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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Lotteries and Art Unions Amendment
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Lotteries and Art Unions Act 1901 No 34 2
4 Consequential amendment of other Acts 2
Schedules
1 Amendment of Lotteries and Art Unions Act 1901 3
2 Consequential amendment of other Acts 8
b02-137-p02.37
New South Wales
Lotteries and Art Unions Amendment
Bill 2002
No , 2002
A Bill for
An Act to amend the Lotteries and Art Unions Act 1901 to specify the objects of
the Act and with respect to the conduct of games of chance by registered clubs
and the conduct of foreign lotteries; to make consequential amendments to the
Administrative Decisions Tribunal Act 1997 and the Licensing and Registration
(Uniform Procedures) Act 2002; and for other purposes.
Clause 1 Lotteries and Art Unions Amendment Bill 2002
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Lotteries and Art Unions Amendment Act 2002.
4
2 Commencement
5
This Act commences on a day or days to be appointed by
6
proclamation.
7
3 Amendment of Lotteries and Art Unions Act 1901 No 34
8
The Lotteries and Art Unions Act 1901 is amended as set out in
9
Schedule 1.
10
4 Consequential amendment of other Acts
11
The Acts specified in Schedule 2 are amended as set out in that
12
Schedule.
Page 2
Lotteries and Art Unions Amendment Bill 2002
Amendment of Lotteries and Art Unions Act 1901 Schedule 1
Schedule 1 Amendment of Lotteries and Art Unions 1
Act 1901 2
3
(Section 3)
4
[1] Section 2
5
Omit the section. Insert instead:
6
2 Objects of Act
7
(1) The principal object of this Act is to ensure that, on balance,
8
the State and the community as a whole benefit from lottery
9
activities.
10
(2) This Act seeks to achieve that balance by allowing, in the
11
public interest, the conduct of lottery activities subject to a
12
system of regulation and control designed to protect players
13
and the community through:
14
(a) restricting who may conduct and benefit from lottery
15
activities, and
16
(b) ensuring the integrity and fairness of lottery activities,
17
and
18
(c) ensuring the probity of those involved in the conduct of
19
lottery activities, and
20
(d) minimising the potential for harm from lottery
21
activities.
22
(3) Particular objects of this Act include:
23
(a) to set and maintain appropriate standards and levels of
24
accountability for the conduct of lottery activities, and
25
(b) to ensure that the public obtains reasonable net benefits
26
from the conduct of lottery activities, and
27
(c) to ensure that lottery activities are not exploited for
28
personal gain by those conducting the lottery activities,
29
and
30
(d) to maintain and protect the integrity of lottery activities,
31
and
32
(e) to assist the ongoing viability of organisations
33
conducting lottery activities that have developed in the
34
public interest and contribute positively to the
35
community, and
Page 3
Lotteries and Art Unions Amendment Bill 2002
Schedule 1 Amendment of Lotteries and Art Unions Act 1901
1
(f) to ensure that the proceeds and profits of lottery
2
activities are applied to the particular purposes, or go to
3
the persons or organisations, in accordance with
4
representations made during the conduct of the lottery
5
activities.
6
[2] Section 2A Definitions
7
Insert in alphabetical order in section 2A (1):
8
publish means disseminate, exhibit, provide or communicate
9
by oral, visual, written, electronic or other means (for
10
example, by way of newspaper, radio, television or through
11
use of the Internet, subscription TV or other on-line
12
communications system), and includes cause to be published.
13
[3] Section 4B Lotteries and games of chance for the promotion of
14
trade
15
Insert "or an interstate club within the meaning of section 30 (13) of that
16
Act" after "Registered Clubs Act 1976" in section 4B (7).
17
[4] Section 4C Games of chance in registered clubs
18
Omit section 4C (3) (a), (4), (4AA), (4A) and (5).
19
[5] Section 4C (3) (b)
20
Omit "or such lesser amount as may be specified in the permit referred to
21
in paragraph (a) in respect of the game".
22
Insert instead "in respect of the game or type of game".
23
[6] Section 4C (3) (d) and (g)
24
Omit "in the permit referred to in paragraph (a) in respect of the game"
25
wherever occurring.
26
Insert instead "by or under the regulations in respect of the game or type
27
of game".
28
[7] Section 4C (3) (i)
29
Omit the paragraph. Insert instead:
30
(i) any other conditions imposed by or under the
31
regulations in respect of the game or type of game.
Page 4
Lotteries and Art Unions Amendment Bill 2002
Amendment of Lotteries and Art Unions Act 1901 Schedule 1
[8] Section 19 1
2
Omit the section. Insert instead:
3
19 Definition of "foreign lottery"
4
In this Part:
5
foreign lottery means a lottery (whether it is described as a
6
lottery, or as a sweep, or called by any other name or
7
designation), including a lottery within the meaning of section
8
3, that:
9
(a) is conducted or to be conducted outside Australia and
10
whether or not it is legal in the place where it is or is to
11
be conducted, or
12
(b) is conducted or to be conducted in another State or a
13
Territory and is declared by the Minister, by order
14
published in the Gazette, to be a lottery that fails to
15
comply with the standards required of lottery activities
16
conducted in New South Wales.
17
[9] Sections 22A and 22AA
18
Omit section 22A. Insert instead:
19
22A Minister may issue direction prohibiting conduct of lottery
20
activity
21
(1) This section applies if the Minister is satisfied:
22
(a) that it is likely that the provisions of this Act or the
23
regulations or the conditions of a permit have not been,
24
or will not be, complied with in relation to a lottery
25
activity, or
26
(b) that it would otherwise be against the public interest for
27
the lottery activity to be conducted.
28
(2) The Minister may, by written notice given to the person or
29
organisation conducting the lottery, give a direction
30
prohibiting the conduct of the lottery activity.
31
(3) A person or organisation given a direction under subsection
32
(2) must comply with the direction.
33
Maximum penalty: 50 penalty units.
Page 5
Lotteries and Art Unions Amendment Bill 2002
Schedule 1 Amendment of Lotteries and Art Unions Act 1901
1
(4) A person or organisation given a direction under subsection
2
(2) may apply to the Administrative Decisions Tribunal for a
3
review of the decision by the Minister to give the direction.
4
22AA Minister may prohibit person or organisation from conducting
5
lottery activities
6
(1) This section applies if the Minister is satisfied:
7
(a) that a person or organisation has persistently failed to
8
comply with the provisions of this Act or the
9
regulations or the conditions of a permit, and
10
(b) that the person or organisation is likely to continue to do
11
so.
12
(2) The Minister may, by written notice given to the person or
13
organisation, give a direction prohibiting the person or
14
organisation from conducting any lottery activities for a
15
period not exceeding 2 years after the notice is given to the
16
person or organisation.
17
(3) A person or organisation given a direction under subsection
18
(2) must comply with the direction.
19
Maximum penalty: 50 penalty units.
20
(4) A person or organisation given a direction under subsection
21
(2) may apply to the Administrative Decisions Tribunal for a
22
review of the decision by the Minister to give the direction.
23
[10] Schedule 1 Repeals
24
Omit the Schedule.
25
[11] Schedule 2 Savings and transitional provisions
26
Insert at the end of clause 1 (1):
27
Lotteries and Art Unions Amendment Act 2002
Page 6
Lotteries and Art Unions Amendment Bill 2002
Amendment of Lotteries and Art Unions Act 1901 Schedule 1
[12] Schedule 2, Part 3 1
2
Insert after Part 2:
Part 3 Provision consequent on enactment of 3
Lotteries and Art Unions Amendment 4
Act 2002 5
6
6 Orders under section 22A
7
An order of the Supreme Court made under section 22A and
8
in force immediately before the commencement of Schedule
9
1 [9] to the Lotteries and Art Unions Amendment Act 2002
10
continues in force after that commencement as if section 22A
11
had not been substituted.
Page 7
Lotteries and Art Unions Amendment Bill 2002
Schedule 2 Consequential amendment of other Acts
Schedule 2 Consequential amendment of other Acts 1
2
(Section 4)
2.1 Administrative Decisions Tribunal Act 1997 No 76 3
4
Schedule 2 Composition and functions of Divisions
5
Insert in alphabetical order in clause 2 (1) of Part 4:
6
Lotteries and Art Unions Act 1901
2.2 Licensing and Registration (Uniform Procedures) Act 2002 7
No 28 8
9
[1] Schedule 4 Amendment of other Acts and statutory rules
10
Omit Schedule 4.7 [3].
11
[2] Schedule 4.7 [7]
12
Omit section 7 (1) (c) of the Lotteries and Art Unions Act 1901 as
13
proposed to be inserted by that item.
Page 8
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