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Gaming Control Act 1993
40Foreign lotteries
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40 Foreign lotteries
(1) A person shall not sell tickets in a foreign lottery unless permission
is granted under this section and the tickets are sold in accordance
with the conditions to which permission is subject.
(2) A person may apply to the Minister for permission to sell tickets in a
foreign lottery in the Territory.
(3) An application under subsection (2) shall be in writing in the
approved form and shall be lodged with the Director, who, after
considering the application, shall forward the application to the
Minister with appropriate advice.
(4) The Minister, after considering the application and the advice of the
Director may, in his or her discretion, refuse to grant the permission
applied for, grant it, or grant it subject to such conditions as he or
she thinks fit and specifies in writing to the applicant.
(4A) In determining an application under subsection (4), the Minister
must have regard to whether:
(c) in respect of a body corporate – it has or has arranged a
(d) the person has or is able to obtain financial resources that are
and operation of the business;
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(e) the person has sufficient business ability to establish and
(f) the person or any person to be involved in the management or
association with any person, body or association who or
which, in the opinion of the Minister, is not of good repute
having regard to character, honesty and integrity or has
undesirable or unsatisfactory financial resources; and
(g) each director, partner, trustee, executive officer and secretary
(5) In addition to the conditions, if any, specified under subsection (4),
a permission granted under this section shall be subject to the
conditions that:
(a) the tickets in the lottery are sold for the purpose specified by
the Minister on granting the permission; and
(b) the proceeds of the lottery are remitted from the Territory in
the manner required by the Regulations.
(6) Without limiting the generality of the Minister's power to impose
conditions under subsection (4), the Minister may impose a
condition that no ticket in the lottery be sold to a person who has
not attained the age of 18 years or that no major prize shall
comprise liquor or such other substance as may be prescribed.
(7) For the purposes of this section, a person does not sell tickets in
the Territory by distributing leaflets, brochures or other printed
material inviting persons to purchase elsewhere than in the
Territory tickets in an art union or similar drawing.
(8) A person conducting a foreign lottery in which tickets are sold in the
Territory shall submit to the Director, in the approved form, monthly
returns of tickets sold in the Territory and such other information
relating to the conduct of the lottery as the Director may, from time
to time, require.
(9) The Director must pay into the Central Holding Authority all moneys
received by the Director in respect of foreign lotteries conducted
under this section, including commissions and unclaimed prizes.
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