sec.133Approval of regulated lottery equipment

### sec.133 Approval of regulated lottery equipment 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. 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. 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. 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. 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) . 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. 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. 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. 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. s 133 amd 1999 No. 77 s 197 ; 2007 No. 22 s 3 sch 1 ; 2022 No. 23 s 93 (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. (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. (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. (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. (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) . (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. (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. (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. (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. - (a) for an approval for regulated lottery equipment proposed to be used in the conduct of lotteries by the lottery operator; or - (b) for approval to modify regulated lottery equipment used in the conduct of lotteries by the lottery operator. - (a) carry out the evaluation; or - (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. - (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. - (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. - (a) the lottery operator must pay the fee prescribed under a regulation for the evaluation to the chief executive; and - (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. - (a) grant the approval; or - (b) grant the approval with conditions; or - (c) refuse to grant the approval. - (a) the fee payable for an evaluation carried out by the chief executive is not paid; or - (b) the lottery operator fails to comply with a direction of the chief executive under subsection (2) (b) . - (a) for a decision to grant an approval—immediately give the lottery operator written notice of the decision; or - (b) for a decision to grant an approval with conditions—immediately give the lottery operator an information notice for the decision; or - (c) for a decision to refuse to grant an approval—immediately give the lottery operator an information notice for the decision. - (a) necessary or appropriate for the proper conduct of lotteries; or - (b) otherwise in the public interest. - (a) impose conditions on the approval, whether or not the approval is already subject to conditions; or - (b) vary a condition of the approval; or - (c) remove a condition of the approval. - (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 - (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 - (c) for a decision to remove a condition of an approval—give the lottery operator for the approval written notice of the decision.