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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 2003
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
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Lotteries and Art Unions Amendment
Bill 2003
Act No , 2003
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.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Lotteries and Art Unions Amendment Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Lotteries and Art Unions Amendment Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Lotteries and Art Unions Act 1901 No 34
The Lotteries and Art Unions Act 1901 is amended as set out in
Schedule 1.
4 Consequential amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Page 2
Lotteries and Art Unions Amendment Bill 2003
Amendment of Lotteries and Art Unions Act 1901 Schedule 1
Schedule 1 Amendment of Lotteries and Art Unions
Act 1901
(Section 3)
[1] Section 2
Omit the section. Insert instead:
2 Objects of Act
(1) The principal object of this Act is to ensure that, on balance,
the State and the community as a whole benefit from lottery
activities.
(2) This Act seeks to achieve that balance by allowing, in the
public interest, the conduct of lottery activities subject to a
system of regulation and control designed to protect players
and the community through:
(a) restricting who may conduct and benefit from lottery
activities, and
(b) ensuring the integrity and fairness of lottery activities,
and
(c) ensuring the probity of those involved in the conduct of
lottery activities, and
(d) minimising the potential for harm from lottery
activities.
(3) Particular objects of this Act include:
(a) to set and maintain appropriate standards and levels of
accountability for the conduct of lottery activities, and
(b) to ensure that the public obtains reasonable net benefits
from the conduct of lottery activities, and
(c) to ensure that lottery activities are not exploited for
personal gain by those conducting the lottery activities,
and
(d) to maintain and protect the integrity of lottery activities,
and
(e) to assist the ongoing viability of organisations
conducting lottery activities that have developed in the
public interest and contribute positively to the
community, and
Page 3
Lotteries and Art Unions Amendment Bill 2003
Schedule 1 Amendment of Lotteries and Art Unions Act 1901
(f) to ensure that the proceeds and profits of lottery
activities are applied to the particular purposes, or go to
the persons or organisations, in accordance with
representations made during the conduct of the lottery
activities.
[2] Section 2A Definitions
Insert in alphabetical order in section 2A (1):
publish means disseminate, exhibit, provide or communicate
by oral, visual, written, electronic or other means (for
example, by way of newspaper, radio, television or through
use of the Internet, subscription TV or other on-line
communications system), and includes cause to be published.
[3] Section 4B Lotteries and games of chance for the promotion of
trade
Insert "or an interstate club within the meaning of section 30 (13) of that
Act" after "Registered Clubs Act 1976" in section 4B (7).
[4] Section 4C Games of chance in registered clubs
Omit section 4C (3) (a), (4), (4AA), (4A) and (5).
[5] Section 4C (3) (b)
Omit "or such lesser amount as may be specified in the permit referred to
in paragraph (a) in respect of the game".
Insert instead "in respect of the game or type of game".
[6] Section 4C (3) (d) and (g)
Omit "in the permit referred to in paragraph (a) in respect of the game"
wherever occurring.
Insert instead "by or under the regulations in respect of the game or type
of game".
[7] Section 4C (3) (i)
Omit the paragraph. Insert instead:
(i) any other conditions imposed by or under the
regulations in respect of the game or type of game.
Page 4
Lotteries and Art Unions Amendment Bill 2003
Amendment of Lotteries and Art Unions Act 1901 Schedule 1
[8] Sections 19 and 19A
Omit section 19. Insert instead:
19 Definition of "foreign lottery"
In this Part:
foreign lottery means a lottery (whether it is described as a
lottery, or as a sweep, or called by any other name or
designation), including a lottery within the meaning of section
3, that:
(a) is conducted or to be conducted outside Australia and
whether or not it is legal in the place where it is or is to
be conducted, or
(b) is conducted or to be conducted in another State or a
Territory and is declared by the Minister, by order
published in the Gazette, to be a lottery that fails to
comply with the standards required of lottery activities
conducted in New South Wales.
19A Application of Act to lotteries conducted outside NSW
A lottery (however described) is subject to section 3 and the
other provisions of this Act even if it is conducted or to be
conducted outside New South Wales (whether or not it is
subject to a declaration under paragraph (b) of the definition
of foreign lottery in section 19).
[9] Sections 22A and 22AA
Omit section 22A. Insert instead:
22A Minister may issue direction prohibiting conduct of lottery
activity
(1) This section applies if the Minister is satisfied:
(a) that it is likely that the provisions of this Act or the
regulations or the conditions of a permit have not been,
or will not be, complied with in relation to a lottery
activity, or
(b) that it would otherwise be against the public interest for
the lottery activity to be conducted.
Page 5
Lotteries and Art Unions Amendment Bill 2003
Schedule 1 Amendment of Lotteries and Art Unions Act 1901
(2) The Minister may, by written notice given to the person or
organisation conducting the lottery, give a direction
prohibiting the conduct of the lottery activity.
(3) A person or organisation given a direction under subsection
(2) must comply with the direction.
Maximum penalty: 50 penalty units.
(4) A person or organisation given a direction under subsection
(2) may apply to the Administrative Decisions Tribunal for a
review of the decision by the Minister to give the direction.
22AA Minister may prohibit person or organisation from conducting
lottery activities
(1) This section applies if the Minister is satisfied:
(a) that a person or organisation has persistently failed to
comply with the provisions of this Act or the
regulations or the conditions of a permit, and
(b) that the person or organisation is likely to continue to do
so.
(2) The Minister may, by written notice given to the person or
organisation, give a direction prohibiting the person or
organisation from conducting any lottery activities for a
period not exceeding 2 years after the notice is given to the
person or organisation.
(3) A person or organisation given a direction under subsection
(2) must comply with the direction.
Maximum penalty: 50 penalty units.
(4) A person or organisation given a direction under subsection
(2) may apply to the Administrative Decisions Tribunal for a
review of the decision by the Minister to give the direction.
[10] Schedule 1 Repeals
Omit the Schedule.
[11] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Lotteries and Art Unions Amendment Act 2003
Page 6
Lotteries and Art Unions Amendment Bill 2003
Amendment of Lotteries and Art Unions Act 1901 Schedule 1
[12] Schedule 2, Part 3
Insert after Part 2:
Part 3 Provision consequent on enactment of
Lotteries and Art Unions Amendment
Act 2003
6 Orders under section 22A
An order of the Supreme Court made under section 22A and
in force immediately before the commencement of Schedule
1 [9] to the Lotteries and Art Unions Amendment Act 2003
continues in force after that commencement as if section 22A
had not been substituted.
Page 7
Lotteries and Art Unions Amendment Bill 2003
Schedule 2 Consequential amendment of other Acts
Schedule 2 Consequential amendment of other Acts
(Section 4)
2.1 Administrative Decisions Tribunal Act 1997 No 76
Schedule 2 Composition and functions of Divisions
Insert in alphabetical order in clause 2 (1) of Part 4:
Lotteries and Art Unions Act 1901
2.2 Licensing and Registration (Uniform Procedures) Act 2002
No 28
[1] Schedule 4 Amendment of other Acts and statutory rules
Omit Schedule 4.7 [3].
[2] Schedule 4.7 [7]
Omit section 7 (1) (c) of the Lotteries and Art Unions Act 1901 as
proposed to be inserted by that item.
Page 8
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