sec.6Requirement for primary licence

### sec.6 Requirement for primary licence A person must not conduct a lottery unless the person is authorised to do so under a primary licence. Maximum penalty—200 penalty units or 2 years imprisonment. A person must not conduct a gaming scheme that is not a lottery if— the gaming scheme may reasonably be confused with a lottery; or because of the scheme’s similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery. Maximum penalty—200 penalty units or 2 years imprisonment. Subsection (2) does not apply if the gaming scheme is conducted under a gaming Act. A person must not participate in a lottery, or a gaming scheme mentioned in subsection (2) , knowing the person who is conducting the lottery or scheme is not authorised under this Act or a gaming Act to conduct the lottery or scheme. Maximum penalty—40 penalty units. A person must not conduct a gaming scheme (other than an approved lottery) under a name that— is a name by which an approved lottery is conducted; or is likely to be confused with the name by which an approved lottery is conducted; or includes a word— contained in the name by which an approved lottery is conducted; and prescribed under a regulation. Maximum penalty for subsection (5) —40 penalty units. s 6 amd 2004 No. 21 s 123 sch ; 2007 No. 22 s 3 sch 1 (sec.6-ssec.1) A person must not conduct a lottery unless the person is authorised to do so under a primary licence. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.6-ssec.2) A person must not conduct a gaming scheme that is not a lottery if— the gaming scheme may reasonably be confused with a lottery; or because of the scheme’s similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.6-ssec.3) Subsection (2) does not apply if the gaming scheme is conducted under a gaming Act. (sec.6-ssec.4) A person must not participate in a lottery, or a gaming scheme mentioned in subsection (2) , knowing the person who is conducting the lottery or scheme is not authorised under this Act or a gaming Act to conduct the lottery or scheme. Maximum penalty—40 penalty units. (sec.6-ssec.5) A person must not conduct a gaming scheme (other than an approved lottery) under a name that— is a name by which an approved lottery is conducted; or is likely to be confused with the name by which an approved lottery is conducted; or includes a word— contained in the name by which an approved lottery is conducted; and prescribed under a regulation. Maximum penalty for subsection (5) —40 penalty units. - (a) the gaming scheme may reasonably be confused with a lottery; or - (b) because of the scheme’s similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery. - (a) is a name by which an approved lottery is conducted; or - (b) is likely to be confused with the name by which an approved lottery is conducted; or - (c) includes a word— (i) contained in the name by which an approved lottery is conducted; and (ii) prescribed under a regulation. - (i) contained in the name by which an approved lottery is conducted; and - (ii) prescribed under a regulation. - (i) contained in the name by which an approved lottery is conducted; and - (ii) prescribed under a regulation.