40Foreign lotteries

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;

Gaming Control Act 1993 23 (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.