{"id":"nsw:act-2009-060","name":"NSW Lotteries (Authorised Transaction) Act 2009","slug":"nsw-lotteries-authorised-transaction-act-2009","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"60 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174841,"registerId":"nsw-nsw:act-2009-060-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [NSW Lotteries (Authorised Transaction) Act 2009](/view/html/inforce/current/act-2009-060).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) Key definitions In this Act—\n> > \n> > authorised transaction means the transfer of NSW Lotteries assets authorised by Part 2.\n> > \n> > NSW Lotteries means New South Wales Lotteries Corporation constituted by the [New South Wales Lotteries Corporatisation Act 1996](/view/html/repealed/current/act-1996-085).\n> > \n> > NSW Lotteries assets means assets, rights and liabilities of NSW Lotteries.\n> \n> > (2) Other interpretative provisions Expressions used in this Act that are defined in Schedule 1 have the meanings set out in that Schedule.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The authorised transaction","content":"# Part 2 The authorised transaction\n\nPart 2 The authorised transaction","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Authority for transfer of NSW Lotteries assets to private sector","content":"#### 4 Authority for transfer of NSW Lotteries assets to private sector\n\n4 Authority for transfer of NSW Lotteries assets to private sector\n\n> This Act authorises the transfer to the private sector of any NSW Lotteries assets.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of NSW Lotteries assets to public sector agencies","content":"#### 5 Transfer of NSW Lotteries assets to public sector agencies\n\n5 Transfer of NSW Lotteries assets to public sector agencies\n\n> This Act authorises the transfer of any NSW Lotteries assets to one or more public sector agencies.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Proceeds of transaction","content":"#### 6 Proceeds of transaction\n\n6 Proceeds of transaction\n\n> > (1) The proceeds of the transfer of NSW Lotteries assets to the private sector pursuant to the authorised transaction (the transaction proceeds) belong to and are payable directly to the State.\n> \n> > (2) The transaction proceeds paid to the State are to be paid into the Consolidated Fund.\n> \n> > (3) The following deductions are authorised to be made from the transaction proceeds—\n> > \n> > > (a) deduction of such amounts as the Treasurer approves to repay debt and satisfy other liabilities of a public sector agency in respect of NSW Lotteries assets transferred for the purposes of the authorised transaction,\n> > \n> > > (b) deduction of such amounts as the Treasurer approves to reimburse public sector agencies for payments made by them in respect of any tax, duty, fee or charge imposed by any Act or law of the State or any other jurisdiction in connection with a transaction arrangement,\n> > \n> > > (c) deduction of such amounts as the Treasurer approves to satisfy any liability of a public sector agency arising under or in connection with a transaction arrangement,\n> > \n> > > (d) deduction of such amounts as the Treasurer approves to meet expenses reasonably incurred by public sector agencies for the purposes of the authorised transaction.\n> \n> > (4) The transaction proceeds do not include any amount certified by the Treasurer to have been paid to a public sector agency as a tax, duty, fee or charge imposed by any Act or law of the State in connection with a transaction arrangement.\n> \n> > (5) The deductions authorised to be made from the transaction proceeds may be made before payment of the transaction proceeds into the Consolidated Fund or may be made by payment from the Consolidated Fund.\n> \n> > (6) The requirements of this section do not affect the validity of a transaction arrangement.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Facilitating the authorised transaction","content":"# Part 3 Facilitating the authorised transaction\n\nPart 3 Facilitating the authorised transaction","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Treasurer’s functions","content":"#### 7 Treasurer’s functions\n\n7 Treasurer’s functions\n\n> The Treasurer has and may exercise all such functions as are necessary or convenient for the purposes of the authorised transaction. The functions conferred on the Treasurer by any other provision of this Act do not limit the Treasurer’s functions under this section.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Transaction companies","content":"#### 8 Transaction companies\n\n8 Transaction companies\n\n> > (1) The Treasurer may for the purposes of the authorised transaction establish, or direct the establishment of, companies as transaction companies in any of the following ways—\n> > \n> > > (a) the formation or acquisition by or on behalf of the State or a SOC of a company limited by shares, so that all the issued shares in the company are held by or on behalf of the State or a SOC (or both),\n> > \n> > > (b) the formation or acquisition of a company as a wholly owned subsidiary company of a transaction company,\n> > \n> > > (c) the conversion of NSW Lotteries into a company limited by shares as provided by Schedule 2.\n> \n> > (2) A transaction company that is a public sector agency may be converted from one kind of company to any other kind of company.\n> \n> > (3) Except by express agreement with the Treasurer—\n> > \n> > > (a) a transaction company is not and does not represent the State, and\n> > \n> > > (b) the debts, liabilities and obligations of a transaction company are not guaranteed by the State.\n> \n> > (4) The Treasurer may act for or on behalf of the State, a SOC or a transaction company that is a public sector agency in connection with the rights, privileges and benefits, and the duties, liabilities and obligations of the State, the SOC or the transaction company as the holder of shares or other securities in a transaction company.\n> \n> > (5) Shares and other securities in a transaction company that is a public sector agency may be issued, sold or transferred in accordance with the directions of the Treasurer.\n> \n> > (6) The Treasurer may on behalf of the State, a SOC or a transaction company that is a public sector agency enter into and carry out transaction arrangements for the issue, sale or transfer of shares and other securities in a transaction company.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Functions of NSW Lotteries and transaction companies","content":"#### 9 Functions of NSW Lotteries and transaction companies\n\n9 Functions of NSW Lotteries and transaction companies\n\n> > (1) NSW Lotteries and any transaction company have and may exercise all such functions as are necessary or convenient for the purposes of the authorised transaction.\n> \n> > (2) The functions conferred by this section are in addition to any other functions that NSW Lotteries or a transaction company has apart from this section and those other functions do not prevent or otherwise limit the exercise of the additional functions conferred by this section.\n> \n> > (3) The Treasurer may act for and on behalf of and in the name of NSW Lotteries or any transaction company (while it is a public sector agency) in the exercise of any of its functions for the purposes of the authorised transaction.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Direction and control of NSW Lotteries and transaction companies","content":"#### 10 Direction and control of NSW Lotteries and transaction companies\n\n10 Direction and control of NSW Lotteries and transaction companies\n\n> > (1) NSW Lotteries and any transaction company (while it is a public sector agency) are subject to the direction and control of the Treasurer in the exercise of any of their functions for the purposes of the authorised transaction.\n> \n> > (2) The Treasurer may give directions for the purposes of the authorised transaction to NSW Lotteries and to any transaction company, and to the directors and other officers of NSW Lotteries or a transaction company. Any such directions must be complied with by NSW Lotteries, the transaction company or the directors or other officers concerned.\n> \n> > (3) Directions to a transaction company (or its directors and other officers) can only be given and are only required to be complied with while the transaction company is a public sector agency.\n> \n> > (4) The power to give directions under this section extends to directions with respect to the way in which NSW Lotteries or a transaction company is to conduct its business and other affairs.\n> \n> > (5) Action taken by NSW Lotteries to comply with a direction of the Treasurer under this Act does not require the approval of the voting shareholders or portfolio Minister of NSW Lotteries.\n> \n> > (6) Anything done or omitted to be done by a director or other officer of NSW Lotteries or a transaction company in complying with a direction given by the Treasurer under this Act does not subject the director or officer personally to any action, liability, claim or demand.\n> \n> > (7) The provisions of this section are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11 (Repealed)","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Vesting orders","content":"#### 12 Vesting orders\n\n12 Vesting orders\n\n> The Treasurer may make vesting orders under Schedule 3 for the purposes of the authorised transaction.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Employee protections","content":"#### 13 Employee protections\n\n13 Employee protections\n\n> Schedule 4 contains provisions relating to the transfer of employees of NSW Lotteries for the purposes of the authorised transaction.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"State taxes","content":"#### 14 State taxes\n\n14 State taxes\n\n> > (1) In this section—\n> > \n> > relevant matter means any of the following—\n> > \n> > > (a) the transfer of NSW Lotteries assets for the purposes of the authorised transaction,\n> > \n> > > (b) a vesting of assets, rights or liabilities by operation of Schedule 3 (Vesting of assets, rights and liabilities) and anything certified by the Treasurer as having been done in consequence of such a vesting (for example, the transfer or registration of an interest in land),\n> > \n> > > (c) the issue, disposal or purchase of shares or other securities in a company for the purposes of the authorised transaction,\n> > \n> > > (d) any matter connected with the corporate conversion of NSW Lotteries for the purposes of the authorised transaction,\n> > \n> > > (e) such other matters for the purposes of the authorised transaction as may be prescribed by the regulations.\n> > \n> > State tax means application or registration fees, duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) or any other tax, duty, fee or charge imposed by any Act or law of the State.\n> \n> > (2) State tax is not payable by a public sector agency in relation to a relevant matter.\n> \n> > (3) State tax is not payable by a person or body (other than a public sector agency) in relation to a relevant matter to such extent (if any) as the Treasurer may direct by order in writing, either generally or in a particular case.\n> \n> > (4) An order may be made by the Treasurer under this section before or after the liability to pay the State tax concerned accrues.\n> \n> > (5) The Treasurer must give a copy of an order under this section to the Chief Commissioner of State Revenue.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Contracts for sale of land","content":"#### 15 Contracts for sale of land\n\n15 Contracts for sale of land\n\n> Section 52A (Contracts for sale of land) of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) does not apply to a contract for the sale of land that is entered into for the purposes of the authorised transaction.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Release of information by Auditor-General","content":"#### 16 Release of information by Auditor-General\n\n16 Release of information by Auditor-General\n\n> Section 38 (Secrecy) of the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) does not apply to or in respect of a report or communication that the Treasurer authorises the Auditor-General to make to a person for the purposes of the authorised transaction.\n> \n> **s 16:** Am 2018 No 70, Sch 4.75.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Delegation","content":"#### 17 Delegation\n\n17 Delegation\n\n> The Treasurer may delegate to the Secretary of the Treasury, or to any other officer of the Government Service prescribed by the regulations, any function of the Treasurer under this Act except this power of delegation.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Act to bind State and other jurisdictions","content":"#### 18 Act to bind State and other jurisdictions\n\n18 Act to bind State and other jurisdictions\n\n> > (1) This Act binds the State and, in so far as the legislative power of the Parliament of New South Wales permits, the other States, the Territories and the Commonwealth.\n> \n> > (2) Without limiting subsection (1), this Act has effect despite any privilege or immunity of the Crown in any of its capacities.\n> \n> > (3) This Act does not make any State or Territory, the Commonwealth, or the Crown in any of its capacities, liable to be prosecuted for an offence.\n> \n> > (4) A reference in this section to a State, Territory or the Commonwealth includes a reference to the Government of the State, Territory or Commonwealth.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"General relationship of Act with other State legislation","content":"#### 19 General relationship of Act with other State legislation\n\n19 General relationship of Act with other State legislation\n\n> > (1) None of the following provisions operate to prevent, restrict or otherwise limit the carrying out of the authorised transaction or the exercise of a function for the purposes of the authorised transaction—\n> > \n> > > (a) any provision of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) or the [New South Wales Lotteries Corporatisation Act 1996](/view/html/repealed/current/act-1996-085),\n> > \n> > > (b) any provision of the constitution of NSW Lotteries or a subsidiary of NSW Lotteries.\n> \n> > (2) In the event of any inconsistency between the provisions of this Act or the regulations and a provision of any other State legislation that is prescribed by the regulations as an inconsistent provision for the purposes of this section, the provisions of this Act or the regulations (as the case may be) prevail to the extent of the inconsistency.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Extraterritorial operation of Act","content":"#### 20 Extraterritorial operation of Act\n\n20 Extraterritorial operation of Act\n\n> > (1) It is the intention of the Parliament of New South Wales that the operation of this Act should, as far as possible, include operation in relation to the following—\n> > \n> > > (a) things situated in or outside the territorial limits of the State,\n> > \n> > > (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of the State,\n> > \n> > > (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another State, a Territory, the Commonwealth or a foreign country.\n> \n> > (2) Without limiting subsection (1), it is the intention of the Parliament of New South Wales that the provisions of this Act have an operation in relation to the things, acts, transactions and matters referred to in that subsection even if the rules of private international law (whether at general law or as provided by legislation) would require the application of a law other than this Act instead of the provisions of this Act.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Construction of Act and instruments so as not to exceed legislative power","content":"#### 21 Construction of Act and instruments so as not to exceed legislative power\n\n21 Construction of Act and instruments so as not to exceed legislative power\n\n> > (1) Unless a contrary intention appears, if a provision of this Act or an instrument made under this Act—\n> > \n> > > (a) would, apart from this section, have an invalid application, but\n> > \n> > > (b) also has at least one valid application,\n> > \n> > it is the intention of the Parliament of New South Wales that the provision is not to have the invalid application, but is to have every valid application.\n> \n> > (2) Despite subsection (1), the provision is not to have a particular valid application if—\n> > \n> > > (a) apart from this section, it is clear, taking into account the provision’s context and the purposes or objects underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the legislative power of the Parliament of New South Wales, or\n> > \n> > > (b) the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application, or a particular invalid application, of the provision had been within the legislative power of the Parliament of New South Wales.\n> \n> > (3) Subsection (2) does not limit the cases in which a contrary intention may be taken to appear for the purposes of subsection (1).\n> \n> > (4) This section is in addition to, and not in derogation of, section 31 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (5) In this section—\n> > \n> > application means an application in relation to—\n> > \n> > > (a) one or more particular persons, things, matters, places, circumstances or cases, or\n> > \n> > > (b) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases.\n> > \n> > invalid application, in relation to a provision, means an application because of which the provision exceeds the legislative power of the Parliament of New South Wales.\n> > \n> > valid application, in relation to a provision, means an application which, if it were the provision’s only application, would be within the legislative power of the Parliament of New South Wales.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Protection of contractual and other obligations","content":"#### 22 Protection of contractual and other obligations\n\n22 Protection of contractual and other obligations\n\n> > (1) This section applies to the following—\n> > \n> > > (a) the operation of this Act (including any order under this Act and anything done or omitted to be done under or for the purposes of this Act),\n> > \n> > > (b) the transfer of NSW Lotteries assets for the purposes of the authorised transaction,\n> > \n> > > (c) the entering into or performance of obligations under a transaction arrangement by a public sector agency,\n> > \n> > > (d) a disclosure of information by, on behalf of or with the consent of a public sector agency for the purposes of the authorised transaction.\n> \n> > (2) None of the matters or things to which this section applies are to be regarded as—\n> > \n> > > (a) a breach of contract or confidence or otherwise as a civil wrong, or\n> > \n> > > (b) a breach of any instrument (including, without limitation, any provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities) or as requiring any act to be done under an instrument, or\n> > \n> > > (c) giving rise to any right or remedy by a party to a contract or other instrument, or as causing or permitting the termination of, or exercise of rights under, any contract or other instrument, or\n> > \n> > > (d) an event of default under any contract or other instrument, or\n> > \n> > > (e) giving rise to a breach of or an offence against a provision of an Act that prohibits or restricts the disclosure of information, or\n> > \n> > > (f) releasing a surety or other obligee wholly or in part from an obligation.\n> \n> > (3) This section does not affect the rights and obligations of the parties to a transaction arrangement in respect of the performance of obligations under the transaction arrangement.\n> \n> > (4) In this section—\n> > \n> > instrument means an instrument (other than an instrument made under this Act) or any other document that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order, process or other instrument issued by a court or tribunal.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Compensation not payable","content":"#### 23 Compensation not payable\n\n23 Compensation not payable\n\n> > (1) Compensation is not payable by or on behalf of the State—\n> > \n> > > (a) because of the enactment or operation of this Act, or for any consequence of that enactment or operation, or\n> > \n> > > (b) because of any statement or conduct relating to the enactment of this Act.\n> \n> > (2) This section does not extend to compensation payable under a transaction arrangement to a party to the transaction arrangement in connection with the performance of obligations under the transaction arrangement.\n> \n> > (3) In this section—\n> > \n> > compensation includes damages or any other form of monetary compensation.\n> > \n> > conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.\n> > \n> > operation of this Act includes the operation of any notice or order under this Act and any agreement entered into under or for the purposes of this Act.\n> > \n> > statement includes a representation of any kind—\n> > \n> > > (a) whether made verbally or in writing, and\n> > \n> > > (b) whether negligent, false, misleading or otherwise.\n> > \n> > the State means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070), and includes a public sector agency and an officer, employee or agent of the Crown or a public sector agency.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Certificate evidence","content":"#### 24 Certificate evidence\n\n24 Certificate evidence\n\n> A certificate purporting to be signed by the Treasurer or an officer prescribed by the regulations certifying that an order specified or referred to in the certificate is an order made by the Treasurer under a specified provision of this Act is admissible in evidence in any legal proceedings and is evidence of the matters certified.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n25 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Savings and transitional regulations","content":"#### 26 Savings and transitional regulations\n\n26 Savings and transitional regulations\n\n> > (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (2) For the avoidance of doubt, any such provision may, if the regulations so provide, have effect despite any specified provision of this Act.\n> \n> > (3) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.\n> \n> > (4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":30},{"sectionNumber":"26A","sectionType":"section","heading":"Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017","content":"#### 26A Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017\n\n26A Provision consequent on enactment of [Statute Law (Miscellaneous Provisions) Act 2017](/view/html/repealed/current/act-2017-022)\n\n> The Lotteries Assets Ministerial Holding Corporation (constituted under section 11 before its repeal by the [Statute Law (Miscellaneous Provisions) Act 2017](/view/html/repealed/current/act-2017-022)) is dissolved.\n> \n> **s 26A:** Ins 2017 No 22, Sch 1.14 \\[2\\].","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27 (Repealed)","sortOrder":32},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Interpretative provisions","content":"# Schedule 1 Interpretative provisions\n\nSchedule 1 Interpretative provisions\n\n(Section 3)\n\n**sch 1:** Am 2017 No 22, Sch 1.14 \\[3\\] \\[4\\].","sortOrder":34},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Corporate conversion of NSW Lotteries","content":"# Schedule 2 Corporate conversion of NSW Lotteries\n\nSchedule 2 Corporate conversion of NSW Lotteries\n\n(Section 8)","sortOrder":40},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Vesting of assets, rights and liabilities","content":"# Schedule 3 Vesting of assets, rights and liabilities\n\nSchedule 3 Vesting of assets, rights and liabilities\n\n(Section 12)","sortOrder":44},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Employee protections","content":"# Schedule 4 Employee protections\n\nSchedule 4 Employee protections\n\n(Section 13)","sortOrder":57},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedule 5 (Repealed)\n\n**sch 5:** Rep 1987 No 15, sec 30C.","sortOrder":68}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has been amended in ways that alter institutional and implementation mechanics (for example, the dissolution of the Lotteries Assets Ministerial Holding Corporation — s 26A; note of repeal at s 11; amendment to Auditor‑General secrecy provision — s 16). Those changes modify operational arrangements and some administrative actors, but the core statutory authorisation to transfer NSW Lotteries assets and the Treasurer’s broad implementation powers remain in force."},"complexity_factors":["Extensive discretionary powers vested in the Treasurer to manage and implement the transaction, including establishing companies, giving directions and delegating functions (ss 7–10, 17; Sch 2).","Vesting orders that transfer assets, rights and liabilities without need for conveyance and that alter registration and proceedings (Sch 3 cl 2–3, 7–11).","Conclusive and non‑reviewable certificates and orders (Sch 2 cl 2(2)–(3); s 24; Sch 3 cl 11) that limit judicial review and make administrative proof straightforward.","Detailed treatment of transaction proceeds, with authorised pre‑Fund deductions requiring Treasurer approval and certification (s 6), creating fiscal discretion and accounting consequences.","Power to exempt or remit State taxes by Treasurer order and to prevent payment by public sector agencies (s 14), shifting tax incidence and administrative burdens.","Provisions modifying corporate form and effecting corporate conversion of NSW Lotteries into a company under the Corporations Act, with automatic legal consequences on offices and membership (Sch 2 cl 1–3).","Employee transfer regime preserving continuity, leave and superannuation and imposing time‑limited job protections with exceptions and negotiated transfer payments (Sch 4 cl 2–8), mixing statutory guarantees and negotiable arrangements.","Explicit displacement and overriding of other State legislation and instruments where inconsistent, and intended extraterritorial reach (ss 19–20), complicating inter‑legislative interaction.","Construction and severability rules designed to preserve valid applications of provisions if any applications would exceed NSW legislative power (s 21), creating interpretive complexity.","Regulatory and transitional powers allowing regulations and savings to have retrospective effect to the date of assent in specific circumstances (ss 25–26), increasing implementation and legal certainty risks."],"plain_english_summary":"This Act authorises the transfer of NSW Lotteries’ assets to private parties or to other public sector agencies, and gives the Treasurer broad powers to create “transaction companies”, make vesting orders and run the sale or transfer process. Transaction proceeds belong to the State and are payable into the Consolidated Fund, subject to Treasurer‑approved deductions.\n\nIt preserves employee continuity and protections for pay, leave and superannuation for transferred staff, allows remission of certain state taxes, displaces specified other State laws, and treats Treasurer certificates and orders as conclusive instruments for implementation."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been amended at least five times since commencement in 2009 (with version changes in 2009, 2010, 2017, and 2021), suggesting the scope or operational details of the authorised transaction and associated obligations evolved beyond the original legislation. The 2021 amendment in particular — over a decade after enactment — indicates the Act continues to have active, ongoing relevance rather than being a purely one-off transaction law."},"complexity_factors":["Privatisation or major commercial transaction legislation typically involves intricate contractual, corporate, and regulatory frameworks","Multiple amendments over time (six version changes between 2009 and 2021) suggest ongoing legislative adjustment and complexity","Interaction with existing NSW Lotteries regulatory regime and multiple other Acts (e.g., gaming, corporations, employment law)","Commercial-in-confidence elements common to privatisation deals add layers of opacity","The transaction likely involves complex financial arrangements, licensing conditions, and ongoing government oversight obligations","Staff transfer and employment protections in privatisation deals are inherently complex","Only metadata was provided — actual legislative text unavailable, preventing full complexity assessment"],"plain_english_summary":"This Act authorised a major transaction transferring the operation of NSW Lotteries from a government entity to private management (sale or long‑term licence). It affects taxpayers and the public (through sale proceeds and ongoing community benefits), lottery players (who face changed operators/rules), private businesses (new operator) and staff (employment impacts). It matters because it legally enables the transfer, attendant contracts, staff protections and continued government oversight."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose: facilitating the privatisation of NSW Lotteries. While it contains broad powers for the Treasurer and extensive supporting machinery, these are ancillary to the core authorised transaction rather than scope creep. The repeal of section 11 and Schedule 5, and insertion of section 26A dissolving the Lotteries Assets Ministerial Holding Corporation, represent cleanup of completed transactional structures rather than expansion beyond the original privatisation mandate."},"complexity_factors":["Multiple schedules (5 total, though one repealed) with detailed procedural mechanisms for corporate conversion, asset vesting, and employee transfers","21 defined terms in Schedule 1 plus additional definitions in main body","Extensive cross-referencing to other Acts including Corporations Act 2001, State Owned Corporations Act 1989, and various industrial relations laws","Nested conditional logic in employee protection provisions (Schedule 4) distinguishing between permanent, temporary, and contract employees with varying guarantee periods","Override provisions that displace other legislation (sections 10(7), 19, 22) including Corporations Act displacement provisions","Extraterritorial operation clauses attempting to extend NSW legislative reach beyond state borders (section 20)","Complex 'savings and transitional' provisions allowing regulations to override the Act itself (section 26)","Multiple mechanisms for same outcome (direct sale vs corporate conversion vs vesting orders) creating parallel pathways"],"plain_english_summary":"This legislation authorises the privatisation of NSW Lotteries—the state-owned lottery corporation. It gives the Treasurer sweeping powers to transfer all assets, rights, and liabilities of NSW Lotteries to private sector buyers, either directly or via newly created 'transaction companies'. The Act ensures the sale proceeds go to the State (into the Consolidated Fund), allows the Treasurer to set up corporate structures to facilitate the sale, and provides mechanisms to transfer employees to either the private sector or the public service with certain protections. It also exempts the transaction from various state taxes, overrides other laws that might block the sale, and protects the government from compensation claims arising from the privatisation.\n\n**Key things this Act does:**\n- **Authorises the sale**: Permits transfer of NSW Lotteries assets to private buyers or other government agencies (sections 4–5).\n- **Handles the money**: Sale proceeds belong to the State, with deductions allowed for debts, taxes, and expenses (section 6).\n- **Creates corporate vehicles**: Allows the Treasurer to establish companies to hold assets during the sale process (section 8).\n- **Gives the Treasurer control**: The Treasurer can direct NSW Lotteries and any government-owned transaction companies, overriding normal corporate governance rules (section 10).\n- **Transfers employees**: Employees can be moved to private sector employers (with 3-year job protections for permanent staff) or to the public service (Schedule 4).\n- **Tax exemptions**: State taxes like stamp duty don't apply to the privatisation transaction (section 14).\n- **Legal protections**: The government can't be sued for compensation over the privatisation, and existing contracts can't be terminated just because of the sale (sections 22–23).\n\n**Who it affects**: NSW Lotteries employees, potential private buyers, the State government, and anyone with contracts or legal claims involving NSW Lotteries."}},"importantCases":[],"_links":{"self":"/api/acts/nsw-lotteries-authorised-transaction-act-2009","history":"/api/acts/nsw-lotteries-authorised-transaction-act-2009/history","analysis":"/api/acts/nsw-lotteries-authorised-transaction-act-2009/analysis","conflicts":"/api/acts/nsw-lotteries-authorised-transaction-act-2009/conflicts","importantCases":"/api/acts/nsw-lotteries-authorised-transaction-act-2009/important-cases","documents":"/api/acts/nsw-lotteries-authorised-transaction-act-2009/documents"}}