sec.79Conditions for entering into agency agreement

### sec.79 Conditions for entering into agency agreement A lottery operator may enter into an agency agreement with a person only if— it is entered into in relation to a small business owned and controlled by the person; and the person is prescribed under a regulation as a person eligible to be a lottery agent. Subsection (1) (a) does not apply if the business in relation to which the agency agreement is to be entered into is— a business in relation to which a previous agency agreement applied; or a mail order business. A lottery operator may enter into an agency agreement only if the agreement— states the lottery agent’s place of operation; and includes any other provisions required by the chief executive. The chief executive may, by written notice given to a lottery operator and lottery agent, require them to amend their agency agreement in a stated way. A notice under subsection (4) must state— the amendment required; and the reason for the amendment; and the time, not less than 30 days after the notice is given to both parties to the agreement, within which they must comply with the notice; and that the lottery operator or lottery agent may apply, as provided under the QCAT Act , to the tribunal for a review of the decision to require the amendment. The chief executive must not require the inclusion of a provision in an agency agreement, or an amendment of an agency agreement, unless the chief executive believes on reasonable grounds that the inclusion of the provision or the amendment is reasonably necessary to ensure— the integrity of the conduct of lotteries by the lottery operator is not jeopardised in a material way; or the public interest is not affected in an adverse and material way. In this section— mail order business means a business intended to be operated by a person for selling tickets (whether by mail or otherwise) to persons outside Queensland. previous agency agreement means an agency agreement that is, under section 243 (1) , taken to be an agency agreement duly made in accordance with this Act. small business means a business undertaking— that is wholly owned and controlled by an individual or individuals in partnership or by a proprietary company within the meaning of the Corporations Act ; and that is managed by the owner or directors; and that is not a subsidiary of, or does not form part of, a larger business or enterprise; and in which— no more than 50 persons are employed; or if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000. s 79 amd 2001 No. 45 s 29 sch 3 ; 2002 No. 43 s 98 ; 2007 No. 22 ss 41 , 3 sch 1 ; 2009 No. 24 s 646 (sec.79-ssec.1) A lottery operator may enter into an agency agreement with a person only if— it is entered into in relation to a small business owned and controlled by the person; and the person is prescribed under a regulation as a person eligible to be a lottery agent. (sec.79-ssec.2) Subsection (1) (a) does not apply if the business in relation to which the agency agreement is to be entered into is— a business in relation to which a previous agency agreement applied; or a mail order business. (sec.79-ssec.3) A lottery operator may enter into an agency agreement only if the agreement— states the lottery agent’s place of operation; and includes any other provisions required by the chief executive. (sec.79-ssec.4) The chief executive may, by written notice given to a lottery operator and lottery agent, require them to amend their agency agreement in a stated way. (sec.79-ssec.5) A notice under subsection (4) must state— the amendment required; and the reason for the amendment; and the time, not less than 30 days after the notice is given to both parties to the agreement, within which they must comply with the notice; and that the lottery operator or lottery agent may apply, as provided under the QCAT Act , to the tribunal for a review of the decision to require the amendment. (sec.79-ssec.6) The chief executive must not require the inclusion of a provision in an agency agreement, or an amendment of an agency agreement, unless the chief executive believes on reasonable grounds that the inclusion of the provision or the amendment is reasonably necessary to ensure— the integrity of the conduct of lotteries by the lottery operator is not jeopardised in a material way; or the public interest is not affected in an adverse and material way. (sec.79-ssec.7) In this section— mail order business means a business intended to be operated by a person for selling tickets (whether by mail or otherwise) to persons outside Queensland. previous agency agreement means an agency agreement that is, under section 243 (1) , taken to be an agency agreement duly made in accordance with this Act. small business means a business undertaking— that is wholly owned and controlled by an individual or individuals in partnership or by a proprietary company within the meaning of the Corporations Act ; and that is managed by the owner or directors; and that is not a subsidiary of, or does not form part of, a larger business or enterprise; and in which— no more than 50 persons are employed; or if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000. - (a) it is entered into in relation to a small business owned and controlled by the person; and - (b) the person is prescribed under a regulation as a person eligible to be a lottery agent. - (a) a business in relation to which a previous agency agreement applied; or - (b) a mail order business. - (a) states the lottery agent’s place of operation; and - (b) includes any other provisions required by the chief executive. - (a) the amendment required; and - (b) the reason for the amendment; and - (c) the time, not less than 30 days after the notice is given to both parties to the agreement, within which they must comply with the notice; and - (d) that the lottery operator or lottery agent may apply, as provided under the QCAT Act , to the tribunal for a review of the decision to require the amendment. - (a) the integrity of the conduct of lotteries by the lottery operator is not jeopardised in a material way; or - (b) the public interest is not affected in an adverse and material way. - (a) that is wholly owned and controlled by an individual or individuals in partnership or by a proprietary company within the meaning of the Corporations Act ; and - (b) that is managed by the owner or directors; and - (c) that is not a subsidiary of, or does not form part of, a larger business or enterprise; and - (d) in which— (i) no more than 50 persons are employed; or (ii) if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000. - (i) no more than 50 persons are employed; or - (ii) if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000. - (i) no more than 50 persons are employed; or - (ii) if more than 50 persons are employed, the total number of hours worked by the employees in a week is no more than 2,000.