec.4) This section applies to a primary licensee despite any other Act or law.\n(sec.75-ssec.5) A primary licensee does not incur any liability because the licensee complies with a notice under this section.\n- (a) a key person licence held by a key operator for a primary licensee is cancelled or suspended; or\n- (b) a key operator for a primary licensee ceases to hold a key person licence for some other reason.","sortOrder":115},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"General","content":"## General","sortOrder":116},{"sectionNumber":"sec.76","sectionType":"section","heading":"False statements by applicants","content":"### sec.76 False statements by applicants\n\nA person must not, for an application made under this part, state anything the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.","sortOrder":117},{"sectionNumber":"sec.77","sectionType":"section","heading":"Destruction of fingerprints","content":"### sec.77 Destruction of fingerprints\n\nThis section applies if—\nan application for a key person licence is refused; or\na key person licence is surrendered; or\na key person licence lapses; or\na key person licence is cancelled.\nThe chief executive must cause any fingerprints of the applicant or former key person licensee taken for the application for the key person licence to be destroyed as soon as practicable.\n(sec.77-ssec.1) This section applies if— an application for a key person licence is refused; or a key person licence is surrendered; or a key person licence lapses; or a key person licence is cancelled.\n(sec.77-ssec.2) The chief executive must cause any fingerprints of the applicant or former key person licensee taken for the application for the key person licence to be destroyed as soon as practicable.\n- (a) an application for a key person licence is refused; or\n- (b) a key person licence is surrendered; or\n- (c) a key person licence lapses; or\n- (d) a key person licence is cancelled.","sortOrder":118},{"sectionNumber":"pt.4","sectionType":"part","heading":"Lottery agents","content":"# Lottery agents","sortOrder":119},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Agency agreements","content":"## Agency agreements","sortOrder":120},{"sectionNumber":"sec.78","sectionType":"section","heading":"Meaning of agency agreements","content":"### sec.78 Meaning of agency agreements\n\nAn agency agreement is an agreement between a lottery operator and another person—\nappointing the other person as an agent (a lottery agent ) for 1 or more of the following purposes—\nselling lottery tickets;\npaying prizes;\npromoting lotteries conducted by the lottery operator;\nanother purpose relating to the conduct of lotteries by the lottery operator; and\ndealing with the lottery agent’s authority; and\nstating the conditions under which the lottery agent acts as, and remains, an agent of the lottery operator; and\nstating other matters agreed between the lottery agent and the lottery operator.\ns 78 amd 2007 No. 22 s 3 sch 1\n- (a) appointing the other person as an agent (a lottery agent ) for 1 or more of the following purposes— (i) selling lottery tickets; (ii) paying prizes; (iii) promoting lotteries conducted by the lottery operator; (iv) another purpose relating to the conduct of lotteries by the lottery operator; and\n- (i) selling lottery tickets;\n- (ii) paying prizes;\n- (iii) promoting lotteries conducted by the lottery operator;\n- (iv) another purpose relating to the conduct of lotteries by the lottery operator; and\n- (b) dealing with the lottery agent’s authority; and\n- (c) stating the conditions under which the lottery agent acts as, and remains, an agent of the lottery operator; and\n- (d) stating other matters agreed between the lottery agent and the lottery operator.\n- (i) selling lottery tickets;\n- (ii) paying prizes;\n- (iii) promoting lotteries conducted by the lottery operator;\n- (iv) another purpose relating to the conduct of lotteries by the lottery operator; and","sortOrder":121},{"sectionNumber":"sec.79","sectionType":"section","heading":"Conditions for entering into agency agreement","content":"### sec.79 Conditions for entering into agency agreement\n\nA lottery operator may enter into an agency agreement with a person only if—\nit is entered into in relation to a small business owned and controlled by the person; and\nthe person is prescribed under a regulation as a person eligible to be a lottery agent.\nSubsection (1) (a) does not apply if the business in relation to which the agency agreement is to be entered into is—\na business in relation to which a previous agency agreement applied; or\na mail order business.\nA lottery operator may enter into an agency agreement only if the agreement—\nstates the lottery agent’s place of operation; and\nincludes any other provisions required by the chief executive.\nThe chief executive may, by written notice given to a lottery operator and lottery agent, require them to amend their agency agreement in a stated way.\nA notice under subsection (4) must state—\nthe amendment required; and\nthe reason for the amendment; and\nthe time, not less than 30 days after the notice is given to both parties to the agreement, within which they must comply with the notice; and\nthat the lottery operator or lottery agent may apply, as provided under the QCAT Act , to the tribunal for a review of the decision to require the amendment.\nThe chief executive must not require the inclusion of a provision in an agency agreement, or an amendment of an agency agreement, unless the chief executive believes on reasonable grounds that the inclusion of the provision or the amendment is reasonably necessary to ensure—\nthe integrity of the conduct of lotteries by the lottery operator is not jeopardised in a material way; or\nthe public interest is not affected in an adverse and material way.\nIn this section—\nmail order business means a business intended to be operated by a person for selling tickets (whether by mail or otherwise) to persons outside Queensland.\nprevious agency agreement means an agency agreement that is, under section 243 (1) , taken to be an agency agreement duly made in accordance with this Act.\nsmall business means a business undertaking—\nthat is wholly owned and controlled by an individual or individuals in partnership or by a proprietary company within the meaning of the Corporations Act ; and\nthat is managed by the owner or directors; and\nthat is not a subsidiary of, or does not form part of, a larger business or enterprise; and\nin which—\nno more than 50 persons are employed; or\nif more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000.\ns 79 amd 2001 No. 45 s 29 sch 3 ; 2002 No. 43 s 98 ; 2007 No. 22 ss 41 , 3 sch 1 ; 2009 No. 24 s 646\n(sec.79-ssec.1) A lottery operator may enter into an agency agreement with a person only if— it is entered into in relation to a small business owned and controlled by the person; and the person is prescribed under a regulation as a person eligible to be a lottery agent.\n(sec.79-ssec.2) Subsection (1) (a) does not apply if the business in relation to which the agency agreement is to be entered into is— a business in relation to which a previous agency agreement applied; or a mail order business.\n(sec.79-ssec.3) A lottery operator may enter into an agency agreement only if the agreement— states the lottery agent’s place of operation; and includes any other provisions required by the chief executive.\n(sec.79-ssec.4) The chief executive may, by written notice given to a lottery operator and lottery agent, require them to amend their agency agreement in a stated way.\n(sec.79-ssec.5) A notice under subsection (4) must state— the amendment required; and the reason for the amendment; and the time, not less than 30 days after the notice is given to both parties to the agreement, within which they must comply with the notice; and that the lottery operator or lottery agent may apply, as provided under the QCAT Act , to the tribunal for a review of the decision to require the amendment.\n(sec.79-ssec.6) The chief executive must not require the inclusion of a provision in an agency agreement, or an amendment of an agency agreement, unless the chief executive believes on reasonable grounds that the inclusion of the provision or the amendment is reasonably necessary to ensure— the integrity of the conduct of lotteries by the lottery operator is not jeopardised in a material way; or the public interest is not affected in an adverse and material way.\n(sec.79-ssec.7) In this section— mail order business means a business intended to be operated by a person for selling tickets (whether by mail or otherwise) to persons outside Queensland. previous agency agreement means an agency agreement that is, under section 243 (1) , taken to be an agency agreement duly made in accordance with this Act. small business means a business undertaking— that is wholly owned and controlled by an individual or individuals in partnership or by a proprietary company within the meaning of the Corporations Act ; and that is managed by the owner or directors; and that is not a subsidiary of, or does not form part of, a larger business or enterprise; and in which— no more than 50 persons are employed; or if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000.\n- (a) it is entered into in relation to a small business owned and controlled by the person; and\n- (b) the person is prescribed under a regulation as a person eligible to be a lottery agent.\n- (a) a business in relation to which a previous agency agreement applied; or\n- (b) a mail order business.\n- (a) states the lottery agent’s place of operation; and\n- (b) includes any other provisions required by the chief executive.\n- (a) the amendment required; and\n- (b) the reason for the amendment; and\n- (c) the time, not less than 30 days after the notice is given to both parties to the agreement, within which they must comply with the notice; and\n- (d) that the lottery operator or lottery agent may apply, as provided under the QCAT Act , to the tribunal for a review of the decision to require the amendment.\n- (a) the integrity of the conduct of lotteries by the lottery operator is not jeopardised in a material way; or\n- (b) the public interest is not affected in an adverse and material way.\n- (a) that is wholly owned and controlled by an individual or individuals in partnership or by a proprietary company within the meaning of the Corporations Act ; and\n- (b) that is managed by the owner or directors; and\n- (c) that is not a subsidiary of, or does not form part of, a larger business or enterprise; and\n- (d) in which— (i) no more than 50 persons are employed; or (ii) if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000.\n- (i) no more than 50 persons are employed; or\n- (ii) if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000.\n- (i) no more than 50 persons are employed; or\n- (ii) if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000.","sortOrder":122},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 om 2007 No. 22 s 42","sortOrder":123},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2007 No. 22 s 42","sortOrder":124},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 amd 2007 No. 22 ss 43 , 3 sch 1\nom 2014 No. 30 s 39","sortOrder":125},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Terminating agency agreements","content":"## Terminating agency agreements","sortOrder":126},{"sectionNumber":"sec.83","sectionType":"section","heading":"Grounds for termination","content":"### sec.83 Grounds for termination\n\nEach of the following is a ground for directing the termination of an agency agreement—\nthe lottery agent is not, or is no longer, a suitable person to be a lottery agent;\na business or executive associate of the lottery agent is not, or is no longer, a suitable person to be associated with a lottery agent’s operations;\nthe lottery agent has been convicted of an offence against this Act or a gaming Act;\nthe lottery agent has been convicted of an indictable offence;\nthe lottery agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).\nAlso, it is a ground for directing the termination of an agency agreement if the lottery agent is not, or is no longer, eligible to be a lottery agent for a lottery operator.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the following issues—\nthe lottery agent’s character or business reputation;\nthe lottery agent’s current financial position and financial background;\nthe lottery agent’s general suitability to act as an agent for a lottery operator.\nFor forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the business or executive associate’s character or business reputation, and current financial position and financial background.\ns 83 amd 2004 No. 21 s 123 sch ; 2007 No. 22 s 3 sch 1\n(sec.83-ssec.1) Each of the following is a ground for directing the termination of an agency agreement— the lottery agent is not, or is no longer, a suitable person to be a lottery agent; a business or executive associate of the lottery agent is not, or is no longer, a suitable person to be associated with a lottery agent’s operations; the lottery agent has been convicted of an offence against this Act or a gaming Act; the lottery agent has been convicted of an indictable offence; the lottery agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).\n(sec.83-ssec.2) Also, it is a ground for directing the termination of an agency agreement if the lottery agent is not, or is no longer, eligible to be a lottery agent for a lottery operator.\n(sec.83-ssec.3) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the following issues— the lottery agent’s character or business reputation; the lottery agent’s current financial position and financial background; the lottery agent’s general suitability to act as an agent for a lottery operator.\n(sec.83-ssec.4) For forming a belief that the ground mentioned in subsection (1) (b) exists, the chief executive may have regard to the business or executive associate’s character or business reputation, and current financial position and financial background.\n- (a) the lottery agent is not, or is no longer, a suitable person to be a lottery agent;\n- (b) a business or executive associate of the lottery agent is not, or is no longer, a suitable person to be associated with a lottery agent’s operations;\n- (c) the lottery agent has been convicted of an offence against this Act or a gaming Act;\n- (d) the lottery agent has been convicted of an indictable offence;\n- (e) the lottery agent has contravened a provision of this Act (being a provision a contravention of which does not constitute an offence against this Act).\n- (a) the lottery agent’s character or business reputation;\n- (b) the lottery agent’s current financial position and financial background;\n- (c) the lottery agent’s general suitability to act as an agent for a lottery operator.","sortOrder":127},{"sectionNumber":"sec.84","sectionType":"section","heading":"Show cause notice","content":"### sec.84 Show cause notice\n\nThis section applies if the chief executive believes—\na ground exists for directing the termination of an agency agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of lotteries by the lottery operator may be jeopardised; or\nthe public interest may be affected adversely.\nThe chief executive must give the lottery agent a written notice (a show cause notice ) that—\nstates the chief executive proposes to take action (the proposed action ) to direct the lottery operator to terminate the agency agreement; and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\ninvites the agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending not less than 21 days after the show cause notice is given to the lottery agent.\nThe chief executive must promptly give a copy of the show cause notice to the lottery operator.\nA lottery operator to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period.\nThe chief executive must consider all written representations (the accepted representations ) made during the show cause period by—\nthe lottery agent; or\na lottery operator to whom a copy of the show cause notice is given.\ns 84 amd 2007 No. 22 s 3 sch 1\n(sec.84-ssec.1) This section applies if the chief executive believes— a ground exists for directing the termination of an agency agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or the public interest may be affected adversely.\n(sec.84-ssec.2) The chief executive must give the lottery agent a written notice (a show cause notice ) that— states the chief executive proposes to take action (the proposed action ) to direct the lottery operator to terminate the agency agreement; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and invites the agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.84-ssec.3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the lottery agent.\n(sec.84-ssec.4) The chief executive must promptly give a copy of the show cause notice to the lottery operator.\n(sec.84-ssec.5) A lottery operator to whom a copy of the show cause notice is given may make representations about the notice to the chief executive in the show cause period.\n(sec.84-ssec.6) The chief executive must consider all written representations (the accepted representations ) made during the show cause period by— the lottery agent; or a lottery operator to whom a copy of the show cause notice is given.\n- (a) a ground exists for directing the termination of an agency agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (a) states the chief executive proposes to take action (the proposed action ) to direct the lottery operator to terminate the agency agreement; and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the grounds; and\n- (d) invites the agent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n- (a) the lottery agent; or\n- (b) a lottery operator to whom a copy of the show cause notice is given.","sortOrder":128},{"sectionNumber":"sec.85","sectionType":"section","heading":"Suspending lottery agent’s operations","content":"### sec.85 Suspending lottery agent’s operations\n\nThis section applies if the chief executive believes—\na ground exists to direct the termination of an agency agreement; and\nit is necessary to suspend the lottery agent’s operations—\nin the public interest; or\nto ensure the integrity of the conduct of lotteries by the lottery operator is not jeopardised.\nThe chief executive may suspend the lottery agent’s operations.\nThe suspension—\nmust be effected by written notice (a suspension notice ) given to the lottery agent with a show cause notice; and\noperates immediately the suspension notice is given; and\ncontinues to operate until the show cause notice is finally dealt with.\nThe suspension notice must state the reason for the decision to suspend the lottery agent’s operations.\nThe chief executive must promptly give a copy of the suspension notice to the lottery operator.\nA lottery agent must not carry on operations while the agent’s operations are suspended.\nMaximum penalty for subsection (6) —200 penalty units or 2 years imprisonment.\ns 85 amd 2007 No. 22 s 3 sch 1\n(sec.85-ssec.1) This section applies if the chief executive believes— a ground exists to direct the termination of an agency agreement; and it is necessary to suspend the lottery agent’s operations— in the public interest; or to ensure the integrity of the conduct of lotteries by the lottery operator is not jeopardised.\n(sec.85-ssec.2) The chief executive may suspend the lottery agent’s operations.\n(sec.85-ssec.3) The suspension— must be effected by written notice (a suspension notice ) given to the lottery agent with a show cause notice; and operates immediately the suspension notice is given; and continues to operate until the show cause notice is finally dealt with.\n(sec.85-ssec.4) The suspension notice must state the reason for the decision to suspend the lottery agent’s operations.\n(sec.85-ssec.5) The chief executive must promptly give a copy of the suspension notice to the lottery operator.\n(sec.85-ssec.6) A lottery agent must not carry on operations while the agent’s operations are suspended. Maximum penalty for subsection (6) —200 penalty units or 2 years imprisonment.\n- (a) a ground exists to direct the termination of an agency agreement; and\n- (b) it is necessary to suspend the lottery agent’s operations— (i) in the public interest; or (ii) to ensure the integrity of the conduct of lotteries by the lottery operator is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of lotteries by the lottery operator is not jeopardised.\n- (i) in the public interest; or\n- (ii) to ensure the integrity of the conduct of lotteries by the lottery operator is not jeopardised.\n- (a) must be effected by written notice (a suspension notice ) given to the lottery agent with a show cause notice; and\n- (b) operates immediately the suspension notice is given; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":129},{"sectionNumber":"sec.86","sectionType":"section","heading":"Censuring lottery agent","content":"### sec.86 Censuring lottery agent\n\nThis section applies if the chief executive—\nbelieves a ground exists to direct the termination of the agency agreement; but\ndoes not believe the giving of a show cause notice to the lottery agent is warranted.\nThis section also applies if, after considering the accepted representations for the show cause notice, the chief executive—\nstill believes a ground exists to direct the termination of the agency agreement; but\ndoes not believe termination of the agreement is warranted.\nThe chief executive may, by written notice given to the lottery agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.\nThe notice must state the reason for the decision to censure the lottery agent.\nThe chief executive must promptly give a copy of the notice to the lottery operator.\ns 86 amd 2007 No. 22 s 3 sch 1\n(sec.86-ssec.1) This section applies if the chief executive— believes a ground exists to direct the termination of the agency agreement; but does not believe the giving of a show cause notice to the lottery agent is warranted.\n(sec.86-ssec.2) This section also applies if, after considering the accepted representations for the show cause notice, the chief executive— still believes a ground exists to direct the termination of the agency agreement; but does not believe termination of the agreement is warranted.\n(sec.86-ssec.3) The chief executive may, by written notice given to the lottery agent, censure the agent for a matter relating to the ground for directing the termination of the agreement.\n(sec.86-ssec.4) The notice must state the reason for the decision to censure the lottery agent.\n(sec.86-ssec.5) The chief executive must promptly give a copy of the notice to the lottery operator.\n- (a) believes a ground exists to direct the termination of the agency agreement; but\n- (b) does not believe the giving of a show cause notice to the lottery agent is warranted.\n- (a) still believes a ground exists to direct the termination of the agency agreement; but\n- (b) does not believe termination of the agreement is warranted.","sortOrder":130},{"sectionNumber":"sec.87","sectionType":"section","heading":"Direction to rectify","content":"### sec.87 Direction to rectify\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive—\nstill believes a ground exists to direct the termination of the agency agreement; but\nconsiders a matter relating to the ground is capable of being rectified and that it is appropriate to give the lottery agent an opportunity to rectify the matter.\nThe chief executive may, by written notice given to the lottery agent, direct the agent to rectify the matter within the period stated in the notice.\nThe notice must state the reason for the decision to give the direction.\nThe period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\nThe chief executive must promptly give a copy of the notice to the lottery operator.\ns 87 amd 2007 No. 22 s 3 sch 1\n(sec.87-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive— still believes a ground exists to direct the termination of the agency agreement; but considers a matter relating to the ground is capable of being rectified and that it is appropriate to give the lottery agent an opportunity to rectify the matter.\n(sec.87-ssec.2) The chief executive may, by written notice given to the lottery agent, direct the agent to rectify the matter within the period stated in the notice.\n(sec.87-ssec.3) The notice must state the reason for the decision to give the direction.\n(sec.87-ssec.4) The period stated in the notice must be reasonable, having regard to the nature of the matter to be rectified.\n(sec.87-ssec.5) The chief executive must promptly give a copy of the notice to the lottery operator.\n- (a) still believes a ground exists to direct the termination of the agency agreement; but\n- (b) considers a matter relating to the ground is capable of being rectified and that it is appropriate to give the lottery agent an opportunity to rectify the matter.","sortOrder":131},{"sectionNumber":"sec.88","sectionType":"section","heading":"Directions to terminate affecting lottery agents","content":"### sec.88 Directions to terminate affecting lottery agents\n\nThis section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes—\na ground exists to direct the termination of the agency agreement; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\neither—\nthe integrity of the conduct of lotteries by the lottery operator may be jeopardised; or\nthe public interest may be affected adversely.\nThis section also applies if the lottery agent fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\nThe chief executive may, by written notice given to the lottery operator, direct the lottery operator to terminate the agreement within the time stated in the notice.\nIf the chief executive decides to give a direction under this section, the chief executive must promptly give written notice of the decision to the lottery agent affected by the decision.\nA notice under subsection (3) or (4) must comply with the QCAT Act , section 157 (2) .\ns 88 amd 1999 No. 77 s 210 sch 2 ; 2007 No. 22 s 3 sch 1 ; 2009 No. 24 s 647\n(sec.88-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive still believes— a ground exists to direct the termination of the agency agreement; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and either— the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or the public interest may be affected adversely.\n(sec.88-ssec.2) This section also applies if the lottery agent fails to comply with a direction to rectify a matter within the period stated in the relevant notice.\n(sec.88-ssec.3) The chief executive may, by written notice given to the lottery operator, direct the lottery operator to terminate the agreement within the time stated in the notice.\n(sec.88-ssec.4) If the chief executive decides to give a direction under this section, the chief executive must promptly give written notice of the decision to the lottery agent affected by the decision.\n(sec.88-ssec.5) A notice under subsection (3) or (4) must comply with the QCAT Act , section 157 (2) .\n- (a) a ground exists to direct the termination of the agency agreement; and\n- (b) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (c) either— (i) the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or\n- (ii) the public interest may be affected adversely.\n- (i) the integrity of the conduct of lotteries by the lottery operator may be jeopardised; or\n- (ii) the public interest may be affected adversely.","sortOrder":132},{"sectionNumber":"sec.89","sectionType":"section","heading":"Termination of agreement","content":"### sec.89 Termination of agreement\n\nIf the chief executive directs a lottery operator to terminate an agency agreement, the lottery operator must terminate the agreement within the time stated in the notice giving the direction.\nIf the lottery operator does not terminate the agency agreement as required by subsection (1) , the agreement is terminated by this Act.\nThe State does not incur any liability if an agency agreement is terminated by a lottery operator under subsection (1) or by this Act.\nA lottery operator does not incur any liability because the lottery operator terminates an agency agreement under subsection (1) .\ns 89 amd 2007 No. 22 s 3 sch 1 ; 2014 No. 30 s 40\n(sec.89-ssec.1) If the chief executive directs a lottery operator to terminate an agency agreement, the lottery operator must terminate the agreement within the time stated in the notice giving the direction.\n(sec.89-ssec.2) If the lottery operator does not terminate the agency agreement as required by subsection (1) , the agreement is terminated by this Act.\n(sec.89-ssec.3) The State does not incur any liability if an agency agreement is terminated by a lottery operator under subsection (1) or by this Act.\n(sec.89-ssec.4) A lottery operator does not incur any liability because the lottery operator terminates an agency agreement under subsection (1) .","sortOrder":133},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 amd 2007 No. 22 s 3 sch 1\nom 2014 No. 30 s 41","sortOrder":134},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Investigations into suitability","content":"## Investigations into suitability","sortOrder":135},{"sectionNumber":"sec.91","sectionType":"section","heading":"Investigations","content":"### sec.91 Investigations\n\nThe chief executive may investigate a lottery agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be a lottery agent.\nThe chief executive may investigate a business or executive associate of a lottery agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be associated with a lottery agent’s operations.\nHowever, the chief executive may investigate a lottery agent, or a business or executive associate of a lottery agent, only if the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be a lottery agent, or to be associated with a lottery agent’s operations.\n(sec.91-ssec.1) The chief executive may investigate a lottery agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be a lottery agent.\n(sec.91-ssec.2) The chief executive may investigate a business or executive associate of a lottery agent to help the chief executive decide whether the person is, or continues to be, a suitable person to be associated with a lottery agent’s operations.\n(sec.91-ssec.3) However, the chief executive may investigate a lottery agent, or a business or executive associate of a lottery agent, only if the chief executive reasonably suspects the person is not, or is no longer, a suitable person to be a lottery agent, or to be associated with a lottery agent’s operations.","sortOrder":136},{"sectionNumber":"sec.92","sectionType":"section","heading":"Requirement to give information or material for investigation","content":"### sec.92 Requirement to give information or material for investigation\n\nIn investigating a lottery agent or business or executive associate of a lottery agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\nWhen making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIt is a reasonable excuse if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.\n(sec.92-ssec.1) In investigating a lottery agent or business or executive associate of a lottery agent, the chief executive may, by written notice given to the person, require the person to give the chief executive information or a document the chief executive considers relevant to the investigation.\n(sec.92-ssec.2) When making the requirement, the chief executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.92-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.92-ssec.4) It is a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.92-ssec.5) The person does not commit an offence against this section if the information or document sought by the chief executive is not in fact relevant to the investigation.","sortOrder":137},{"sectionNumber":"sec.93","sectionType":"section","heading":"Reports about person’s criminal history","content":"### sec.93 Reports about person’s criminal history\n\nIf the chief executive, in making an investigation under this division about a person, asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.93-ssec.1) If the chief executive, in making an investigation under this division about a person, asks the commissioner of the police service for a written report about the person’s criminal history, the commissioner must give the report to the chief executive.\n(sec.93-ssec.2) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":138},{"sectionNumber":"pt.5","sectionType":"part","heading":"Lottery tax and licence fee","content":"# Lottery tax and licence fee","sortOrder":139},{"sectionNumber":"sec.94","sectionType":"section","heading":"Liability to tax","content":"### sec.94 Liability to tax\n\nA lottery operator must pay a tax (a lottery tax ) to the chief executive.\nThe lottery tax is to be calculated and paid in accordance with a regulation.\ns 94 amd 2007 No. 22 s 3 sch 1\n(sec.94-ssec.1) A lottery operator must pay a tax (a lottery tax ) to the chief executive.\n(sec.94-ssec.2) The lottery tax is to be calculated and paid in accordance with a regulation.","sortOrder":140},{"sectionNumber":"sec.95","sectionType":"section","heading":"Liability to licence fees","content":"### sec.95 Liability to licence fees\n\nA primary licensee must give consideration (the licence fees ) for the primary licence.\nThe licence fees are to be calculated and paid or satisfied in accordance with the conditions of the primary licence.\ns 95 amd 2007 No. 22 s 3 sch 1\n(sec.95-ssec.1) A primary licensee must give consideration (the licence fees ) for the primary licence.\n(sec.95-ssec.2) The licence fees are to be calculated and paid or satisfied in accordance with the conditions of the primary licence.","sortOrder":141},{"sectionNumber":"sec.96","sectionType":"section","heading":"Returns for calculation of lottery tax","content":"### sec.96 Returns for calculation of lottery tax\n\nA lottery operator must give the chief executive returns as required under a regulation giving the details required under the regulation for the calculation of lottery tax.\nA return must be in the approved form.\ns 96 amd 2007 No. 22 s 3 sch 1\n(sec.96-ssec.1) A lottery operator must give the chief executive returns as required under a regulation giving the details required under the regulation for the calculation of lottery tax.\n(sec.96-ssec.2) A return must be in the approved form.","sortOrder":142},{"sectionNumber":"sec.97","sectionType":"section","heading":"Penalty for late payment","content":"### sec.97 Penalty for late payment\n\nA primary licensee must pay to the chief executive a penalty on an amount or value of lottery tax or licence fee outstanding (the unpaid amount ) as at the end of the period allowed for payment.\nThe penalty is the percentage prescribed under a regulation of the unpaid amount.\nAn additional penalty is payable by the primary licensee to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid—\n1 month after the end of the period allowed for payment of the unpaid amount; and\nat the end of each succeeding month starting—\non the day of the month corresponding to the day mentioned in paragraph (a) ; or\nif there is no corresponding day—on the first day of the following month.\nThe additional penalty is the percentage prescribed under a regulation of each unpaid or other amount for which the penalty is payable.\nA penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.\ns 97 amd 2007 No. 22 s 3 sch 1\n(sec.97-ssec.1) A primary licensee must pay to the chief executive a penalty on an amount or value of lottery tax or licence fee outstanding (the unpaid amount ) as at the end of the period allowed for payment.\n(sec.97-ssec.2) The penalty is the percentage prescribed under a regulation of the unpaid amount.\n(sec.97-ssec.3) An additional penalty is payable by the primary licensee to the chief executive for any part of the unpaid amount, and any previous penalty, remaining unpaid— 1 month after the end of the period allowed for payment of the unpaid amount; and at the end of each succeeding month starting— on the day of the month corresponding to the day mentioned in paragraph (a) ; or if there is no corresponding day—on the first day of the following month.\n(sec.97-ssec.4) The additional penalty is the percentage prescribed under a regulation of each unpaid or other amount for which the penalty is payable.\n(sec.97-ssec.5) A penalty, or a part of a penalty, is not payable if the chief executive, for a reason the chief executive considers appropriate, decides the penalty, or the part of the penalty, need not be paid.\n- (a) 1 month after the end of the period allowed for payment of the unpaid amount; and\n- (b) at the end of each succeeding month starting— (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or (ii) if there is no corresponding day—on the first day of the following month.\n- (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or\n- (ii) if there is no corresponding day—on the first day of the following month.\n- (i) on the day of the month corresponding to the day mentioned in paragraph (a) ; or\n- (ii) if there is no corresponding day—on the first day of the following month.","sortOrder":143},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Liability of lottery operator’s holding companies for unpaid tax, fee or penalty","content":"### sec.97A Liability of lottery operator’s holding companies for unpaid tax, fee or penalty\n\nThis section applies to any of the following amounts payable by a lottery operator that is a corporation—\nlottery tax or a licence fee that remains unpaid by the lottery operator at the end of the period allowed for its payment;\na penalty payable by the lottery operator under section 97 .\nThe lottery operator and each holding company of the lottery operator are jointly and severally liable for payment of the amount.\nIn this section—\nholding company see the Corporations Act , section 9 .\ns 97A ins 2007 No. 22 s 44\n(sec.97A-ssec.1) This section applies to any of the following amounts payable by a lottery operator that is a corporation— lottery tax or a licence fee that remains unpaid by the lottery operator at the end of the period allowed for its payment; a penalty payable by the lottery operator under section 97 .\n(sec.97A-ssec.2) The lottery operator and each holding company of the lottery operator are jointly and severally liable for payment of the amount.\n(sec.97A-ssec.3) In this section— holding company see the Corporations Act , section 9 .\n- (a) lottery tax or a licence fee that remains unpaid by the lottery operator at the end of the period allowed for its payment;\n- (b) a penalty payable by the lottery operator under section 97 .","sortOrder":144},{"sectionNumber":"sec.98","sectionType":"section","heading":"Recovery of amounts","content":"### sec.98 Recovery of amounts\n\nAn amount of lottery tax, licence fee or penalty payable under this part is a debt payable to the State and may be recovered by action in a court of competent jurisdiction.","sortOrder":145},{"sectionNumber":"sec.99","sectionType":"section","heading":"Revenue offences","content":"### sec.99 Revenue offences\n\nA primary licensee must not—\nevade the payment of an amount payable by the licensee as lottery tax or licence fee; or\ngive the chief executive a return containing information the licensee knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 212 , to have also committed the offence.\nSubsection (1) (b) does not apply to a primary licensee if the licensee, when giving the return—\ninforms the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and\nif the licensee has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state that the return was false, misleading or incomplete to the defendant’s knowledge.\ns 99 amd 2007 No. 22 s 3 sch 1 ; 2013 No. 51 s 229 sch 1\n(sec.99-ssec.1) A primary licensee must not— evade the payment of an amount payable by the licensee as lottery tax or licence fee; or give the chief executive a return containing information the licensee knows to be false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units or 2 years imprisonment. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 212 , to have also committed the offence.\n(sec.99-ssec.2) Subsection (1) (b) does not apply to a primary licensee if the licensee, when giving the return— informs the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and if the licensee has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.99-ssec.3) It is enough for a complaint for an offence against subsection (1) to state that the return was false, misleading or incomplete to the defendant’s knowledge.\n- (a) evade the payment of an amount payable by the licensee as lottery tax or licence fee; or\n- (b) give the chief executive a return containing information the licensee knows to be false, misleading or incomplete in a material particular.\n- (a) informs the chief executive in writing, to the best of the licensee’s ability, how the return is false, misleading or incomplete; and\n- (b) if the licensee has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":146},{"sectionNumber":"sec.99A","sectionType":"section","heading":null,"content":"### Section sec.99A\n\ns 99A prev s 99A ins 2000 No. 51 s 96\namd 2009 No. 9 s 136 sch 1\nom 2013 No. 25 s 164\npres s 99A ins 2020 No. 16 s 35\namd 2020 No. 38 s 37 (1)\nexp 30 April 2022 (see s 99A(2))","sortOrder":147},{"sectionNumber":"pt.6","sectionType":"part","heading":"Compliance requirements","content":"# Compliance requirements","sortOrder":148},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Control systems","content":"## Control systems","sortOrder":149},{"sectionNumber":"sec.100","sectionType":"section","heading":"Lottery to be conducted under control system","content":"### sec.100 Lottery to be conducted under control system\n\nA lottery operator must not conduct a lottery under the lottery operator’s licence unless the lottery operator has a control system that complies with section 101 for conducting the lottery.\nMaximum penalty—200 penalty units.\nThe lottery operator must not contravene its control system in the conduct of the lottery.\nMaximum penalty—200 penalty units.\nA lottery operator must, on request by an inspector, make its control system available for inspection by the inspector.\nMaximum penalty—200 penalty units.\ns 100 sub 2002 No. 43 s 99\namd 2007 No. 22 s 3 sch 1 ; 2013 No. 25 s 165\n(sec.100-ssec.1) A lottery operator must not conduct a lottery under the lottery operator’s licence unless the lottery operator has a control system that complies with section 101 for conducting the lottery. Maximum penalty—200 penalty units.\n(sec.100-ssec.2) The lottery operator must not contravene its control system in the conduct of the lottery. Maximum penalty—200 penalty units.\n(sec.100-ssec.3) A lottery operator must, on request by an inspector, make its control system available for inspection by the inspector. Maximum penalty—200 penalty units.","sortOrder":150},{"sectionNumber":"sec.101","sectionType":"section","heading":"Content of control system","content":"### sec.101 Content of control system\n\nA lottery operator’s control system for a lottery must—\nbe in writing; and\ninclude details about each matter for the lottery stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes—\nensuring amounts payable by the operator to the State for the lottery are worked out and paid under this Act;\nprotecting the integrity of the conduct of the lottery by the operator.\nFor subsection (1) (b) , the matters are—\naccounting systems and procedures; and\nadministrative systems and procedures; and\nprocedures for recording entries, and paying prizes won, in the lottery;\ncomputer software; and\nsystems and procedures for the maintenance, security, storage and transportation of equipment; and\nsystems and procedures for using and maintaining security facilities; and\nthe general procedures to be followed for the conduct of the lottery.\ns 101 amd 2004 No. 21 s 91 ; 2005 No. 12 s 88 sch ; 2007 No. 22 s 3 sch 1\nsub 2013 No. 25 s 166\n(sec.101-ssec.1) A lottery operator’s control system for a lottery must— be in writing; and include details about each matter for the lottery stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes— ensuring amounts payable by the operator to the State for the lottery are worked out and paid under this Act; protecting the integrity of the conduct of the lottery by the operator.\n(sec.101-ssec.2) For subsection (1) (b) , the matters are— accounting systems and procedures; and administrative systems and procedures; and procedures for recording entries, and paying prizes won, in the lottery; computer software; and systems and procedures for the maintenance, security, storage and transportation of equipment; and systems and procedures for using and maintaining security facilities; and the general procedures to be followed for the conduct of the lottery.\n- (a) be in writing; and\n- (b) include details about each matter for the lottery stated in subsection (2) , to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes— (i) ensuring amounts payable by the operator to the State for the lottery are worked out and paid under this Act; (ii) protecting the integrity of the conduct of the lottery by the operator.\n- (i) ensuring amounts payable by the operator to the State for the lottery are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the lottery by the operator.\n- (i) ensuring amounts payable by the operator to the State for the lottery are worked out and paid under this Act;\n- (ii) protecting the integrity of the conduct of the lottery by the operator.\n- (a) accounting systems and procedures; and\n- (b) administrative systems and procedures; and\n- (c) procedures for recording entries, and paying prizes won, in the lottery;\n- (d) computer software; and\n- (e) systems and procedures for the maintenance, security, storage and transportation of equipment; and\n- (f) systems and procedures for using and maintaining security facilities; and\n- (g) the general procedures to be followed for the conduct of the lottery.","sortOrder":151},{"sectionNumber":"sec.102","sectionType":"section","heading":"Chief executive may give direction about content of control system","content":"### sec.102 Chief executive may give direction about content of control system\n\nThis section applies if the chief executive considers a lottery operator’s control system for a lottery is insufficient for—\nensuring amounts payable to the State under this Act for the lottery are properly worked out and paid; or\nprotecting the integrity of the conduct of the lottery by the operator.\nThe chief executive may, by written notice to the operator, direct the operator to include in its control system additional details about 1 or more matters mentioned in section 101 (2) within the reasonable period, and in the way, stated in the notice.\nIf the operator does not comply with the direction, at the end of the period stated in the notice the operator’s control system is taken to have been changed in the way stated in the notice.\ns 102 amd 2005 No. 12 s 88 sch ; 2007 No. 22 s 3 sch 1\nsub 2013 No. 25 s 166\n(sec.102-ssec.1) This section applies if the chief executive considers a lottery operator’s control system for a lottery is insufficient for— ensuring amounts payable to the State under this Act for the lottery are properly worked out and paid; or protecting the integrity of the conduct of the lottery by the operator.\n(sec.102-ssec.2) The chief executive may, by written notice to the operator, direct the operator to include in its control system additional details about 1 or more matters mentioned in section 101 (2) within the reasonable period, and in the way, stated in the notice.\n(sec.102-ssec.3) If the operator does not comply with the direction, at the end of the period stated in the notice the operator’s control system is taken to have been changed in the way stated in the notice.\n- (a) ensuring amounts payable to the State under this Act for the lottery are properly worked out and paid; or\n- (b) protecting the integrity of the conduct of the lottery by the operator.","sortOrder":152},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 amd 2005 No. 12 s 71 ; 2007 No. 22 s 3 sch 1\nom 2013 No. 25 s 166","sortOrder":153},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 amd 2005 No. 12 s 88 sch ; 2007 No. 22 s 3 sch 1\nom 2013 No. 25 s 166","sortOrder":154},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Lottery records","content":"## Lottery records","sortOrder":155},{"sectionNumber":"sec.104A","sectionType":"section","heading":"Application of div 2 to former primary licensees","content":"### sec.104A Application of div 2 to former primary licensees\n\nThis division continues to apply to the lottery records for a primary licence after the licence ends and, for that purpose, a reference in this division to a primary licensee includes a person who has stopped being a primary licensee.\ns 104A ins 2007 No. 22 s 45","sortOrder":156},{"sectionNumber":"sec.105","sectionType":"section","heading":"Notices about keeping lottery records","content":"### sec.105 Notices about keeping lottery records\n\nThe chief executive may, by written notice given to a primary licensee—\napprove a place (the approved place ) nominated by the licensee as the place where the licensee is required to keep the licensee’s lottery records; or\nspecify a lottery record of the licensee (an exempt lottery record ) that is not required to be kept at the approved place; or\nspecify a lottery record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or\napprove the keeping of information contained in a lottery record in a way different from the way the information was kept when the record was being used by the licensee; or\napprove the destruction of a lottery record the chief executive considers need not be kept.\nA lottery record mentioned in subsection (1) (c) is also an exempt lottery record —\nfor the period stated in the notice; or\nwhile the circumstances stated in the notice exist.\nThe chief executive may specify a lottery record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the record to be kept at a place other than the approved place.\nThe exercise of the chief executive’s power under subsection (1) (d) or (e) is subject to any other law about the retention or destruction of the lottery record.\ns 105 amd 2007 No. 22 s 3 sch 1\n(sec.105-ssec.1) The chief executive may, by written notice given to a primary licensee— approve a place (the approved place ) nominated by the licensee as the place where the licensee is required to keep the licensee’s lottery records; or specify a lottery record of the licensee (an exempt lottery record ) that is not required to be kept at the approved place; or specify a lottery record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or approve the keeping of information contained in a lottery record in a way different from the way the information was kept when the record was being used by the licensee; or approve the destruction of a lottery record the chief executive considers need not be kept.\n(sec.105-ssec.2) A lottery record mentioned in subsection (1) (c) is also an exempt lottery record — for the period stated in the notice; or while the circumstances stated in the notice exist.\n(sec.105-ssec.3) The chief executive may specify a lottery record for subsection (1) (b) only if the chief executive considers there is sufficient reason for the record to be kept at a place other than the approved place.\n(sec.105-ssec.4) The exercise of the chief executive’s power under subsection (1) (d) or (e) is subject to any other law about the retention or destruction of the lottery record.\n- (a) approve a place (the approved place ) nominated by the licensee as the place where the licensee is required to keep the licensee’s lottery records; or\n- (b) specify a lottery record of the licensee (an exempt lottery record ) that is not required to be kept at the approved place; or\n- (c) specify a lottery record of the licensee that may be kept temporarily at a place other than the approved place, and the period for which, or the circumstances in which, the record may be kept at the other place; or\n- (d) approve the keeping of information contained in a lottery record in a way different from the way the information was kept when the record was being used by the licensee; or\n- (e) approve the destruction of a lottery record the chief executive considers need not be kept.\n- (a) for the period stated in the notice; or\n- (b) while the circumstances stated in the notice exist.","sortOrder":157},{"sectionNumber":"sec.106","sectionType":"section","heading":"Lottery records to be kept at certain place","content":"### sec.106 Lottery records to be kept at certain place\n\nA primary licensee must keep the licensee’s lottery records at—\nthe licensee’s public office; or\nat an approved place for the records.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to an exempt lottery record.\ns 106 amd 2007 No. 22 s 3 sch 1\n(sec.106-ssec.1) A primary licensee must keep the licensee’s lottery records at— the licensee’s public office; or at an approved place for the records. Maximum penalty—40 penalty units.\n(sec.106-ssec.2) Subsection (1) does not apply to an exempt lottery record.\n- (a) the licensee’s public office; or\n- (b) at an approved place for the records.","sortOrder":158},{"sectionNumber":"sec.107","sectionType":"section","heading":"Lottery records to be kept for required period","content":"### sec.107 Lottery records to be kept for required period\n\nA primary licensee must keep a lottery record—\nin the case of a record relating to an unclaimed prize—for 7 years after closure of the lottery; or\nin the case of any other lottery record—\nif it relates to a lottery for which the only prize, or all prizes, are paid or given on 1 day—for 5 years after that day; or\notherwise—for 5 years after the last day on which a prize or part of a prize in the lottery is paid or given to the person entitled to it.\nThe prize for a lottery consists of a particular amount paid to the prize winner at the end of each year for 20 years. A lottery record for the lottery must be kept for 5 years after the day the last payment is paid.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a lottery record if the information previously contained in the record is kept in another way under an approval of the chief executive.\nAlso, subsection (1) does not apply to a lottery record that has been destroyed under an approval of the chief executive.\nSubsection (1) has effect subject to any other law about the retention or destruction of the lottery record.\ns 107 amd 2007 No. 22 ss 46 , 3 sch 1\n(sec.107-ssec.1) A primary licensee must keep a lottery record— in the case of a record relating to an unclaimed prize—for 7 years after closure of the lottery; or in the case of any other lottery record— if it relates to a lottery for which the only prize, or all prizes, are paid or given on 1 day—for 5 years after that day; or otherwise—for 5 years after the last day on which a prize or part of a prize in the lottery is paid or given to the person entitled to it. The prize for a lottery consists of a particular amount paid to the prize winner at the end of each year for 20 years. A lottery record for the lottery must be kept for 5 years after the day the last payment is paid. Maximum penalty—40 penalty units.\n(sec.107-ssec.2) Subsection (1) does not apply to a lottery record if the information previously contained in the record is kept in another way under an approval of the chief executive.\n(sec.107-ssec.3) Also, subsection (1) does not apply to a lottery record that has been destroyed under an approval of the chief executive.\n(sec.107-ssec.4) Subsection (1) has effect subject to any other law about the retention or destruction of the lottery record.\n- (a) in the case of a record relating to an unclaimed prize—for 7 years after closure of the lottery; or\n- (b) in the case of any other lottery record— (i) if it relates to a lottery for which the only prize, or all prizes, are paid or given on 1 day—for 5 years after that day; or (ii) otherwise—for 5 years after the last day on which a prize or part of a prize in the lottery is paid or given to the person entitled to it. Example for subparagraph (ii) — The prize for a lottery consists of a particular amount paid to the prize winner at the end of each year for 20 years. A lottery record for the lottery must be kept for 5 years after the day the last payment is paid.\n- (i) if it relates to a lottery for which the only prize, or all prizes, are paid or given on 1 day—for 5 years after that day; or\n- (ii) otherwise—for 5 years after the last day on which a prize or part of a prize in the lottery is paid or given to the person entitled to it. Example for subparagraph (ii) — The prize for a lottery consists of a particular amount paid to the prize winner at the end of each year for 20 years. A lottery record for the lottery must be kept for 5 years after the day the last payment is paid.\n- (i) if it relates to a lottery for which the only prize, or all prizes, are paid or given on 1 day—for 5 years after that day; or\n- (ii) otherwise—for 5 years after the last day on which a prize or part of a prize in the lottery is paid or given to the person entitled to it. Example for subparagraph (ii) — The prize for a lottery consists of a particular amount paid to the prize winner at the end of each year for 20 years. A lottery record for the lottery must be kept for 5 years after the day the last payment is paid.","sortOrder":159},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Financial accounts, statements and reports","content":"## Financial accounts, statements and reports","sortOrder":160},{"sectionNumber":"sec.108","sectionType":"section","heading":"Keeping of accounts","content":"### sec.108 Keeping of accounts\n\nA primary licensee must—\nkeep accounting records that correctly record and explain the transactions and financial position for the licensee’s operations conducted under the primary licence; and\nkeep the accounting records in a way that allows—\ntrue and fair financial statements and accounts to be prepared from time to time; and\nthe financial statements and accounts to be conveniently and properly audited.\nMaximum penalty—40 penalty units.\ns 108 amd 2007 No. 22 s 3 sch 1\n- (a) keep accounting records that correctly record and explain the transactions and financial position for the licensee’s operations conducted under the primary licence; and\n- (b) keep the accounting records in a way that allows— (i) true and fair financial statements and accounts to be prepared from time to time; and (ii) the financial statements and accounts to be conveniently and properly audited.\n- (i) true and fair financial statements and accounts to be prepared from time to time; and\n- (ii) the financial statements and accounts to be conveniently and properly audited.\n- (i) true and fair financial statements and accounts to be prepared from time to time; and\n- (ii) the financial statements and accounts to be conveniently and properly audited.","sortOrder":161},{"sectionNumber":"sec.109","sectionType":"section","heading":"Preparation of financial statements and accounts","content":"### sec.109 Preparation of financial statements and accounts\n\nA primary licensee must prepare financial statements and accounts as required by this section giving a true and fair view of the licensee’s financial operations conducted under the primary licence.\nMaximum penalty—40 penalty units.\nThe financial statements and accounts must include the following—\ntrading accounts, if applicable, for each financial year;\nprofit and loss accounts for each financial year;\na balance sheet as at the end of each financial year.\ns 109 amd 2007 No. 22 s 3 sch 1\n(sec.109-ssec.1) A primary licensee must prepare financial statements and accounts as required by this section giving a true and fair view of the licensee’s financial operations conducted under the primary licence. Maximum penalty—40 penalty units.\n(sec.109-ssec.2) The financial statements and accounts must include the following— trading accounts, if applicable, for each financial year; profit and loss accounts for each financial year; a balance sheet as at the end of each financial year.\n- (a) trading accounts, if applicable, for each financial year;\n- (b) profit and loss accounts for each financial year;\n- (c) a balance sheet as at the end of each financial year.","sortOrder":162},{"sectionNumber":"sec.110","sectionType":"section","heading":"Submission of reports","content":"### sec.110 Submission of reports\n\nA primary licensee must give reports to the chief executive as required by this section about the licensee’s operations under the primary licence.\nMaximum penalty—40 penalty units.\nThe reports must be given at the times stated in a written notice given to the primary licensee by the chief executive.\nA report must be in the approved form.\nThe chief executive may, by written notice given to a primary licensee, require the licensee to give the chief executive further information about a report within the time stated in the notice to help the chief executive acquire a proper appreciation of the licensee’s operations.\nA primary licensee must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA primary licensee must not give the chief executive a report containing information, or further information about a report, the licensee knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (6) does not apply to a primary licensee if the licensee, when giving the report or further information—\ninforms the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and\nif the licensee has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint of an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.\ns 110 amd 2007 No. 22 s 3 sch 1\n(sec.110-ssec.1) A primary licensee must give reports to the chief executive as required by this section about the licensee’s operations under the primary licence. Maximum penalty—40 penalty units.\n(sec.110-ssec.2) The reports must be given at the times stated in a written notice given to the primary licensee by the chief executive.\n(sec.110-ssec.3) A report must be in the approved form.\n(sec.110-ssec.4) The chief executive may, by written notice given to a primary licensee, require the licensee to give the chief executive further information about a report within the time stated in the notice to help the chief executive acquire a proper appreciation of the licensee’s operations.\n(sec.110-ssec.5) A primary licensee must comply with a requirement under subsection (4) within the time stated in the notice, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.110-ssec.6) A primary licensee must not give the chief executive a report containing information, or further information about a report, the licensee knows to be false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units.\n(sec.110-ssec.7) Subsection (6) does not apply to a primary licensee if the licensee, when giving the report or further information— informs the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and if the licensee has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.110-ssec.8) It is enough for a complaint of an offence against subsection (6) to state that the report or information was false, misleading or incomplete to the defendant’s knowledge.\n- (a) informs the chief executive in writing, to the best of the licensee’s ability, how the return or information is false, misleading or incomplete; and\n- (b) if the licensee has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":163},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Financial institutions accounts","content":"## Financial institutions accounts","sortOrder":164},{"sectionNumber":"sec.111","sectionType":"section","heading":"Keeping of accounts","content":"### sec.111 Keeping of accounts\n\nA primary licensee must keep a financial institution account, or financial institution accounts, approved by the chief executive for use for all banking or similar transactions for the licensee’s operations conducted under the primary licence.\nMaximum penalty—40 penalty units.\ns 111 amd 2007 No. 22 s 3 sch 1","sortOrder":165},{"sectionNumber":"sec.112","sectionType":"section","heading":"Use of accounts","content":"### sec.112 Use of accounts\n\nA primary licensee must not use a financial institution account approved by the chief executive other than for a purpose for which it is approved.\nMaximum penalty—40 penalty units.\ns 112 amd 2007 No. 22 s 3 sch 1","sortOrder":166},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Audit","content":"## Audit","sortOrder":167},{"sectionNumber":"sec.113","sectionType":"section","heading":"Audit of primary licensee’s operations","content":"### sec.113 Audit of primary licensee’s operations\n\nAs soon as practicable after the end of a financial year, a primary licensee must, at the licensee’s own expense, cause the licensee’s books, accounts and financial statements for the licensee’s operations conducted under the primary licence for the financial year to be audited by a registered company auditor approved by the chief executive.\nMaximum penalty—40 penalty units.\ns 113 amd 2007 No. 22 s 3 sch 1","sortOrder":168},{"sectionNumber":"sec.114","sectionType":"section","heading":"Completion of audit","content":"### sec.114 Completion of audit\n\nThe auditor must—\ncomplete the audit within 3 months after the end of the financial year; and\nimmediately after completion of the audit, give a copy of the audit report to the chief executive and the primary licensee.\nMaximum penalty—40 penalty units.\nSubsection (1) (a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.\ns 114 amd 2007 No. 22 s 3 sch 1\n(sec.114-ssec.1) The auditor must— complete the audit within 3 months after the end of the financial year; and immediately after completion of the audit, give a copy of the audit report to the chief executive and the primary licensee. Maximum penalty—40 penalty units.\n(sec.114-ssec.2) Subsection (1) (a) does not apply to the auditor if, in the circumstances, it would be unreasonable to require the auditor to comply with the paragraph and the auditor completes the audit as soon as practicable.\n- (a) complete the audit within 3 months after the end of the financial year; and\n- (b) immediately after completion of the audit, give a copy of the audit report to the chief executive and the primary licensee.","sortOrder":169},{"sectionNumber":"sec.115","sectionType":"section","heading":"Further information following audit","content":"### sec.115 Further information following audit\n\nOn receiving a copy of the audit report, the chief executive may, by written notice given to the primary licensee, require the licensee to give the chief executive further information about a matter relating to the licensee’s operations mentioned in the audit report.\nA primary licensee must comply with a requirement under subsection (1) within the time stated in the notice, unless the licensee has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\ns 115 amd 2007 No. 22 s 3 sch 1\n(sec.115-ssec.1) On receiving a copy of the audit report, the chief executive may, by written notice given to the primary licensee, require the licensee to give the chief executive further information about a matter relating to the licensee’s operations mentioned in the audit report.\n(sec.115-ssec.2) A primary licensee must comply with a requirement under subsection (1) within the time stated in the notice, unless the licensee has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":170},{"sectionNumber":"pt.7","sectionType":"part","heading":"Conduct of approved lotteries","content":"# Conduct of approved lotteries","sortOrder":171},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Ancillary and related agreements","content":"## Ancillary and related agreements","sortOrder":172},{"sectionNumber":"sec.116","sectionType":"section","heading":"Ancillary lottery agreement","content":"### sec.116 Ancillary lottery agreement\n\nAn ancillary lottery agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to a lottery operator a thing or service in return for a direct or indirect interest in, or percentage or share of—\namounts received by the lottery operator in conducting approved lotteries; or\nthe revenue, profit or earnings derived by the lottery operator in conducting approved lotteries.\nHowever, an ancillary lottery agreement does not include an agency agreement or a lottery operation agreement.\nA lottery operator must not enter into, or be a party to, an ancillary lottery agreement without the written approval of the Minister.\nMaximum penalty for subsection (3) —40 penalty units.\ns 116 amd 2007 No. 22 ss 47 , 3 sch 1\n(sec.116-ssec.1) An ancillary lottery agreement is an agreement, contract, lease or arrangement (whether written or unwritten) under which a person agrees to provide to a lottery operator a thing or service in return for a direct or indirect interest in, or percentage or share of— amounts received by the lottery operator in conducting approved lotteries; or the revenue, profit or earnings derived by the lottery operator in conducting approved lotteries.\n(sec.116-ssec.2) However, an ancillary lottery agreement does not include an agency agreement or a lottery operation agreement.\n(sec.116-ssec.3) A lottery operator must not enter into, or be a party to, an ancillary lottery agreement without the written approval of the Minister. Maximum penalty for subsection (3) —40 penalty units.\n- (a) amounts received by the lottery operator in conducting approved lotteries; or\n- (b) the revenue, profit or earnings derived by the lottery operator in conducting approved lotteries.","sortOrder":173},{"sectionNumber":"sec.117","sectionType":"section","heading":"Approval of ancillary lottery agreements","content":"### sec.117 Approval of ancillary lottery agreements\n\nA lottery operator may apply to the Minister for approval to enter into an ancillary lottery agreement.\nThe Minister may give the approval if the Minister considers it appropriate or desirable in all the circumstances for the lottery operator to enter into the agreement.\nAn approval must be in writing.\ns 117 amd 2007 No. 22 s 3 sch 1\n(sec.117-ssec.1) A lottery operator may apply to the Minister for approval to enter into an ancillary lottery agreement.\n(sec.117-ssec.2) The Minister may give the approval if the Minister considers it appropriate or desirable in all the circumstances for the lottery operator to enter into the agreement.\n(sec.117-ssec.3) An approval must be in writing.","sortOrder":174},{"sectionNumber":"sec.118","sectionType":"section","heading":"Review of related agreements","content":"### sec.118 Review of related agreements\n\nThe Minister may, by written notice given to a lottery operator, require the lottery operator to give to the Minister, within the time stated in the notice—\nthe information stated in the notice about a related agreement to which the lottery operator is a party; and\nif the agreement is in writing—a copy of the agreement.\nWithout limiting subsection (1) , the information the Minister may require to be given about the agreement includes the following—\nthe names of the parties;\na description of any property, goods or other things, or any services, supplied or to be supplied;\nthe value or nature of the consideration;\nthe term of the agreement.\nThe lottery operator must comply with the requirement within the time stated in the notice, unless the lottery operator has a reasonable excuse.\ns 118 amd 2007 No. 22 s 3 sch 1\n(sec.118-ssec.1) The Minister may, by written notice given to a lottery operator, require the lottery operator to give to the Minister, within the time stated in the notice— the information stated in the notice about a related agreement to which the lottery operator is a party; and if the agreement is in writing—a copy of the agreement.\n(sec.118-ssec.2) Without limiting subsection (1) , the information the Minister may require to be given about the agreement includes the following— the names of the parties; a description of any property, goods or other things, or any services, supplied or to be supplied; the value or nature of the consideration; the term of the agreement.\n(sec.118-ssec.3) The lottery operator must comply with the requirement within the time stated in the notice, unless the lottery operator has a reasonable excuse.\n- (a) the information stated in the notice about a related agreement to which the lottery operator is a party; and\n- (b) if the agreement is in writing—a copy of the agreement.\n- (a) the names of the parties;\n- (b) a description of any property, goods or other things, or any services, supplied or to be supplied;\n- (c) the value or nature of the consideration;\n- (d) the term of the agreement.","sortOrder":175},{"sectionNumber":"sec.119","sectionType":"section","heading":"Show cause notice for related agreement","content":"### sec.119 Show cause notice for related agreement\n\nThis section applies if, after considering the information given to the Minister about a related agreement and, if appropriate, the contents of the agreement, the Minister believes the continuance of the agreement—\nmay jeopardise the integrity of the conduct of lotteries by the lottery operator who is a party to the agreement; or\nmay affect the public interest adversely.\nThe Minister must give the lottery operator who is a party to the agreement a written notice (a show cause notice ) that—\nstates the Minister proposes to take action to direct the termination of the agreement (the proposed action ); and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the grounds; and\ninvites the lottery operator to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the notice is given.\nThe Minister must promptly give a copy of the show cause notice to each other person (an interested person ) who is a party to the agreement.\nAn interested person may make representations about the notice to the Minister in the show cause period.\nThe Minister must consider all written representations (the accepted representations ) made during the show cause period by the lottery operator or an interested person.\ns 119 amd 2007 No. 22 s 3 sch 1\n(sec.119-ssec.1) This section applies if, after considering the information given to the Minister about a related agreement and, if appropriate, the contents of the agreement, the Minister believes the continuance of the agreement— may jeopardise the integrity of the conduct of lotteries by the lottery operator who is a party to the agreement; or may affect the public interest adversely.\n(sec.119-ssec.2) The Minister must give the lottery operator who is a party to the agreement a written notice (a show cause notice ) that— states the Minister proposes to take action to direct the termination of the agreement (the proposed action ); and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the grounds; and invites the lottery operator to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.119-ssec.3) The show cause period must be a period ending at least 21 days after the notice is given.\n(sec.119-ssec.4) The Minister must promptly give a copy of the show cause notice to each other person (an interested person ) who is a party to the agreement.\n(sec.119-ssec.5) An interested person may make representations about the notice to the Minister in the show cause period.\n(sec.119-ssec.6) The Minister must consider all written representations (the accepted representations ) made during the show cause period by the lottery operator or an interested person.\n- (a) may jeopardise the integrity of the conduct of lotteries by the lottery operator who is a party to the agreement; or\n- (b) may affect the public interest adversely.\n- (a) states the Minister proposes to take action to direct the termination of the agreement (the proposed action ); and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the grounds; and\n- (d) invites the lottery operator to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":176},{"sectionNumber":"sec.120","sectionType":"section","heading":"Direction to terminate related agreement","content":"### sec.120 Direction to terminate related agreement\n\nThe Minister may direct the termination of a related agreement if, after considering the accepted representations for a show cause notice, the Minister still believes the continuance of the agreement—\nmay jeopardise the integrity of the conduct of lotteries by the lottery operator who is a party to the agreement; or\nmay affect the public interest adversely.\nThe direction must be given by written notice to each of the parties to the agreement.\nThe notice must state—\nthe reason for the decision to direct the termination of the related agreement; and\nthe time within which the agreement is required to be terminated.\nIf the agreement is not terminated within the time stated in the notice, it is terminated at the end of the time by this Act.\nThe termination of the agreement under the direction or by this Act does not affect any rights or liabilities acquired or incurred by a party to the agreement before the termination.\nThe State does not incur any liability if the agreement is terminated under the direction or by this Act.\nA party to the agreement does not incur any liability for breach of the agreement because the agreement is terminated under the direction.\ns 120 amd 2007 No. 22 s 3 sch 1\n(sec.120-ssec.1) The Minister may direct the termination of a related agreement if, after considering the accepted representations for a show cause notice, the Minister still believes the continuance of the agreement— may jeopardise the integrity of the conduct of lotteries by the lottery operator who is a party to the agreement; or may affect the public interest adversely.\n(sec.120-ssec.2) The direction must be given by written notice to each of the parties to the agreement.\n(sec.120-ssec.3) The notice must state— the reason for the decision to direct the termination of the related agreement; and the time within which the agreement is required to be terminated.\n(sec.120-ssec.4) If the agreement is not terminated within the time stated in the notice, it is terminated at the end of the time by this Act.\n(sec.120-ssec.5) The termination of the agreement under the direction or by this Act does not affect any rights or liabilities acquired or incurred by a party to the agreement before the termination.\n(sec.120-ssec.6) The State does not incur any liability if the agreement is terminated under the direction or by this Act.\n(sec.120-ssec.7) A party to the agreement does not incur any liability for breach of the agreement because the agreement is terminated under the direction.\n- (a) may jeopardise the integrity of the conduct of lotteries by the lottery operator who is a party to the agreement; or\n- (b) may affect the public interest adversely.\n- (a) the reason for the decision to direct the termination of the related agreement; and\n- (b) the time within which the agreement is required to be terminated.","sortOrder":177},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Operations of lottery operators and agents","content":"## Operations of lottery operators and agents","sortOrder":178},{"sectionNumber":"sec.121","sectionType":"section","heading":"Rules","content":"### sec.121 Rules\n\nThe Minister may make rules about the following—\nclassifying gaming schemes as lotteries;\nregulating the conduct of lotteries;\nregulating prizes in lotteries.\nThe Minister must notify the making of a rule on the department’s website.\nA rule takes effect—\non the day the making of the rule is notified on the department’s website; or\nif a later day is stated in the Minister’s notice or the rule—on that day.\nA primary licensee may make submissions to the Minister about a rule or proposed rule.\ns 121 amd 2007 No. 22 s 3 sch 1 ; 2009 No. 41 s 88 ; 2022 No. 23 s 91\n(sec.121-ssec.1) The Minister may make rules about the following— classifying gaming schemes as lotteries; regulating the conduct of lotteries; regulating prizes in lotteries.\n(sec.121-ssec.2) The Minister must notify the making of a rule on the department’s website.\n(sec.121-ssec.2A) A rule takes effect— on the day the making of the rule is notified on the department’s website; or if a later day is stated in the Minister’s notice or the rule—on that day.\n(sec.121-ssec.3) A primary licensee may make submissions to the Minister about a rule or proposed rule.\n- (a) classifying gaming schemes as lotteries;\n- (b) regulating the conduct of lotteries;\n- (c) regulating prizes in lotteries.\n- (a) on the day the making of the rule is notified on the department’s website; or\n- (b) if a later day is stated in the Minister’s notice or the rule—on that day.","sortOrder":179},{"sectionNumber":"sec.121A","sectionType":"section","heading":"Rules to be made available","content":"### sec.121A Rules to be made available\n\nA lottery operator must—\nfor each lottery stated in the lottery operator’s licence, make a copy of the rules available for public inspection—\nduring ordinary office hours at the lottery operator’s public office; and\non the lottery operator’s website on the internet; and\nfor each lottery for which a lottery agent of the lottery operator does anything under the agency agreement—give a copy of the rules for the lottery to the lottery agent.\nMaximum penalty—40 penalty units.\ns 121A ins 2007 No. 22 s 48\namd 2009 No. 41 s 89\n- (a) for each lottery stated in the lottery operator’s licence, make a copy of the rules available for public inspection— (i) during ordinary office hours at the lottery operator’s public office; and (ii) on the lottery operator’s website on the internet; and\n- (i) during ordinary office hours at the lottery operator’s public office; and\n- (ii) on the lottery operator’s website on the internet; and\n- (b) for each lottery for which a lottery agent of the lottery operator does anything under the agency agreement—give a copy of the rules for the lottery to the lottery agent.\n- (i) during ordinary office hours at the lottery operator’s public office; and\n- (ii) on the lottery operator’s website on the internet; and","sortOrder":180},{"sectionNumber":"sec.122","sectionType":"section","heading":"General responsibilities of lottery operator","content":"### sec.122 General responsibilities of lottery operator\n\nA lottery operator, in doing an act for the conduct of an approved lottery, must ensure the act is done in accordance with the rules for the lottery.\nMaximum penalty—40 penalty units.\ns 122 amd 2007 No. 22 s 3 sch 1","sortOrder":181},{"sectionNumber":"sec.123","sectionType":"section","heading":"Responsibility of lottery operator for acts of lottery agents","content":"### sec.123 Responsibility of lottery operator for acts of lottery agents\n\nThis section applies to the doing of an act by a lottery agent for the conduct of an approved lottery by the lottery operator by whom the agent is appointed.\nThe lottery operator must take reasonable steps to ensure the act is done in accordance with the rules for the approved lottery.\nMaximum penalty—40 penalty units.\ns 123 amd 2007 No. 22 s 3 sch 1\n(sec.123-ssec.1) This section applies to the doing of an act by a lottery agent for the conduct of an approved lottery by the lottery operator by whom the agent is appointed.\n(sec.123-ssec.2) The lottery operator must take reasonable steps to ensure the act is done in accordance with the rules for the approved lottery. Maximum penalty—40 penalty units.","sortOrder":182},{"sectionNumber":"sec.124","sectionType":"section","heading":"Responsibility of lottery agent for agent’s acts","content":"### sec.124 Responsibility of lottery agent for agent’s acts\n\nA lottery agent, in doing an act for the conduct of an approved lottery by the lottery operator by whom the agent is appointed, must ensure the act is done in accordance with the rules for the approved lottery.\nMaximum penalty—40 penalty units.\ns 124 amd 2007 No. 22 s 3 sch 1","sortOrder":183},{"sectionNumber":"sec.125","sectionType":"section","heading":"Places of operation","content":"### sec.125 Places of operation\n\nA lottery operator must not carry on the lottery operator’s operations at a place other than a place that—\nthe lottery operator has, by notice given to the chief executive, nominated as being the lottery operator’s proposed place of operation; and\nif lottery tickets are to be sold or otherwise distributed to the public from the place—has been approved by the chief executive.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA lottery agent must not carry on the agent’s operations at a place other than a place that—\nis of a kind prescribed under a regulation as appropriate for a lottery agent; and\nis stated in the agency agreement as the agent’s place of operation.\nMaximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\ns 125 amd 2007 No. 22 s 3 sch 1\n(sec.125-ssec.1) A lottery operator must not carry on the lottery operator’s operations at a place other than a place that— the lottery operator has, by notice given to the chief executive, nominated as being the lottery operator’s proposed place of operation; and if lottery tickets are to be sold or otherwise distributed to the public from the place—has been approved by the chief executive. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.125-ssec.2) A lottery agent must not carry on the agent’s operations at a place other than a place that— is of a kind prescribed under a regulation as appropriate for a lottery agent; and is stated in the agency agreement as the agent’s place of operation. Maximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\n- (a) the lottery operator has, by notice given to the chief executive, nominated as being the lottery operator’s proposed place of operation; and\n- (b) if lottery tickets are to be sold or otherwise distributed to the public from the place—has been approved by the chief executive.\n- (a) is of a kind prescribed under a regulation as appropriate for a lottery agent; and\n- (b) is stated in the agency agreement as the agent’s place of operation.","sortOrder":184},{"sectionNumber":"sec.125A","sectionType":"section","heading":"Acceptance of entry form","content":"### sec.125A Acceptance of entry form\n\nA lottery operator, in carrying on the lottery operator’s operations, may accept an entry form for an approved lottery submitted to the lottery operator by phone or another form of communication.\nemail\ns 125A ins 2004 No. 21 s 92\namd 2007 No. 22 s 3 sch 1","sortOrder":185},{"sectionNumber":"sec.126","sectionType":"section","heading":"Harm minimisation measures","content":"### sec.126 Harm minimisation measures\n\nA regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from lotteries, including, for example, measures for any of the following purposes—\ndelaying the start of a process in particular circumstances;\ninterrupting a process in particular circumstances;\nusing particular technology or software;\nproviding particular information to the chief executive or persons participating in lotteries;\nenabling a person to access a service that provides help with gambling problems.\nThe Minister may recommend the making of a regulation under subsection (1) only if satisfied—\nthe harm minimisation measure—\nis necessary and appropriate to minimise potential harm from persons participating in lotteries; and\nis consistent with the objects of this Act; or\nit is in the public interest to prescribe the harm minimisation measure.\nA regulation made under subsection (1) may also prescribe the lottery operators that must implement a harm minimisation measure.\nA lottery operator prescribed under subsection (3) must implement the harm minimisation measure as prescribed.\nMaximum penalty for subsection (4) —200 penalty units.\ns 126 prev s 126 amd 2007 No. 22 s 3 sch 1\nom 2009 No. 41 s 90\npres s 126 ins 2022 No. 23 s 92\n(sec.126-ssec.1) A regulation may prescribe measures ( harm minimisation measures ) that have the purpose of minimising potential harm from lotteries, including, for example, measures for any of the following purposes— delaying the start of a process in particular circumstances; interrupting a process in particular circumstances; using particular technology or software; providing particular information to the chief executive or persons participating in lotteries; enabling a person to access a service that provides help with gambling problems.\n(sec.126-ssec.2) The Minister may recommend the making of a regulation under subsection (1) only if satisfied— the harm minimisation measure— is necessary and appropriate to minimise potential harm from persons participating in lotteries; and is consistent with the objects of this Act; or it is in the public interest to prescribe the harm minimisation measure.\n(sec.126-ssec.3) A regulation made under subsection (1) may also prescribe the lottery operators that must implement a harm minimisation measure.\n(sec.126-ssec.4) A lottery operator prescribed under subsection (3) must implement the harm minimisation measure as prescribed. Maximum penalty for subsection (4) —200 penalty units.\n- (a) delaying the start of a process in particular circumstances;\n- (b) interrupting a process in particular circumstances;\n- (c) using particular technology or software;\n- (d) providing particular information to the chief executive or persons participating in lotteries;\n- (e) enabling a person to access a service that provides help with gambling problems.\n- (a) the harm minimisation measure— (i) is necessary and appropriate to minimise potential harm from persons participating in lotteries; and (ii) is consistent with the objects of this Act; or\n- (i) is necessary and appropriate to minimise potential harm from persons participating in lotteries; and\n- (ii) is consistent with the objects of this Act; or\n- (b) it is in the public interest to prescribe the harm minimisation measure.\n- (i) is necessary and appropriate to minimise potential harm from persons participating in lotteries; and\n- (ii) is consistent with the objects of this Act; or","sortOrder":186},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Official supervision","content":"## Official supervision","sortOrder":187},{"sectionNumber":"sec.127","sectionType":"section","heading":"Official supervision","content":"### sec.127 Official supervision\n\nThe chief executive must ensure the supervision of the following—\nthe systems used to decide prize winners in an approved lottery to ensure the security and efficient operation of the systems;\nthe operation of the systems for each approved lottery;\nthe accuracy of the results of each approved lottery.\n- (a) the systems used to decide prize winners in an approved lottery to ensure the security and efficient operation of the systems;\n- (b) the operation of the systems for each approved lottery;\n- (c) the accuracy of the results of each approved lottery.","sortOrder":188},{"sectionNumber":"sec.128","sectionType":"section","heading":"Presence of inspector at certain operations","content":"### sec.128 Presence of inspector at certain operations\n\nThe chief executive may take action under this section to ensure the integrity of the conduct of an approved lottery.\nThe chief executive may by written notice given to a lottery operator direct the lottery operator not to do a stated thing in the conduct of an approved lottery unless an inspector is present.\nThe lottery operator must comply with the direction.\nMaximum penalty for subsection (3) —40 penalty units.\ns 128 amd 2007 No. 22 s 3 sch 1\n(sec.128-ssec.1) The chief executive may take action under this section to ensure the integrity of the conduct of an approved lottery.\n(sec.128-ssec.2) The chief executive may by written notice given to a lottery operator direct the lottery operator not to do a stated thing in the conduct of an approved lottery unless an inspector is present.\n(sec.128-ssec.3) The lottery operator must comply with the direction. Maximum penalty for subsection (3) —40 penalty units.","sortOrder":189},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Prizes","content":"## Prizes","sortOrder":190},{"sectionNumber":"sec.129","sectionType":"section","heading":"Claims for prizes","content":"### sec.129 Claims for prizes\n\nA claim for payment of a prize in an approved lottery may be made to the lottery operator or a lottery agent of the lottery operator.\nA participant’s entitlement to claim a prize in an approved lottery continues until whichever of the following happens first—\nthe prize is paid;\nthe end of 7 years after the closure of the lottery in which the prize is won.\nThe rules may provide that a person who is registered with the lottery operator for an approved lottery need not make a claim for a prize to which the person is entitled.\ns 129 amd 1999 No. 77 s 196 ; 2004 No. 21 s 93 ; 2007 No. 22 ss 49 , 3 sch 1\n(sec.129-ssec.1) A claim for payment of a prize in an approved lottery may be made to the lottery operator or a lottery agent of the lottery operator.\n(sec.129-ssec.2) A participant’s entitlement to claim a prize in an approved lottery continues until whichever of the following happens first— the prize is paid; the end of 7 years after the closure of the lottery in which the prize is won.\n(sec.129-ssec.3) The rules may provide that a person who is registered with the lottery operator for an approved lottery need not make a claim for a prize to which the person is entitled.\n- (a) the prize is paid;\n- (b) the end of 7 years after the closure of the lottery in which the prize is won.","sortOrder":191},{"sectionNumber":"sec.130","sectionType":"section","heading":"Payment of prizes","content":"### sec.130 Payment of prizes\n\nIf the holder of a winning lottery ticket in an approved lottery claims the prize and gives the lottery ticket to the lottery operator or a lottery agent of the lottery operator, the lottery operator must, or the agent may if authorised to do so by the agency agreement, pay the prize to the person or as directed by the person.\nHowever, the lottery operator or agent is not required to pay a prize if there are reasonable grounds to believe that the claimant obtained the lottery ticket unlawfully or that an antecedent holder of the ticket obtained it unlawfully.\nA lottery operator or a lottery agent need not inquire, and does not incur any liability for failing to inquire, into whether a person from whom a lottery ticket is received—\nis the lawful holder of the lottery ticket; or\nis a minor or otherwise under a legal disability.\nA lottery operator may pay a prize to a person registered with the lottery operator whom the lottery operator believes to be entitled to the prize or as directed by the person.\nA lottery operator may also pay a prize to a person if, after appropriately investigating the person’s claim, having regard to the value of the prize being claimed, the lottery operator is satisfied the person is entitled to the prize even though—\nthe person is not registered with the lottery operator; and\nthe person does not give the lottery operator the winning lottery ticket for the prize.\nWithout limiting subsection (5) , appropriately investigating the person’s claim may include investigating all or any of the following—\nwhen, where and from whom the person claims to have obtained the winning lottery ticket;\nwhether the person can establish a pattern of buying lottery tickets at a particular time and place or on a particular day of the week;\nwhether the lottery operator or lottery agent who sold the winning lottery ticket has any video or other record of the person’s purchase of the ticket;\nwhether the person has previously claimed a prize without holding the winning lottery ticket.\nThe obligation of a lottery operator to pay a prize in an approved lottery is fully complied with and discharged on payment of the prize under this Act by the lottery operator or a lottery agent of the lottery operator.\ns 130 amd 2004 No. 21 s 94 ; 2007 No. 17 s 54 ; 2007 No. 22 s 3 sch 1\n(sec.130-ssec.1) If the holder of a winning lottery ticket in an approved lottery claims the prize and gives the lottery ticket to the lottery operator or a lottery agent of the lottery operator, the lottery operator must, or the agent may if authorised to do so by the agency agreement, pay the prize to the person or as directed by the person.\n(sec.130-ssec.2) However, the lottery operator or agent is not required to pay a prize if there are reasonable grounds to believe that the claimant obtained the lottery ticket unlawfully or that an antecedent holder of the ticket obtained it unlawfully.\n(sec.130-ssec.3) A lottery operator or a lottery agent need not inquire, and does not incur any liability for failing to inquire, into whether a person from whom a lottery ticket is received— is the lawful holder of the lottery ticket; or is a minor or otherwise under a legal disability.\n(sec.130-ssec.4) A lottery operator may pay a prize to a person registered with the lottery operator whom the lottery operator believes to be entitled to the prize or as directed by the person.\n(sec.130-ssec.5) A lottery operator may also pay a prize to a person if, after appropriately investigating the person’s claim, having regard to the value of the prize being claimed, the lottery operator is satisfied the person is entitled to the prize even though— the person is not registered with the lottery operator; and the person does not give the lottery operator the winning lottery ticket for the prize.\n(sec.130-ssec.6) Without limiting subsection (5) , appropriately investigating the person’s claim may include investigating all or any of the following— when, where and from whom the person claims to have obtained the winning lottery ticket; whether the person can establish a pattern of buying lottery tickets at a particular time and place or on a particular day of the week; whether the lottery operator or lottery agent who sold the winning lottery ticket has any video or other record of the person’s purchase of the ticket; whether the person has previously claimed a prize without holding the winning lottery ticket.\n(sec.130-ssec.7) The obligation of a lottery operator to pay a prize in an approved lottery is fully complied with and discharged on payment of the prize under this Act by the lottery operator or a lottery agent of the lottery operator.\n- (a) is the lawful holder of the lottery ticket; or\n- (b) is a minor or otherwise under a legal disability.\n- (a) the person is not registered with the lottery operator; and\n- (b) the person does not give the lottery operator the winning lottery ticket for the prize.\n- (a) when, where and from whom the person claims to have obtained the winning lottery ticket;\n- (b) whether the person can establish a pattern of buying lottery tickets at a particular time and place or on a particular day of the week;\n- (c) whether the lottery operator or lottery agent who sold the winning lottery ticket has any video or other record of the person’s purchase of the ticket;\n- (d) whether the person has previously claimed a prize without holding the winning lottery ticket.","sortOrder":192},{"sectionNumber":"sec.131","sectionType":"section","heading":"Disposal of unclaimed prizes that are property","content":"### sec.131 Disposal of unclaimed prizes that are property\n\nThis section applies to a prize in an approved lottery if—\nit is property other than money or lottery tickets; and\nit is not paid or collected within 3 months after the closure of the lottery.\nThe lottery operator—\nmay dispose of the property by public auction or tender or in some other way approved by the chief executive; and\nmay pay for the disposal from the proceeds of sale; and\nmust keep and deal with the remainder of the proceeds as if the remainder were the prize in the lottery.\nOn disposal of a prize under subsection (2) , entitlement to the prize is converted to an entitlement to the remainder kept.\ns 131 amd 2007 No. 22 s 3 sch 1\n(sec.131-ssec.1) This section applies to a prize in an approved lottery if— it is property other than money or lottery tickets; and it is not paid or collected within 3 months after the closure of the lottery.\n(sec.131-ssec.2) The lottery operator— may dispose of the property by public auction or tender or in some other way approved by the chief executive; and may pay for the disposal from the proceeds of sale; and must keep and deal with the remainder of the proceeds as if the remainder were the prize in the lottery.\n(sec.131-ssec.3) On disposal of a prize under subsection (2) , entitlement to the prize is converted to an entitlement to the remainder kept.\n- (a) it is property other than money or lottery tickets; and\n- (b) it is not paid or collected within 3 months after the closure of the lottery.\n- (a) may dispose of the property by public auction or tender or in some other way approved by the chief executive; and\n- (b) may pay for the disposal from the proceeds of sale; and\n- (c) must keep and deal with the remainder of the proceeds as if the remainder were the prize in the lottery.","sortOrder":193},{"sectionNumber":"sec.131A","sectionType":"section","heading":"Payment of unclaimed major prizes into the Treasurer’s unclaimed moneys fund","content":"### sec.131A Payment of unclaimed major prizes into the Treasurer’s unclaimed moneys fund\n\nThis section applies to a prize in an approved lottery if—\nit is 3 months since the closure of the lottery; and\nthe prize has not been claimed by the person entitled to it; and\nthe prize has a value of at least the relevant amount.\nIf it is a monetary prize, the lottery operator must pay the amount of the prize to the chief executive.\nIf it is a non-monetary prize, the lottery operator must, as soon as practicable and in any case within 6 months after the closure of the lottery—\ndispose of the prize under section 131 ; and\npay the amount of the proceeds, less the cost of disposal, to the chief executive.\nHowever, the chief executive may allow a longer time for disposal of a non-monetary prize if the chief executive considers it would be reasonable to do so having regard to all the circumstances including the nature of the prize.\nThe chief executive must pay the amount received under subsection (2) or (3) into the Treasurer’s unclaimed moneys fund.\nIf, after the amount is paid into the Treasurer’s unclaimed moneys fund, the lottery operator is required under section 130 to pay the prize, the lottery operator may give the chief executive a written request in the approved form to be repaid the amount.\nOn receiving a request under subsection (6) , the chief executive must—\npay the amount from the Treasurer’s unclaimed moneys fund; or\nif the amount has been paid into the consolidated fund under the Financial Accountability Act 2009 , section 97 —pay the amount from the consolidated fund without further appropriation.\nIn this section—\nrelevant amount means the amount, at least $500,000, prescribed under a regulation for this section.\nTreasurer’s unclaimed moneys fund means the fund by that name kept under the Financial Accountability Act 2009 , section 97 .\nvalue , of a prize, means—\nif it is a monetary prize consisting of 1 payment—the amount of the payment; or\nif it is a monetary prize consisting of 2 or more payments—the total amount of the payments; or\nif it is a non-monetary prize—the amount, or highest amount, claimed to be the prize’s value by the lottery operator in promotional material or other information made publicly available for the lottery.\ns 131A ins 2007 No. 22 s 50\namd 2009 No. 9 s 136 sch 1\n(sec.131A-ssec.1) This section applies to a prize in an approved lottery if— it is 3 months since the closure of the lottery; and the prize has not been claimed by the person entitled to it; and the prize has a value of at least the relevant amount.\n(sec.131A-ssec.2) If it is a monetary prize, the lottery operator must pay the amount of the prize to the chief executive.\n(sec.131A-ssec.3) If it is a non-monetary prize, the lottery operator must, as soon as practicable and in any case within 6 months after the closure of the lottery— dispose of the prize under section 131 ; and pay the amount of the proceeds, less the cost of disposal, to the chief executive.\n(sec.131A-ssec.4) However, the chief executive may allow a longer time for disposal of a non-monetary prize if the chief executive considers it would be reasonable to do so having regard to all the circumstances including the nature of the prize.\n(sec.131A-ssec.5) The chief executive must pay the amount received under subsection (2) or (3) into the Treasurer’s unclaimed moneys fund.\n(sec.131A-ssec.6) If, after the amount is paid into the Treasurer’s unclaimed moneys fund, the lottery operator is required under section 130 to pay the prize, the lottery operator may give the chief executive a written request in the approved form to be repaid the amount.\n(sec.131A-ssec.7) On receiving a request under subsection (6) , the chief executive must— pay the amount from the Treasurer’s unclaimed moneys fund; or if the amount has been paid into the consolidated fund under the Financial Accountability Act 2009 , section 97 —pay the amount from the consolidated fund without further appropriation.\n(sec.131A-ssec.8) In this section— relevant amount means the amount, at least $500,000, prescribed under a regulation for this section. Treasurer’s unclaimed moneys fund means the fund by that name kept under the Financial Accountability Act 2009 , section 97 . value , of a prize, means— if it is a monetary prize consisting of 1 payment—the amount of the payment; or if it is a monetary prize consisting of 2 or more payments—the total amount of the payments; or if it is a non-monetary prize—the amount, or highest amount, claimed to be the prize’s value by the lottery operator in promotional material or other information made publicly available for the lottery.\n- (a) it is 3 months since the closure of the lottery; and\n- (b) the prize has not been claimed by the person entitled to it; and\n- (c) the prize has a value of at least the relevant amount.\n- (a) dispose of the prize under section 131 ; and\n- (b) pay the amount of the proceeds, less the cost of disposal, to the chief executive.\n- (a) pay the amount from the Treasurer’s unclaimed moneys fund; or\n- (b) if the amount has been paid into the consolidated fund under the Financial Accountability Act 2009 , section 97 —pay the amount from the consolidated fund without further appropriation.\n- (a) if it is a monetary prize consisting of 1 payment—the amount of the payment; or\n- (b) if it is a monetary prize consisting of 2 or more payments—the total amount of the payments; or\n- (c) if it is a non-monetary prize—the amount, or highest amount, claimed to be the prize’s value by the lottery operator in promotional material or other information made publicly available for the lottery.","sortOrder":194},{"sectionNumber":"sec.131B","sectionType":"section","heading":"Payment of other unclaimed prizes into the consolidated fund","content":"### sec.131B Payment of other unclaimed prizes into the consolidated fund\n\nThis section applies to a prize in an approved lottery, other than a prize to which section 131A applies, if—\nit is 7 years since the closure of the lottery; and\nthe prize has not been claimed by the person entitled to it; and\nthe prize has not been used for a prize or additional prize, or in another way, under section 132 .\nIf it is a monetary prize, the lottery operator must pay the amount of the prize to the chief executive.\nIf it is a non-monetary prize, the lottery operator must, as soon as practicable—\ndispose of the prize under section 131 ; and\npay the amount of the proceeds, less the cost of disposal, to the chief executive.\nThe chief executive must pay the amount received under subsection (2) or (3) into the consolidated fund.\ns 131B ins 2007 No. 22 s 50\n(sec.131B-ssec.1) This section applies to a prize in an approved lottery, other than a prize to which section 131A applies, if— it is 7 years since the closure of the lottery; and the prize has not been claimed by the person entitled to it; and the prize has not been used for a prize or additional prize, or in another way, under section 132 .\n(sec.131B-ssec.2) If it is a monetary prize, the lottery operator must pay the amount of the prize to the chief executive.\n(sec.131B-ssec.3) If it is a non-monetary prize, the lottery operator must, as soon as practicable— dispose of the prize under section 131 ; and pay the amount of the proceeds, less the cost of disposal, to the chief executive.\n(sec.131B-ssec.4) The chief executive must pay the amount received under subsection (2) or (3) into the consolidated fund.\n- (a) it is 7 years since the closure of the lottery; and\n- (b) the prize has not been claimed by the person entitled to it; and\n- (c) the prize has not been used for a prize or additional prize, or in another way, under section 132 .\n- (a) dispose of the prize under section 131 ; and\n- (b) pay the amount of the proceeds, less the cost of disposal, to the chief executive.","sortOrder":195},{"sectionNumber":"sec.132","sectionType":"section","heading":"Unclaimed prizes generally","content":"### sec.132 Unclaimed prizes generally\n\nIf a prize in an approved lottery is not paid to a person who is entitled to the prize under the rules, the lottery operator must identify the prize in its accounting records as unclaimed prize money for 7 years after the closure of the lottery.\nAfter unclaimed money has been identified under subsection (1) for 1 year, the lottery operator may use the money for a prize or additional prize in an approved lottery or, with the approval of the chief executive, in another way.\nThis section does not affect a person’s entitlement to claim a prize in an approved lottery for 7 years after the closure of the lottery.\ns 132 amd 2007 No. 22 s 3 sch 1\n(sec.132-ssec.1) If a prize in an approved lottery is not paid to a person who is entitled to the prize under the rules, the lottery operator must identify the prize in its accounting records as unclaimed prize money for 7 years after the closure of the lottery.\n(sec.132-ssec.2) After unclaimed money has been identified under subsection (1) for 1 year, the lottery operator may use the money for a prize or additional prize in an approved lottery or, with the approval of the chief executive, in another way.\n(sec.132-ssec.3) This section does not affect a person’s entitlement to claim a prize in an approved lottery for 7 years after the closure of the lottery.","sortOrder":196},{"sectionNumber":"sec.132AA","sectionType":"section","heading":"Former lottery operators","content":"### sec.132AA Former lottery operators\n\nThis section applies if a person stops being a lottery operator.\nThis section applies in relation to the following approved lotteries conducted by the person ( relevant lotteries )—\na lottery that closed within 7 years before the person stopped being a lottery operator;\nanother lottery for which there is any prize money that the person has not paid but is required to pay (including amounts the person is required to pay at a later time).\na lottery, closed 10 years ago, for which the prize consisted of a particular amount paid to the prize winner at the end of each year for 20 years\nThe person must pay to the chief executive the amount of all the prize money for relevant lotteries that has not been—\npaid to someone entitled to it as a prize under this Act; or\npaid to the chief executive under this Act; or\nused for a prize or additional prize, or in another way, under section 132 .\nIf the person has used an amount for a prize or additional prize, or in another way, under section 132 , the chief executive may—\ndecide, on the advice of an actuary, the amount of prizes for relevant lotteries that has not yet been claimed under this Act but is likely to be claimed (the likely claims amount ); and\nif the amount the person has paid to the chief executive is less than the likely claims amount, give the person a notice stating—\nthe likely claims amount; and\nhow the likely claims amount was decided; and\nthat the person must make a further payment to the chief executive to meet the likely claims amount; and\nthe day, not less than 30 days after the notice is given, by which the person must make the payment; and\nthat the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision about the likely claims amount; and\nhow the person may apply for the review.\nThe person must comply with a notice under subsection (4) (b) .\nA reference in subsection (3) to prize money includes an amount held after dealing with a non-monetary prize under section 131 .\nThe person must give to the chief executive anything other than money that—\nis a prize for a relevant lottery; and\nhas not been given to someone entitled to it under this Act; and\nhas not been dealt with under section 131 .\nSections 129 to 131 apply, as if the chief executive were the lottery operator, in relation to prizes for relevant lotteries that have been paid or given to the chief executive under this section.\nAmounts received by the chief executive are to be paid into the consolidated fund.\nIf, after an amount of a prize is paid into the consolidated fund under this section, the chief executive is required under section 130 to pay the prize, the chief executive must pay the amount from the consolidated fund without further appropriation.\ns 132AA ins 2007 No. 22 s 51\namd 2009 No. 24 s 648\n(sec.132AA-ssec.1) This section applies if a person stops being a lottery operator.\n(sec.132AA-ssec.2) This section applies in relation to the following approved lotteries conducted by the person ( relevant lotteries )— a lottery that closed within 7 years before the person stopped being a lottery operator; another lottery for which there is any prize money that the person has not paid but is required to pay (including amounts the person is required to pay at a later time). a lottery, closed 10 years ago, for which the prize consisted of a particular amount paid to the prize winner at the end of each year for 20 years\n(sec.132AA-ssec.3) The person must pay to the chief executive the amount of all the prize money for relevant lotteries that has not been— paid to someone entitled to it as a prize under this Act; or paid to the chief executive under this Act; or used for a prize or additional prize, or in another way, under section 132 .\n(sec.132AA-ssec.4) If the person has used an amount for a prize or additional prize, or in another way, under section 132 , the chief executive may— decide, on the advice of an actuary, the amount of prizes for relevant lotteries that has not yet been claimed under this Act but is likely to be claimed (the likely claims amount ); and if the amount the person has paid to the chief executive is less than the likely claims amount, give the person a notice stating— the likely claims amount; and how the likely claims amount was decided; and that the person must make a further payment to the chief executive to meet the likely claims amount; and the day, not less than 30 days after the notice is given, by which the person must make the payment; and that the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision about the likely claims amount; and how the person may apply for the review.\n(sec.132AA-ssec.5) The person must comply with a notice under subsection (4) (b) .\n(sec.132AA-ssec.6) A reference in subsection (3) to prize money includes an amount held after dealing with a non-monetary prize under section 131 .\n(sec.132AA-ssec.7) The person must give to the chief executive anything other than money that— is a prize for a relevant lottery; and has not been given to someone entitled to it under this Act; and has not been dealt with under section 131 .\n(sec.132AA-ssec.8) Sections 129 to 131 apply, as if the chief executive were the lottery operator, in relation to prizes for relevant lotteries that have been paid or given to the chief executive under this section.\n(sec.132AA-ssec.9) Amounts received by the chief executive are to be paid into the consolidated fund.\n(sec.132AA-ssec.10) If, after an amount of a prize is paid into the consolidated fund under this section, the chief executive is required under section 130 to pay the prize, the chief executive must pay the amount from the consolidated fund without further appropriation.\n- (a) a lottery that closed within 7 years before the person stopped being a lottery operator;\n- (b) another lottery for which there is any prize money that the person has not paid but is required to pay (including amounts the person is required to pay at a later time). Example for paragraph (b) — a lottery, closed 10 years ago, for which the prize consisted of a particular amount paid to the prize winner at the end of each year for 20 years\n- (a) paid to someone entitled to it as a prize under this Act; or\n- (b) paid to the chief executive under this Act; or\n- (c) used for a prize or additional prize, or in another way, under section 132 .\n- (a) decide, on the advice of an actuary, the amount of prizes for relevant lotteries that has not yet been claimed under this Act but is likely to be claimed (the likely claims amount ); and\n- (b) if the amount the person has paid to the chief executive is less than the likely claims amount, give the person a notice stating— (i) the likely claims amount; and (ii) how the likely claims amount was decided; and (iii) that the person must make a further payment to the chief executive to meet the likely claims amount; and (iv) the day, not less than 30 days after the notice is given, by which the person must make the payment; and (v) that the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision about the likely claims amount; and (vi) how the person may apply for the review.\n- (i) the likely claims amount; and\n- (ii) how the likely claims amount was decided; and\n- (iii) that the person must make a further payment to the chief executive to meet the likely claims amount; and\n- (iv) the day, not less than 30 days after the notice is given, by which the person must make the payment; and\n- (v) that the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision about the likely claims amount; and\n- (vi) how the person may apply for the review.\n- (i) the likely claims amount; and\n- (ii) how the likely claims amount was decided; and\n- (iii) that the person must make a further payment to the chief executive to meet the likely claims amount; and\n- (iv) the day, not less than 30 days after the notice is given, by which the person must make the payment; and\n- (v) that the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision about the likely claims amount; and\n- (vi) how the person may apply for the review.\n- (a) is a prize for a relevant lottery; and\n- (b) has not been given to someone entitled to it under this Act; and\n- (c) has not been dealt with under section 131 .","sortOrder":197},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Relationship of provisions about unclaimed prizes with Public Trustee Act","content":"### sec.132A Relationship of provisions about unclaimed prizes with Public Trustee Act\n\nSections 131 to 132AA have effect despite the Public Trustee Act 1978 , part 8 .\ns 132A ins 1999 No. 8 s 134\namd 2007 No. 22 s 52","sortOrder":198},{"sectionNumber":"sec.133","sectionType":"section","heading":"Approval of regulated lottery equipment","content":"### sec.133 Approval of regulated lottery equipment\n\nA lottery operator may apply to the chief executive—\nfor an approval for regulated lottery equipment proposed to be used in the conduct of lotteries by the lottery operator; or\nfor approval to modify regulated lottery equipment used in the conduct of lotteries by the lottery operator.\nThe chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated the chief executive must—\ncarry out the evaluation; or\ndirect the lottery operator—\nto arrange to have the equipment evaluated by an approved evaluator; and\nto give the chief executive a written report of the evaluation.\nIf the chief executive carries out an evaluation of the equipment—\nthe lottery operator must pay the fee prescribed under a regulation for the evaluation to the chief executive; and\nif an amount of the fee is not paid by the lottery operator, the State may recover the amount from the lottery operator as a debt.\nAfter considering the application and any evaluation of equipment, the chief executive must decide to—\ngrant the approval; or\ngrant the approval with conditions; or\nrefuse to grant the approval.\nThe chief executive may refuse to grant an approval if—\nthe fee payable for an evaluation carried out by the chief executive is not paid; or\nthe lottery operator fails to comply with a direction of the chief executive under subsection (2) (b) .\nWhen the chief executive makes a decision under subsection (4) , the chief executive must—\nfor a decision to grant an approval—immediately give the lottery operator written notice of the decision; or\nfor a decision to grant an approval with conditions—immediately give the lottery operator an information notice for the decision; or\nfor a decision to refuse to grant an approval—immediately give the lottery operator an information notice for the decision.\nThe chief executive may act under subsection (8) only if, having regard to the objects of this Act, the chief executive considers taking the action is—\nnecessary or appropriate for the proper conduct of lotteries; or\notherwise in the public interest.\nAt any time after granting an approval, the chief executive may decide to—\nimpose conditions on the approval, whether or not the approval is already subject to conditions; or\nvary a condition of the approval; or\nremove a condition of the approval.\nWhen the chief executive makes a decision under subsection (8) , the chief executive must—\nfor a decision to impose a condition on an approval—give the lottery operator for the approval an information notice for the decision; or\nfor a decision to vary a condition of an approval—give the lottery operator for the approval an information notice for the decision; or\nfor a decision to remove a condition of an approval—give the lottery operator for the approval written notice of the decision.\ns 133 amd 1999 No. 77 s 197 ; 2007 No. 22 s 3 sch 1 ; 2022 No. 23 s 93\n(sec.133-ssec.1) A lottery operator may apply to the chief executive— for an approval for regulated lottery equipment proposed to be used in the conduct of lotteries by the lottery operator; or for approval to modify regulated lottery equipment used in the conduct of lotteries by the lottery operator.\n(sec.133-ssec.2) The chief executive must consider the application and if, for deciding the application, the chief executive considers it is necessary for the equipment, or the equipment as proposed to be modified, to be evaluated the chief executive must— carry out the evaluation; or direct the lottery operator— to arrange to have the equipment evaluated by an approved evaluator; and to give the chief executive a written report of the evaluation.\n(sec.133-ssec.3) If the chief executive carries out an evaluation of the equipment— the lottery operator must pay the fee prescribed under a regulation for the evaluation to the chief executive; and if an amount of the fee is not paid by the lottery operator, the State may recover the amount from the lottery operator as a debt.\n(sec.133-ssec.4) After considering the application and any evaluation of equipment, the chief executive must decide to— grant the approval; or grant the approval with conditions; or refuse to grant the approval.\n(sec.133-ssec.5) The chief executive may refuse to grant an approval if— the fee payable for an evaluation carried out by the chief executive is not paid; or the lottery operator fails to comply with a direction of the chief executive under subsection (2) (b) .\n(sec.133-ssec.6) When the chief executive makes a decision under subsection (4) , the chief executive must— for a decision to grant an approval—immediately give the lottery operator written notice of the decision; or for a decision to grant an approval with conditions—immediately give the lottery operator an information notice for the decision; or for a decision to refuse to grant an approval—immediately give the lottery operator an information notice for the decision.\n(sec.133-ssec.7) The chief executive may act under subsection (8) only if, having regard to the objects of this Act, the chief executive considers taking the action is— necessary or appropriate for the proper conduct of lotteries; or otherwise in the public interest.\n(sec.133-ssec.8) At any time after granting an approval, the chief executive may decide to— impose conditions on the approval, whether or not the approval is already subject to conditions; or vary a condition of the approval; or remove a condition of the approval.\n(sec.133-ssec.9) When the chief executive makes a decision under subsection (8) , the chief executive must— for a decision to impose a condition on an approval—give the lottery operator for the approval an information notice for the decision; or for a decision to vary a condition of an approval—give the lottery operator for the approval an information notice for the decision; or for a decision to remove a condition of an approval—give the lottery operator for the approval written notice of the decision.\n- (a) for an approval for regulated lottery equipment proposed to be used in the conduct of lotteries by the lottery operator; or\n- (b) for approval to modify regulated lottery equipment used in the conduct of lotteries by the lottery operator.\n- (a) carry out the evaluation; or\n- (b) direct the lottery operator— (i) to arrange to have the equipment evaluated by an approved evaluator; and (ii) to give the chief executive a written report of the evaluation.\n- (i) to arrange to have the equipment evaluated by an approved evaluator; and\n- (ii) to give the chief executive a written report of the evaluation.\n- (i) to arrange to have the equipment evaluated by an approved evaluator; and\n- (ii) to give the chief executive a written report of the evaluation.\n- (a) the lottery operator must pay the fee prescribed under a regulation for the evaluation to the chief executive; and\n- (b) if an amount of the fee is not paid by the lottery operator, the State may recover the amount from the lottery operator as a debt.\n- (a) grant the approval; or\n- (b) grant the approval with conditions; or\n- (c) refuse to grant the approval.\n- (a) the fee payable for an evaluation carried out by the chief executive is not paid; or\n- (b) the lottery operator fails to comply with a direction of the chief executive under subsection (2) (b) .\n- (a) for a decision to grant an approval—immediately give the lottery operator written notice of the decision; or\n- (b) for a decision to grant an approval with conditions—immediately give the lottery operator an information notice for the decision; or\n- (c) for a decision to refuse to grant an approval—immediately give the lottery operator an information notice for the decision.\n- (a) necessary or appropriate for the proper conduct of lotteries; or\n- (b) otherwise in the public interest.\n- (a) impose conditions on the approval, whether or not the approval is already subject to conditions; or\n- (b) vary a condition of the approval; or\n- (c) remove a condition of the approval.\n- (a) for a decision to impose a condition on an approval—give the lottery operator for the approval an information notice for the decision; or\n- (b) for a decision to vary a condition of an approval—give the lottery operator for the approval an information notice for the decision; or\n- (c) for a decision to remove a condition of an approval—give the lottery operator for the approval written notice of the decision.","sortOrder":199},{"sectionNumber":"sec.134","sectionType":"section","heading":"Use of regulated lottery equipment","content":"### sec.134 Use of regulated lottery equipment\n\nA lottery operator must not use any regulated lottery equipment in conducting an approved lottery unless the equipment is approved lottery equipment.\nMaximum penalty—200 penalty units.\nA lottery agent must not use any regulated lottery equipment for the conduct of an approved lottery for the lottery operator by whom the agent was appointed unless the equipment is approved lottery equipment.\nMaximum penalty—200 penalty units.\nA lottery operator or agent must not modify approved lottery equipment unless the modification is approved by the chief executive in writing.\nMaximum penalty—200 penalty units.\nA lottery operator or agent must not use approved lottery equipment in conducting an approved lottery unless the use is consistent with an approval for the equipment or a modification of the equipment under section 133 , including any conditions of the approval.\nMaximum penalty—200 penalty units.\ns 134 amd 2004 No. 21 s 95 ; 2007 No. 22 s 3 sch 1 ; 2022 No. 23 s 94\n(sec.134-ssec.1) A lottery operator must not use any regulated lottery equipment in conducting an approved lottery unless the equipment is approved lottery equipment. Maximum penalty—200 penalty units.\n(sec.134-ssec.2) A lottery agent must not use any regulated lottery equipment for the conduct of an approved lottery for the lottery operator by whom the agent was appointed unless the equipment is approved lottery equipment. Maximum penalty—200 penalty units.\n(sec.134-ssec.3) A lottery operator or agent must not modify approved lottery equipment unless the modification is approved by the chief executive in writing. Maximum penalty—200 penalty units.\n(sec.134-ssec.4) A lottery operator or agent must not use approved lottery equipment in conducting an approved lottery unless the use is consistent with an approval for the equipment or a modification of the equipment under section 133 , including any conditions of the approval. Maximum penalty—200 penalty units.","sortOrder":200},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Approved evaluators","content":"### sec.134A Approved evaluators\n\nThe Governor in Council may, under a regulation, declare an entity to be an approved entity for evaluating regulated lottery equipment.\ns 134A ins 1999 No. 77 s 198","sortOrder":201},{"sectionNumber":"sec.135","sectionType":"section","heading":"Advertising lotteries","content":"### sec.135 Advertising lotteries\n\nA person who advertises an approved lottery must take reasonable steps to ensure that the advertisement—\nis not indecent or offensive; and\nis based on fact; and\nis not false, deceptive or misleading in a material particular.\n- (a) is not indecent or offensive; and\n- (b) is based on fact; and\n- (c) is not false, deceptive or misleading in a material particular.","sortOrder":202},{"sectionNumber":"sec.136","sectionType":"section","heading":"Directions about advertising","content":"### sec.136 Directions about advertising\n\nIf the chief executive reasonably believes an advertisement about a lottery does not comply with section 135 , the chief executive may direct the person appearing to be responsible for authorising the advertisement to take the appropriate steps—\nto stop the advertisement being shown; or\nto change the advertisement.\nThe direction must—\nbe in writing; and\nstate the grounds for the direction; and\nfor a direction to change the advertisement—state how the advertisement is to be changed.\nA person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.136-ssec.1) If the chief executive reasonably believes an advertisement about a lottery does not comply with section 135 , the chief executive may direct the person appearing to be responsible for authorising the advertisement to take the appropriate steps— to stop the advertisement being shown; or to change the advertisement.\n(sec.136-ssec.2) The direction must— be in writing; and state the grounds for the direction; and for a direction to change the advertisement—state how the advertisement is to be changed.\n(sec.136-ssec.3) A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units.\n- (a) to stop the advertisement being shown; or\n- (b) to change the advertisement.\n- (a) be in writing; and\n- (b) state the grounds for the direction; and\n- (c) for a direction to change the advertisement—state how the advertisement is to be changed.","sortOrder":203},{"sectionNumber":"sec.137","sectionType":"section","heading":"Inquiries about complaints","content":"### sec.137 Inquiries about complaints\n\nA lottery operator must inquire into—\na complaint made to the lottery operator by a person about—\nthe conduct of an approved lottery by the lottery operator; or\nthe operations of a lottery agent of the lottery operator relating to an approved lottery conducted by the lottery operator; or\na complaint referred to the lottery operator by the chief executive under subsection (3) .\nWithin 21 days after the complaint is received by, or referred to, the lottery operator, the lottery operator must give written notice of the result of the inquiry to—\nthe complainant; and\nif the complaint was referred to the lottery operator by the chief executive—the chief executive.\nIf a complaint is made to the chief executive by a person about the conduct of an approved lottery, or the operations of a lottery agent relating to an approved lottery, the chief executive must promptly—\ninquire into the complaint; or\nif the chief executive believes the complaint has not previously been referred to the lottery operator who conducted the lottery and that it is appropriate to refer the complaint to the lottery operator—refer the complaint to the lottery operator.\nThe chief executive must promptly advise the complainant of—\nthe result of the chief executive’s inquiry; or\nthe chief executive’s decision to refer the complaint to the lottery operator.\nA complaint must—\nbe in writing; and\nstate the complainant’s name and address; and\ngive appropriate details of the complaint.\ns 137 amd 2007 No. 22 s 3 sch 1\n(sec.137-ssec.1) A lottery operator must inquire into— a complaint made to the lottery operator by a person about— the conduct of an approved lottery by the lottery operator; or the operations of a lottery agent of the lottery operator relating to an approved lottery conducted by the lottery operator; or a complaint referred to the lottery operator by the chief executive under subsection (3) .\n(sec.137-ssec.2) Within 21 days after the complaint is received by, or referred to, the lottery operator, the lottery operator must give written notice of the result of the inquiry to— the complainant; and if the complaint was referred to the lottery operator by the chief executive—the chief executive.\n(sec.137-ssec.3) If a complaint is made to the chief executive by a person about the conduct of an approved lottery, or the operations of a lottery agent relating to an approved lottery, the chief executive must promptly— inquire into the complaint; or if the chief executive believes the complaint has not previously been referred to the lottery operator who conducted the lottery and that it is appropriate to refer the complaint to the lottery operator—refer the complaint to the lottery operator.\n(sec.137-ssec.4) The chief executive must promptly advise the complainant of— the result of the chief executive’s inquiry; or the chief executive’s decision to refer the complaint to the lottery operator.\n(sec.137-ssec.5) A complaint must— be in writing; and state the complainant’s name and address; and give appropriate details of the complaint.\n- (a) a complaint made to the lottery operator by a person about— (i) the conduct of an approved lottery by the lottery operator; or (ii) the operations of a lottery agent of the lottery operator relating to an approved lottery conducted by the lottery operator; or\n- (i) the conduct of an approved lottery by the lottery operator; or\n- (ii) the operations of a lottery agent of the lottery operator relating to an approved lottery conducted by the lottery operator; or\n- (b) a complaint referred to the lottery operator by the chief executive under subsection (3) .\n- (i) the conduct of an approved lottery by the lottery operator; or\n- (ii) the operations of a lottery agent of the lottery operator relating to an approved lottery conducted by the lottery operator; or\n- (a) the complainant; and\n- (b) if the complaint was referred to the lottery operator by the chief executive—the chief executive.\n- (a) inquire into the complaint; or\n- (b) if the chief executive believes the complaint has not previously been referred to the lottery operator who conducted the lottery and that it is appropriate to refer the complaint to the lottery operator—refer the complaint to the lottery operator.\n- (a) the result of the chief executive’s inquiry; or\n- (b) the chief executive’s decision to refer the complaint to the lottery operator.\n- (a) be in writing; and\n- (b) state the complainant’s name and address; and\n- (c) give appropriate details of the complaint.","sortOrder":204},{"sectionNumber":"sec.138","sectionType":"section","heading":"Claims for payment","content":"### sec.138 Claims for payment\n\nIf a claim for payment of a prize in an approved lottery is made to a lottery operator, the lottery operator must—\nimmediately try to resolve the claim; and\nif the lottery operator is not able to resolve the claim—by written notice (a claim result notice ) given to the claimant, promptly inform the claimant—\nof the lottery operator’s decision on the claim; and\nthat the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\nIf the claim is not resolved, the claimant may ask the chief executive to review the lottery operator’s decision on the claim, or if the claimant has not received a claim result notice, to resolve the claim.\nA request to the chief executive under subsection (2) —\nmust be in the approved form; and\nif the claimant received a claim result notice—must be made within 10 days after receiving the notice.\nIf a request is made to the chief executive, the chief executive must deal with the request in the way prescribed under a regulation.\ns 138 amd 2007 No. 22 s 3 sch 1\n(sec.138-ssec.1) If a claim for payment of a prize in an approved lottery is made to a lottery operator, the lottery operator must— immediately try to resolve the claim; and if the lottery operator is not able to resolve the claim—by written notice (a claim result notice ) given to the claimant, promptly inform the claimant— of the lottery operator’s decision on the claim; and that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\n(sec.138-ssec.2) If the claim is not resolved, the claimant may ask the chief executive to review the lottery operator’s decision on the claim, or if the claimant has not received a claim result notice, to resolve the claim.\n(sec.138-ssec.3) A request to the chief executive under subsection (2) — must be in the approved form; and if the claimant received a claim result notice—must be made within 10 days after receiving the notice.\n(sec.138-ssec.4) If a request is made to the chief executive, the chief executive must deal with the request in the way prescribed under a regulation.\n- (a) immediately try to resolve the claim; and\n- (b) if the lottery operator is not able to resolve the claim—by written notice (a claim result notice ) given to the claimant, promptly inform the claimant— (i) of the lottery operator’s decision on the claim; and (ii) that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\n- (i) of the lottery operator’s decision on the claim; and\n- (ii) that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\n- (i) of the lottery operator’s decision on the claim; and\n- (ii) that the person may, within 10 days of receiving the notice, ask the chief executive to review the decision.\n- (a) must be in the approved form; and\n- (b) if the claimant received a claim result notice—must be made within 10 days after receiving the notice.","sortOrder":205},{"sectionNumber":"sec.139","sectionType":"section","heading":"Reporting improper behaviour","content":"### sec.139 Reporting improper behaviour\n\nThis section applies if a lottery operator becomes aware, or reasonably suspects, that—\na person, by a dishonest act, has obtained a benefit for the person or another person in relation to an approved lottery conducted by the lottery operator; or\nthere has been a contravention of this Act, in relation to the conduct of an approved lottery, by a lottery agent, an employee of a lottery agent or another person.\nThis section also applies if a lottery agent becomes aware, or reasonably suspects, that—\na person, by a dishonest act, has obtained a benefit for the person or another person in relation to an approved lottery conducted by the lottery operator by whom the agent is appointed; or\nthere has been a contravention of this Act, in relation to the conduct of an approved lottery, by an employee of the agent or by another person.\nWithin 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the lottery operator or agent must give the chief executive a written notice advising the chief executive of all facts known to the lottery operator or agent about the matter.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not mistreat another person because—\nthe other person has given, or may give, a notice under this section; or\nthe person believes the other person has given, or may give, a notice under this section.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\ndishonest act means fraud, misrepresentation or theft.\nmistreat a person means—\nend the person’s employment or prejudice the career of the person in another way; or\nprejudice the safety of the person; or\nintimidate or harass the person.\ns 139 amd 2007 No. 22 s 3 sch 1\n(sec.139-ssec.1) This section applies if a lottery operator becomes aware, or reasonably suspects, that— a person, by a dishonest act, has obtained a benefit for the person or another person in relation to an approved lottery conducted by the lottery operator; or there has been a contravention of this Act, in relation to the conduct of an approved lottery, by a lottery agent, an employee of a lottery agent or another person.\n(sec.139-ssec.2) This section also applies if a lottery agent becomes aware, or reasonably suspects, that— a person, by a dishonest act, has obtained a benefit for the person or another person in relation to an approved lottery conducted by the lottery operator by whom the agent is appointed; or there has been a contravention of this Act, in relation to the conduct of an approved lottery, by an employee of the agent or by another person.\n(sec.139-ssec.3) Within 3 days of becoming aware of, or suspecting, the dishonest act or contravention, the lottery operator or agent must give the chief executive a written notice advising the chief executive of all facts known to the lottery operator or agent about the matter. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.139-ssec.4) A person must not mistreat another person because— the other person has given, or may give, a notice under this section; or the person believes the other person has given, or may give, a notice under this section. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.139-ssec.5) In this section— dishonest act means fraud, misrepresentation or theft. mistreat a person means— end the person’s employment or prejudice the career of the person in another way; or prejudice the safety of the person; or intimidate or harass the person.\n- (a) a person, by a dishonest act, has obtained a benefit for the person or another person in relation to an approved lottery conducted by the lottery operator; or\n- (b) there has been a contravention of this Act, in relation to the conduct of an approved lottery, by a lottery agent, an employee of a lottery agent or another person.\n- (a) a person, by a dishonest act, has obtained a benefit for the person or another person in relation to an approved lottery conducted by the lottery operator by whom the agent is appointed; or\n- (b) there has been a contravention of this Act, in relation to the conduct of an approved lottery, by an employee of the agent or by another person.\n- (a) the other person has given, or may give, a notice under this section; or\n- (b) the person believes the other person has given, or may give, a notice under this section.\n- (a) end the person’s employment or prejudice the career of the person in another way; or\n- (b) prejudice the safety of the person; or\n- (c) intimidate or harass the person.","sortOrder":206},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Lottery offences","content":"## Lottery offences","sortOrder":207},{"sectionNumber":"sec.140","sectionType":"section","heading":"Cheating","content":"### sec.140 Cheating\n\nA person must not, in relation to an approved lottery, dishonestly obtain a benefit by—\nan act, practice or scheme; or\nthe use of a thing.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nFor subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.\n(sec.140-ssec.1) A person must not, in relation to an approved lottery, dishonestly obtain a benefit by— an act, practice or scheme; or the use of a thing. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.140-ssec.2) For subsection (1) , a person obtains a benefit if the person obtains for the person or another person, or induces a person to deliver, give or credit to the person or another person, any money, benefit, advantage, valuable consideration or security.\n- (a) an act, practice or scheme; or\n- (b) the use of a thing.","sortOrder":208},{"sectionNumber":"sec.141","sectionType":"section","heading":"Forgery and deception","content":"### sec.141 Forgery and deception\n\nA person must not—\nforge an official lottery document; or\nknowingly utter a forged official lottery document.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not connive at the commission of an offence against subsection (1) .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person forges a document if the person makes a false document, knowing it to be false, with the intention that—\nit may be used or acted on to the prejudice or benefit of a person; or\na person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\nWithout limiting subsection (3) , a genuine document may become a false document because of—\nan alteration of the document in a material respect; or\nan addition to the body of the document in a material respect; or\nan addition of a false date, signature, attestation, seal or other material matter.\nA person utters a document if the person—\nuses or deals with the document; or\nattempts to use or deal with the document; or\ninduces a person to use, deal with or act on the document; or\nattempts to induce a person to use, deal with or act on the document.\n(sec.141-ssec.1) A person must not— forge an official lottery document; or knowingly utter a forged official lottery document. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.141-ssec.2) A person must not connive at the commission of an offence against subsection (1) . Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.141-ssec.3) A person forges a document if the person makes a false document, knowing it to be false, with the intention that— it may be used or acted on to the prejudice or benefit of a person; or a person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\n(sec.141-ssec.4) Without limiting subsection (3) , a genuine document may become a false document because of— an alteration of the document in a material respect; or an addition to the body of the document in a material respect; or an addition of a false date, signature, attestation, seal or other material matter.\n(sec.141-ssec.5) A person utters a document if the person— uses or deals with the document; or attempts to use or deal with the document; or induces a person to use, deal with or act on the document; or attempts to induce a person to use, deal with or act on the document.\n- (a) forge an official lottery document; or\n- (b) knowingly utter a forged official lottery document.\n- (a) it may be used or acted on to the prejudice or benefit of a person; or\n- (b) a person may, in the belief that it is genuine, be induced to do, or refrain from doing, something.\n- (a) an alteration of the document in a material respect; or\n- (b) an addition to the body of the document in a material respect; or\n- (c) an addition of a false date, signature, attestation, seal or other material matter.\n- (a) uses or deals with the document; or\n- (b) attempts to use or deal with the document; or\n- (c) induces a person to use, deal with or act on the document; or\n- (d) attempts to induce a person to use, deal with or act on the document.","sortOrder":209},{"sectionNumber":"sec.142","sectionType":"section","heading":"Impersonating certain persons","content":"### sec.142 Impersonating certain persons\n\nA person must not pretend to be a lottery agent, a key person licensee or a lottery official.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not connive at the commission of an offence against subsection (1) .\nMaximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.\n(sec.142-ssec.1) A person must not pretend to be a lottery agent, a key person licensee or a lottery official. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.142-ssec.2) A person must not connive at the commission of an offence against subsection (1) . Maximum penalty for subsection (2) —200 penalty units or 2 years imprisonment.","sortOrder":210},{"sectionNumber":"sec.143","sectionType":"section","heading":"Bribery","content":"### sec.143 Bribery\n\nA lottery official must not ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the official or another person for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not give, confer or obtain, or promise or offer to give, confer or obtain, any money, property or benefit of any kind to, on or for a lottery official or another person for an improper purpose.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA lottery official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act—\nfor the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or\nbecause of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or\nfor the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by—\nif the act is done by the official—another person; or\nif the act is done by another person—that person or another person.\n(sec.143-ssec.1) A lottery official must not ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the official or another person for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.143-ssec.2) A person must not give, confer or obtain, or promise or offer to give, confer or obtain, any money, property or benefit of any kind to, on or for a lottery official or another person for an improper purpose. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.143-ssec.3) A lottery official or other person does an act mentioned in subsection (1) or (2) for an improper purpose if the official or other person does the act— for the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or because of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or for the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by— if the act is done by the official—another person; or if the act is done by another person—that person or another person.\n- (a) for the official to forego or neglect the official’s functions under this Act, or to influence the official in the performance of the official’s functions under this Act; or\n- (b) because of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the official in the performance of the official’s functions under this Act; or\n- (c) for the official to use, or take advantage of, the official’s office improperly to gain a benefit or advantage for, or facilitate the commission of an offence by— (i) if the act is done by the official—another person; or (ii) if the act is done by another person—that person or another person.\n- (i) if the act is done by the official—another person; or\n- (ii) if the act is done by another person—that person or another person.\n- (i) if the act is done by the official—another person; or\n- (ii) if the act is done by another person—that person or another person.","sortOrder":211},{"sectionNumber":"sec.144","sectionType":"section","heading":"Participation in lotteries by lottery employees or lottery officials","content":"### sec.144 Participation in lotteries by lottery employees or lottery officials\n\nA lottery employee (whether licensed or unlicensed) or a lottery official must not participate in a lottery if directly involved in the draw, supervising the draw, or recording the results of the draw, of the lottery.\nMaximum penalty—40 penalty units.\nA person who participates in a lottery contrary to a prohibition under subsection (1) is disqualified from winning any prize that the person might otherwise have won.\n(sec.144-ssec.1) A lottery employee (whether licensed or unlicensed) or a lottery official must not participate in a lottery if directly involved in the draw, supervising the draw, or recording the results of the draw, of the lottery. Maximum penalty—40 penalty units.\n(sec.144-ssec.2) A person who participates in a lottery contrary to a prohibition under subsection (1) is disqualified from winning any prize that the person might otherwise have won.","sortOrder":212},{"sectionNumber":"sec.145","sectionType":"section","heading":"Key officials","content":"### sec.145 Key officials\n\nThe chief executive may declare a lottery official to be a key official.\nThe chief executive may direct a key official—\nnot to participate in lotteries; or\nnot to participate in a lottery except in stated circumstances or for stated purposes; or\nnot to have a financial relationship with a primary licensee or a lottery agent.\nA declaration or direction—\nmust be made or given by written notice given to the lottery official; and\nmay only be made or given if the chief executive considers it appropriate to take the action in the public interest.\nA key official must not participate in a lottery in contravention of a direction given by the chief executive under this section.\nMaximum penalty for subsection (4) —40 penalty units.\ns 145 amd 2007 No. 22 s 3 sch 1\n(sec.145-ssec.1) The chief executive may declare a lottery official to be a key official.\n(sec.145-ssec.2) The chief executive may direct a key official— not to participate in lotteries; or not to participate in a lottery except in stated circumstances or for stated purposes; or not to have a financial relationship with a primary licensee or a lottery agent.\n(sec.145-ssec.3) A declaration or direction— must be made or given by written notice given to the lottery official; and may only be made or given if the chief executive considers it appropriate to take the action in the public interest.\n(sec.145-ssec.4) A key official must not participate in a lottery in contravention of a direction given by the chief executive under this section. Maximum penalty for subsection (4) —40 penalty units.\n- (a) not to participate in lotteries; or\n- (b) not to participate in a lottery except in stated circumstances or for stated purposes; or\n- (c) not to have a financial relationship with a primary licensee or a lottery agent.\n- (a) must be made or given by written notice given to the lottery official; and\n- (b) may only be made or given if the chief executive considers it appropriate to take the action in the public interest.","sortOrder":213},{"sectionNumber":"sec.146","sectionType":"section","heading":"Relationship of key officials with primary licensees and lottery agents","content":"### sec.146 Relationship of key officials with primary licensees and lottery agents\n\nThis section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with a primary licensee or lottery agent.\nA key official must not—\naccept or solicit employment from a primary licensee or lottery agent; or\nbe an employee in any capacity of a primary licensee or lottery agent; or\nknowingly have, directly or indirectly—\na business or financial association with a primary licensee or lottery agent; or\na business or financial interest together with a primary licensee or lottery agent.\nMaximum penalty—40 penalty units.\nA person must not, for 1 year after ceasing to be a key official, without the chief executive’s approval—\naccept or solicit employment from a primary licensee or lottery agent; or\nbe an employee in any capacity of a primary licensee or lottery agent; or\nknowingly have, directly or indirectly—\na business or financial association with a primary licensee or lottery agent; or\na business or financial interest together with a primary licensee or lottery agent.\nMaximum penalty for subsection (3) —40 penalty units.\ns 146 amd 2007 No. 22 s 3 sch 1\n(sec.146-ssec.1) This section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with a primary licensee or lottery agent.\n(sec.146-ssec.2) A key official must not— accept or solicit employment from a primary licensee or lottery agent; or be an employee in any capacity of a primary licensee or lottery agent; or knowingly have, directly or indirectly— a business or financial association with a primary licensee or lottery agent; or a business or financial interest together with a primary licensee or lottery agent. Maximum penalty—40 penalty units.\n(sec.146-ssec.3) A person must not, for 1 year after ceasing to be a key official, without the chief executive’s approval— accept or solicit employment from a primary licensee or lottery agent; or be an employee in any capacity of a primary licensee or lottery agent; or knowingly have, directly or indirectly— a business or financial association with a primary licensee or lottery agent; or a business or financial interest together with a primary licensee or lottery agent. Maximum penalty for subsection (3) —40 penalty units.\n- (a) accept or solicit employment from a primary licensee or lottery agent; or\n- (b) be an employee in any capacity of a primary licensee or lottery agent; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with a primary licensee or lottery agent; or (ii) a business or financial interest together with a primary licensee or lottery agent.\n- (i) a business or financial association with a primary licensee or lottery agent; or\n- (ii) a business or financial interest together with a primary licensee or lottery agent.\n- (i) a business or financial association with a primary licensee or lottery agent; or\n- (ii) a business or financial interest together with a primary licensee or lottery agent.\n- (a) accept or solicit employment from a primary licensee or lottery agent; or\n- (b) be an employee in any capacity of a primary licensee or lottery agent; or\n- (c) knowingly have, directly or indirectly— (i) a business or financial association with a primary licensee or lottery agent; or (ii) a business or financial interest together with a primary licensee or lottery agent.\n- (i) a business or financial association with a primary licensee or lottery agent; or\n- (ii) a business or financial interest together with a primary licensee or lottery agent.\n- (i) a business or financial association with a primary licensee or lottery agent; or\n- (ii) a business or financial interest together with a primary licensee or lottery agent.","sortOrder":214},{"sectionNumber":"sec.147","sectionType":"section","heading":"Relationship of key officials with prospective licensees","content":"### sec.147 Relationship of key officials with prospective licensees\n\nThis section applies if a key official knowingly has, directly or indirectly—\na business or financial association with another person who is a prospective primary licensee; or\na business or financial interest together with another person who is a prospective primary licensee.\nHowever, this section applies only if the key official has been given a direction by the chief executive not to have a financial relationship with a primary licensee or lottery agent.\nImmediately after the key official becomes aware that the other person is a prospective primary licensee, the official must give written notice of the official’s association or interest to the chief executive.\nMaximum penalty—40 penalty units.\nThe chief executive may, by written notice given to the key official, direct the official to end the association, or give up the interest, within the time stated in the notice.\nHowever, the chief executive may give the direction only if the chief executive considers it appropriate to take the action in the public interest.\nA key official to whom a direction is given must comply with the direction within the time stated in the notice.\nMaximum penalty—40 penalty units.\nIn this section—\nprospective primary licensee means a person who has applied for a primary licence but whose application has not yet been decided.\ns 147 amd 2007 No. 22 ss 53 , 3 sch 1\n(sec.147-ssec.1) This section applies if a key official knowingly has, directly or indirectly— a business or financial association with another person who is a prospective primary licensee; or a business or financial interest together with another person who is a prospective primary licensee.\n(sec.147-ssec.2) However, this section applies only if the key official has been given a direction by the chief executive not to have a financial relationship with a primary licensee or lottery agent.\n(sec.147-ssec.3) Immediately after the key official becomes aware that the other person is a prospective primary licensee, the official must give written notice of the official’s association or interest to the chief executive. Maximum penalty—40 penalty units.\n(sec.147-ssec.4) The chief executive may, by written notice given to the key official, direct the official to end the association, or give up the interest, within the time stated in the notice.\n(sec.147-ssec.5) However, the chief executive may give the direction only if the chief executive considers it appropriate to take the action in the public interest.\n(sec.147-ssec.6) A key official to whom a direction is given must comply with the direction within the time stated in the notice. Maximum penalty—40 penalty units.\n(sec.147-ssec.7) In this section— prospective primary licensee means a person who has applied for a primary licence but whose application has not yet been decided.\n- (a) a business or financial association with another person who is a prospective primary licensee; or\n- (b) a business or financial interest together with another person who is a prospective primary licensee.","sortOrder":215},{"sectionNumber":"sec.148","sectionType":"section","heading":"Relationship of primary licensees and lottery agents with key officials","content":"### sec.148 Relationship of primary licensees and lottery agents with key officials\n\nThis section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with a primary licensee or lottery agent.\nAlso, this section applies only if the primary licensee or the lottery agent knows, or ought reasonably to know, that the key official is a key official to whom this section applies.\nThe primary licensee or lottery agent must not—\nemploy the key official in any capacity; or\nknowingly have, directly or indirectly—\na business or financial association with the key official; or\na business or financial interest together with the key official.\nMaximum penalty—40 penalty units.\nThe primary licensee or lottery agent must not, for 1 year after the person ceases to be a key official, without the chief executive’s approval—\nemploy the person in any capacity; or\nknowingly have, directly or indirectly—\na business or financial association with the person; or\na business or financial interest together with the person.\nMaximum penalty for subsection (4) —40 penalty units.\ns 148 amd 2007 No. 22 s 3 sch 1\n(sec.148-ssec.1) This section applies only to a key official who has been given a direction by the chief executive not to have a financial relationship with a primary licensee or lottery agent.\n(sec.148-ssec.2) Also, this section applies only if the primary licensee or the lottery agent knows, or ought reasonably to know, that the key official is a key official to whom this section applies.\n(sec.148-ssec.3) The primary licensee or lottery agent must not— employ the key official in any capacity; or knowingly have, directly or indirectly— a business or financial association with the key official; or a business or financial interest together with the key official. Maximum penalty—40 penalty units.\n(sec.148-ssec.4) The primary licensee or lottery agent must not, for 1 year after the person ceases to be a key official, without the chief executive’s approval— employ the person in any capacity; or knowingly have, directly or indirectly— a business or financial association with the person; or a business or financial interest together with the person. Maximum penalty for subsection (4) —40 penalty units.\n- (a) employ the key official in any capacity; or\n- (b) knowingly have, directly or indirectly— (i) a business or financial association with the key official; or (ii) a business or financial interest together with the key official.\n- (i) a business or financial association with the key official; or\n- (ii) a business or financial interest together with the key official.\n- (i) a business or financial association with the key official; or\n- (ii) a business or financial interest together with the key official.\n- (a) employ the person in any capacity; or\n- (b) knowingly have, directly or indirectly— (i) a business or financial association with the person; or (ii) a business or financial interest together with the person.\n- (i) a business or financial association with the person; or\n- (ii) a business or financial interest together with the person.\n- (i) a business or financial association with the person; or\n- (ii) a business or financial interest together with the person.","sortOrder":216},{"sectionNumber":"sec.149","sectionType":"section","heading":"Participation by minors prohibited","content":"### sec.149 Participation by minors prohibited\n\nA person involved in the conduct of an approved lottery must not accept an entry form, or money or other consideration for a lottery ticket, for the lottery from a minor.\nMaximum penalty—40 penalty units.\nIt is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person from whom the entry form, money or other consideration was accepted was a minor.\nA minor must not participate in a lottery.\nMaximum penalty—25 penalty units.\ns 149 amd 2009 No. 41 s 91\n(sec.149-ssec.1) A person involved in the conduct of an approved lottery must not accept an entry form, or money or other consideration for a lottery ticket, for the lottery from a minor. Maximum penalty—40 penalty units.\n(sec.149-ssec.2) It is a defence to a charge against subsection (1) to prove that the defendant had no reason to believe, and did not believe, that the person from whom the entry form, money or other consideration was accepted was a minor.\n(sec.149-ssec.3) A minor must not participate in a lottery. Maximum penalty—25 penalty units.","sortOrder":217},{"sectionNumber":"sec.150","sectionType":"section","heading":"Obscene etc. terms prohibited","content":"### sec.150 Obscene etc. terms prohibited\n\nA person must not give to a lottery operator or lottery agent—\nan entry form containing a name or designation that is obscene, indecent or offensive; or\nfor inclusion on an entry form a name or designation that is obscene, indecent or offensive.\nMaximum penalty—20 penalty units.\nA lottery operator or a lottery agent may refuse to accept an entry form, name or designation that the lottery operator or agent reasonably considers is given in contravention of subsection (1) .\ns 150 amd 2007 No. 22 s 3 sch 1\n(sec.150-ssec.1) A person must not give to a lottery operator or lottery agent— an entry form containing a name or designation that is obscene, indecent or offensive; or for inclusion on an entry form a name or designation that is obscene, indecent or offensive. Maximum penalty—20 penalty units.\n(sec.150-ssec.2) A lottery operator or a lottery agent may refuse to accept an entry form, name or designation that the lottery operator or agent reasonably considers is given in contravention of subsection (1) .\n- (a) an entry form containing a name or designation that is obscene, indecent or offensive; or\n- (b) for inclusion on an entry form a name or designation that is obscene, indecent or offensive.","sortOrder":218},{"sectionNumber":"sec.151","sectionType":"section","heading":"Offences by certain persons","content":"### sec.151 Offences by certain persons\n\nExcept as authorised under an agency agreement, a person (other than a lottery operator) must not—\nfor the person’s gain or reward—\ninduce anyone else to take part in an approved lottery; or\noffer to anyone else an opportunity to take part in an approved lottery; or\ndistribute or supply entry forms for an approved lottery or lottery tickets, or cause entry forms for an approved lottery or lottery tickets to be distributed or supplied to persons other than lottery operators or agents; or\nadvertise or publicly promote subscription to, or taking part in, an approved lottery.\nMaximum penalty—200 penalty units.\nA person must not, for an approved lottery, charge an amount for—\nfilling in an entry form; or\ndepositing an entry form, directly or indirectly, with a lottery operator or a lottery agent; or\nsubmitting, or arranging for the submission of, an entry form to a lottery operator or a lottery agent; or\ncollecting or distributing prizes.\nMaximum penalty—200 penalty units.\nA person must not hold himself or herself out, by advertisement or in another way, to be available to perform a service mentioned in subsection (2) .\nMaximum penalty for subsection (3) —200 penalty units.\ns 151 amd 2007 No. 22 s 3 sch 1\n(sec.151-ssec.1) Except as authorised under an agency agreement, a person (other than a lottery operator) must not— for the person’s gain or reward— induce anyone else to take part in an approved lottery; or offer to anyone else an opportunity to take part in an approved lottery; or distribute or supply entry forms for an approved lottery or lottery tickets, or cause entry forms for an approved lottery or lottery tickets to be distributed or supplied to persons other than lottery operators or agents; or advertise or publicly promote subscription to, or taking part in, an approved lottery. Maximum penalty—200 penalty units.\n(sec.151-ssec.2) A person must not, for an approved lottery, charge an amount for— filling in an entry form; or depositing an entry form, directly or indirectly, with a lottery operator or a lottery agent; or submitting, or arranging for the submission of, an entry form to a lottery operator or a lottery agent; or collecting or distributing prizes. Maximum penalty—200 penalty units.\n(sec.151-ssec.3) A person must not hold himself or herself out, by advertisement or in another way, to be available to perform a service mentioned in subsection (2) . Maximum penalty for subsection (3) —200 penalty units.\n- (a) for the person’s gain or reward— (i) induce anyone else to take part in an approved lottery; or (ii) offer to anyone else an opportunity to take part in an approved lottery; or (iii) distribute or supply entry forms for an approved lottery or lottery tickets, or cause entry forms for an approved lottery or lottery tickets to be distributed or supplied to persons other than lottery operators or agents; or\n- (i) induce anyone else to take part in an approved lottery; or\n- (ii) offer to anyone else an opportunity to take part in an approved lottery; or\n- (iii) distribute or supply entry forms for an approved lottery or lottery tickets, or cause entry forms for an approved lottery or lottery tickets to be distributed or supplied to persons other than lottery operators or agents; or\n- (b) advertise or publicly promote subscription to, or taking part in, an approved lottery.\n- (i) induce anyone else to take part in an approved lottery; or\n- (ii) offer to anyone else an opportunity to take part in an approved lottery; or\n- (iii) distribute or supply entry forms for an approved lottery or lottery tickets, or cause entry forms for an approved lottery or lottery tickets to be distributed or supplied to persons other than lottery operators or agents; or\n- (a) filling in an entry form; or\n- (b) depositing an entry form, directly or indirectly, with a lottery operator or a lottery agent; or\n- (c) submitting, or arranging for the submission of, an entry form to a lottery operator or a lottery agent; or\n- (d) collecting or distributing prizes.","sortOrder":219},{"sectionNumber":"sec.152","sectionType":"section","heading":"Lottery operator not to publish identity of participant in certain cases","content":"### sec.152 Lottery operator not to publish identity of participant in certain cases\n\nIf a lottery participant asks a lottery operator for anonymity, the lottery operator must not publish the name, or other identifying particulars, of the participant so that it becomes or is likely to become publicly known that the person has participated, or has won or claimed a prize, in an approved lottery.\nMaximum penalty—40 penalty units.\ns 152 amd 2007 No. 22 s 3 sch 1","sortOrder":220},{"sectionNumber":"pt.8","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":221},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":222},{"sectionNumber":"sec.153","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.153 Appointment and qualifications\n\nThe chief executive may appoint a person as an inspector.\nHowever, a person may be appointed as an inspector only if—\nthe person is—\na public service officer or employee; or\na member of a class of persons prescribed under a regulation; and\nthe chief executive is satisfied the person is qualified for the appointment because—\nthe person has the necessary expertise or experience; or\nthe chief executive considers the person has the ability to quickly acquire the necessary expertise; and\nthe chief executive is satisfied the person is a suitable person to be an inspector, having regard to—\nthe person’s character; and\nthe person’s current financial position and financial background; and\nany other matter the chief executive considers relevant to the person’s suitability to be an inspector.\ns 153 sub 2004 No. 21 s 96\namd 2005 No. 12 s 72 ; 2008 No. 2 s 76\n(sec.153-ssec.1) The chief executive may appoint a person as an inspector.\n(sec.153-ssec.2) However, a person may be appointed as an inspector only if— the person is— a public service officer or employee; or a member of a class of persons prescribed under a regulation; and the chief executive is satisfied the person is qualified for the appointment because— the person has the necessary expertise or experience; or the chief executive considers the person has the ability to quickly acquire the necessary expertise; and the chief executive is satisfied the person is a suitable person to be an inspector, having regard to— the person’s character; and the person’s current financial position and financial background; and any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (a) the person is— (i) a public service officer or employee; or (ii) a member of a class of persons prescribed under a regulation; and\n- (i) a public service officer or employee; or\n- (ii) a member of a class of persons prescribed under a regulation; and\n- (b) the chief executive is satisfied the person is qualified for the appointment because— (i) the person has the necessary expertise or experience; or (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (i) the person has the necessary expertise or experience; or\n- (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (c) the chief executive is satisfied the person is a suitable person to be an inspector, having regard to— (i) the person’s character; and (ii) the person’s current financial position and financial background; and (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (i) the person’s character; and\n- (ii) the person’s current financial position and financial background; and\n- (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n- (i) a public service officer or employee; or\n- (ii) a member of a class of persons prescribed under a regulation; and\n- (i) the person has the necessary expertise or experience; or\n- (ii) the chief executive considers the person has the ability to quickly acquire the necessary expertise; and\n- (i) the person’s character; and\n- (ii) the person’s current financial position and financial background; and\n- (iii) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.","sortOrder":223},{"sectionNumber":"sec.154","sectionType":"section","heading":"Conditions and limit on powers","content":"### sec.154 Conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 154 prev s 154 sub 2004 No. 21 s 96\nom 2005 No. 12 s 73\npres s 154 (prev s 155) sub 2004 No. 21 s 96\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch\n(sec.154-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.154-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.154-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":224},{"sectionNumber":"sec.155","sectionType":"section","heading":"Issue of identity card","content":"### sec.155 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 155 (prev s 156) sub 2004 No. 21 s 96\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch\n(sec.155-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.155-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.155-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":225},{"sectionNumber":"sec.156","sectionType":"section","heading":"Production or display of identity card","content":"### sec.156 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 158 (a) or (d) .\ns 156 (prev s 157A) ins 2004 No. 21 s 96\nrenum 2005 No. 12 s 88 sch\n(sec.156-ssec.1) In exercising a power under this Act in relation to a person, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.156-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.156-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 158 (a) or (d) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":226},{"sectionNumber":"sec.157","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.157 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 157A takes effect.\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\ns 157 prev s 157 om 2005 No. 12 s 74\npres s 157 (prev s 157B) ins 2004 No. 21 s 96\namd 2005 No. 12 s 75\nrenum 2005 No. 12 s 88 sch\n(sec.157-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 157A takes effect.\n(sec.157-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.157-ssec.3) In this section— condition of office means a condition on which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 157A takes effect.","sortOrder":227},{"sectionNumber":"sec.157A","sectionType":"section","heading":"Resignation","content":"### sec.157A Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\ns 157A (prev s 157C) ins 2004 No. 21 s 96\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch","sortOrder":228},{"sectionNumber":"sec.157B","sectionType":"section","heading":"Return of identity card","content":"### sec.157B Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive immediately after ceasing to be an inspector unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 157B (prev s 157D) ins 2004 No. 21 s 96\namd 2005 No. 12 s 76\nrenum 2005 No. 12 s 88 sch","sortOrder":229},{"sectionNumber":"sec.157C","sectionType":"section","heading":"Audit program","content":"### sec.157C Audit program\n\nThe Minister may approve an audit program for investigating inspectors.\nThe chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to—\nthe inspector’s character; and\nthe inspector’s current financial position and financial background; and\nany other matter the chief executive considers relevant to the person’s suitability to be an inspector.\nHowever, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\nThe chief executive must ensure the investigation is conducted under the approved audit program.\nIn this section—\napproved audit program means an audit program approved by the Minister under subsection (1) .\ns 157C (prev s 157E) ins 2004 No. 21 s 96\namd 2005 No. 12 s 77\nrenum 2005 No. 12 s 88 sch\n(sec.157C-ssec.1) The Minister may approve an audit program for investigating inspectors.\n(sec.157C-ssec.2) The chief executive may investigate an inspector under an approved audit program to help the chief executive decide whether the inspector is a suitable person to be an inspector, having regard to— the inspector’s character; and the inspector’s current financial position and financial background; and any other matter the chief executive considers relevant to the person’s suitability to be an inspector.\n(sec.157C-ssec.3) However, the chief executive may investigate an inspector under subsection (2) only once every 2 years, unless the chief executive reasonably suspects the inspector is not a suitable person to be an inspector having regard to the matters mentioned in subsection (2) .\n(sec.157C-ssec.4) The chief executive must ensure the investigation is conducted under the approved audit program.\n(sec.157C-ssec.5) In this section— approved audit program means an audit program approved by the Minister under subsection (1) .\n- (a) the inspector’s character; and\n- (b) the inspector’s current financial position and financial background; and\n- (c) any other matter the chief executive considers relevant to the person’s suitability to be an inspector.","sortOrder":230},{"sectionNumber":"sec.157D","sectionType":"section","heading":"Report about criminal history","content":"### sec.157D Report about criminal history\n\nTo help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\nIf asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.\nThe duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 157D (prev s 157F) ins 2004 No. 21 s 96\namd 2005 No. 12 s 88 sch\nrenum 2005 No. 12 s 88 sch\n(sec.157D-ssec.1) To help decide whether a person is a suitable person to be an inspector or continue as an inspector, the chief executive may ask the commissioner of the police service for a written report about the person’s criminal history.\n(sec.157D-ssec.2) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the criminal history of the person.\n(sec.157D-ssec.3) The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.","sortOrder":231},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":232},{"sectionNumber":"sec.158","sectionType":"section","heading":"Entry without consent or warrant","content":"### sec.158 Entry without consent or warrant\n\nAn inspector may, without the occupier’s consent or a warrant, enter—\na public place; or\na place where a lottery is being, or is about to be, conducted under a lottery operator’s licence; or\na place where a primary licensee or a lottery agent carries on business at any time when the place is open for carrying on business or otherwise open for entry; or\nthe land around premises to ask its occupier for consent to enter the premises.\ns 158 amd 2007 No. 22 s 3 sch 1\n- (a) a public place; or\n- (b) a place where a lottery is being, or is about to be, conducted under a lottery operator’s licence; or\n- (c) a place where a primary licensee or a lottery agent carries on business at any time when the place is open for carrying on business or otherwise open for entry; or\n- (d) the land around premises to ask its occupier for consent to enter the premises.","sortOrder":233},{"sectionNumber":"sec.159","sectionType":"section","heading":"Entry with consent or warrant","content":"### sec.159 Entry with consent or warrant\n\nUnless an inspector is authorised to enter a place under section 158 , an inspector may enter a place only if—\nits occupier consents to the entry; or\nthe entry is authorised by a warrant.\n- (a) its occupier consents to the entry; or\n- (b) the entry is authorised by a warrant.","sortOrder":234},{"sectionNumber":"sec.160","sectionType":"section","heading":"Consent to entry","content":"### sec.160 Consent to entry\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent (a consent acknowledgement ).\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.\n(sec.160-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\n(sec.160-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.160-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent (a consent acknowledgement ).\n(sec.160-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.160-ssec.5) If the occupier signs a consent acknowledgement, the inspector must promptly give a copy to the occupier.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and","sortOrder":235},{"sectionNumber":"sec.161","sectionType":"section","heading":"Evidence of consent","content":"### sec.161 Evidence of consent\n\nSubsection (2) applies if—\nan issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and\na consent acknowledgement is not produced in evidence for the entry; and\nit is not proved the occupier consented to the entry.\nThe court may presume the occupier did not consent.\n(sec.161-ssec.1) Subsection (2) applies if— an issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and a consent acknowledgement is not produced in evidence for the entry; and it is not proved the occupier consented to the entry.\n(sec.161-ssec.2) The court may presume the occupier did not consent.\n- (a) an issue arises in a court proceeding whether the occupier of a place consented to an inspector entering the place under this part; and\n- (b) a consent acknowledgement is not produced in evidence for the entry; and\n- (c) it is not proved the occupier consented to the entry.","sortOrder":236},{"sectionNumber":"sec.162","sectionType":"section","heading":"Application for warrant","content":"### sec.162 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.162-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.162-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.162-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":237},{"sectionNumber":"sec.163","sectionType":"section","heading":"Issue of warrant","content":"### sec.163 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or may be at the place, within the next 7 days.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.163-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or may be at the place, within the next 7 days.\n(sec.163-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or may be at the place, within the next 7 days.\n- (a) that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.","sortOrder":238},{"sectionNumber":"sec.164","sectionType":"section","heading":"Special warrants","content":"### sec.164 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must promptly fax a copy to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspector—\nthe magistrate must tell the inspector—\nwhat the terms of the warrant are; and\nthe date and time the warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe terms of the warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\n(sec.164-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.164-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.164-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.164-ssec.4) After issuing the warrant, the magistrate must promptly fax a copy to the inspector if it is reasonably practicable to fax the copy.\n(sec.164-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the magistrate must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the warrant.\n(sec.164-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\n(sec.164-ssec.7) The inspector must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.164-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.","sortOrder":239},{"sectionNumber":"sec.165","sectionType":"section","heading":"Evidence about special warrants","content":"### sec.165 Evidence about special warrants\n\nSubsection (2) applies if—\nan issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and\nthe warrant is not produced in evidence.\nThe court must presume the exercise of the power was not authorised by a special warrant, unless the contrary is proved.\n(sec.165-ssec.1) Subsection (2) applies if— an issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and the warrant is not produced in evidence.\n(sec.165-ssec.2) The court must presume the exercise of the power was not authorised by a special warrant, unless the contrary is proved.\n- (a) an issue arises in a court proceeding whether a power exercised by an inspector was not authorised by a special warrant; and\n- (b) the warrant is not produced in evidence.","sortOrder":240},{"sectionNumber":"sec.166","sectionType":"section","heading":"General powers after entering places","content":"### sec.166 General powers after entering places\n\nThis section applies to an inspector who enters a place.\nHowever, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act, the inspector may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place; or\naccess, electronically or in some other way, a system used at the place for conducting a lottery or other gaming scheme or for administrative purposes related to the conduct of a lottery or other gaming scheme; or\ntake into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\nrequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.166-ssec.1) This section applies to an inspector who enters a place.\n(sec.166-ssec.2) However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\n(sec.166-ssec.3) For monitoring or enforcing compliance with this Act, the inspector may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or access, electronically or in some other way, a system used at the place for conducting a lottery or other gaming scheme or for administrative purposes related to the conduct of a lottery or other gaming scheme; or take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\n(sec.166-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place; or\n- (e) access, electronically or in some other way, a system used at the place for conducting a lottery or other gaming scheme or for administrative purposes related to the conduct of a lottery or other gaming scheme; or\n- (f) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or\n- (g) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (f) ; or\n- (h) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.","sortOrder":241},{"sectionNumber":"sec.167","sectionType":"section","heading":"Failure to help inspector","content":"### sec.167 Failure to help inspector\n\nA person required to give reasonable help under section 166 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.\n(sec.167-ssec.1) A person required to give reasonable help under section 166 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.167-ssec.2) If the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this Act), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.","sortOrder":242},{"sectionNumber":"sec.168","sectionType":"section","heading":"Failure to give information","content":"### sec.168 Failure to give information\n\nA person of whom a requirement is made under section 166 (3) (h) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.168-ssec.1) A person of whom a requirement is made under section 166 (3) (h) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.168-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.","sortOrder":243},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 om 2000 No. 5 s 461 sch 3","sortOrder":244},{"sectionNumber":"sec.170","sectionType":"section","heading":"Seizing evidence at place that may be entered without consent or warrant","content":"### sec.170 Seizing evidence at place that may be entered without consent or warrant\n\nAn inspector who enters a place that may be entered under this part without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.","sortOrder":245},{"sectionNumber":"sec.171","sectionType":"section","heading":"Seizing evidence at places that may only be entered with consent or warrant","content":"### sec.171 Seizing evidence at places that may only be entered with consent or warrant\n\nThis section applies if—\nan inspector is authorised to enter a place under this part only with the consent of the occupier or a warrant; and\nthe inspector enters the place after obtaining the necessary consent or warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector may also seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n(sec.171-ssec.1) This section applies if— an inspector is authorised to enter a place under this part only with the consent of the occupier or a warrant; and the inspector enters the place after obtaining the necessary consent or warrant.\n(sec.171-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.171-ssec.3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.171-ssec.4) The inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.171-ssec.5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n- (a) an inspector is authorised to enter a place under this part only with the consent of the occupier or a warrant; and\n- (b) the inspector enters the place after obtaining the necessary consent or warrant.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":246},{"sectionNumber":"sec.172","sectionType":"section","heading":"Securing things after seizure","content":"### sec.172 Securing things after seizure\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access is restricted","sortOrder":247},{"sectionNumber":"sec.173","sectionType":"section","heading":"Tampering with things subject to seizure","content":"### sec.173 Tampering with things subject to seizure\n\nIf an inspector restricts access to a thing subject to seizure, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.\nMaximum penalty—40 penalty units.","sortOrder":248},{"sectionNumber":"sec.174","sectionType":"section","heading":"Powers to support seizure","content":"### sec.174 Powers to support seizure\n\nTo enable a thing to be seized, an inspector may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\nA person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.174-ssec.1) To enable a thing to be seized, an inspector may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.174-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.174-ssec.3) A person of whom a requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.174-ssec.4) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":249},{"sectionNumber":"sec.175","sectionType":"section","heading":"Receipts to be given on seizure","content":"### sec.175 Receipts to be given on seizure\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).\n(sec.175-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.175-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.175-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.175-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt (given the thing’s nature, condition and value).","sortOrder":250},{"sectionNumber":"sec.176","sectionType":"section","heading":"Forfeiture","content":"### sec.176 Forfeiture\n\nA thing that has been seized under this part is forfeited to the State if the inspector who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision by written notice.\nSubsection (3) does not apply if—\nthe inspector can not find the owner, after making reasonable inquiries; or\nit is impracticable or would be unreasonable to give the notice.\nThe notice must comply with the QCAT Act , section 157 (2) .\nRegard must be had to a thing’s nature, condition and value—\nin deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts are reasonable; or\nin deciding whether it would be unreasonable to give notice about a thing.\ns 176 amd 1999 No. 77 s 210 sch 2 ; 2009 No. 24 s 649\n(sec.176-ssec.1) A thing that has been seized under this part is forfeited to the State if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\n(sec.176-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.176-ssec.3) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision by written notice.\n(sec.176-ssec.4) Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice.\n(sec.176-ssec.5) The notice must comply with the QCAT Act , section 157 (2) .\n(sec.176-ssec.6) Regard must be had to a thing’s nature, condition and value— in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts are reasonable; or in deciding whether it would be unreasonable to give notice about a thing.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts; or\n- (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.\n- (a) subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) the inspector can not find the owner, after making reasonable inquiries; or\n- (b) it is impracticable or would be unreasonable to give the notice.\n- (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or\n- (b) in deciding whether it would be unreasonable to give notice about a thing.\n- (i) whether it is reasonable to make inquiries or efforts; and\n- (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or","sortOrder":251},{"sectionNumber":"sec.177","sectionType":"section","heading":"Return of things that have been seized","content":"### sec.177 Return of things that have been seized\n\nIf a thing has been seized but not forfeited, the inspector must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the inspector must promptly return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n(sec.177-ssec.1) If a thing has been seized but not forfeited, the inspector must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.177-ssec.2) Despite subsection (1) , unless the thing has been forfeited, the inspector must promptly return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.","sortOrder":252},{"sectionNumber":"sec.178","sectionType":"section","heading":"Access to things that have been seized","content":"### sec.178 Access to things that have been seized\n\nUntil a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.178-ssec.1) Until a thing that has been seized is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.178-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":253},{"sectionNumber":"sec.179","sectionType":"section","heading":"Direction to stop using thing","content":"### sec.179 Direction to stop using thing\n\nThis section applies if an inspector reasonably believes—\na thing used in the conduct of approved lotteries is unsatisfactory for the purpose for which it is used; and\nthe continued use of the thing may—\njeopardise the integrity of the conduct of approved lotteries; or\nadversely affect the public interest.\nThe inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using the thing, or allowing the thing to be used, in the conduct of approved lotteries.\n(sec.179-ssec.1) This section applies if an inspector reasonably believes— a thing used in the conduct of approved lotteries is unsatisfactory for the purpose for which it is used; and the continued use of the thing may— jeopardise the integrity of the conduct of approved lotteries; or adversely affect the public interest.\n(sec.179-ssec.2) The inspector may direct the person who has, or reasonably appears to have, authority to exercise control over the thing to stop using the thing, or allowing the thing to be used, in the conduct of approved lotteries.\n- (a) a thing used in the conduct of approved lotteries is unsatisfactory for the purpose for which it is used; and\n- (b) the continued use of the thing may— (i) jeopardise the integrity of the conduct of approved lotteries; or (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of approved lotteries; or\n- (ii) adversely affect the public interest.\n- (i) jeopardise the integrity of the conduct of approved lotteries; or\n- (ii) adversely affect the public interest.","sortOrder":254},{"sectionNumber":"sec.180","sectionType":"section","heading":"Requirements about stop directions","content":"### sec.180 Requirements about stop directions\n\nA direction given to a person under section 179 (a stop direction ) may be given orally or by written notice (a stop notice ).\nHowever, if the direction is given orally, it must be confirmed by written notice (also a stop notice ) given to the person as soon as practicable.\nA stop direction may be given for a thing at a place occupied by a primary licensee, a lottery agent or other person involved in the conduct of an approved lottery.\nA stop direction does not apply to a use of the thing carried out for repairing or testing the thing.\nA stop notice must state—\nthe grounds on which the inspector believes the thing is unsatisfactory; and\nthe circumstances (if any) under which the stop direction may be cancelled.\ns 180 amd 2007 No. 22 s 3 sch 1\n(sec.180-ssec.1) A direction given to a person under section 179 (a stop direction ) may be given orally or by written notice (a stop notice ).\n(sec.180-ssec.2) However, if the direction is given orally, it must be confirmed by written notice (also a stop notice ) given to the person as soon as practicable.\n(sec.180-ssec.3) A stop direction may be given for a thing at a place occupied by a primary licensee, a lottery agent or other person involved in the conduct of an approved lottery.\n(sec.180-ssec.4) A stop direction does not apply to a use of the thing carried out for repairing or testing the thing.\n(sec.180-ssec.5) A stop notice must state— the grounds on which the inspector believes the thing is unsatisfactory; and the circumstances (if any) under which the stop direction may be cancelled.\n- (a) the grounds on which the inspector believes the thing is unsatisfactory; and\n- (b) the circumstances (if any) under which the stop direction may be cancelled.","sortOrder":255},{"sectionNumber":"sec.181","sectionType":"section","heading":"Failure to comply with stop direction","content":"### sec.181 Failure to comply with stop direction\n\nA person to whom a stop direction is given must comply with the direction.\nMaximum penalty—40 penalty units.","sortOrder":256},{"sectionNumber":"sec.181A","sectionType":"section","heading":"Direction about conduct of approved lottery","content":"### sec.181A Direction about conduct of approved lottery\n\nThis section applies to an inspector who is supervising a matter mentioned in section 127 for an approved lottery.\nThe inspector may direct the lottery licensee or lottery operator for the approved lottery to take reasonable action, within the reasonable period stated by the inspector, to ensure the lottery is conducted in a way that does not jeopardise the integrity of the conduct of the approved lottery.\nThe direction may be given orally or by written notice.\nIf the direction is given orally, it must be confirmed by written notice given to the licensee or lottery operator as soon as practicable.\nThe lottery licensee or lottery operator must comply with the direction unless the licensee or lottery operator has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 181A ins 2002 No. 43 s 100\namd 2004 No. 21 s 97 ; 2007 No. 22 s 54\n(sec.181A-ssec.1) This section applies to an inspector who is supervising a matter mentioned in section 127 for an approved lottery.\n(sec.181A-ssec.2) The inspector may direct the lottery licensee or lottery operator for the approved lottery to take reasonable action, within the reasonable period stated by the inspector, to ensure the lottery is conducted in a way that does not jeopardise the integrity of the conduct of the approved lottery.\n(sec.181A-ssec.3) The direction may be given orally or by written notice.\n(sec.181A-ssec.4) If the direction is given orally, it must be confirmed by written notice given to the licensee or lottery operator as soon as practicable.\n(sec.181A-ssec.5) The lottery licensee or lottery operator must comply with the direction unless the licensee or lottery operator has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":257},{"sectionNumber":"sec.182","sectionType":"section","heading":"Power to require name and address","content":"### sec.182 Power to require name and address\n\nThis section applies if—\nan inspector finds a person committing an offence against this Act; or\nan inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nWhen making the requirement, the inspector must warn the person that it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address to be false.\nA requirement under subsection (2) or (4) is called a personal details requirement .\ns 182 amd 2000 No. 5 s 461 sch 3\n(sec.182-ssec.1) This section applies if— an inspector finds a person committing an offence against this Act; or an inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against this Act.\n(sec.182-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.182-ssec.3) When making the requirement, the inspector must warn the person that it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.182-ssec.4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address to be false.\n(sec.182-ssec.5) A requirement under subsection (2) or (4) is called a personal details requirement .\n- (a) an inspector finds a person committing an offence against this Act; or\n- (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector reasonably to suspect the person has just committed an offence against this Act.","sortOrder":258},{"sectionNumber":"sec.183","sectionType":"section","heading":"Failure to give name or address","content":"### sec.183 Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.183-ssec.1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.183-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":259},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2000 No. 5 s 461 sch 3","sortOrder":260},{"sectionNumber":"sec.185","sectionType":"section","heading":"Power to require production of documents","content":"### sec.185 Power to require production of documents\n\nAn inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act; or\nif the person is a lottery licensee—a document kept by the licensee about the licensee’s operations under the lottery licence; or\nif the person is a lottery operator—a document kept by the lottery operator about the conduct of lotteries by the lottery operator; or\nif the person is a lottery agent—a document kept by the agent about the conduct of lotteries by the lottery operator by whom the agent is appointed.\nThe inspector may keep the document to copy it.\nIf the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe inspector must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\nA requirement under subsection (1) is called a document production requirement .\ns 185 amd 2007 No. 22 s 55\n(sec.185-ssec.1) An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector— a document issued to the person under this Act; or a document required to be kept by the person under this Act; or if the person is a lottery licensee—a document kept by the licensee about the licensee’s operations under the lottery licence; or if the person is a lottery operator—a document kept by the lottery operator about the conduct of lotteries by the lottery operator; or if the person is a lottery agent—a document kept by the agent about the conduct of lotteries by the lottery operator by whom the agent is appointed.\n(sec.185-ssec.2) The inspector may keep the document to copy it.\n(sec.185-ssec.3) If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.185-ssec.4) The inspector must return the document to the person as soon as practicable after copying it.\n(sec.185-ssec.5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the inspector may keep the document until the person complies with the requirement.\n(sec.185-ssec.6) A requirement under subsection (1) is called a document production requirement .\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act; or\n- (c) if the person is a lottery licensee—a document kept by the licensee about the licensee’s operations under the lottery licence; or\n- (d) if the person is a lottery operator—a document kept by the lottery operator about the conduct of lotteries by the lottery operator; or\n- (e) if the person is a lottery agent—a document kept by the agent about the conduct of lotteries by the lottery operator by whom the agent is appointed.","sortOrder":261},{"sectionNumber":"sec.186","sectionType":"section","heading":"Failure to produce document","content":"### sec.186 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.\n(sec.186-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.186-ssec.2) It is a reasonable excuse for a person not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.","sortOrder":262},{"sectionNumber":"sec.187","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.187 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.","sortOrder":263},{"sectionNumber":"sec.188","sectionType":"section","heading":"Power to require attendance of persons","content":"### sec.188 Power to require attendance of persons\n\nAn inspector may require a person, or an executive officer of a corporation, of whom a document production requirement has been made to attend before the inspector to answer questions or give information about the document to which the document production requirement relates.\nAn inspector may require any of the following persons to attend before the inspector to answer questions or give information about the operations of a primary licensee conducted under a primary licence—\nthe licensee or, if the licensee is a corporation, an executive officer of the licensee;\na licensed employee employed by the licensee;\nif the licensee is a lottery operator—a lottery agent appointed by the lottery operator or, if the lottery agent is a corporation, an executive officer of the corporation;\nan employee of a lottery agent mentioned in paragraph (c) ;\nanother person associated with the operations or management of—\nthe licensee; or\na lottery agent mentioned in paragraph (c) .\nAn inspector may require any of the following persons to attend before the inspector to answer questions or give information about a lottery agent’s operations for the conduct of an approved lottery by the lottery operator by whom the agent is appointed—\nthe lottery agent or, if the agent is a corporation, an executive officer of the agent;\nan employee of the lottery agent;\nthe lottery operator or, if the lottery operator is a corporation, an executive officer of the corporation;\nanother person associated with the operations or management of—\nthe lottery agent; or\nthe lottery operator.\nA requirement made of a person under this section must—\nbe made by written notice given to the person; and\nstate a reasonable time and place for the person’s attendance.\nWhen making the requirement, the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\ns 188 amd 2007 No. 22 ss 56 , 3 sch 1\n(sec.188-ssec.1) An inspector may require a person, or an executive officer of a corporation, of whom a document production requirement has been made to attend before the inspector to answer questions or give information about the document to which the document production requirement relates.\n(sec.188-ssec.2) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about the operations of a primary licensee conducted under a primary licence— the licensee or, if the licensee is a corporation, an executive officer of the licensee; a licensed employee employed by the licensee; if the licensee is a lottery operator—a lottery agent appointed by the lottery operator or, if the lottery agent is a corporation, an executive officer of the corporation; an employee of a lottery agent mentioned in paragraph (c) ; another person associated with the operations or management of— the licensee; or a lottery agent mentioned in paragraph (c) .\n(sec.188-ssec.3) An inspector may require any of the following persons to attend before the inspector to answer questions or give information about a lottery agent’s operations for the conduct of an approved lottery by the lottery operator by whom the agent is appointed— the lottery agent or, if the agent is a corporation, an executive officer of the agent; an employee of the lottery agent; the lottery operator or, if the lottery operator is a corporation, an executive officer of the corporation; another person associated with the operations or management of— the lottery agent; or the lottery operator.\n(sec.188-ssec.4) A requirement made of a person under this section must— be made by written notice given to the person; and state a reasonable time and place for the person’s attendance.\n(sec.188-ssec.5) When making the requirement, the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) the licensee or, if the licensee is a corporation, an executive officer of the licensee;\n- (b) a licensed employee employed by the licensee;\n- (c) if the licensee is a lottery operator—a lottery agent appointed by the lottery operator or, if the lottery agent is a corporation, an executive officer of the corporation;\n- (d) an employee of a lottery agent mentioned in paragraph (c) ;\n- (e) another person associated with the operations or management of— (i) the licensee; or (ii) a lottery agent mentioned in paragraph (c) .\n- (i) the licensee; or\n- (ii) a lottery agent mentioned in paragraph (c) .\n- (i) the licensee; or\n- (ii) a lottery agent mentioned in paragraph (c) .\n- (a) the lottery agent or, if the agent is a corporation, an executive officer of the agent;\n- (b) an employee of the lottery agent;\n- (c) the lottery operator or, if the lottery operator is a corporation, an executive officer of the corporation;\n- (d) another person associated with the operations or management of— (i) the lottery agent; or (ii) the lottery operator.\n- (i) the lottery agent; or\n- (ii) the lottery operator.\n- (i) the lottery agent; or\n- (ii) the lottery operator.\n- (a) be made by written notice given to the person; and\n- (b) state a reasonable time and place for the person’s attendance.","sortOrder":264},{"sectionNumber":"sec.189","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.189 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 188 must not, unless the person has a reasonable excuse—\nfail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\nwhen attending before the inspector—\nfail to comply with a requirement to answer a question or give information; or\nstate anything the person knows to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n(sec.189-ssec.1) A person of whom a requirement is made under section 188 must not, unless the person has a reasonable excuse— fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or when attending before the inspector— fail to comply with a requirement to answer a question or give information; or state anything the person knows to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.189-ssec.2) It is a reasonable excuse for a person to fail to comply with a requirement to answer a question or give information if complying with the requirement might tend to incriminate the person.\n- (a) fail to attend before the inspector at the time and place stated in the notice imposing the requirement; or\n- (b) when attending before the inspector— (i) fail to comply with a requirement to answer a question or give information; or (ii) state anything the person knows to be false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows to be false or misleading in a material particular.\n- (i) fail to comply with a requirement to answer a question or give information; or\n- (ii) state anything the person knows to be false or misleading in a material particular.","sortOrder":265},{"sectionNumber":"sec.190","sectionType":"section","heading":"Power to require financial records","content":"### sec.190 Power to require financial records\n\nThis section applies to a person who is the manager or other principal officer at a place of business of a financial institution at which—\na primary licensee keeps an account in relation to the licensee’s operations under a primary licence; or\na lottery agent keeps an account in relation to the agent’s operations.\nAn inspector may, by written notice given to the person, require the person to give to the inspector, within the time (not less than 7 days) stated in the notice—\na statement of account for the account; or\ncopies of cheques or other records relevant to the account; or\nother particulars or documents relevant to the account stated in the notice.\nAn inspector may make a requirement under subsection (2) (a financial records requirement ) only with the written approval of the chief executive.\ns 190 amd 2007 No. 22 s 3 sch 1\n(sec.190-ssec.1) This section applies to a person who is the manager or other principal officer at a place of business of a financial institution at which— a primary licensee keeps an account in relation to the licensee’s operations under a primary licence; or a lottery agent keeps an account in relation to the agent’s operations.\n(sec.190-ssec.2) An inspector may, by written notice given to the person, require the person to give to the inspector, within the time (not less than 7 days) stated in the notice— a statement of account for the account; or copies of cheques or other records relevant to the account; or other particulars or documents relevant to the account stated in the notice.\n(sec.190-ssec.3) An inspector may make a requirement under subsection (2) (a financial records requirement ) only with the written approval of the chief executive.\n- (a) a primary licensee keeps an account in relation to the licensee’s operations under a primary licence; or\n- (b) a lottery agent keeps an account in relation to the agent’s operations.\n- (a) a statement of account for the account; or\n- (b) copies of cheques or other records relevant to the account; or\n- (c) other particulars or documents relevant to the account stated in the notice.","sortOrder":266},{"sectionNumber":"sec.191","sectionType":"section","heading":"Effect of compliance with financial records requirement","content":"### sec.191 Effect of compliance with financial records requirement\n\nNo liability for breach of trust or on any other basis attaches to a person who is the manager or other principal officer at a place of business of a financial institution merely because the person complies with a financial records requirement.\nNo liability for breach of trust or on any other basis attaches to a financial institution merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.\n(sec.191-ssec.1) No liability for breach of trust or on any other basis attaches to a person who is the manager or other principal officer at a place of business of a financial institution merely because the person complies with a financial records requirement.\n(sec.191-ssec.2) No liability for breach of trust or on any other basis attaches to a financial institution merely because a person who is the manager or other principal officer at a place of business of the institution complies with a financial records requirement.","sortOrder":267},{"sectionNumber":"sec.192","sectionType":"section","heading":"Failure to comply with financial records requirement","content":"### sec.192 Failure to comply with financial records requirement\n\nA person of whom a financial records requirement is made must comply with the requirement within the time stated in the relevant notice, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.","sortOrder":268},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Powers of Minister","content":"## Powers of Minister","sortOrder":269},{"sectionNumber":"sec.193","sectionType":"section","heading":"Direction about management practice","content":"### sec.193 Direction about management practice\n\nThis section applies if the Minister reasonably believes—\nthe management, supervision or control of a part of a primary licensee’s or lottery agent’s operations (the management practice ) is unsatisfactory; and\nthe management practice may—\ncompromise proper standards of integrity in the conduct of approved lotteries stated in the primary licence; or\nadversely affect the public interest in some other way.\nThe Minister may direct the primary licensee or the lottery agent to stop, or change, the management practice.\nThe direction must—\nbe in writing; and\nstate the grounds on which the Minister believes the management practice is unsatisfactory; and\nif the person is required to change the management practice—clearly describe how the practice is to be changed; and\nstate when the person is required to comply with the direction.\nA person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —40 penalty units.\ns 193 amd 2007 No. 22 ss 57 , 3 sch 1\n(sec.193-ssec.1) This section applies if the Minister reasonably believes— the management, supervision or control of a part of a primary licensee’s or lottery agent’s operations (the management practice ) is unsatisfactory; and the management practice may— compromise proper standards of integrity in the conduct of approved lotteries stated in the primary licence; or adversely affect the public interest in some other way.\n(sec.193-ssec.2) The Minister may direct the primary licensee or the lottery agent to stop, or change, the management practice.\n(sec.193-ssec.3) The direction must— be in writing; and state the grounds on which the Minister believes the management practice is unsatisfactory; and if the person is required to change the management practice—clearly describe how the practice is to be changed; and state when the person is required to comply with the direction.\n(sec.193-ssec.4) A person to whom a direction is given must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —40 penalty units.\n- (a) the management, supervision or control of a part of a primary licensee’s or lottery agent’s operations (the management practice ) is unsatisfactory; and\n- (b) the management practice may— (i) compromise proper standards of integrity in the conduct of approved lotteries stated in the primary licence; or (ii) adversely affect the public interest in some other way.\n- (i) compromise proper standards of integrity in the conduct of approved lotteries stated in the primary licence; or\n- (ii) adversely affect the public interest in some other way.\n- (i) compromise proper standards of integrity in the conduct of approved lotteries stated in the primary licence; or\n- (ii) adversely affect the public interest in some other way.\n- (a) be in writing; and\n- (b) state the grounds on which the Minister believes the management practice is unsatisfactory; and\n- (c) if the person is required to change the management practice—clearly describe how the practice is to be changed; and\n- (d) state when the person is required to comply with the direction.","sortOrder":270},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"General enforcement matters","content":"## General enforcement matters","sortOrder":271},{"sectionNumber":"sec.194","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.194 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized—whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.194-ssec.1) On conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.194-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized—whether or not the thing has been returned to its owner.\n(sec.194-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.194-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized—whether or not the thing has been returned to its owner.","sortOrder":272},{"sectionNumber":"sec.195","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.195 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy the thing.\n(sec.195-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.195-ssec.2) Without limiting subsection (1) , the chief executive may destroy the thing.","sortOrder":273},{"sectionNumber":"sec.196","sectionType":"section","heading":"Notice of damage","content":"### sec.196 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an inspector damages something.\nThe inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the thing.\nIf the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state that belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the inspector reasonably considers trivial.\nIn this section—\nowner , of a thing, includes the person in possession or control of it.\n(sec.196-ssec.1) This section applies if— an inspector damages something when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages something.\n(sec.196-ssec.2) The inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the thing.\n(sec.196-ssec.3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state that belief in the notice.\n(sec.196-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.196-ssec.5) This section does not apply to damage the inspector reasonably considers trivial.\n(sec.196-ssec.6) In this section— owner , of a thing, includes the person in possession or control of it.\n- (a) an inspector damages something when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an inspector damages something.","sortOrder":274},{"sectionNumber":"sec.197","sectionType":"section","heading":"Compensation","content":"### sec.197 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 —\nsubdivision 1 (Power to enter places)\nsubdivision 3 (General powers)\nsubdivision 4 (Power to seize evidence)\nsubdivision 6 (Power to obtain information).\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.197-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 — subdivision 1 (Power to enter places) subdivision 3 (General powers) subdivision 4 (Power to seize evidence) subdivision 6 (Power to obtain information).\n(sec.197-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.197-ssec.3) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.197-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.197-ssec.5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- • subdivision 1 (Power to enter places)\n- • subdivision 3 (General powers)\n- • subdivision 4 (Power to seize evidence)\n- • subdivision 6 (Power to obtain information).\n- (a) brought in a court with jurisdiction in proceedings for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":275},{"sectionNumber":"sec.198","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.198 Protecting officials from liability\n\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\nan inspector; or\na person acting under the direction of an inspector.\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.198-ssec.1) In this section— official means— the Minister; or the chief executive; or an inspector; or a person acting under the direction of an inspector.\n(sec.198-ssec.2) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.198-ssec.3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) an inspector; or\n- (d) a person acting under the direction of an inspector.","sortOrder":276},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"General enforcement offences","content":"## General enforcement offences","sortOrder":277},{"sectionNumber":"sec.199","sectionType":"section","heading":"False or misleading statements","content":"### sec.199 False or misleading statements\n\nA person must not state anything to an inspector the person knows to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.199-ssec.1) A person must not state anything to an inspector the person knows to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.199-ssec.2) It is enough for a complaint for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.","sortOrder":278},{"sectionNumber":"sec.200","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.200 False, misleading or incomplete documents\n\nA person must not give an inspector a document containing information the person knows to be false, misleading or incomplete in a material particular.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nAlso, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.\n(sec.200-ssec.1) A person must not give an inspector a document containing information the person knows to be false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units.\n(sec.200-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.200-ssec.3) Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units.\n(sec.200-ssec.4) It is enough for a complaint for an offence against subsection (1) or (3) to state that the document or entry was false, misleading or incomplete to the person’s knowledge.\n- (a) tells the inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":279},{"sectionNumber":"sec.201","sectionType":"section","heading":"Obstructing inspectors","content":"### sec.201 Obstructing inspectors\n\nA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction.\nMaximum penalty—40 penalty units.\nIf a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction; and\nif the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.\ns 201 amd 2000 No. 5 s 461 sch 3\n(sec.201-ssec.1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction. Maximum penalty—40 penalty units.\n(sec.201-ssec.2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction; and if the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.\n- (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction; and\n- (c) if the person continues to obstruct the inspector, the inspector may ask a police officer to help the inspector exercise the power.","sortOrder":280},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 om 2000 No. 5 s 461 sch 3","sortOrder":281},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":282},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":283},{"sectionNumber":"sec.203","sectionType":"section","heading":"Application of division","content":"### sec.203 Application of division\n\nThis division applies to a proceeding under this Act.","sortOrder":284},{"sectionNumber":"sec.204","sectionType":"section","heading":"Appointments and authority","content":"### sec.204 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nan inspector’s appointment under a gaming Act; or\nthe authority of the chief executive or an inspector to do anything under this Act.\ns 204 amd 2004 No. 21 s 123 sch\n- (a) the chief executive’s appointment; or\n- (b) an inspector’s appointment under a gaming Act; or\n- (c) the authority of the chief executive or an inspector to do anything under this Act.","sortOrder":285},{"sectionNumber":"sec.205","sectionType":"section","heading":"Signatures","content":"### sec.205 Signatures\n\nA signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be.","sortOrder":286},{"sectionNumber":"sec.206","sectionType":"section","heading":"Evidentiary aids","content":"### sec.206 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice, direction or requirement;\na licence;\na record, or an extract from a record;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not the holder of a licence;\non a stated day, or during a stated period, a licence—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day, a licence was suspended for a stated period or cancelled;\non a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or a stated approval was, or was not, in force for a stated person or thing;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid;\nanything else prescribed under a regulation.\nIn this section—\nlicence means a lottery licence, lottery operator’s licence or a key person licence.\ns 206 amd 2004 No. 21 s 123 sch ; 2007 No. 22 s 58\n(sec.206-ssec.1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice, direction or requirement; a licence; a record, or an extract from a record; a stated document is another document kept under this Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, a stated person was or was not the holder of a licence; on a stated day, or during a stated period, a licence— was or was not in force; or was or was not subject to a stated condition; on a stated day, a licence was suspended for a stated period or cancelled; on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or a stated approval was, or was not, in force for a stated person or thing; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid; anything else prescribed under a regulation.\n(sec.206-ssec.2) In this section— licence means a lottery licence, lottery operator’s licence or a key person licence.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a licence; (iv) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a licence;\n- (iv) a record, or an extract from a record;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not the holder of a licence;\n- (e) on a stated day, or during a stated period, a licence— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (f) on a stated day, a licence was suspended for a stated period or cancelled;\n- (g) on a stated day, or during a stated period, a stated appointment (including a person’s appointment as an inspector under a gaming Act) or a stated approval was, or was not, in force for a stated person or thing;\n- (h) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (i) on a stated day, a stated requirement was made of a stated person;\n- (j) a stated amount is payable under this Act by a stated person and has not been paid;\n- (k) anything else prescribed under a regulation.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a licence;\n- (iv) a record, or an extract from a record;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;","sortOrder":287},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":288},{"sectionNumber":"sec.207","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.207 Indictable and summary offences\n\nAn offence against section 140 , 141 , or 143 is an indictable offence.\nAny other offence against this Act is a summary offence.\n(sec.207-ssec.1) An offence against section 140 , 141 , or 143 is an indictable offence.\n(sec.207-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":289},{"sectionNumber":"sec.208","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.208 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceedings must be disregarded; and\nevidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n(sec.208-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.208-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers the charge should be prosecuted on indictment.\n(sec.208-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceedings must be disregarded; and evidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.208-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceedings must be disregarded; and\n- (c) evidence brought in the proceedings before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":290},{"sectionNumber":"sec.209","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.209 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge of an indictable offence; or\nfor an examination of witnesses for a charge of an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.209-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge of an indictable offence; or for an examination of witnesses for a charge of an indictable offence.\n(sec.209-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge of an indictable offence; or\n- (b) for an examination of witnesses for a charge of an indictable offence.","sortOrder":291},{"sectionNumber":"sec.210","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.210 Limitation on time for starting summary proceedings\n\nA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 may start at any time but if started more than 1 year after the commission of the offence must start within 6 months after the offence comes to the complainant’s knowledge.","sortOrder":292},{"sectionNumber":"sec.211","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.211 Responsibility for acts or omissions of representatives\n\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\nSubsections (3) and (4) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.211-ssec.1) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n(sec.211-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.\n(sec.211-ssec.3) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.211-ssec.4) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.","sortOrder":293},{"sectionNumber":"sec.212","sectionType":"section","heading":"Executive officer may be taken to have committed offence against s 99 (1)","content":"### sec.212 Executive officer may be taken to have committed offence against s 99 (1)\n\nIf a corporation commits an offence against section 99 (1) , each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against section 99 (1) whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against section 99 (1) ;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 99 (1) .\ns 212 sub 2013 No. 51 s 104\n(sec.212-ssec.1) If a corporation commits an offence against section 99 (1) , each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.212-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 99 (1) whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.212-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 99 (1) ; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 99 (1) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against section 99 (1) ;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 99 (1) .","sortOrder":294},{"sectionNumber":"sec.213","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.213 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nThe maximum penalty for an attempt is one-half the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.213-ssec.1) A person who attempts to commit an offence against this Act commits an offence.\n(sec.213-ssec.2) The maximum penalty for an attempt is one-half the maximum penalty for the completed offence.\n(sec.213-ssec.3) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":295},{"sectionNumber":"pt.10","sectionType":"part","heading":"Review of decisions by tribunal","content":"# Review of decisions by tribunal","sortOrder":296},{"sectionNumber":"sec.214","sectionType":"section","heading":"When lottery operators may apply for review","content":"### sec.214 When lottery operators may apply for review\n\nA lottery operator may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive mentioned in schedule 2 , part 1 .\ns 214 amd 1999 No. 77 s 210 sch 2 ; 2007 No. 22 s 3 sch 1\nsub 2009 No. 24 s 650","sortOrder":297},{"sectionNumber":"sec.215","sectionType":"section","heading":"When applicants for key person licences may apply for review","content":"### sec.215 When applicants for key person licences may apply for review\n\nAn applicant for a key person licence may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive under section 48 to refuse to grant the application.\ns 215 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 650","sortOrder":298},{"sectionNumber":"sec.216","sectionType":"section","heading":"When licensees under key person licences may apply for review","content":"### sec.216 When licensees under key person licences may apply for review\n\nA licensee under a key person licence may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive mentioned in schedule 2 , part 2 .\ns 216 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 650","sortOrder":299},{"sectionNumber":"sec.217","sectionType":"section","heading":"When lottery agents may apply for review","content":"### sec.217 When lottery agents may apply for review\n\nA lottery agent may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of the chief executive mentioned in schedule 2 , part 3 .\ns 217 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 650","sortOrder":300},{"sectionNumber":"sec.218","sectionType":"section","heading":"When other persons may apply for review","content":"### sec.218 When other persons may apply for review\n\nWithin 28 days after receiving a notice under section 132AA (4) (b) , a person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision under section 132AA (4) (a) .\nThe owner of a thing seized by an inspector may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of an inspector under section 176 to forfeit the thing.\ns 218 amd 1999 No. 77 s 210 sch 2 ; 2007 No. 22 s 59\nsub 2009 No. 24 s 650\n(sec.218-ssec.1) Within 28 days after receiving a notice under section 132AA (4) (b) , a person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision under section 132AA (4) (a) .\n(sec.218-ssec.2) The owner of a thing seized by an inspector may apply, as provided under the QCAT Act , to the tribunal for a review of a decision of an inspector under section 176 to forfeit the thing.","sortOrder":301},{"sectionNumber":"sec.219","sectionType":"section","heading":"Tribunal to decide review on evidence before the chief executive","content":"### sec.219 Tribunal to decide review on evidence before the chief executive\n\nIn a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must—\nhear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\ndecide the review of the decision in accordance with the same law that applied to the making of the original decision.\nIf the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—\nheard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\ndecided in accordance with the same law that applied to the making of the original decision.\nIn this section—\noriginal decision means the decision of the chief executive to which the proceeding for the review relates.\ns 219 prev s 219 om 1999 No. 77 s 199\npres s 219 ins 2009 No. 24 s 650\n(sec.219-ssec.1) In a proceeding for a review of a decision of the chief executive by the tribunal, the tribunal must— hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n(sec.219-ssec.2) If the tribunal decides, under the QCAT Act , section 139 , that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be— heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and decided in accordance with the same law that applied to the making of the original decision.\n(sec.219-ssec.3) In this section— original decision means the decision of the chief executive to which the proceeding for the review relates.\n- (a) hear and decide the review of the decision by way of a reconsideration of the evidence before the chief executive when the decision was made; and\n- (b) decide the review of the decision in accordance with the same law that applied to the making of the original decision.\n- (a) heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and\n- (b) decided in accordance with the same law that applied to the making of the original decision.","sortOrder":302},{"sectionNumber":"sec.220","sectionType":"section","heading":"Tribunal may give leave for review to be decided on new evidence in particular circumstances","content":"### sec.220 Tribunal may give leave for review to be decided on new evidence in particular circumstances\n\nDespite section 219 , the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied—\nthe party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and\nin the circumstances, it would be unfair not to allow the party to present the new evidence.\nIf the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\nIn this section—\nnew evidence means evidence that was not before the chief executive when the decision was made.\ns 220 amd 1999 No. 77 s 210 sch 2 ; 2002 No. 43 s 101 ; 2007 No. 22 s 60\nsub 2009 No. 24 s 650\n(sec.220-ssec.1) Despite section 219 , the tribunal may grant a party to a proceeding for a review of a decision of the chief executive (the decision ) leave to present new evidence if the tribunal is satisfied— the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and in the circumstances, it would be unfair not to allow the party to present the new evidence.\n(sec.220-ssec.2) If the tribunal gives leave under subsection (1) , the tribunal must adjourn the proceedings for a stated reasonable time to allow the chief executive to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.\n(sec.220-ssec.3) In this section— new evidence means evidence that was not before the chief executive when the decision was made.\n- (a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and\n- (b) in the circumstances, it would be unfair not to allow the party to present the new evidence.","sortOrder":303},{"sectionNumber":"sec.221","sectionType":"section","heading":"Appeals from tribunal only to Court of Appeal on a question of law","content":"### sec.221 Appeals from tribunal only to Court of Appeal on a question of law\n\nThis section applies to a decision of the tribunal (the tribunal decision ) in a proceeding for a review of a decision mentioned in sections 214 to 218 .\nThe QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\nA party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.\nTo remove any doubt, it is declared that the QCAT Act , section 149 does not apply to the tribunal decision.\nSee the QCAT Act , sections 151 to 153 , 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.\ns 221 amd 1999 No. 77 s 210 sch 2\nsub 2009 No. 24 s 650\n(sec.221-ssec.1) This section applies to a decision of the tribunal (the tribunal decision ) in a proceeding for a review of a decision mentioned in sections 214 to 218 .\n(sec.221-ssec.2) The QCAT Act , chapter 2 , part 8 , division 1 does not apply to the tribunal decision.\n(sec.221-ssec.3) A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.\n(sec.221-ssec.4) To remove any doubt, it is declared that the QCAT Act , section 149 does not apply to the tribunal decision. See the QCAT Act , sections 151 to 153 , 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.","sortOrder":304},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 amd 1999 No. 77 s 210 sch 2\nom 2009 No. 24 s 650","sortOrder":305},{"sectionNumber":"sec.222A","sectionType":"section","heading":null,"content":"### Section sec.222A\n\ns 222A ins 1999 No. 77 s 200\nom 2009 No. 24 s 650","sortOrder":306},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 amd 1999 No. 77 s 210 sch 2\nom 2009 No. 24 s 650","sortOrder":307},{"sectionNumber":"sec.223A","sectionType":"section","heading":null,"content":"### Section sec.223A\n\ns 223A ins 2004 No. 21 s 98\nom 2009 No. 24 s 650","sortOrder":308},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 amd 1999 No. 19 s 3 sch ; 1999 No. 77 s 210 sch 2\nom 2009 No. 24 s 650","sortOrder":309},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":310},{"sectionNumber":"sec.225","sectionType":"section","heading":"Confidentiality of information","content":"### sec.225 Confidentiality of information\n\nA person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to the disclosure of confidential information by a person—\nfor a purpose under this Act or a gaming Act; or\nwith a lawful excuse; or\nunder an approval of the chief executive under this section.\nThe chief executive may approve the disclosure of confidential information by a person to—\nan entity prescribed under a regulation; or\nan officer, employee or member of the entity; or\na stated department, person or other entity.\nBefore giving an approval for subsection (3) (c) , the chief executive must—\ngive written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and\ngive the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\nIf confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.\nIn this section—\nconfidential information means information, other than information that is publicly available, about—\na person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or\na person making an application under this Act.\ns 225 amd 2004 No. 21 ss 99 , 123 sch\n(sec.225-ssec.1) A person who is, or was, an inspector, or officer or employee of the department, must not disclose confidential information gained by the person in performing functions under this Act. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.225-ssec.2) Subsection (1) does not apply to the disclosure of confidential information by a person— for a purpose under this Act or a gaming Act; or with a lawful excuse; or under an approval of the chief executive under this section.\n(sec.225-ssec.3) The chief executive may approve the disclosure of confidential information by a person to— an entity prescribed under a regulation; or an officer, employee or member of the entity; or a stated department, person or other entity.\n(sec.225-ssec.4) Before giving an approval for subsection (3) (c) , the chief executive must— give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\n(sec.225-ssec.5) If confidential information is disclosed to an entity or person under an approval given by the chief executive, the entity or person, and any employee or other person under the control of the entity or person, are taken to be persons to whom subsection (1) applies and to have gained the information in performing functions under this Act.\n(sec.225-ssec.6) In this section— confidential information means information, other than information that is publicly available, about— a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or a person making an application under this Act.\n- (a) for a purpose under this Act or a gaming Act; or\n- (b) with a lawful excuse; or\n- (c) under an approval of the chief executive under this section.\n- (a) an entity prescribed under a regulation; or\n- (b) an officer, employee or member of the entity; or\n- (c) a stated department, person or other entity.\n- (a) give written notice of the proposed approval to any person whom the chief executive considers likely to be affected adversely by the disclosure; and\n- (b) give the person the opportunity of making a submission about the proposed approval within the time (not less than 14 days) stated in the notice.\n- (a) a person’s personal affairs, business affairs or reputation, character, criminal history, current financial position or financial background; or\n- (b) a person making an application under this Act.","sortOrder":311},{"sectionNumber":"sec.225A","sectionType":"section","heading":"Commissioner of police service to notify changes in criminal history","content":"### sec.225A Commissioner of police service to notify changes in criminal history\n\nThis section applies if—\nthe chief executive gives the commissioner of the police service the name of a relevant person for this section; and\nthe commissioner reasonably suspects a person who is charged with an offence is the relevant person.\nThe commissioner must notify the chief executive about the change in the person’s criminal history.\nThe notice must state the following—\nthe person’s name and address;\nthe person’s date of birth;\nthe offence the person is charged with;\nparticulars of the offence;\nthe date of the charge.\nThe chief executive may confirm the suspicions of the commissioner of the police service under subsection (1) .\nIn this section—\nrelevant person means—\na licensed employee; or\na primary licensee who is an individual; or\nan individual identified by the Minister as being a business or executive associate of a primary licensee.\ns 225A prev s 225A ins 2005 No. 28 s 67\namd 2007 No. 22 s 61\nom 2009 No. 13 s 213 sch 5\npres s 225A ins 2009 No. 41 s 92\n(sec.225A-ssec.1) This section applies if— the chief executive gives the commissioner of the police service the name of a relevant person for this section; and the commissioner reasonably suspects a person who is charged with an offence is the relevant person.\n(sec.225A-ssec.2) The commissioner must notify the chief executive about the change in the person’s criminal history.\n(sec.225A-ssec.3) The notice must state the following— the person’s name and address; the person’s date of birth; the offence the person is charged with; particulars of the offence; the date of the charge.\n(sec.225A-ssec.4) The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1) .\n(sec.225A-ssec.5) In this section— relevant person means— a licensed employee; or a primary licensee who is an individual; or an individual identified by the Minister as being a business or executive associate of a primary licensee.\n- (a) the chief executive gives the commissioner of the police service the name of a relevant person for this section; and\n- (b) the commissioner reasonably suspects a person who is charged with an offence is the relevant person.\n- (a) the person’s name and address;\n- (b) the person’s date of birth;\n- (c) the offence the person is charged with;\n- (d) particulars of the offence;\n- (e) the date of the charge.\n- (a) a licensed employee; or\n- (b) a primary licensee who is an individual; or\n- (c) an individual identified by the Minister as being a business or executive associate of a primary licensee.","sortOrder":312},{"sectionNumber":"sec.226","sectionType":"section","heading":"Delegations","content":"### sec.226 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to—\nthe chief executive; or\nan appropriately qualified inspector or an appropriately qualified officer of the department.\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the public service\ns 226 amd 2002 No. 43 s 102 ; 2005 No. 12 s 78\n(sec.226-ssec.1) The Minister may delegate the Minister’s powers under this Act to— the chief executive; or an appropriately qualified inspector or an appropriately qualified officer of the department.\n(sec.226-ssec.2) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified inspector or an appropriately qualified officer of the department.\n(sec.226-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the public service\n- (a) the chief executive; or\n- (b) an appropriately qualified inspector or an appropriately qualified officer of the department.","sortOrder":313},{"sectionNumber":"sec.226A","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.226A Chief executive may make guidelines\n\nThe chief executive may make guidelines to inform persons about—\nthe attitude the chief executive is likely to adopt on a particular matter; or\nhow the chief executive administers this Act.\nThe chief executive must publish the guidelines on the department’s website.\ns 226A ins 2022 No. 23 s 95\n(sec.226A-ssec.1) The chief executive may make guidelines to inform persons about— the attitude the chief executive is likely to adopt on a particular matter; or how the chief executive administers this Act.\n(sec.226A-ssec.2) The chief executive must publish the guidelines on the department’s website.\n- (a) the attitude the chief executive is likely to adopt on a particular matter; or\n- (b) how the chief executive administers this Act.","sortOrder":314},{"sectionNumber":"sec.227","sectionType":"section","heading":"Approval of forms","content":"### sec.227 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":315},{"sectionNumber":"sec.228","sectionType":"section","heading":"Regulation-making power","content":"### sec.228 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nbe about fees; or\nimpose a penalty of no more than 20 penalty units for contravention of a regulation; or\nbe about—\nestablishing, and operating, a player account; or\ncancelling a lottery ticket; or\nvoid lottery tickets; or\ndrawing a lottery, and publishing results of the draw; or\nclaiming a prize; or\ndistributing a prize pool; or\nwithdrawing unsold lottery tickets; or\nprize payouts; or\nbe about the methods of payment used—\nwith regulated lottery equipment; or\nto participate in a lottery; or\nfor paying prizes or refunding an amount wagered on a lottery; or\nfor making a deposit to, or a withdrawal from, a player account.\ns 228 amd 2005 No. 12 s 79 ; 2009 No. 41 s 93 ; 2022 No. 23 s 96\n(sec.228-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.228-ssec.2) A regulation may— be about fees; or impose a penalty of no more than 20 penalty units for contravention of a regulation; or be about— establishing, and operating, a player account; or cancelling a lottery ticket; or void lottery tickets; or drawing a lottery, and publishing results of the draw; or claiming a prize; or distributing a prize pool; or withdrawing unsold lottery tickets; or prize payouts; or be about the methods of payment used— with regulated lottery equipment; or to participate in a lottery; or for paying prizes or refunding an amount wagered on a lottery; or for making a deposit to, or a withdrawal from, a player account.\n- (a) be about fees; or\n- (b) impose a penalty of no more than 20 penalty units for contravention of a regulation; or\n- (c) be about— (i) establishing, and operating, a player account; or (ii) cancelling a lottery ticket; or (iii) void lottery tickets; or (iv) drawing a lottery, and publishing results of the draw; or (v) claiming a prize; or (vi) distributing a prize pool; or (vii) withdrawing unsold lottery tickets; or (viii) prize payouts; or\n- (i) establishing, and operating, a player account; or\n- (ii) cancelling a lottery ticket; or\n- (iii) void lottery tickets; or\n- (iv) drawing a lottery, and publishing results of the draw; or\n- (v) claiming a prize; or\n- (vi) distributing a prize pool; or\n- (vii) withdrawing unsold lottery tickets; or\n- (viii) prize payouts; or\n- (d) be about the methods of payment used— (i) with regulated lottery equipment; or (ii) to participate in a lottery; or (iii) for paying prizes or refunding an amount wagered on a lottery; or (iv) for making a deposit to, or a withdrawal from, a player account.\n- (i) with regulated lottery equipment; or\n- (ii) to participate in a lottery; or\n- (iii) for paying prizes or refunding an amount wagered on a lottery; or\n- (iv) for making a deposit to, or a withdrawal from, a player account.\n- (i) establishing, and operating, a player account; or\n- (ii) cancelling a lottery ticket; or\n- (iii) void lottery tickets; or\n- (iv) drawing a lottery, and publishing results of the draw; or\n- (v) claiming a prize; or\n- (vi) distributing a prize pool; or\n- (vii) withdrawing unsold lottery tickets; or\n- (viii) prize payouts; or\n- (i) with regulated lottery equipment; or\n- (ii) to participate in a lottery; or\n- (iii) for paying prizes or refunding an amount wagered on a lottery; or\n- (iv) for making a deposit to, or a withdrawal from, a player account.","sortOrder":316},{"sectionNumber":"pt.11A","sectionType":"part","heading":"Transaction involving GCLC","content":"# Transaction involving GCLC","sortOrder":317},{"sectionNumber":"pt.11A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":318},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Definitions for pt 11A","content":"### sec.228A Definitions for pt 11A\n\nIn this part—\ncommencement day means the day this part commences.\nconstitution see the Corporations Act , section 9 .\ncurrent lottery licence , of GCLC, means the lottery licence held by GCLC immediately before the commencement day.\nGCLC means Golden Casket Lottery Corporation Limited ACN 078 785 449.\nGCLC company means—\nGCLC; or\na subsidiary of GCLC other than Bounty Limited ACN 096 276 292.\nmandatory constitutional requirements means—\nthe requirement under section 228K that a GCLC company must have a constitution at all times; and\nthe requirements under section 228K about what must be in a GCLC company’s constitution at all times.\nshare means a share in the share capital of a body corporate.\nState company means Queensland Lottery Corporation Pty Ltd ACN 124 921 311.\nsubsidiary see the Corporations Act , section 9 .\ntransaction means the transaction mentioned in section 228B .\ns 228A ins 2007 No. 22 s 62\n- (a) GCLC; or\n- (b) a subsidiary of GCLC other than Bounty Limited ACN 096 276 292.\n- (a) the requirement under section 228K that a GCLC company must have a constitution at all times; and\n- (b) the requirements under section 228K about what must be in a GCLC company’s constitution at all times.","sortOrder":319},{"sectionNumber":"sec.228B","sectionType":"section","heading":"Object","content":"### sec.228B Object\n\nThe object of this part is to facilitate a transaction comprising the following—\nGCLC stops being a company GOC;\nthe shares in GCLC are transferred;\nGCLC’s current lottery licence ends;\na lottery licence is issued to the State company;\na lottery operator’s licence is issued to GCLC;\nthe State company and GCLC enter into an agreement which is approved as a lottery operation agreement;\nthe State company starts operating as a lottery licensee;\nGCLC starts operating as a lottery operator in compliance with this part.\ns 228B ins 2007 No. 22 s 62\n- (a) GCLC stops being a company GOC;\n- (b) the shares in GCLC are transferred;\n- (c) GCLC’s current lottery licence ends;\n- (d) a lottery licence is issued to the State company;\n- (e) a lottery operator’s licence is issued to GCLC;\n- (f) the State company and GCLC enter into an agreement which is approved as a lottery operation agreement;\n- (g) the State company starts operating as a lottery licensee;\n- (h) GCLC starts operating as a lottery operator in compliance with this part.","sortOrder":320},{"sectionNumber":"pt.11A-div.2","sectionType":"division","heading":"Share transfer, licences and other matters for the transaction","content":"## Share transfer, licences and other matters for the transaction","sortOrder":321},{"sectionNumber":"sec.228C","sectionType":"section","heading":"Minister’s power to execute share transfers","content":"### sec.228C Minister’s power to execute share transfers\n\nFor the transaction, the Minister may execute any document transferring shares in GCLC to a person.\nSubsection (1) applies even if the shares are held by a Minister other than the Minister.\ns 228C ins 2007 No. 22 s 62\n(sec.228C-ssec.1) For the transaction, the Minister may execute any document transferring shares in GCLC to a person.\n(sec.228C-ssec.2) Subsection (1) applies even if the shares are held by a Minister other than the Minister.","sortOrder":322},{"sectionNumber":"sec.228D","sectionType":"section","heading":"GCLC stops being a company GOC","content":"### sec.228D GCLC stops being a company GOC\n\nAt the beginning of the commencement day, GCLC stops being a company GOC.\nSubsection (1) does not affect GCLC’s registration under the Corporations Act .\ns 228D ins 2007 No. 22 s 62\n(sec.228D-ssec.1) At the beginning of the commencement day, GCLC stops being a company GOC.\n(sec.228D-ssec.2) Subsection (1) does not affect GCLC’s registration under the Corporations Act .","sortOrder":323},{"sectionNumber":"sec.228E","sectionType":"section","heading":"GCLC’s current lottery licence ends","content":"### sec.228E GCLC’s current lottery licence ends\n\nAt the beginning of the commencement day, GCLC is taken to have surrendered its current lottery licence.\ns 228E ins 2007 No. 22 s 62","sortOrder":324},{"sectionNumber":"sec.228F","sectionType":"section","heading":"Issue of licences to the State company and GCLC","content":"### sec.228F Issue of licences to the State company and GCLC\n\nOn the commencement day, the Minister must—\nissue a lottery licence to the State company; and\nissue a lottery operator’s licence to GCLC.\nFor all purposes, the licences are taken to have been issued at the beginning of the day.\nThe term of each licence is the period ending on 31 July 2072.\nSections 9 to 15 do not apply to the issue of the licences.\nOtherwise, this section does not limit the application of this Act to the licences.\nThe conditions of a licence may be changed under section 18 .\nA licence may be suspended or cancelled, or amended to omit a lottery, under part 2A , division 5 .\ns 228F ins 2007 No. 22 s 62\n(sec.228F-ssec.1) On the commencement day, the Minister must— issue a lottery licence to the State company; and issue a lottery operator’s licence to GCLC.\n(sec.228F-ssec.2) For all purposes, the licences are taken to have been issued at the beginning of the day.\n(sec.228F-ssec.3) The term of each licence is the period ending on 31 July 2072.\n(sec.228F-ssec.4) Sections 9 to 15 do not apply to the issue of the licences.\n(sec.228F-ssec.5) Otherwise, this section does not limit the application of this Act to the licences. The conditions of a licence may be changed under section 18 . A licence may be suspended or cancelled, or amended to omit a lottery, under part 2A , division 5 .\n- (a) issue a lottery licence to the State company; and\n- (b) issue a lottery operator’s licence to GCLC.\n- 1 The conditions of a licence may be changed under section 18 .\n- 2 A licence may be suspended or cancelled, or amended to omit a lottery, under part 2A , division 5 .","sortOrder":325},{"sectionNumber":"sec.228G","sectionType":"section","heading":"GCLC continuously authorised to conduct lotteries","content":"### sec.228G GCLC continuously authorised to conduct lotteries\n\nTo remove any doubt, it is declared that there is no time, between holding its current lottery licence and holding the lottery operator’s licence issued under section 228F , at which GCLC does not hold a licence under this Act to conduct a lottery.\ns 228G ins 2007 No. 22 s 62","sortOrder":326},{"sectionNumber":"sec.228H","sectionType":"section","heading":"Lottery operation agreement","content":"### sec.228H Lottery operation agreement\n\nThis section applies if, on or before the commencement day, the State company and GCLC enter into an agreement for the purpose of this section.\nOn or as soon as practicable after the commencement day, the State company and GCLC must give a copy of the agreement to the Minister.\nFrom the beginning of the commencement day, the agreement is taken to be approved by the Minister as a lottery operation agreement under part 2B .\ns 228H ins 2007 No. 22 s 62\n(sec.228H-ssec.1) This section applies if, on or before the commencement day, the State company and GCLC enter into an agreement for the purpose of this section.\n(sec.228H-ssec.2) On or as soon as practicable after the commencement day, the State company and GCLC must give a copy of the agreement to the Minister.\n(sec.228H-ssec.3) From the beginning of the commencement day, the agreement is taken to be approved by the Minister as a lottery operation agreement under part 2B .","sortOrder":327},{"sectionNumber":"sec.228I","sectionType":"section","heading":"Disposal of public records","content":"### sec.228I Disposal of public records\n\nThis section applies if—\na thing is done as part of the transaction; and\nthe thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\nTo remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\ns 228I ins 2007 No. 22 s 62\namd 2023 No. 33 s 107 sch 5\n(sec.228I-ssec.1) This section applies if— a thing is done as part of the transaction; and the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\n(sec.228I-ssec.2) To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\n- (a) a thing is done as part of the transaction; and\n- (b) the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .","sortOrder":328},{"sectionNumber":"pt.11A-div.3","sectionType":"division","heading":"Constitutions of GCLC companies and related matters","content":"## Constitutions of GCLC companies and related matters","sortOrder":329},{"sectionNumber":"sec.228J","sectionType":"section","heading":"Application of div 3","content":"### sec.228J Application of div 3\n\nThis division applies to each GCLC company while a lottery operation agreement is in force between GCLC and the State company.\ns 228J ins 2007 No. 22 s 62","sortOrder":330},{"sectionNumber":"sec.228K","sectionType":"section","heading":"Mandatory constitutional requirements for GCLC companies","content":"### sec.228K Mandatory constitutional requirements for GCLC companies\n\nA GCLC company must have, at all times, a constitution requiring the company’s head office to be located in Queensland.\nWithout limiting subsection (1) , a constitution does not comply with subsection (1) unless it requires—\nthe principal operational offices of the following company officers and personnel, however described, to be located in Queensland—\nat least 2 of the company’s directors;\nthe chairperson;\nthe senior officer having overall management of the company’s affairs;\nthe senior officer having overall management of the company’s financial affairs;\nthe senior officer having overall management of the company’s lottery operations;\nthe senior officer having overall management of any of the company services mentioned in paragraph (b) (i) to (vii) ; and\nthe principal operational offices for the following company services, however described, to be located in Queensland—\ndistribution, sales and marketing;\nstrategic planning and business and product development;\naccounting;\nhuman resource management;\nrisk management, compliance, audit and regulatory affairs;\ninformation technology and related services;\nadministration and corporate services; and\nthe following meetings of the company to be held in Queensland—\neach annual general meeting;\na majority of the board meetings in each year.\ns 228K ins 2007 No. 22 s 62\n(sec.228K-ssec.1) A GCLC company must have, at all times, a constitution requiring the company’s head office to be located in Queensland.\n(sec.228K-ssec.2) Without limiting subsection (1) , a constitution does not comply with subsection (1) unless it requires— the principal operational offices of the following company officers and personnel, however described, to be located in Queensland— at least 2 of the company’s directors; the chairperson; the senior officer having overall management of the company’s affairs; the senior officer having overall management of the company’s financial affairs; the senior officer having overall management of the company’s lottery operations; the senior officer having overall management of any of the company services mentioned in paragraph (b) (i) to (vii) ; and the principal operational offices for the following company services, however described, to be located in Queensland— distribution, sales and marketing; strategic planning and business and product development; accounting; human resource management; risk management, compliance, audit and regulatory affairs; information technology and related services; administration and corporate services; and the following meetings of the company to be held in Queensland— each annual general meeting; a majority of the board meetings in each year.\n- (a) the principal operational offices of the following company officers and personnel, however described, to be located in Queensland— (i) at least 2 of the company’s directors; (ii) the chairperson; (iii) the senior officer having overall management of the company’s affairs; (iv) the senior officer having overall management of the company’s financial affairs; (v) the senior officer having overall management of the company’s lottery operations; (vi) the senior officer having overall management of any of the company services mentioned in paragraph (b) (i) to (vii) ; and\n- (i) at least 2 of the company’s directors;\n- (ii) the chairperson;\n- (iii) the senior officer having overall management of the company’s affairs;\n- (iv) the senior officer having overall management of the company’s financial affairs;\n- (v) the senior officer having overall management of the company’s lottery operations;\n- (vi) the senior officer having overall management of any of the company services mentioned in paragraph (b) (i) to (vii) ; and\n- (b) the principal operational offices for the following company services, however described, to be located in Queensland— (i) distribution, sales and marketing; (ii) strategic planning and business and product development; (iii) accounting; (iv) human resource management; (v) risk management, compliance, audit and regulatory affairs; (vi) information technology and related services; (vii) administration and corporate services; and\n- (i) distribution, sales and marketing;\n- (ii) strategic planning and business and product development;\n- (iii) accounting;\n- (iv) human resource management;\n- (v) risk management, compliance, audit and regulatory affairs;\n- (vi) information technology and related services;\n- (vii) administration and corporate services; and\n- (c) the following meetings of the company to be held in Queensland— (i) each annual general meeting; (ii) a majority of the board meetings in each year.\n- (i) each annual general meeting;\n- (ii) a majority of the board meetings in each year.\n- (i) at least 2 of the company’s directors;\n- (ii) the chairperson;\n- (iii) the senior officer having overall management of the company’s affairs;\n- (iv) the senior officer having overall management of the company’s financial affairs;\n- (v) the senior officer having overall management of the company’s lottery operations;\n- (vi) the senior officer having overall management of any of the company services mentioned in paragraph (b) (i) to (vii) ; and\n- (i) distribution, sales and marketing;\n- (ii) strategic planning and business and product development;\n- (iii) accounting;\n- (iv) human resource management;\n- (v) risk management, compliance, audit and regulatory affairs;\n- (vi) information technology and related services;\n- (vii) administration and corporate services; and\n- (i) each annual general meeting;\n- (ii) a majority of the board meetings in each year.","sortOrder":331},{"sectionNumber":"sec.228L","sectionType":"section","heading":"Inconsistent alterations to GCLC companies’ constitutions have no effect","content":"### sec.228L Inconsistent alterations to GCLC companies’ constitutions have no effect\n\nA resolution of a GCLC company that would, apart from this subsection, have the effect of the company ceasing to have a constitution, or of altering the company’s constitution so that it would not comply with section 228K , has no effect.\nA resolution of a GCLC company has no effect if it would—\nif acted on and apart from this subsection—result in a contravention of the mandatory constitutional requirements; or\napart from this subsection—ratify an act or omission contravening the mandatory constitutional requirements.\ns 228L ins 2007 No. 22 s 62\n(sec.228L-ssec.1) A resolution of a GCLC company that would, apart from this subsection, have the effect of the company ceasing to have a constitution, or of altering the company’s constitution so that it would not comply with section 228K , has no effect.\n(sec.228L-ssec.2) A resolution of a GCLC company has no effect if it would— if acted on and apart from this subsection—result in a contravention of the mandatory constitutional requirements; or apart from this subsection—ratify an act or omission contravening the mandatory constitutional requirements.\n- (a) if acted on and apart from this subsection—result in a contravention of the mandatory constitutional requirements; or\n- (b) apart from this subsection—ratify an act or omission contravening the mandatory constitutional requirements.","sortOrder":332},{"sectionNumber":"sec.228M","sectionType":"section","heading":"Injunctions","content":"### sec.228M Injunctions\n\nSubsection (2) applies if a GCLC company or another person has engaged, is engaging or is proposing to engage in conduct constituting—\na contravention of the mandatory constitutional requirements; or\nattempting to contravene the mandatory constitutional requirements; or\naiding, abetting, counselling or procuring a person to contravene the mandatory constitutional requirements; or\ninducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitutional requirements; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitutional requirements; or\nconspiring with others to contravene the mandatory constitutional requirements.\nOn the application of the Minister, the Supreme Court may grant an injunction restraining the company or other person from engaging in the conduct and, if the court considers it appropriate, requiring the company or other person to do something.\nIf a GCLC company or another person has failed, is failing or is proposing to fail to do something that the company or other person is required by the mandatory constitutional requirements to do, the Supreme Court may, on the application of the Minister, grant an injunction requiring the company or other person to do the thing.\nOn an application under subsection (2) or (3) , the court may grant the injunction sought with the consent of all the parties to the proceeding, whether or not the court is satisfied the subsection applies.\nThe court may grant an interim injunction pending a decision on an application under subsection (2) or (3) .\nThe court may discharge or vary an injunction, and may grant an injunction on conditions.\nThe court’s power to grant an injunction restraining a GCLC company or another person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the company or other person intends to engage again, or to continue to engage, in the conduct; and\nwhether or not the company or other person has previously engaged in conduct of that kind; and\nwhether or not there is an imminent danger of substantial damage to a person if the company or other person engages, or continues to engage, in the conduct.\nThe court’s power to grant an injunction requiring a GCLC company or another person to do something may be exercised—\nwhether or not it appears to the court that the company or other person intends to fail again, or to continue to fail, to do the thing; and\nwhether or not the company or other person has previously failed to do a thing of that kind; and\nwhether or not there is an imminent danger of substantial damage to a person if the company or other person fails, or continues to fail, to do the thing.\nIf the Minister makes an application under subsection (2) or (3) , the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.\ns 228M ins 2007 No. 22 s 62\n(sec.228M-ssec.1) Subsection (2) applies if a GCLC company or another person has engaged, is engaging or is proposing to engage in conduct constituting— a contravention of the mandatory constitutional requirements; or attempting to contravene the mandatory constitutional requirements; or aiding, abetting, counselling or procuring a person to contravene the mandatory constitutional requirements; or inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitutional requirements; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitutional requirements; or conspiring with others to contravene the mandatory constitutional requirements.\n(sec.228M-ssec.2) On the application of the Minister, the Supreme Court may grant an injunction restraining the company or other person from engaging in the conduct and, if the court considers it appropriate, requiring the company or other person to do something.\n(sec.228M-ssec.3) If a GCLC company or another person has failed, is failing or is proposing to fail to do something that the company or other person is required by the mandatory constitutional requirements to do, the Supreme Court may, on the application of the Minister, grant an injunction requiring the company or other person to do the thing.\n(sec.228M-ssec.4) On an application under subsection (2) or (3) , the court may grant the injunction sought with the consent of all the parties to the proceeding, whether or not the court is satisfied the subsection applies.\n(sec.228M-ssec.5) The court may grant an interim injunction pending a decision on an application under subsection (2) or (3) .\n(sec.228M-ssec.6) The court may discharge or vary an injunction, and may grant an injunction on conditions.\n(sec.228M-ssec.7) The court’s power to grant an injunction restraining a GCLC company or another person from engaging in conduct may be exercised— whether or not it appears to the court that the company or other person intends to engage again, or to continue to engage, in the conduct; and whether or not the company or other person has previously engaged in conduct of that kind; and whether or not there is an imminent danger of substantial damage to a person if the company or other person engages, or continues to engage, in the conduct.\n(sec.228M-ssec.8) The court’s power to grant an injunction requiring a GCLC company or another person to do something may be exercised— whether or not it appears to the court that the company or other person intends to fail again, or to continue to fail, to do the thing; and whether or not the company or other person has previously failed to do a thing of that kind; and whether or not there is an imminent danger of substantial damage to a person if the company or other person fails, or continues to fail, to do the thing.\n(sec.228M-ssec.9) If the Minister makes an application under subsection (2) or (3) , the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.\n- (a) a contravention of the mandatory constitutional requirements; or\n- (b) attempting to contravene the mandatory constitutional requirements; or\n- (c) aiding, abetting, counselling or procuring a person to contravene the mandatory constitutional requirements; or\n- (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitutional requirements; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitutional requirements; or\n- (f) conspiring with others to contravene the mandatory constitutional requirements.\n- (a) whether or not it appears to the court that the company or other person intends to engage again, or to continue to engage, in the conduct; and\n- (b) whether or not the company or other person has previously engaged in conduct of that kind; and\n- (c) whether or not there is an imminent danger of substantial damage to a person if the company or other person engages, or continues to engage, in the conduct.\n- (a) whether or not it appears to the court that the company or other person intends to fail again, or to continue to fail, to do the thing; and\n- (b) whether or not the company or other person has previously failed to do a thing of that kind; and\n- (c) whether or not there is an imminent danger of substantial damage to a person if the company or other person fails, or continues to fail, to do the thing.","sortOrder":333},{"sectionNumber":"sec.228N","sectionType":"section","heading":"Other powers of Supreme Court","content":"### sec.228N Other powers of Supreme Court\n\nSubsection (2) applies if the Supreme Court has power under section 228M to grant an injunction restraining a GCLC company or another person from engaging in particular conduct, or requiring a GCLC company or another person to do a particular thing.\nThe court may, either in addition to, or in substitution for, the grant of the injunction, make any other order it considers appropriate against the company or the other person who engaged in the conduct or a person who was involved in the failure to do the thing.\ns 228N ins 2007 No. 22 s 62\n(sec.228N-ssec.1) Subsection (2) applies if the Supreme Court has power under section 228M to grant an injunction restraining a GCLC company or another person from engaging in particular conduct, or requiring a GCLC company or another person to do a particular thing.\n(sec.228N-ssec.2) The court may, either in addition to, or in substitution for, the grant of the injunction, make any other order it considers appropriate against the company or the other person who engaged in the conduct or a person who was involved in the failure to do the thing.","sortOrder":334},{"sectionNumber":"sec.228O","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"### sec.228O Jurisdiction of Supreme Court\n\nThe Supreme Court has jurisdiction for matters arising under this part and that jurisdiction is exclusive of the jurisdiction of all other courts, other than the jurisdiction of the High Court under the Commonwealth Constitution , section 75 .\ns 228O ins 2007 No. 22 s 62","sortOrder":335},{"sectionNumber":"sec.228P","sectionType":"section","heading":"Delegation by Minister","content":"### sec.228P Delegation by Minister\n\nThe Minister may delegate the Minister’s powers to apply to the Supreme Court under section 228M to the chief executive.\ns 228P ins 2007 No. 22 s 62","sortOrder":336},{"sectionNumber":"sec.228Q","sectionType":"section","heading":"Suspension or cancellation of licence for breach of head office provision","content":"### sec.228Q Suspension or cancellation of licence for breach of head office provision\n\nThis section applies if a lottery operation agreement to which GCLC is a party includes a head office provision.\nThe following provisions do not apply in relation to the suspension or cancellation of a primary licence, on the ground stated in section 24 (1) (g) , for a breach of the head office provision—\nsection 25 (1) (b) and (c)\nsection 31 (1) (b) and (c) .\nIn this section—\nhead office provision means a provision of an agreement imposing on a party—\na requirement that the party must establish and retain in Queensland the national and international headquarters of the party’s lottery business; or\nanother requirement that is the same as, or substantially similar to, a requirement that must be contained in the constitution of a GCLC company under section 228K .\ns 228Q ins 2007 No. 22 s 62\n(sec.228Q-ssec.1) This section applies if a lottery operation agreement to which GCLC is a party includes a head office provision.\n(sec.228Q-ssec.2) The following provisions do not apply in relation to the suspension or cancellation of a primary licence, on the ground stated in section 24 (1) (g) , for a breach of the head office provision— section 25 (1) (b) and (c) section 31 (1) (b) and (c) .\n(sec.228Q-ssec.3) In this section— head office provision means a provision of an agreement imposing on a party— a requirement that the party must establish and retain in Queensland the national and international headquarters of the party’s lottery business; or another requirement that is the same as, or substantially similar to, a requirement that must be contained in the constitution of a GCLC company under section 228K .\n- • section 25 (1) (b) and (c)\n- • section 31 (1) (b) and (c) .\n- (a) a requirement that the party must establish and retain in Queensland the national and international headquarters of the party’s lottery business; or\n- (b) another requirement that is the same as, or substantially similar to, a requirement that must be contained in the constitution of a GCLC company under section 228K .","sortOrder":337},{"sectionNumber":"pt.12","sectionType":"part","heading":"Repeals and transitional provisions","content":"# Repeals and transitional provisions","sortOrder":338},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Repeals","content":"## Repeals","sortOrder":339},{"sectionNumber":"sec.229","sectionType":"section","heading":"Repeal of Lotteries Act 1994","content":"### sec.229 Repeal of Lotteries Act 1994\n\nThe Lotteries Act 1994 is repealed.","sortOrder":340},{"sectionNumber":"sec.230","sectionType":"section","heading":"References to repealed Act","content":"### sec.230 References to repealed Act\n\nA reference in any other Act or instrument to the repealed Act is to be read (where the context admits) as a reference to this Act.","sortOrder":341},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provisions for Lotteries Act 1997","content":"## Transitional provisions for Lotteries Act 1997","sortOrder":342},{"sectionNumber":"sec.231","sectionType":"section","heading":null,"content":"### Section sec.231\n\ns 231 om 1 August 1997 RA s 40","sortOrder":343},{"sectionNumber":"sec.232","sectionType":"section","heading":null,"content":"### Section sec.232\n\ns 232 om 1 August 1997 RA s 40","sortOrder":344},{"sectionNumber":"sec.233","sectionType":"section","heading":null,"content":"### Section sec.233\n\ns 233 om 1 August 1997 RA s 40","sortOrder":345},{"sectionNumber":"sec.234","sectionType":"section","heading":null,"content":"### Section sec.234\n\ns 234 om 1 August 1997 RA s 40","sortOrder":346},{"sectionNumber":"sec.235","sectionType":"section","heading":"Application of division","content":"### sec.235 Application of division\n\nThis division applies only if, on the commencement day, the corporation becomes the holder of a lottery licence.","sortOrder":347},{"sectionNumber":"sec.236","sectionType":"section","heading":"Definitions","content":"### sec.236 Definitions\n\nIn this division—\ncommencement day means the day on which the provision in which the term is used commences.\ncorporation means the Golden Casket Lottery Corporation established under the repealed Act and, if before or on the commencement day that entity becomes a government owned corporation, includes the entity as a government owned corporation.\nrepealed Act means the Lotteries Act 1994 .","sortOrder":348},{"sectionNumber":"sec.237","sectionType":"section","heading":"Corporation’s exclusive rights","content":"### sec.237 Corporation’s exclusive rights\n\nThis section applies if the Minister issues a lottery licence to the corporation before issuing a lottery licence to another person.\nThe lottery licence may be issued as an exclusive licence for a specified term and on specified conditions.\nThe lottery licence may be issued on conditions about the exclusive right of the corporation to conduct certain gaming schemes or classes of gaming schemes.\n(sec.237-ssec.1) This section applies if the Minister issues a lottery licence to the corporation before issuing a lottery licence to another person.\n(sec.237-ssec.2) The lottery licence may be issued as an exclusive licence for a specified term and on specified conditions.\n(sec.237-ssec.3) The lottery licence may be issued on conditions about the exclusive right of the corporation to conduct certain gaming schemes or classes of gaming schemes.","sortOrder":349},{"sectionNumber":"sec.238","sectionType":"section","heading":"Approval of corporation’s control system","content":"### sec.238 Approval of corporation’s control system\n\nThis section applies if, on the commencement day, the corporation makes a control system submission to the chief executive.\nThe corporation’s control system is taken to be an approved control system until the chief executive approves or refuses to approve the control system.\ns 238 amd 2007 No. 36 s 2 sch\n(sec.238-ssec.1) This section applies if, on the commencement day, the corporation makes a control system submission to the chief executive.\n(sec.238-ssec.2) The corporation’s control system is taken to be an approved control system until the chief executive approves or refuses to approve the control system.","sortOrder":350},{"sectionNumber":"sec.239","sectionType":"section","heading":"Approval of corporation’s regulated lottery equipment","content":"### sec.239 Approval of corporation’s regulated lottery equipment\n\nThis section applies if, on the commencement day, the corporation applies to the chief executive for approval of the corporation’s regulated lottery equipment.\nThe corporation’s regulated lottery equipment is taken to be approved lottery equipment for the corporation until the chief executive approves or refuses to approve the equipment.\n(sec.239-ssec.1) This section applies if, on the commencement day, the corporation applies to the chief executive for approval of the corporation’s regulated lottery equipment.\n(sec.239-ssec.2) The corporation’s regulated lottery equipment is taken to be approved lottery equipment for the corporation until the chief executive approves or refuses to approve the equipment.","sortOrder":351},{"sectionNumber":"sec.240","sectionType":"section","heading":"Lotteries in progress and unclaimed prize money at commencement day","content":"### sec.240 Lotteries in progress and unclaimed prize money at commencement day\n\nA lottery that had been commenced under the repealed Act by the corporation but not completed at the commencement day may be continued and completed under this Act by the corporation.\nIf, immediately before the commencement day, an amount was identified in the corporation’s accounting records under the repealed Act, section 28(1) as unclaimed prize money for a lottery, the corporation—\nmust continue to identify the amount in its accounting records as unclaimed prize money for the lottery until the end of 1 year after the closure of the lottery; and\nmay, at the end of the period mentioned in paragraph (a), use the money as if it were money to which section 132(2) applied.\nIf, before the commencement day, the corporation was entitled to use unclaimed prize money for a lottery under the repealed Act, section 28(2) but did not use the money under the subsection, the corporation may use the money as if it were money to which section 132(2) applied.\n(sec.240-ssec.1) A lottery that had been commenced under the repealed Act by the corporation but not completed at the commencement day may be continued and completed under this Act by the corporation.\n(sec.240-ssec.2) If, immediately before the commencement day, an amount was identified in the corporation’s accounting records under the repealed Act, section 28(1) as unclaimed prize money for a lottery, the corporation— must continue to identify the amount in its accounting records as unclaimed prize money for the lottery until the end of 1 year after the closure of the lottery; and may, at the end of the period mentioned in paragraph (a), use the money as if it were money to which section 132(2) applied.\n(sec.240-ssec.3) If, before the commencement day, the corporation was entitled to use unclaimed prize money for a lottery under the repealed Act, section 28(2) but did not use the money under the subsection, the corporation may use the money as if it were money to which section 132(2) applied.\n- (a) must continue to identify the amount in its accounting records as unclaimed prize money for the lottery until the end of 1 year after the closure of the lottery; and\n- (b) may, at the end of the period mentioned in paragraph (a), use the money as if it were money to which section 132(2) applied.","sortOrder":352},{"sectionNumber":"sec.241","sectionType":"section","heading":"Continued operation for certain purposes of repealed Act","content":"### sec.241 Continued operation for certain purposes of repealed Act\n\nDespite its repeal, the repealed Act, sections 17(2), 18 and 24(1) to (5) (the former provisions ), and the rules in force under the repealed Act immediately before the commencement day (the former rules ), continue to operate, and apply to lotteries conducted under this Act by the corporation, as if they were valid rules under this Act until the earlier of the following—\nthe end of the period of 1 year from the commencement day;\nthe commencement of rules made under this Act superseding the relevant former provisions or rules.\nA rule expressed to supersede a former provision or rule operates to the exclusion of the former provision or rule.\nIn this section and for the former provisions and rules—\nentry form means a lottery ticket.\nselling fee means the amount to which a lottery agent is entitled for processing the entry form for a participant in the lottery concerned under the agent’s agency agreement.\nsubscription means the amount calculated by deducting any selling fee from the price of a lottery ticket.\n(sec.241-ssec.1) Despite its repeal, the repealed Act, sections 17(2), 18 and 24(1) to (5) (the former provisions ), and the rules in force under the repealed Act immediately before the commencement day (the former rules ), continue to operate, and apply to lotteries conducted under this Act by the corporation, as if they were valid rules under this Act until the earlier of the following— the end of the period of 1 year from the commencement day; the commencement of rules made under this Act superseding the relevant former provisions or rules.\n(sec.241-ssec.2) A rule expressed to supersede a former provision or rule operates to the exclusion of the former provision or rule.\n(sec.241-ssec.3) In this section and for the former provisions and rules— entry form means a lottery ticket. selling fee means the amount to which a lottery agent is entitled for processing the entry form for a participant in the lottery concerned under the agent’s agency agreement. subscription means the amount calculated by deducting any selling fee from the price of a lottery ticket.\n- (a) the end of the period of 1 year from the commencement day;\n- (b) the commencement of rules made under this Act superseding the relevant former provisions or rules.","sortOrder":353},{"sectionNumber":"sec.242","sectionType":"section","heading":"Key employees","content":"### sec.242 Key employees\n\nThis section applies to a key employee of the corporation who, on the commencement day, applies to the chief executive to be licensed as an employee under a key person licence.\nThe key employee is taken to be a licensed employee until the chief executive grants or refuses to grant the application.\n(sec.242-ssec.1) This section applies to a key employee of the corporation who, on the commencement day, applies to the chief executive to be licensed as an employee under a key person licence.\n(sec.242-ssec.2) The key employee is taken to be a licensed employee until the chief executive grants or refuses to grant the application.","sortOrder":354},{"sectionNumber":"sec.243","sectionType":"section","heading":"Agency agreements","content":"### sec.243 Agency agreements\n\nAn agency agreement made under the repealed Act by the corporation before and in force at the commencement day is taken to be an agency agreement duly made in accordance with this Act.\nWithin 7 days after the commencement day, the corporation must give the chief executive a written notice informing the chief executive of the name and place of operation of each lottery agent with whom the corporation has an agency agreement to which this section applies.\nAn agency agreement that continues in force under this section terminates (if it does not terminate earlier for some other reason) when the corporation ceases to be a lottery licensee.\n(sec.243-ssec.1) An agency agreement made under the repealed Act by the corporation before and in force at the commencement day is taken to be an agency agreement duly made in accordance with this Act.\n(sec.243-ssec.2) Within 7 days after the commencement day, the corporation must give the chief executive a written notice informing the chief executive of the name and place of operation of each lottery agent with whom the corporation has an agency agreement to which this section applies.\n(sec.243-ssec.3) An agency agreement that continues in force under this section terminates (if it does not terminate earlier for some other reason) when the corporation ceases to be a lottery licensee.","sortOrder":355},{"sectionNumber":"sec.244","sectionType":"section","heading":"Agreements with foreign agencies","content":"### sec.244 Agreements with foreign agencies\n\nAn agreement between the corporation and a foreign agency in force immediately before the commencement day continues in force as an approved arrangement under section 7.","sortOrder":356},{"sectionNumber":"sec.245","sectionType":"section","heading":null,"content":"### Section sec.245\n\ns 245 exp 1 August 1998 (see s 245(4))","sortOrder":357},{"sectionNumber":"sec.246","sectionType":"section","heading":"Re-enactment of Golden Casket Art Union Act 1978 , s 22A","content":"### sec.246 Re-enactment of Golden Casket Art Union Act 1978 , s 22A\n\nIn this section—\nInstant Casket has the same meaning as it had for the purposes of the Golden Casket Art Union Act 1978 , section 22A .\nsymbol includes amount, word and number.\nThis section is enacted to settle any doubt about whether tickets in certain Instant Caskets conducted before the commencement day are tickets that entitle the ticket holder to a prize.\nSubsections (5) and (6) apply to a ticket in an Instant Casket that included a statement to the effect that a prize is won if a specified number of symbols printed in a panel on the ticket are matched.\nSubsection (7) applies to a ticket in an Instant Casket whether or not it included a statement to that effect.\nThe ticket is a winning ticket only if the panel has printed in it the specified number of the same symbol.\nStatement on ticket—‘Match 3 numbers and win’.\nPanel on ticket.\n7\n1\nSeven\nOne\n3\n7\nThree\nSeven\n4\n7\nFour\nSeven\nThe ticket is not a winning ticket if, for example, the panel has printed in it the specified number of pairs of different symbols.\nStatement on ticket—‘Match 3 numbers and win’.\nPanel on ticket.\n7\n1\nSeven\nOne\n3\n7\nThree\nSeven\n3\n1\nThree\nOne\nIn deciding whether a ticket is a winning ticket, a caption to a symbol is taken to be part of the symbol and not a separate symbol.\n(sec.246-ssec.1) In this section— Instant Casket has the same meaning as it had for the purposes of the Golden Casket Art Union Act 1978 , section 22A . symbol includes amount, word and number.\n(sec.246-ssec.2) This section is enacted to settle any doubt about whether tickets in certain Instant Caskets conducted before the commencement day are tickets that entitle the ticket holder to a prize.\n(sec.246-ssec.3) Subsections (5) and (6) apply to a ticket in an Instant Casket that included a statement to the effect that a prize is won if a specified number of symbols printed in a panel on the ticket are matched.\n(sec.246-ssec.4) Subsection (7) applies to a ticket in an Instant Casket whether or not it included a statement to that effect.\n(sec.246-ssec.5) The ticket is a winning ticket only if the panel has printed in it the specified number of the same symbol. Statement on ticket—‘Match 3 numbers and win’. Panel on ticket. 7 1 Seven One 3 7 Three Seven 4 7 Four Seven\n(sec.246-ssec.6) The ticket is not a winning ticket if, for example, the panel has printed in it the specified number of pairs of different symbols. Statement on ticket—‘Match 3 numbers and win’. Panel on ticket. 7 1 Seven One 3 7 Three Seven 3 1 Three One\n(sec.246-ssec.7) In deciding whether a ticket is a winning ticket, a caption to a symbol is taken to be part of the symbol and not a separate symbol.\n- 1 Statement on ticket—‘Match 3 numbers and win’.\n- 2 Panel on ticket.\n- 1 Statement on ticket—‘Match 3 numbers and win’.\n- 2 Panel on ticket.","sortOrder":358},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Transitional provision for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999","content":"## Transitional provision for Gaming Machine and Other Legislation Amendment Act (No. 2) 1999","sortOrder":359},{"sectionNumber":"sec.247","sectionType":"section","heading":"Continuation of appeals","content":"### sec.247 Continuation of appeals\n\nThis section applies if—\nan appeal to a Magistrates Court was started under this Act before the commencement of this section; and\nthe appeal was not finally decided before the commencement.\nThis section applies despite the amendment of this Act by the Gaming Machine and Other Legislation Amendment Act (No. 2) 1999 .\nThe appeal may be continued and decided under this Act as in force immediately before the commencement of this section.\ns 247 ins 1999 No. 77 s 201\n(sec.247-ssec.1) This section applies if— an appeal to a Magistrates Court was started under this Act before the commencement of this section; and the appeal was not finally decided before the commencement.\n(sec.247-ssec.2) This section applies despite the amendment of this Act by the Gaming Machine and Other Legislation Amendment Act (No. 2) 1999 .\n(sec.247-ssec.3) The appeal may be continued and decided under this Act as in force immediately before the commencement of this section.\n- (a) an appeal to a Magistrates Court was started under this Act before the commencement of this section; and\n- (b) the appeal was not finally decided before the commencement.","sortOrder":360},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Transitional provisions for Gambling Legislation Amendment Act 2004","content":"## Transitional provisions for Gambling Legislation Amendment Act 2004","sortOrder":361},{"sectionNumber":"sec.248","sectionType":"section","heading":"Definitions for div 4","content":"### sec.248 Definitions for div 4\n\nIn this division—\ncommencement means the day this division commences.\npre-amended Act means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004 , part 7 .\ns 248 ins 2004 No. 21 s 100","sortOrder":362},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 ins 2004 No. 21 s 100\nom 2009 No. 24 s 651","sortOrder":363},{"sectionNumber":"sec.250","sectionType":"section","heading":"Direction to rectify under pre-amended Act","content":"### sec.250 Direction to rectify under pre-amended Act\n\nThis section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 63, if, before the commencement—\nthe period for rectifying the matter under that Act has not ended; or\nthe period for rectifying the matter under that Act has ended and action has not been taken under section 64 of that Act in relation to a failure to comply with the direction.\nA failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004 , part 7 , had not commenced.\ns 250 ins 2004 No. 21 s 100\n(sec.250-ssec.1) This section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 63, if, before the commencement— the period for rectifying the matter under that Act has not ended; or the period for rectifying the matter under that Act has ended and action has not been taken under section 64 of that Act in relation to a failure to comply with the direction.\n(sec.250-ssec.2) A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004 , part 7 , had not commenced.\n- (a) the period for rectifying the matter under that Act has not ended; or\n- (b) the period for rectifying the matter under that Act has ended and action has not been taken under section 64 of that Act in relation to a failure to comply with the direction.","sortOrder":364},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 ins 2004 No. 21 s 100\nom 2009 No. 24 s 652","sortOrder":365},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":"Transitional provision for Community Ambulance Cover and Other Acts Amendment Act 2007","content":"## Transitional provision for Community Ambulance Cover and Other Acts Amendment Act 2007","sortOrder":366},{"sectionNumber":"sec.252","sectionType":"section","heading":"Payment of prizes—s 130","content":"### sec.252 Payment of prizes—s 130\n\nSection 130(5) and (6) is taken to apply, and to have always applied, to an approved lottery conducted during the following period immediately before the commencement of this section—\nif the approved lottery is prescribed under a regulation as a designated lottery for section 129—3 years; or\nif paragraph (a) does not apply—7 years.\ns 252 ins 2007 No. 17 s 55\n- (a) if the approved lottery is prescribed under a regulation as a designated lottery for section 129—3 years; or\n- (b) if paragraph (a) does not apply—7 years.","sortOrder":367},{"sectionNumber":"pt.12-div.6","sectionType":"division","heading":"Transitional provisions for Lotteries Amendment Act 2007","content":"## Transitional provisions for Lotteries Amendment Act 2007","sortOrder":368},{"sectionNumber":"sec.253","sectionType":"section","heading":"Definition for div 6","content":"### sec.253 Definition for div 6\n\nIn this division—\ncommencement day means the day of commencement of the provision in which the term appears.\ns 253 ins 2007 No. 22 s 63","sortOrder":369},{"sectionNumber":"sec.254","sectionType":"section","heading":"Approvals, key person licences, agreements and other documents continue unaffected","content":"### sec.254 Approvals, key person licences, agreements and other documents continue unaffected\n\nEach current document continues in force under this Act despite GCLC ceasing to be a lottery licensee and becoming a lottery operator under part 11A.\nUnless the context otherwise requires, a reference in a current document to GCLC as a lottery licensee is taken to be a reference to GCLC as a lottery operator.\nIn this section—\ncurrent document means any of the following in force immediately before the commencement day—\nthe chief executive’s approval under section 7 of an arrangement to which GCLC is a party;\na key person licence, notice or other document relating to GCLC under part 3;\nan agency agreement between GCLC and another person or other document relating to GCLC under part 4;\nan approval, submission, direction, notice or other document relating to GCLC under part 6;\nan approval, notice, direction or other document relating to GCLC under part 7;\na requirement, direction or other document relating to GCLC under part 8.\ns 254 ins 2007 No. 22 s 63\n(sec.254-ssec.1) Each current document continues in force under this Act despite GCLC ceasing to be a lottery licensee and becoming a lottery operator under part 11A.\n(sec.254-ssec.2) Unless the context otherwise requires, a reference in a current document to GCLC as a lottery licensee is taken to be a reference to GCLC as a lottery operator.\n(sec.254-ssec.3) In this section— current document means any of the following in force immediately before the commencement day— the chief executive’s approval under section 7 of an arrangement to which GCLC is a party; a key person licence, notice or other document relating to GCLC under part 3; an agency agreement between GCLC and another person or other document relating to GCLC under part 4; an approval, submission, direction, notice or other document relating to GCLC under part 6; an approval, notice, direction or other document relating to GCLC under part 7; a requirement, direction or other document relating to GCLC under part 8.\n- (a) the chief executive’s approval under section 7 of an arrangement to which GCLC is a party;\n- (b) a key person licence, notice or other document relating to GCLC under part 3;\n- (c) an agency agreement between GCLC and another person or other document relating to GCLC under part 4;\n- (d) an approval, submission, direction, notice or other document relating to GCLC under part 6;\n- (e) an approval, notice, direction or other document relating to GCLC under part 7;\n- (f) a requirement, direction or other document relating to GCLC under part 8.","sortOrder":370},{"sectionNumber":"sec.255","sectionType":"section","heading":"Requirements relating to taxes, fees, records and other matters","content":"### sec.255 Requirements relating to taxes, fees, records and other matters\n\nThis section applies to any of the following requirements applying to GCLC that relate entirely or partly to its operations before the commencement day—\na requirement under part 5 to pay a tax, fee or penalty or give a return;\na requirement under part 6 to keep a record, prepare a statement or account, give a return or report or do another thing;\na requirement under part 7, division 4, about prize money;\nother requirements under part 7 relating to the conduct of an approved lottery or the operations of a lottery agent;\na direction or other requirement under part 8.\nThe requirement continues or arises under this Act despite GCLC ceasing to be a lottery licensee and becoming a lottery operator under part 11A.\ns 255 ins 2007 No. 22 s 63\n(sec.255-ssec.1) This section applies to any of the following requirements applying to GCLC that relate entirely or partly to its operations before the commencement day— a requirement under part 5 to pay a tax, fee or penalty or give a return; a requirement under part 6 to keep a record, prepare a statement or account, give a return or report or do another thing; a requirement under part 7, division 4, about prize money; other requirements under part 7 relating to the conduct of an approved lottery or the operations of a lottery agent; a direction or other requirement under part 8.\n(sec.255-ssec.2) The requirement continues or arises under this Act despite GCLC ceasing to be a lottery licensee and becoming a lottery operator under part 11A.\n- (a) a requirement under part 5 to pay a tax, fee or penalty or give a return;\n- (b) a requirement under part 6 to keep a record, prepare a statement or account, give a return or report or do another thing;\n- (c) a requirement under part 7, division 4, about prize money;\n- (d) other requirements under part 7 relating to the conduct of an approved lottery or the operations of a lottery agent;\n- (e) a direction or other requirement under part 8.","sortOrder":371},{"sectionNumber":"sec.256","sectionType":"section","heading":"Payment of prizes","content":"### sec.256 Payment of prizes\n\nSections 131A, 131B and 132AA do not apply in relation to an approved lottery that closed before the commencement day.\ns 256 ins 2007 No. 22 s 63","sortOrder":372},{"sectionNumber":"pt.12-div.7","sectionType":"division","heading":"Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","content":"## Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","sortOrder":373},{"sectionNumber":"sec.257","sectionType":"section","heading":"Continuation of offence under s 100","content":"### sec.257 Continuation of offence under s 100\n\nThis section applies if a person is alleged to have committed an offence against section 100, as in force immediately before the commencement of this section.\nDespite the Criminal Code , section 11 , a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 , other than this section, had not commenced.\ns 257 ins 2013 No. 25 s 167\n(sec.257-ssec.1) This section applies if a person is alleged to have committed an offence against section 100, as in force immediately before the commencement of this section.\n(sec.257-ssec.2) Despite the Criminal Code , section 11 , a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 , other than this section, had not commenced.","sortOrder":374},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Decisions of Governor in Council","content":"# Decisions of Governor in Council","sortOrder":375},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Decisions of Minister","content":"# Decisions of Minister","sortOrder":376},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Decisions affecting lottery operators","content":"# Decisions affecting lottery operators","sortOrder":377},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Decisions affecting licensees under key person licences","content":"# Decisions affecting licensees under key person licences","sortOrder":378},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Decisions affecting lottery agents","content":"# Decisions affecting lottery agents","sortOrder":379}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1997 Act appears to have been a simpler licensing framework. Significant amendments in 2007 (No. 22) restructured the licensing scheme entirely — splitting what was previously a single licence into a dual-licence system (lottery licence + lottery operator's licence) and introducing the lottery operation agreement approval process. Further amendments in 2000 added the objects clause, in 2009 added interstate/international operation provisions, and in 2013 amended key employee definitions. The scope expanded from a basic domestic licensing regime into a more sophisticated regulatory framework that addresses interstate and international lottery operations, structured separation of ownership and operational functions, and detailed probity and suitability requirements."},"complexity_factors":["Dual-licence structure (lottery licence + lottery operator's licence) with interaction between the two creates layered interdependencies","Lottery operation agreements add a third layer of regulatory approval on top of the two licences","Multiple categories of regulated persons: lottery licensees, lottery operators, key employees, lottery agents, business associates, executive associates","Extensive suitability assessment regime with multi-factor tests for applicants and associates, creating subjective discretionary decision-making","Complex suspension/cancellation procedure involving show cause notices, representations, ministerial referral to Governor in Council, and potential administrator appointments","Ouster clause (section 39) explicitly blocking judicial review of licensing decisions — unusual and legally significant","Cross-jurisdictional provisions covering operations in other states and foreign countries with inter-governmental agreement mechanisms","Multiple amendments over time (2000, 2004, 2007, 2009, 2013) creating legislative layering that makes tracking the current state of the law difficult","Criminal history checks, audit programs, and ongoing investigation powers create a continuing compliance burden","Interaction with other Acts (Corporations Act, Judicial Review Act 1991, various gaming Acts) requires understanding of multiple legislative schemes"],"plain_english_summary":"## What is this law about?\n\nThe **Lotteries Act 1997** is a Queensland law that controls how lotteries (like Lotto, scratch tickets, and similar games of chance) can be legally run in Queensland. Think of it as the rulebook for anyone who wants to organise, operate, or sell lottery tickets in the state.\n\n## Who does it affect?\n\n- **Lottery companies** (the big organisations that own and run lotteries)\n- **Lottery operators** (the businesses that actually conduct the games day-to-day)\n- **Lottery agents** (the newsagencies and shops that sell you tickets)\n- **Key employees** (managers and important staff at lottery businesses)\n- **Everyday players** (anyone who buys a ticket)\n- **Foreign lottery operators** wanting to sell tickets in Queensland\n\n## How does it work?\n\nThe Act creates a **two-licence system**:\n1. A **lottery licence** — held by the entity that *owns* the right to run a lottery\n2. A **lottery operator's licence** — held by the entity that *actually runs* the lottery day-to-day\n\nThese two licence holders must also sign a formal **lottery operation agreement** (a contract approved by the government) before any lottery can legally operate. The same person or company **cannot hold both licences** — this separation is designed to prevent conflicts of interest.\n\n## Key rules for ordinary people\n\n- **Buying a ticket** in a properly licensed lottery is completely legal ✅\n- **Knowingly participating** in an unlicensed lottery is illegal and can result in a fine (up to 40 penalty units, currently around $6,000) ❌\n- **Foreign lotteries** (e.g., overseas competitions) cannot legally be sold in Queensland without special government approval\n\n## Key rules for businesses\n\n- Running a lottery **without a licence** carries serious penalties — up to 200 penalty units (~$30,000) or **2 years in jail**\n- Licences **cannot simply be transferred** to another person — government approval is required\n- Licences can be **suspended or cancelled** by the Governor in Council (the state government acting formally) if the holder does something wrong, goes bankrupt, or is no longer considered a 'fit and proper' person\n- Importantly, decisions about licences **cannot be challenged in court** — they are final and binding\n- Important staff ('key employees') must also be individually licensed\n\n## Why does it matter?\n\nThis law aims to ensure that:\n- Lotteries are **fair and honest**\n- The people running them are **trustworthy and financially sound**\n- **Harm from gambling** is minimised\n- The **State and community** benefit overall from allowing lotteries to operate"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded from a basic licensing framework into a broad, interventionist regulatory regime. Compared with the original purpose of authorising and overseeing lotteries, later additions: (a) split and formalised licensing into separate licence types and required approved lottery operation agreements (s.2B; pt 2B), (b) inserted extensive compliance regimes (control systems, audits, accounting, record retention and insurer-style oversight; pt 6), (c) empowered intrusive investigative and enforcement tools for inspectors (pt 8), (d) created individual vetting and licensing for key personnel and operators (pt 3), (e) added tax and financial enforcement including joint liability for holding companies (pt 5, s.97A), (f) introduced harm‑minimisation powers by regulation (s.126), and (g) embedded a substantial, bespoke package for a specific operator (Golden Casket/GCLC) that imposes long licence terms and mandatory constitutional and head‑office requirements (pt 11A, ss.228F, 228K). These changes shift the Act from a permissive licence regime to a detailed, ongoing regulatory and enforcement apparatus with significant administrative discretion, specific economic‑location mandates, and concentrated transitional arrangements for a legacy operator."},"complexity_factors":["Very long Act with many Parts, divisions and cross-references (Parts 1–12, plus Schedules and a lengthy Pt 11A special regime)","Multiple classes of licences and persons: primary licences (two types), lottery operator licences, key person licences, lottery agents, key operators, lottery officials (many roles and interactions)","Extensive cross-references to other legislation and instruments (Corporations Act, QCAT Act, Judicial Review Act, Public Records Act, Financial Accountability Act, Penalties and Sentences Act)","High number of discretionary administrative powers (Minister, chief executive, inspectors) with layered show‑cause, suspension and Governor in Council steps (divisions in pt 2A and pt 3)","Numerous offences and graduated penalties (summary and indictable), including corporate liability and executive officer provisions (ss.99, 140–143, 212)","Detailed compliance architecture: control systems, approvals for equipment and agreements, audit programs, financial reporting and record-keeping with specified retention periods (pt 6, ss.100–115, 131–132AA)","Complex enforcement powers: entry with/without warrant, special warrants, seizure, forfeiture, stop directions and inspector powers (ss.158–179, 170–176)","Transitional and special provisions (multiple transitional divisions) and an extensive bespoke Part 11A for GCLC with unique mandatory constitutional requirements (ss.228A–228Q)","Exceptions and exclusions (e.g., sections immune from judicial review, exemptions for foreign schemes via approved arrangements) and nested procedural conditions (show-cause periods, notice requirements)","Regulation-making power delegates many operational details to regulation and rules (s.228; s.121), increasing complexity through secondary instruments"],"plain_english_summary":"**What this law does, in plain English**\n\n- Establishes a comprehensive licensing and regulatory regime for lotteries in Queensland. A lottery can only be run if (1) someone holds a *lottery licence*, (2) another person holds a *lottery operator’s licence*, and (3) the two operate under an approved *lottery operation agreement* (see s.2B, s.8B, pt 2B).  \n\n- Sets out who may run lotteries, who must be licensed, and the standards they must meet. The law distinguishes three tiers of actors: primary licensees (the licence-holder), lottery operators (who run the games), and lottery agents (retailors/agents). It also requires key employees and key operators to hold individual licences and be vetted (pt 3).  \n\n- Creates duties and compliance obligations: operators must have written control systems, keep records and accounts, allow audits, submit returns, pay a lottery tax, and comply with harm-minimisation rules when prescribed (ss.100–115, pt 6; ss.94–97; s.126).  \n\n- Gives strong administrative powers to government officials (the Minister and the chief executive) and inspectors. Those powers include granting/refusing licences, imposing and changing licence conditions, suspending or cancelling licences, approving (or refusing) operation agreements and equipment, directing termination of agent agreements, conducting investigations and audits, entering premises, seizing and forfeiting evidence, and issuing compliance directions (pts 2A, 2B, 6–8). Examples: the Minister can add or change licence conditions (s.16, s.18); inspectors may enter premises and seize evidence (ss.158–176); the chief executive may require certification, reports and revoke key-person licences (pt 3).  \n\n- Provides enforcement tools and criminal offences for cheating, forgery, bribery, misleading statements, revenue evasion, obstructing inspectors, and other misconduct (ss.140–151; ss.199–201; s.99). Penalties range from fines to imprisonment for serious offences.  \n\n- Deals with unclaimed prizes, including rules for disposing of non-monetary prizes and paying significant unclaimed sums into public funds (ss.131–132AA).  \n\n- Contains a focused, exceptional part (pt 11A) dealing with a specific transaction involving Golden Casket (GCLC): special transitional arrangements, automatic licence issues, mandatory constitutional requirements for GCLC companies to keep head offices and key functions in Queensland, and court remedies to enforce those requirements (ss.228A–228Q).  \n\n**Who is affected**\n\n- Lottery licensees, lottery operators, and their agents: they must be licensed, comply with control systems, accounting, audit and record-keeping requirements, and can be investigated, suspended or have agreements terminated (pts 2A, 3, 4, 6).  \n- Key personnel: managers and other staff in positions that can influence operations must be vetted and licensed (pt 3).  \n- Suppliers and contractors providing services tied to lottery revenue-sharing (\"ancillary lottery agreements\") need Ministerial approval (ss.116–117).  \n- Players and the general public: protections are established (integrity of draws, prize claim procedures, harm-minimisation powers, confidentiality rules for personal data) (ss.2A, 127, 126, 225).  \n- Affected third parties: financial institutions must respond to lawful requests for account records in investigations (s.190–191).  \n\n**Why it matters (practical effects and mechanisms)**\n\n- Legalising and controlling lotteries: the Act converts lotteries from a loosely regulated activity to a tightly governed commercial sector. Running or appearing to run lotteries without the correct licences is a criminal offence (s.6).  \n\n- Concentrates regulatory discretion with a small set of officials: the Minister and the chief executive decide licence grants, conditions, approvals of lottery operation agreements, and may direct termination or suspension. Many of these powers include show-cause steps, but some actions (including many Minister/Governor-in-Council decisions) are insulated from judicial review (s.39). That creates a high degree of administrative control.  \n\n- Compliance and operational costs shift to licensees and operators: required written control systems (ss.100–102), audits and annual financial statements (ss.108–115), detailed record-keeping (ss.105–107), licence fees and lottery tax (ss.94–97), and approved banking arrangements (ss.111–112). These are recurring costs and create ongoing administrative burdens.  \n\n- Integrity and anti-fraud design: the Act sets criminal penalties for cheating, forgery, bribery and related misconduct (ss.140–143), requires approved equipment and evaluators (ss.133–134A), gives inspector powers to enter and seize evidence (ss.158–176), and obliges operators and agents to report suspected dishonest acts promptly (s.139). These mechanisms allocate monitoring costs to operators and enforcement costs to the regulator.  \n\n- Limits certain private contracting choices: the Act requires Ministerial approval of ancillary agreements that give third parties an interest tied to lottery receipts (ss.116–117), restricts who may act as lottery agents (s.79), and prevents the same person holding both primary licence types (s.8A). That reduces contractual freedom in exchange for regulatory oversight.  \n\n- Special treatment for a legacy public operator (GCLC): pt 11A embeds a one-off transaction pathway with long-term licences issued to a State company and a lottery operator licence to GCLC (ss.228D–228H), and forces constitutional constraints on any successor companies to keep headquarters and key functions in Queensland (s.228K). That creates concentrated benefits and legally enforceable geographic constraints for a particular operator.  \n\n**Policy claims in the Act and how the law implements them**\n\n- Claimed objective: ‘‘to ensure that, on balance, the State and the community as a whole benefit from lotteries’’ by protecting integrity, ensuring probity and minimising harm (s.2A). The Act implements these aims by:  \n  - requiring licensing, control systems, audits and approved equipment to protect integrity and probity (ss.2B, 100–115, 133–134);  \n  - giving inspectors and the chief executive wide investigation and enforcement powers to detect and penalise misconduct (pts 7–8); and  \n  - allowing harm-minimisation measures by regulation (s.126).  \n\n- Trade-offs and costs to note:  \n  - administrative discretion vs certainty: many licensing and enforcement powers are discretionary and broad (ss.11–16, 18, Pt 8), which can allow swift risk management but also generates regulatory uncertainty and potential for uneven application.  \n  - compliance costs vs integrity: obligations on control systems, audits and record-keeping (pt 6) increase operating costs, particularly for smaller agents, but aim to reduce fraud and revenue loss.  \n  - concentration of benefits: special provisions for Golden Casket/GCLC (pt 11A) create a bespoke legal pathway and long licence terms (s.228F), which concentrate advantages in one entity while others face standard licensing regimes.  \n\n**Who pays, who decides, and how behaviour changes**\n\n- Who pays: primary licensees and lottery operators bear most direct costs — licence fees (s.95), taxes (s.94), audits and record-keeping (ss.108–115), compliance with control systems (ss.100–102), and potential penalties for non-compliance (ss.97, 99, and others). Lottery agents face eligibility rules and limits on the kinds of businesses that may operate as agents (s.79).  \n\n- Who decides: the Minister and the chief executive exercise major decisions (licensing, approvals, directions, show-cause and suspension actions). Inspectors appointed by the chief executive carry out on-the-ground enforcement (pt 8). Courts have enforcement and review roles in specified circumstances (injunctions, criminal prosecutions), but many administrative decisions are protected from judicial review (s.39).  \n\n- Behaviour changes the law encourages or compels: operators must formalise internal controls, accept scrutiny (audits/inspections), locate certain functions and personnel in Queensland when special provisions apply (s.228K), obtain approvals for third‑party revenue arrangements, and avoid using foreign or unapproved gaming schemes (s.7). Agents must be small, eligible businesses and operate in approved places (s.79, s.125). Key personnel must be licensed and can be removed if unsuitable (pt 3).  \n\n**Implementation and compliance risks / opportunities for rent-seeking**\n\n- Implementation risks: detailed requirements (control systems, approved equipment, audits, data returns) require good administrative capacity at the regulator and in industry; inconsistent application or slow approvals create operational disruption. The broad administrative discretion (for example, condition changes, suspension powers) increases the chance of disputes — but s.39 narrows judicial review for many decisions.  \n\n- Capture or concentrated benefit risk: the Act includes special provisions that advantage one historical operator (pt 11A) — long licence terms and mandatory in‑state head office requirements (s.228F, s.228K). Those are concrete examples where benefits are concentrated and legally entrenched. The requirement that ancillary revenue-sharing agreements obtain Ministerial approval (ss.116–117) also creates scope for negotiating preferential treatments.  \n\n**Selected notable sections (quick reference)**\n\n- Object: s.2A.  \n- Licence pairing requirement: s.2B.  \n- Primary licensing rules and ministerial discretion: ss.9–18.  \n- No judicial review of many licence decisions: s.39.  \n- Key person licensing (employees/operators): pt 3 (esp. ss.40–56).  \n- Agency agreements and agent eligibility: pt 4 (esp. ss.78–79).  \n- Control systems, records, audits and financial reporting: pt 6 (ss.100–115).  \n- Tax, fees and revenue offences: pt 5 (ss.94–99, 97A).  \n- Inspector powers, entry, seizure and enforcement: pt 8 (ss.153–197).  \n- Special transaction and constitutional requirements for Golden Casket (GCLC): pt 11A (ss.228A–228Q).  \n\nOverall: the Act converts lotteries into a heavily regulated, licence‑driven commercial activity with extensive regulatory oversight and enforcement tools, significant compliance costs for operators, protections aimed at game integrity and player safety, and a narrowly tailored set of exceptional provisions for a particular operator (GCLC)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.5","severity":"high","reasoning":"Section 5 defines 'lottery' by reference to classification under 'a rule', but gives no content as to what a lottery actually is. The definition adds nothing beyond saying 'a lottery is whatever a rule says is a lottery.' Combined with section 4's definition of 'gaming scheme', the entire taxonomic structure of the Act rests on an undefined rule-making power doing circular definitional work.","confidence":0.88,"description":"Circular definition of 'lottery': A lottery is defined as 'a gaming scheme classified under a rule as a lottery.' The definition provides no substantive content — it is entirely self-referential, relying on an undefined 'rule' to do all the definitional work."},{"type":"self_contradicting","section":"sec.11","severity":"medium","reasoning":"Section 11(1) creates conditions precedent ('may grant only if... satisfied'), implying satisfaction of those conditions enables the grant. Section 11(2) immediately negates this by allowing refusal even when fully satisfied. The conditions precedent serve no legal function as a threshold — they become mere considerations among others. This undermines the rule-of-law principle that statutory conditions should have operative effect.","confidence":0.82,"description":"The Minister must be satisfied of suitability conditions before granting a licence (s11(1)), but may refuse to grant even if satisfied of those conditions (s11(2)). This renders the satisfaction of the mandatory conditions legally meaningless as a gateway to approval."},{"type":"impossible_compliance","section":"sec.24-ssec.1(g)","severity":"high","reasoning":"A licensee cannot guarantee compliance by all other parties to a complex commercial agreement. Exposing a licensee to licence cancellation for breaches committed entirely by the other party to the agreement creates a compliance obligation that is impossible to guarantee. This is particularly absurd because s24(1)(g) explicitly includes breaches 'by any party to the agreement', not just the primary licensee.","confidence":0.91,"description":"A ground for suspending or cancelling a primary licensee's licence is 'a breach of a lottery operation agreement... by any party to the agreement.' This means a primary licensee's licence can be cancelled due to the conduct of the other party — conduct the licensee has no control over."},{"type":"impossible_compliance","section":"sec.39-ssec.1","severity":"medium","reasoning":"While State parliaments can limit statutory judicial review under the Judicial Review Act 1991, they cannot fully oust the Supreme Court's supervisory jurisdiction for jurisdictional error under the State Constitution. The breadth of s39's ouster clause — covering 'any writ or order... on any ground' — likely exceeds what is constitutionally permissible under Kable principles and Kirk v Industrial Court [2010] HCA 1. The provision creates a false impression of total immunity.","confidence":0.78,"description":"Section 39 purports to exclude judicial review of decisions including 'failure to make a decision', yet the Constitution and the High Court's supervisory jurisdiction (Plaintiff S157/2002 v Commonwealth) cannot be ousted by State legislation for jurisdictional error. The provision may be legally ineffective to the extent it claims to oust constitutional judicial review."},{"type":"impossible_compliance","section":"sec.39E-ssec.3","severity":"high","reasoning":"If a lottery operator's licence can state multiple lotteries (s17(2)(e) allows 'lotteries' plural in the licence), but the operator can only be party to one lottery operation agreement at a time (s39E(3)), the operator cannot lawfully conduct all stated lotteries simultaneously. Each lottery requires its own agreement with the lottery licensee (s2B), but s39E(3) caps the operator at one agreement. This creates an impossible compliance obligation.","confidence":0.85,"description":"A lottery operator may not be a party to more than one lottery operation agreement at any time (s39E(3)), yet section 2B requires that a lottery can only be conducted if both a lottery licence and lottery operator's licence are held and a lottery operation agreement exists between them. Combined with the requirement in s23B that a lottery operator must actively conduct each lottery stated in the licence, a lottery operator whose licence covers multiple lotteries is structurally unable to comply if they can only have one agreement."},{"type":"other","section":"sec.37-ssec.4 and sec.37-ssec.3","severity":"medium","reasoning":"While framing privilege as a 'reasonable excuse' rather than an absolute defence is a known legislative technique, the structural problem is that the person faces potential criminal prosecution for exercising a constitutional right, with the onus presumably on them to demonstrate the excuse applies. This creates a chilling effect on a fundamental legal right and is structurally problematic.","confidence":0.7,"description":"Section 37(4) provides that the privilege against self-incrimination is a 'reasonable excuse' for non-compliance with an information requirement, yet s37(3) carries a penalty of 200 penalty units or 2 years imprisonment for non-compliance. The combined effect is that a person who legitimately invokes privilege against self-incrimination may still face prosecution for non-compliance, shifting the burden to them to establish the excuse at trial."},{"type":"self_contradicting","section":"sec.8A-ssec.1 and sec.8A-ssec.2","severity":"medium","reasoning":"The prohibition in s8A(1) appears designed to ensure separation between the lottery licensee and lottery operator functions. However, the exception in s8A(2) for related bodies corporate means a parent company can own both the lottery licensee subsidiary and the lottery operator subsidiary, achieving de facto unified control. The prohibition is therefore ineffective against the primary structural risk it appears to address.","confidence":0.8,"description":"Section 8A(1) states the same person cannot hold both types of primary licence, but s8A(2) creates an exception for related bodies corporate. The exception effectively nullifies the prohibition for corporate groups, as related bodies corporate under the Corporations Act s9 can include parent-subsidiary relationships — meaning a single corporate group can control both licence types, achieving through corporate structure what s8A(1) purports to prevent."},{"type":"other","section":"sec.23-ssec.2","severity":"low","reasoning":"The surrender provision creates ambiguity as to whether the default 3-month period or the 'later day' option operate independently or as a cascade. If a later day is stated AND the Minister approves an earlier day, there is no clear answer as to which prevails since paragraph (b) only refers to approval of 'a day of effect that is earlier than 3 months' without accounting for the later-day variant in (a)(ii).","confidence":0.65,"description":"The surrender provisions in s23(2) contain a structural drafting error: paragraph (a) says 'if paragraph (b) does not apply' and provides sub-paragraphs (i) and (ii), but both sub-paragraphs of (a) are stated as alternatives, meaning (ii) 'if a later day of effect is stated in the notice — on the later day' is already covered by (a)(i) as a default. Paragraph (b) then allows the Minister to approve an earlier date. The provision is internally confusing as to when each rule applies."}],"contradictions":[{"severity":"high","section_a":"sec.2B","section_b":"sec.39E-ssec.3","confidence":0.85,"description":"Section 2B requires that a lottery be conducted under a lottery operation agreement between a lottery licensee and a lottery operator. Section 39E(3) limits a lottery operator to being a party to only one lottery operation agreement at a time. If a lottery operator's licence covers multiple lotteries, the operator cannot enter separate agreements for each lottery as required, creating an irreconcilable conflict."},{"severity":"medium","section_a":"sec.6-ssec.1","section_b":"sec.8B-ssec.2 and sec.8B-ssec.3","confidence":0.75,"description":"Section 6(1) states a person must not conduct a lottery unless authorised under 'a primary licence.' Section 8B specifies that a lottery licence authorises the licensee to conduct the lottery 'through' the lottery operator, while the lottery operator's licence authorises the operator to conduct it 'under a lottery operation agreement.' This creates a contradiction: the lottery licensee is said to 'conduct' the lottery (s6(1)) but s8B says it does so 'through' the operator, implying the operator is the actual conductor — so who is actually conducting the lottery for the purposes of the s6(1) prohibition?"},{"severity":"high","section_a":"sec.23A-ssec.2","section_b":"sec.39C-ssec.4","confidence":0.88,"description":"Section 23A requires a primary licensee to take all reasonable steps to enter and have approved a lottery operation agreement as soon as practicable. Section 39C(4) allows the Minister to refuse approval of a proposed lottery operation agreement in the public interest. A primary licensee could be simultaneously obliged to secure an approved agreement (s23A) while the Minister lawfully refuses to approve any agreement presented (s39C), making compliance with s23A impossible through no fault of the licensee."},{"severity":"medium","section_a":"sec.25-ssec.1","section_b":"sec.25-ssec.2","confidence":0.8,"description":"Section 25(1) sets out three cumulative conditions that must all be satisfied before the Minister triggers the show cause process for suspension or cancellation (a ground exists, the ground is serious and fundamental, and integrity or public interest is jeopardised). Section 25(2) states the section 'also applies' for amendment by omission of a lottery, but omits the second and third conditions (seriousness and integrity/public interest impact), creating a lower and inconsistent threshold for the amendment process compared to suspension or cancellation."},{"severity":"low","section_a":"sec.21-ssec.1","section_b":"sec.21-ssec.2","confidence":0.65,"description":"Section 21(1) states a primary licence 'cannot be transferred.' Section 21(2) immediately creates an exception allowing transfer by way of enforcement of security, subject to s22. While exceptions to general rules are normal, the categorical language of s21(1) ('can not be transferred') is flatly contradicted by the exception in s21(2), undermining the apparent absolute nature of the prohibition."},{"severity":"high","section_a":"sec.39-ssec.1","section_b":"sec.25 through sec.32","confidence":0.82,"description":"Sections 25-32 establish a detailed procedural framework (show cause, representations, directions to rectify, Governor in Council decision) implying that decisions must follow a lawful process. Section 39(1) then purports to make all decisions 'final and conclusive' and non-reviewable 'on any ground', including conduct engaged in to make a decision. This means procedural failures within the s25-32 framework (e.g. failure to give proper show cause notice) are purportedly unreviewable, contradicting the purpose of the procedural requirements."},{"severity":"low","section_a":"sec.7A-ssec.1","section_b":"sec.7-ssec.1","confidence":0.6,"description":"Section 7(1) prohibits selling tickets in gaming schemes conducted by a 'foreign agency' unless authorised by an approved arrangement. Section 7A(1) requires the chief executive's approval before a primary licensee can conduct an approved lottery in a foreign country. There is a potential gap: a primary licensee conducting an Australian lottery in a foreign country may not be a 'foreign agency' operating in Queensland under s7, leaving the cross-border activity regulated only under s7A, creating inconsistent regulatory coverage."}]},"kimi_summary":{"_metrics":{"completionTokens":757},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1997 form. Major structural changes occurred in 2007 (No. 22) which inserted Part 2A establishing the current dual licensing system, replacing earlier arrangements. Additional layers have been added including: key person licensing for employees and operators (Part 3), detailed agency agreement regulation (Part 4), harm minimisation measures (2022), and complex unclaimed prize provisions. The scope has grown from basic lottery regulation to a comprehensive gambling control framework with corporate governance, taxation, and consumer protection elements."},"complexity_factors":["Dual licensing structure with interdependent licences (lottery licence + lottery operator's licence + lottery operation agreement)","Extensive cross-referencing between Parts and Divisions (e.g., suitability investigations in Parts 2A, 3 and 4)","Multiple layers of regulation: primary licences, key person licences, agency agreements, and equipment approvals","Nested conditional logic for investigations, suspensions and cancellations (e.g., show cause notices with multiple pathways: censure, rectify, suspend, cancel, or appoint administrator)","Detailed record-keeping requirements with varying retention periods (5-7 years depending on prize type)","Complex enforcement framework with inspectors' powers including warrant procedures, special warrants, and seizure protocols","Extensive definitions and deeming provisions (e.g., 'suitable person' criteria with multiple factors)","Interaction with other legislation including Corporations Act, QCAT Act, Financial Accountability Act, and Public Trustee Act","Multiple amendment histories shown in section notes indicating substantial legislative evolution since 1997"],"plain_english_summary":"This Queensland law regulates how lotteries can be legally conducted in the state. It establishes a **dual licensing system** where both a **lottery licence** (held by the lottery licensee) and a **lottery operator's licence** (held by the lottery operator) are required to run any lottery. These two parties must also have a **lottery operation agreement** between them.\n\n**Key things the law does:**\n- **Protects players and the community** by ensuring games are fair, operators are honest, and harm from gambling is minimised\n- **Prevents illegal lotteries** — running a lottery without proper licences is a serious criminal offence (up to 2 years imprisonment)\n- **Controls who can operate lotteries** through strict suitability checks on applicants, including background investigations into character, finances, and business associates\n- **Regulates key employees and operators** — senior staff and influential people must hold personal licences and can be investigated\n- **Sets up a network of lottery agents** (typically small businesses) who sell tickets under agency agreements with lottery operators\n- **Requires detailed record-keeping and financial reporting**, including annual audits\n- **Provides enforcement powers** for inspectors to enter premises, seize evidence, and issue directions\n- **Deals with unclaimed prizes** — major prizes over $500,000 go to the Treasurer's unclaimed moneys fund after 3 months; other unclaimed prizes go to consolidated revenue after 7 years\n- **Imposes lottery taxes and licence fees** payable to the state\n\n**Who it affects:** Anyone wanting to run a lottery in Queensland, lottery operators, their employees, agents who sell tickets, and players. The law also restricts foreign lotteries and prevents people from running competing gaming schemes that look like lotteries.\n\n**Why it matters:** It ensures lotteries operate transparently and fairly, prevents criminal involvement in gambling, protects vulnerable people from gambling harm, and ensures the state receives appropriate revenue from lottery operations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/lotteries-act-1997","history":"/api/acts/lotteries-act-1997/history","analysis":"/api/acts/lotteries-act-1997/analysis","conflicts":"/api/acts/lotteries-act-1997/conflicts","importantCases":"/api/acts/lotteries-act-1997/important-cases","documents":"/api/acts/lotteries-act-1997/documents"}}