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Lotteries Act 1997
sec.126Harm minimisation measures
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### sec.126 Harm minimisation measures
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.
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.
A regulation made under subsection (1) may also prescribe the lottery operators that must implement a harm minimisation measure.
A lottery operator prescribed under subsection (3) must implement the harm minimisation measure as prescribed.
Maximum penalty for subsection (4) —200 penalty units.
s 126 prev s 126 amd 2007 No. 22 s 3 sch 1
om 2009 No. 41 s 90
pres s 126 ins 2022 No. 23 s 92
(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.
(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.
(sec.126-ssec.3) A regulation made under subsection (1) may also prescribe the lottery operators that must implement a harm minimisation measure.
(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.
- (a) delaying the start of a process in particular circumstances;
- (b) interrupting a process in particular circumstances;
- (c) using particular technology or software;
- (d) providing particular information to the chief executive or persons participating in lotteries;
- (e) enabling a person to access a service that provides help with gambling problems.
- (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
- (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
- (b) it is in the public interest to prescribe 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