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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Lotteries Amendment
Bill 2007
Queensland
Lotteries Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Lotteries Act 1997
3 Act amended in pt 2 and sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2B Explanation of licensing scheme . . . . . . . . . . . . . . . . 8
5 Replacement of pt 2, div 2 hdg (Requirement to hold
lottery licence) ................................... 9
6 Amendment of s 7 (Foreign gaming schemes). . . . . . . . . . . . . . . 9
7 Amendment of s 8 (Lawful activities) . . . . . . . . . . . . . . . . . . . . . . 9
8 Insertion of new pt 2A hdg and div 1 . . . . . . . . . . . . . . . . . . . . . . 9
Part 2A Primary licences
Division 1 Preliminary
8A Person may not hold both types of primary licence . . 10
8B What a licence authorises . . . . . . . . . . . . . . . . . . . . . 10
9 Replacement of pt 2A, div 3 hdg (Applications for, and issue of,
lottery licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 9 (Application for lottery licence) . . . . . . . . . . . . 10
11 Amendment of s 11 (Conditions for granting application). . . . . . . 11
12 Amendment of s 12 (Suitability of applicant to hold lottery
licence) ....................................... 11
13 Amendment of s 13 (Suitability of business and executive
associates) ..................................... 12
14 Amendment of s 14 (Investigations of suitability of persons) . . . . 12
15 Amendment of s 15 (Decision on application) . . . . . . . . . . . . . . . 13
16 Amendment of s 17 (Form of lottery licence) . . . . . . . . . . . . . . . . 13
17 Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Lotteries Amendment Bill 2007
17A Voluntary omission of a lottery stated in a primary
licence ............................... 13
18 Amendment of s 18 (Changing conditions of lottery licence) . . . . 13
19 Insertion of new ss 18A18C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18A Other amendments of primary licence . . . . . . . . . . . . 14
18B When amendments take effect. . . . . . . . . . . . . . . . . . 14
18C Notice to other interested persons . . . . . . . . . . . . . . . 14
20 Amendment of s 19 (Return of licence for endorsement of
changed conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Omission of s 20 (Amendment of lottery licence). . . . . . . . . . . . . 15
22 Replacement of pt 2A, div 4 hdg (General provisions about
lottery licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Amendment of s 22 (Mortgage and assignment of lottery
licence) ...................................... 16
24 Amendment of s 23 (Surrender of lottery licence) . . . . . . . . . . . . 16
25 Insertion of new pt 2A, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4 Obligations to act under primary licences
23A Primary licensees must enter lottery operation
agreements ............................ 17
23B Lottery operators must actively conduct lotteries . . . . 17
23C Minister may temporarily excuse non-activity. . . . . . . 17
26 Replacement of pt 2A, div 5 hdg (Suspension and cancellation
of lottery licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Amendment of s 24 (Grounds for suspension or cancellation). . . 18
28 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24A Ground for omitting a lottery from a primary licence . 19
29 Amendment of s 25 (Show cause notice). . . . . . . . . . . . . . . . . . . 19
30 Amendment of s 26 (Copy of show cause notice to be given to
interested persons). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Amendment of s 28 (Immediate suspension) . . . . . . . . . . . . . . . . 20
32 Amendment of s 31 (Notice by the Minister) . . . . . . . . . . . . . . . . 20
33 Amendment of s 32 (Suspension, cancellation and
appointment of administrator). . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32A Endorsement of amendment . . . . . . . . . . . . . . . . . . . 21
35 Amendment of s 34 (Cancellation or reduction of period of
suspension) ..................................... 22
36 Amendment of s 36 (Investigations) . . . . . . . . . . . . . . . . . . . . . . . 22
37 Insertion of new pt 2B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 2B Lottery operation agreements
3
Lotteries Amendment Bill 2007
39A What is a lottery operation agreement . . . . . . . . . . . . 23
39B Amendments must also be approved . . . . . . . . . . . . . 23
39C Approval process . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
39D Minister to be notified if agreement ends . . . . . . . . . . 24
39E Being a party to more than 1 lottery operation
agreement ............................. 24
38 Amendment of s 40 (Meaning of key employee) . . . . . . . . . . . . . 24
39 Amendment of s 41 (Obligation to hold licence). . . . . . . . . . . . . . 24
40 Amendment of s 60 (Show cause notice). . . . . . . . . . . . . . . . . . . 25
41 Amendment of s 79 (Conditions for entering into agency
agreement) ...................................... 25
42 Omission of ss 80 and 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Amendment of s 82 (Returns about agents) . . . . . . . . . . . . . . . . 26
44 Insertion of new s 97A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
97A Liability of lottery operator's holding companies for
unpaid tax, fee or penalty . . . . . . . . . . . . . . . . . . . . . . 26
45 Insertion of new s 104A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
104A Application of div 2 to former primary licensees. . . . . 27
46 Amendment of s 107 (Lottery records to be kept for required period) 27
47 Amendment of s 116 (Ancillary lottery agreement) . . . . . . . . . . . 27
48 Insertion of new s 121A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
121A Rules to be made available . . . . . . . . . . . . . . . . . . . . 28
49 Amendment of s 129 (Claims for prizes) . . . . . . . . . . . . . . . . . . . 28
50 Insertion of new ss 131A and 131B . . . . . . . . . . . . . . . . . . . . . . . 28
131A Payment of unclaimed major prizes into the
consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
131B Payment of other unclaimed prizes into the
consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
51 Insertion of new s 132AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
132AA Former lottery operators. . . . . . . . . . . . . . . . . . . . . . . 30
52 Amendment of s 132A (Relationship of provisions about
unclaimed prizes with Public Trustee Act) . . . . . . . . . . . . . . . . . . 32
53 Amendment of s 147 (Relationship of key officials with
prospective licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Amendment of s 181A (Direction about conduct of approved
lottery) ......................................... 33
55 Amendment of s 185 (Power to require production of
documents) ................................... 33
56 Amendment of s 188 (Power to require attendance of persons) . 33
57 Amendment of s 193 (Direction about management practice) . . . 34
4
Lotteries Amendment Bill 2007
58 Amendment of s 206 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 34
59 Amendment of s 218 (Appeals by other persons) . . . . . . . . . . . . 34
60 Amendment of s 220 (Starting appeal) . . . . . . . . . . . . . . . . . . . . 34
61 Amendment of s 225A (Golden Casket Lottery Corporation
Limited exemption from application of Freedom of Information
Act 1992) ......................................... 34
62 Insertion of new pt 11A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 11A Transaction involving GCLC
Division 1 Preliminary
228A Definitions for pt 11A . . . . . . . . . . . . . . . . . . . . . . . . . 35
228B Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2 Share transfer, licences and other matters for
the transaction
228C Minister's power to execute share transfers . . . . . . . . 36
228D GCLC stops being a company GOC . . . . . . . . . . . . . 36
228E GCLC's current lottery licence ends . . . . . . . . . . . . . . 36
228F Issue of licences to the State company and GCLC . . 37
228G GCLC continuously authorised to conduct lotteries . . 37
228H Lottery operation agreement . . . . . . . . . . . . . . . . . . . 37
228I Disposal of public records . . . . . . . . . . . . . . . . . . . . . 38
Division 3 Constitutions of GCLC companies and related
matters
228J Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
228K Mandatory constitutional requirements for GCLC
companies .............................. 38
228L Inconsistent alterations to GCLC companies'
constitutions have no effect . . . . . . . . . . . . . . . . . . . . 39
228M Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
228N Other powers of Supreme Court . . . . . . . . . . . . . . . . 41
228O Jurisdiction of Supreme Court . . . . . . . . . . . . . . . . . . 42
228P Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 42
228Q Suspension or cancellation of licence for breach of
head office provision . . . . . . . . . . . . . . . . . . . . . . . . . 42
63 Insertion of new pt 12, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 6 Transitional provisions for Lotteries
Amendment Act 2007
253 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
254 Approvals, key person licences, agreements and
other documents continue unaffected . . . . . . . . . . . . 43
5
Lotteries Amendment Bill 2007
255 Requirements relating to taxes, fees, records and
other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
256 Payment of prizes into, and out of, the consolidated
fund ................................ 45
64 Amendment of sch 1 (Decisions not subject to appeal) . . . . . . . . 45
65 Amendment of sch 2 (Decisions of chief executive subject
to appeal) ....................................... 45
66 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 45
Part 3 Amendment of other legislation
67 Legislation amended in sch 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Schedule 1 Amendments of Lotteries Act 1997 to change references to
`lottery licensee' and related terms . . . . . . . . . . . . . . . . . . . . . 48
Schedule 2 Amendments of other legislation . . . . . . . . . . . . . . . . . . . . . . 53
Commercial and Consumer Tribunal Act 2003 . . . . . . . . . . . . . . . 53
Government Owned Corporations Regulation 2004 . . . . . . . . . . 53
Interactive Gambling (Player Protection) Act 1998. . . . . . . . . . . . 53
Wagering Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
2007
A Bill
for
An Act to amend the Lotteries Act 1997 and other legislation
s1 8 s4
Lotteries Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Lotteries Amendment Act 2007. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Part 2 Amendment of Lotteries Act 7
1997 8
Clause 3 Act amended in pt 2 and sch 1 9
This part and schedule 1 amend the Lotteries Act 1997. 10
Clause 4 Insertion of new s 2B 11
After section 2A-- 12
insert-- 13
`2B Explanation of licensing scheme 14
`This Act establishes a licensing scheme under which a lottery 15
may be conducted only if-- 16
(a) a person holds a lottery licence for the lottery; and 17
(b) another person holds a lottery operator's licence for the 18
lottery; and 19
(c) the lottery is conducted under a lottery operation 20
agreement between the 2 persons.'. 21
s5 9 s8
Lotteries Amendment Bill 2007
Clause 5 Replacement of pt 2, div 2 hdg (Requirement to hold 1
lottery licence) 2
Part 2, division 2, heading-- 3
omit, insert-- 4
`Division 2 Requirement for lottery to be 5
authorised by lottery licence and 6
lottery operator's licence'. 7
Clause 6 Amendment of s 7 (Foreign gaming schemes) 8
Section 7(3), definition approved arrangement, after 9
`Queensland'-- 10
insert-- 11
`under this Act'. 12
Clause 7 Amendment of s 8 (Lawful activities) 13
(1) Section 8(a)-- 14
omit, insert-- 15
`(a) the conduct, in accordance with this Act, of a lottery 16
stated in a lottery licence and lottery operator's licence, 17
by the lottery licensee and lottery operator;'. 18
(2) Section 8(c), `a lottery licence'-- 19
omit, insert-- 20
`this Act'. 21
Clause 8 Insertion of new pt 2A hdg and div 1 22
After section 8-- 23
insert-- 24
`Part 2A Primary licences 25
`Division 1 Preliminary 26
s9 10 s 10
Lotteries Amendment Bill 2007
`8A Person may not hold both types of primary licence 1
`(1) The same person may not hold both a lottery licence and a 2
lottery operator's licence. 3
`(2) Subsection (1) does not prevent a body corporate from 4
holding 1 type of primary licence only because a related body 5
corporate holds the other type of primary licence. 6
`(3) In this section-- 7
related body corporate see the Corporations Act, section 9. 8
`8B What a licence authorises 9
`(1) This section applies if a lottery (the authorised lottery) is 10
stated in both a lottery licence and a lottery operator's licence. 11
`(2) The lottery licence authorises the lottery licensee to conduct 12
the authorised lottery through the lottery operator by entering 13
a lottery operation agreement with the lottery operator. 14
`(3) The lottery operator's licence authorises the lottery operator to 15
conduct the authorised lottery under a lottery operation 16
agreement with the lottery licensee.'. 17
Clause 9 Replacement of pt 2A, div 3 hdg (Applications for, and 18
issue of, lottery licences) 19
Part 2A, division 3, heading-- 20
omit, insert-- 21
`Division 2 Issuing and amending primary 22
licences'. 23
Clause 10 Amendment of s 9 (Application for lottery licence) 24
(1) Section 9(2) and (3)-- 25
renumber as section 9(3) and (4). 26
(2) Section 9-- 27
insert-- 28
`(2) The application must state whether it is for a lottery licence or 29
a lottery operator's licence.'. 30
s 11 11 s 12
Lotteries Amendment Bill 2007
(3) Section 9(4), as renumbered, `for a lottery licence'-- 1
omit. 2
Clause 11 Amendment of s 11 (Conditions for granting application) 3
(1) Section 11(1)-- 4
omit, insert-- 5
`(1) The Minister may grant an application for a primary licence 6
only if the Minister is satisfied-- 7
(a) the applicant is a suitable person to hold a licence of the 8
type to which the application relates; and 9
(b) each business or executive associate of the applicant is a 10
suitable person to be associated with the operations of 11
the holder of a licence of that type.'. 12
(2) Section 11-- 13
insert-- 14
`(3) Without limiting the other matters the Minister may consider 15
in deciding whether to grant an application for a primary 16
licence, the Minister may have regard to the terms of another 17
primary licence in force at the time of the application and any 18
commercial arrangements in place relating to that other 19
licence.'. 20
Clause 12 Amendment of s 12 (Suitability of applicant to hold lottery 21
licence) 22
(1) Section 12(1), `is a suitable person to hold a lottery licence'-- 23
omit, insert-- 24
`or lottery operator's licence is a suitable person to hold a 25
licence of that type'. 26
(2) Section 12(1)(f) and (g)-- 27
renumber as section 12(1)(h) and (i). 28
(3) Section 12(1)(e)-- 29
omit, insert-- 30
s 13 12 s 14
Lotteries Amendment Bill 2007
`(e) for an application for a lottery licence--whether the 1
applicant has the appropriate business ability to enter 2
into, and manage, lottery operation agreements; 3
(f) for an application for a lottery operator's 4
licence--whether the applicant has the appropriate 5
business ability to conduct lotteries successfully under a 6
lottery operator's licence; 7
(g) the extent to which the applicant has negotiated a 8
proposed lottery operation agreement;'. 9
(4) Section 12(2), definition appropriate resources, `lottery 10
licence'-- 11
omit, insert-- 12
`licence of the type to which the application relates'. 13
Clause 13 Amendment of s 13 (Suitability of business and executive 14
associates) 15
Section 13, `a lottery licensee's operations'-- 16
omit, insert-- 17
`the operations of the holder of a licence of the relevant type'. 18
Clause 14 Amendment of s 14 (Investigations of suitability of 19
persons) 20
(1) Section 14(1)-- 21
omit, insert-- 22
`(1) The chief executive may investigate an applicant for a 23
primary licence to help the Minister decide whether the 24
applicant is a suitable person to hold a licence of the type to 25
which the application relates.'. 26
(2) Section 14(2), `a lottery licensee's operations'-- 27
omit, insert-- 28
`the operations of the holder of a licence of the relevant type'. 29
s 15 13 s 18
Lotteries Amendment Bill 2007
Clause 15 Amendment of s 15 (Decision on application) 1
Section 15(1)-- 2
omit, insert-- 3
`(1) If the Minister decides to grant an application for a primary 4
licence, the Minister must promptly issue a licence of the 5
relevant type to the applicant.'. 6
Clause 16 Amendment of s 17 (Form of lottery licence) 7
(1) Section 17(2)(b) to (f)-- 8
renumber as section 17(2)(c) to (g). 9
(2) Section 17(2)(a)-- 10
omit, insert-- 11
`(a) the licensee's name; 12
(b) the type of licence;'. 13
Clause 17 Insertion of new s 17A 14
After section 17-- 15
insert-- 16
`17A Voluntary omission of a lottery stated in a primary 17
licence 18
`(1) With a primary licensee's written approval, the Minister may 19
amend the primary licence to omit a lottery stated in it. 20
`(2) At a primary licensee's written request, the Minister must 21
amend the primary licence to omit a lottery stated in it. 22
Note-- 23
A primary licence may also be amended, to omit a lottery stated in it, 24
under division 5.'. 25
Clause 18 Amendment of s 18 (Changing conditions of lottery 26
licence) 27
(1) Section 18(1), `by the lottery licensee'-- 28
omit, insert-- 29
s 19 14 s 19
Lotteries Amendment Bill 2007
`stated in the licence'. 1
(2) Section 18(2)-- 2
omit. 3
(3) Section 18(3) and (4)-- 4
renumber as section 18(2) and (3). 5
Clause 19 Insertion of new ss 18A18C 6
After section 18-- 7
insert-- 8
`18A Other amendments of primary licence 9
`The Minister may amend a primary licence, other than to 10
omit a lottery or change a condition, only with the written 11
approval of the primary licensee. 12
`18B When amendments take effect 13
`(1) If the Minister amends a primary licence under this division, 14
the Minister must give the licensee a notice stating the day the 15
amendment takes effect (the stated day). 16
`(2) For an amendment changing the conditions of the licence, the 17
notice may be included in the condition notice. 18
`(3) For an amendment omitting a lottery stated in a licence, 19
unless the Minister and primary licensee agree otherwise, the 20
stated day must be 3 months after the day the Minister 21
receives the approval or request for the amendment. 22
`18C Notice to other interested persons 23
`If a primary licence is being amended under this division, the 24
Minister must give written notice of the amendment, before 25
the stated day under section 18B, to each person with whom 26
the primary licensee has a lottery operation agreement.'. 27
s 20 15 s 22
Lotteries Amendment Bill 2007
Clause 20 Amendment of s 19 (Return of licence for endorsement of 1
changed conditions) 2
(1) Section 19, heading, `changed conditions'-- 3
omit, insert-- 4
`amendments'. 5
(2) Section 19(1), after `change of conditions'-- 6
insert-- 7
`or a notice from the Minister requesting the return of the 8
licence to endorse another amendment being made under this 9
division'. 10
(3) Section 19(2)(b), after `changed conditions'-- 11
insert-- 12
`or other amendment'. 13
(4) Section 19(3)-- 14
omit, insert-- 15
`(3) An amendment takes effect on the stated day in the notice 16
given under section 18B and does not depend on the primary 17
licence being amended to record the amendment or a 18
replacement licence being issued.'. 19
Clause 21 Omission of s 20 (Amendment of lottery licence) 20
Section 20-- 21
omit. 22
Clause 22 Replacement of pt 2A, div 4 hdg (General provisions 23
about lottery licences) 24
Part 2A, division 4, heading-- 25
omit, insert-- 26
`Division 3 General provisions about primary 27
licences'. 28
s 23 16 s 24
Lotteries Amendment Bill 2007
Clause 23 Amendment of s 22 (Mortgage and assignment of lottery 1
licence) 2
(1) Section 22(3)-- 3
omit, insert-- 4
`(3) Before the Minister approves the transfer of a primary licence 5
under this section, the Minister must be satisfied-- 6
(a) the proposed transferee is a suitable person to hold a 7
licence of the relevant type; and 8
(b) each business and executive associate of the proposed 9
transferee is a suitable person to be associated with the 10
operations of the holder of a licence of the relevant 11
type.'. 12
(2) Section 22(4), `the lottery licence'-- 13
omit, insert-- 14
`the primary licence'. 15
(3) Section 22(4), `new lottery licence'-- 16
omit, insert-- 17
`new primary licence of the relevant type'. 18
(4) Section 22-- 19
insert-- 20
`(6) Before transferring a primary licence, the primary licensee 21
must give written notice of the proposed transfer to each other 22
person with whom the primary licensee has a lottery operation 23
agreement.'. 24
Clause 24 Amendment of s 23 (Surrender of lottery licence) 25
Section 23-- 26
insert-- 27
`(3) Before surrendering a primary licence, the primary licensee 28
must give written notice of the proposed surrender to each 29
other person with whom the primary licensee has a lottery 30
operation agreement.'. 31
s 25 17 s 25
Lotteries Amendment Bill 2007
Clause 25 Insertion of new pt 2A, div 4 1
After section 23-- 2
insert-- 3
`Division 4 Obligations to act under primary 4
licences 5
`23A Primary licensees must enter lottery operation 6
agreements 7
`(1) This section applies if-- 8
(a) a primary licence stating a lottery is issued; or 9
(b) a primary licence is amended to include a lottery; or 10
(c) a lottery operation agreement for the conduct of a lottery 11
stated in a primary licence stops being in force and the 12
primary licensee is not a party to any other lottery 13
operation agreement for the conduct of the lottery. 14
`(2) The primary licensee must take all reasonable steps to enter an 15
agreement for the conduct of the lottery and have it approved 16
as a lottery operation agreement as soon as practicable. 17
`23B Lottery operators must actively conduct lotteries 18
`A lottery operator must actively conduct each lottery stated in 19
the lottery operator's licence. 20
`23C Minister may temporarily excuse non-activity 21
`(1) The Minister may excuse a primary licensee from complying 22
with a requirement under section 23A or 23B, for a stated 23
period, if satisfied it would be reasonable in all the 24
circumstances. 25
Example-- 26
The Minister may be satisfied it would be reasonable to excuse a lottery 27
operator from actively conducting a lottery, for a stated period, if the 28
lottery operator is unable to conduct the lottery during the period for 29
operational reasons beyond the lottery operator's control. 30
s 26 18 s 27
Lotteries Amendment Bill 2007
`(2) Sections 23A and 23B apply to the primary licensee subject to 1
the excuse given by the Minister.'. 2
Clause 26 Replacement of pt 2A, div 5 hdg (Suspension and 3
cancellation of lottery licences) 4
Part 2A, division 5, heading-- 5
omit, insert-- 6
`Division 5 Suspension or cancellation of 7
primary licences and omission of 8
lotteries from primary licences'. 9
Clause 27 Amendment of s 24 (Grounds for suspension or 10
cancellation) 11
(1) Section 24(1)(a) and (b)-- 12
omit, insert-- 13
`(a) the primary licensee is not, or is no longer, a suitable 14
person to hold a licence of the relevant type; 15
(b) a business or executive associate of the primary licensee 16
is not, or is no longer, a suitable person to be associated 17
with the operations of the holder of a licence of the 18
relevant type;'. 19
(2) Section 24(1)(g) to (j)-- 20
renumber as section 24(1)(h) to (k). 21
(3) Section 24(1)-- 22
insert-- 23
`(g) there has been a breach of a lottery operation agreement 24
to which the primary licensee is a party (by any party to 25
the agreement);'. 26
(4) Section 24(2), `lottery licence'-- 27
omit, insert-- 28
`licence of the relevant type'. 29
(5) Section 24(3), `a lottery licensee's operations'-- 30
omit, insert-- 31
s 28 19 s 29
Lotteries Amendment Bill 2007
`the operations of the holder of a licence of the relevant type'. 1
(6) Section 24(4), `subsection (1)(i)'-- 2
omit, insert-- 3
`subsection (1)(j)'. 4
Clause 28 Insertion of new s 24A 5
After section 24-- 6
insert-- 7
`24A Ground for omitting a lottery from a primary licence 8
`(1) A primary licence may be amended to omit a lottery stated in 9
it on the ground that the primary licensee is, and has been for 10
a continuous period of at least 14 days, contravening division 11
4 in relation to the lottery. 12
`(2) The power to amend a primary licence under this division to 13
omit a lottery, on the ground mentioned in subsection (1), 14
includes the power to amend the licence to omit the only 15
lottery, or all lotteries, stated in the licence on that ground.'. 16
Clause 29 Amendment of s 25 (Show cause notice) 17
(1) Section 25(1)(c)(i), `by the lottery licensee'-- 18
omit, insert-- 19
`stated in the licence'. 20
(2) Section 25(2) and (3)-- 21
renumber as section 25(3) and (4). 22
(3) Section 25-- 23
insert-- 24
`(2) This section also applies if the Minister believes the ground 25
exists to amend a primary licence by omitting a lottery stated 26
in it.'. 27
s 30 20 s 32
Lotteries Amendment Bill 2007
Clause 30 Amendment of s 26 (Copy of show cause notice to be 1
given to interested persons) 2
(1) Section 26(1)(a), `or cancellation'-- 3
omit, insert-- 4
`, cancellation or amendment'. 5
(2) Section 26(3)-- 6
renumber as section 26(4). 7
(3) Section 26-- 8
insert-- 9
`(3) Without limiting subsection (1), a person is an interested 10
person if a lottery operation agreement between the person 11
and the primary licensee is in force.'. 12
Clause 31 Amendment of s 28 (Immediate suspension) 13
(1) Section 28(1)(b)(ii), `by the lottery licensee'-- 14
omit, insert-- 15
`stated in the licence'. 16
(2) Section 28-- 17
insert-- 18
`(3) If the Minister gives a suspension notice to a primary licensee, 19
the Minister must give a copy of the suspension notice to each 20
other person with whom the primary licensee has a lottery 21
operation agreement.'. 22
Clause 32 Amendment of s 31 (Notice by the Minister) 23
(1) Section 31(1)(c)(i), `by the lottery licensee'-- 24
omit, insert-- 25
`stated in the licence'. 26
(2) Section 31(2) and (3)-- 27
renumber as section 31(3) and (4). 28
(3) Section 31-- 29
s 33 21 s 34
Lotteries Amendment Bill 2007
insert-- 1
`(2) This section also applies if, after considering the accepted 2
representations for the show cause notice, the Minister still 3
believes the ground exists to amend a primary licence by 4
omitting a lottery stated in it.'. 5
Clause 33 Amendment of s 32 (Suspension, cancellation and 6
appointment of administrator) 7
(1) Section 32, heading, after `cancellation'-- 8
insert-- 9
`, amendment'. 10
(2) Section 32(1)-- 11
insert-- 12
`(c) if the proposed action stated in the show cause notice 13
was to amend the primary licence by omitting a lottery 14
stated in it--make the amendment.'. 15
(3) Section 32(2), `lottery licensee'-- 16
omit, insert-- 17
`primary licensee and to each other person with whom the 18
primary licensee has a lottery operation agreement'. 19
Clause 34 Insertion of new s 32A 20
After section 32-- 21
insert-- 22
`32A Endorsement of amendment 23
`(1) This section applies if-- 24
(a) a primary licence is amended under section 32(1)(c); 25
and 26
(b) the Minister asks the primary licensee to return the 27
licence within a stated period of at least 7 days so the 28
amendment may be endorsed on the licence. 29
`(2) The primary licensee must comply with the request, unless the 30
licensee has a reasonable excuse. 31
s 35 22 s 36
Lotteries Amendment Bill 2007
Maximum penalty--40 penalty units. 1
`(3) On receiving the primary licence, the Minister must-- 2
(a) amend the licence in an appropriate way and return the 3
amended licence to the primary licensee; or 4
(b) if the Minister does not consider it is practicable to 5
amend the licence--issue a replacement licence, 6
incorporating the amendment, to the primary licensee. 7
`(4) An amendment takes effect on the relevant day under section 8
32(3) and does not depend on the primary licence being 9
amended to record the amendment or a replacement licence 10
being issued.'. 11
Clause 35 Amendment of s 34 (Cancellation or reduction of period 12
of suspension) 13
Section 34(2), `lottery licensee'-- 14
omit, insert-- 15
`primary licensee and to each other person with whom the 16
primary licensee has a lottery operation agreement'. 17
Clause 36 Amendment of s 36 (Investigations) 18
(1) Section 36(1), `lottery licence'-- 19
omit, insert-- 20
`primary licence of the relevant type'. 21
(2) Section 36(2) and (4)(a), `a lottery licensee's operations'-- 22
omit, insert-- 23
`the operations of the holder of a primary licence of the 24
relevant type'. 25
(3) Section 36(3)(a), `lottery licence'-- 26
omit, insert-- 27
`primary licence of the relevant type'. 28
s 37 23 s 37
Lotteries Amendment Bill 2007
Clause 37 Insertion of new pt 2B 1
Before part 3-- 2
insert-- 3
`Part 2B Lottery operation agreements 4
`39A What is a lottery operation agreement 5
`(1) A lottery operation agreement is an agreement between a 6
lottery licensee and a lottery operator, for the conduct of a 7
lottery by the lottery operator, approved by the Minister under 8
this part. 9
`(2) Another person may also be a party to a lottery operation 10
agreement. 11
Example for subsection (2)-- 12
A person may be a party to a lottery operation agreement because the 13
agreement includes provisions under which the person acts as a 14
guarantor for one of the primary licensees. 15
`39B Amendments must also be approved 16
`For this Act, an amendment of a lottery operation agreement 17
is of no effect until it is approved by the Minister. 18
`39C Approval process 19
`(1) A lottery licensee may apply to the Minister for approval of a 20
proposed lottery operation agreement or a proposed 21
amendment of a lottery operation agreement. 22
`(2) The application must be written and accompanied by a copy 23
of the proposed agreement or amendment. 24
`(3) The Minister must give, or refuse to give, the approval. 25
`(4) The Minister may refuse to give the approval only if the 26
Minister reasonably believes it is necessary to do so-- 27
(a) in the public interest; or 28
(b) to protect proper standards of integrity in the conduct of 29
lotteries. 30
s 38 24 s 39
Lotteries Amendment Bill 2007
`(5) The Minister must promptly give the lottery licensee written 1
notice of the Minister's decision. 2
`39D Minister to be notified if agreement ends 3
`If a lottery operation agreement stops being in force, each 4
party to the agreement must immediately give written notice 5
to the Minister. 6
`39E Being a party to more than 1 lottery operation 7
agreement 8
`(1) A lottery licensee may be a party to lottery operation 9
agreements with 2 or more lottery operators at the same time, 10
whether for the same or different lotteries. 11
`(2) A lottery licensee may not be a party to more than 1 lottery 12
operation agreement with the same lottery operator at the 13
same time. 14
`(3) A lottery operator may not be a party to more than 1 lottery 15
operation agreement at the same time.'. 16
Clause 38 Amendment of s 40 (Meaning of key employee) 17
(1) Section 40(1)(a), `conduct of a lottery'-- 18
omit, insert-- 19
`primary licensee's operations'. 20
(2) Section 40(1)(c)-- 21
omit, insert-- 22
`(c) for a lottery employee of a lottery operator--occupies or 23
acts in a position designated in the lottery operator's 24
approved control system as a key position.'. 25
Clause 39 Amendment of s 41 (Obligation to hold licence) 26
Section 41, `conduct of a lottery'-- 27
omit, insert-- 28
`primary licensee's operations'. 29
s 40 25 s 41
Lotteries Amendment Bill 2007
Clause 40 Amendment of s 60 (Show cause notice) 1
Section 60(4)(b), `by the lottery licensee'-- 2
omit, insert-- 3
`stated in the primary licence'. 4
Clause 41 Amendment of s 79 (Conditions for entering into agency 5
agreement) 6
(1) Section 79(3)(a)-- 7
omit. 8
(2) Section 79(3)(b) and (c)-- 9
renumber as section 79(3)(a) and (b). 10
(3) Section 79(5)-- 11
renumber as section 79(7). 12
(4) Section 79(4)-- 13
omit, insert-- 14
`(4) The chief executive may, by written notice given to a lottery 15
operator and lottery agent, require them to amend their agency 16
agreement in a stated way. 17
`(5) A notice under subsection (4) must state-- 18
(a) the amendment required; and 19
(b) the reason for the amendment; and 20
(c) the time, not less than 30 days after the notice is given to 21
both parties to the agreement, within which they must 22
comply with the notice; and 23
(d) that the lottery operator or lottery agent may appeal to 24
the Gaming Commission, within 28 days after receiving 25
the notice, against the decision to require the 26
amendment. 27
`(6) The chief executive must not require the inclusion of a 28
provision in an agency agreement, or an amendment of an 29
agency agreement, unless the chief executive believes on 30
reasonable grounds that the inclusion of the provision or the 31
amendment is reasonably necessary to ensure-- 32
s 42 26 s 44
Lotteries Amendment Bill 2007
(a) the integrity of the conduct of lotteries by the lottery 1
operator is not jeopardised in a material way; or 2
(b) the public interest is not affected in an adverse and 3
material way.'. 4
Clause 42 Omission of ss 80 and 81 5
Sections 80 and 81-- 6
omit. 7
Clause 43 Amendment of s 82 (Returns about agents) 8
Section 82(1), after `agents'-- 9
insert-- 10
`and their places of operation'. 11
Clause 44 Insertion of new s 97A 12
After section 97-- 13
insert-- 14
`97A Liability of lottery operator's holding companies for 15
unpaid tax, fee or penalty 16
`(1) This section applies to any of the following amounts payable 17
by a lottery operator that is a corporation-- 18
(a) lottery tax or a licence fee that remains unpaid by the 19
lottery operator at the end of the period allowed for its 20
payment; 21
(b) a penalty payable by the lottery operator under section 22
97. 23
`(2) The lottery operator and each holding company of the lottery 24
operator are jointly and severally liable for payment of the 25
amount. 26
`(3) In this section-- 27
holding company see the Corporations Act, section 9.'. 28
s 45 27 s 47
Lotteries Amendment Bill 2007
Clause 45 Insertion of new s 104A 1
Part 6, division 2-- 2
insert-- 3
`104A Application of div 2 to former primary licensees 4
`This division continues to apply to the lottery records for a 5
primary licence after the licence ends and, for that purpose, a 6
reference in this division to a primary licensee includes a 7
person who has stopped being a primary licensee.'. 8
Clause 46 Amendment of s 107 (Lottery records to be kept for 9
required period) 10
(1) Section 107(1)(a), `; and'-- 11
omit, insert-- 12
`; or' 13
(2) Section 107(1)(b)-- 14
omit, insert-- 15
`(b) in the case of any other lottery record-- 16
(i) if it relates to a lottery for which the only prize, or 17
all prizes, are paid or given on 1 day--for 5 years 18
after that day; or 19
(ii) otherwise--for 5 years after the last day on which 20
a prize or part of a prize in the lottery is paid or 21
given to the person entitled to it. 22
Example for subparagraph (ii)-- 23
The prize for a lottery consists of a particular amount paid 24
to the prize winner at the end of each year for 20 years. A 25
lottery record for the lottery must be kept for 5 years after 26
the day the last payment is paid.'. 27
Clause 47 Amendment of s 116 (Ancillary lottery agreement) 28
Section 116(2), after `agency agreement'-- 29
insert-- 30
`or a lottery operation agreement'. 31
s 48 28 s 50
Lotteries Amendment Bill 2007
Clause 48 Insertion of new s 121A 1
After section 121-- 2
insert-- 3
`121A Rules to be made available 4
`A lottery operator must-- 5
(a) for each lottery stated in the lottery operator's 6
licence--make a copy of the rules for the lottery 7
available for public inspection, during ordinary office 8
hours, at the lottery operator's public office; and 9
(b) for each lottery for which a lottery agent of the lottery 10
operator does anything under the agency 11
agreement--give a copy of the rules for the lottery to the 12
lottery agent. 13
Maximum penalty--40 penalty units.'. 14
Clause 49 Amendment of s 129 (Claims for prizes) 15
(1) Section 129(2)(b)-- 16
omit, insert-- 17
`(b) the end of 7 years after the closure of the lottery in 18
which the prize is won.'. 19
(2) Section 129(4)-- 20
omit. 21
Clause 50 Insertion of new ss 131A and 131B 22
After section 131-- 23
insert-- 24
`131A Payment of unclaimed major prizes into the 25
consolidated fund 26
`(1) This section applies to a prize in an approved lottery if-- 27
(a) it is 3 months since the closure of the lottery; and 28
(b) the prize has not been claimed by the person entitled to 29
it; and 30
s 50 29 s 50
Lotteries Amendment Bill 2007
(c) the prize has a value of at least the relevant amount. 1
`(2) If it is a monetary prize, the lottery operator must pay the 2
amount of the prize to the chief executive. 3
`(3) If it is a non-monetary prize, the lottery operator must, as soon 4
as practicable and in any case within 6 months after the 5
closure of the lottery-- 6
(a) dispose of the prize under section 131; and 7
(b) pay the amount of the proceeds, less the cost of disposal, 8
to the chief executive. 9
`(4) However, the chief executive may allow a longer time for 10
disposal of a non-monetary prize if the chief executive 11
considers it would be reasonable to do so having regard to all 12
the circumstances including the nature of the prize. 13
`(5) The chief executive must pay the amount received under 14
subsection (2) or (3) into the consolidated fund. 15
`(6) If, after the amount is paid into the consolidated fund, the 16
lottery operator is required under section 130 to pay the prize, 17
the lottery operator may give the chief executive a written 18
request in the approved form to be repaid the amount. 19
`(7) On receiving a request under subsection (6), the chief 20
executive must pay the amount from the consolidated fund 21
without further appropriation. 22
`(8) In this section-- 23
relevant amount means the amount, at least $500000, 24
prescribed under a regulation for this section. 25
value, of a prize, means-- 26
(a) if it is a monetary prize consisting of 1 payment--the 27
amount of the payment; or 28
(b) if it is a monetary prize consisting of 2 or more 29
payments--the total amount of the payments; or 30
(c) if it is a non-monetary prize--the amount, or highest 31
amount, claimed to be the prize's value by the lottery 32
operator in promotional material or other information 33
made publicly available for the lottery. 34
s 51 30 s 51
Lotteries Amendment Bill 2007
`131B Payment of other unclaimed prizes into the 1
consolidated fund 2
`(1) This section applies to a prize in an approved lottery, other 3
than a prize to which section 131A applies, if-- 4
(a) it is 7 years since the closure of the lottery; and 5
(b) the prize has not been claimed by the person entitled to 6
it; and 7
(c) the prize has not been used for a prize or additional 8
prize, or in another way, under section 132. 9
`(2) If it is a monetary prize, the lottery operator must pay the 10
amount of the prize to the chief executive. 11
`(3) If it is a non-monetary prize, the lottery operator must, as soon 12
as practicable-- 13
(a) dispose of the prize under section 131; and 14
(b) pay the amount of the proceeds, less the cost of disposal, 15
to the chief executive. 16
`(4) The chief executive must pay the amount received under 17
subsection (2) or (3) into the consolidated fund.'. 18
Clause 51 Insertion of new s 132AA 19
After section 132-- 20
insert-- 21
`132AA Former lottery operators 22
`(1) This section applies if a person stops being a lottery operator. 23
`(2) This section applies in relation to the following approved 24
lotteries conducted by the person (relevant lotteries)-- 25
(a) a lottery that closed within 7 years before the person 26
stopped being a lottery operator; 27
(b) another lottery for which there is any prize money that 28
the person has not paid but is required to pay (including 29
amounts the person is required to pay at a later time). 30
Example for paragraph (b)-- 31
s 51 31 s 51
Lotteries Amendment Bill 2007
a lottery, closed 10 years ago, for which the prize consisted of a 1
particular amount paid to the prize winner at the end of each year 2
for 20 years 3
`(3) The person must pay to the chief executive the amount of all 4
the prize money for relevant lotteries that has not been-- 5
(a) paid to someone entitled to it as a prize under this Act; 6
or 7
(b) paid to the chief executive under this Act; or 8
(c) used for a prize or additional prize, or in another way, 9
under section 132. 10
`(4) If the person has used an amount for a prize or additional 11
prize, or in another way, under section 132, the chief 12
executive may-- 13
(a) decide, on the advice of an actuary, the amount of prizes 14
for relevant lotteries that has not yet been claimed under 15
this Act but is likely to be claimed (the likely claims 16
amount); and 17
(b) if the amount the person has paid to the chief executive 18
is less than the likely claims amount, give the person a 19
notice stating-- 20
(i) the likely claims amount; and 21
(ii) how the likely claims amount was decided; and 22
(iii) that the person must make a further payment to the 23
chief executive to meet the likely claims amount; 24
and 25
(iv) the day, not less than 30 days after the notice is 26
given, by which the person must make the 27
payment; and 28
(v) that, within 28 days after receiving the notice, the 29
person may apply to the Commercial and 30
Consumer Tribunal for a review of the decision 31
about the likely claims amount; and 32
(vi) how the person may apply for the review. 33
`(5) The person must comply with a notice under subsection 34
(4)(b). 35
s 52 32 s 53
Lotteries Amendment Bill 2007
`(6) A reference in subsection (3) to prize money includes an 1
amount held after dealing with a non-monetary prize under 2
section 131. 3
`(7) The person must give to the chief executive anything other 4
than money that-- 5
(a) is a prize for a relevant lottery; and 6
(b) has not been given to someone entitled to it under this 7
Act; and 8
(c) has not been dealt with under section 131. 9
`(8) Sections 129 to 131 apply, as if the chief executive were the 10
lottery operator, in relation to prizes for relevant lotteries that 11
have been paid or given to the chief executive under this 12
section. 13
`(9) Amounts received by the chief executive are to be paid into 14
the consolidated fund. 15
`(10) If, after an amount of a prize is paid into the consolidated fund 16
under this section, the chief executive is required under 17
section 130 to pay the prize, the chief executive must pay the 18
amount from the consolidated fund without further 19
appropriation.'. 20
Clause 52 Amendment of s 132A (Relationship of provisions about 21
unclaimed prizes with Public Trustee Act) 22
Section 132A, `and 132'-- 23
omit, insert-- 24
`to 132AA'. 25
Clause 53 Amendment of s 147 (Relationship of key officials with 26
prospective licensees) 27
Section 147(7)-- 28
omit, insert-- 29
`(7) In this section-- 30
s 54 33 s 56
Lotteries Amendment Bill 2007
prospective primary licensee means a person who has applied 1
for a primary licence but whose application has not yet been 2
decided.'. 3
Clause 54 Amendment of s 181A (Direction about conduct of 4
approved lottery) 5
(1) Section 181A(2) and (5), after `lottery licensee'-- 6
insert-- 7
`or lottery operator'. 8
(2) Section 181A(4) and (5), after `the licensee'-- 9
insert-- 10
`or lottery operator'. 11
Clause 55 Amendment of s 185 (Power to require production of 12
documents) 13
Section 185(1)(c) and (d)-- 14
omit, insert-- 15
`(c) if the person is a lottery licensee--a document kept by 16
the licensee about the licensee's operations under the 17
lottery licence; or 18
(d) if the person is a lottery operator--a document kept by 19
the lottery operator about the conduct of lotteries by the 20
lottery operator; or 21
(e) if the person is a lottery agent--a document kept by the 22
agent about the conduct of lotteries by the lottery 23
operator by whom the agent is appointed.'. 24
Clause 56 Amendment of s 188 (Power to require attendance of 25
persons) 26
Section 188(2)(c), `a lottery agent appointed by the 27
licensee'-- 28
omit, insert-- 29
`if the licensee is a lottery operator--a lottery agent appointed 30
by the lottery operator'. 31
s 57 34 s 61
Lotteries Amendment Bill 2007
Clause 57 Amendment of s 193 (Direction about management 1
practice) 2
Section 193(1)(b)(i), `by the lottery licensee'-- 3
omit, insert-- 4
`stated in the primary licence'. 5
Clause 58 Amendment of s 206 (Evidentiary aids) 6
Section 206(2), definition licence, after `lottery licence'-- 7
insert-- 8
`, lottery operator's licence'. 9
Clause 59 Amendment of s 218 (Appeals by other persons) 10
Section 218-- 11
insert-- 12
`(1) Within 28 days after receiving a notice under section 13
132AA(4)(b), a person may may apply to the Commercial and 14
Consumer Tribunal for a review of the decision under section 15
132AA(4)(a).'. 16
Clause 60 Amendment of s 220 (Starting appeal) 17
Section 220(1), after `An appeal'-- 18
insert-- 19
`to the Gaming Commission'. 20
Clause 61 Amendment of s 225A (Golden Casket Lottery 21
Corporation Limited exemption from application of 22
Freedom of Information Act 1992) 23
Section 225A(1), `activities.'-- 24
omit, insert-- 25
`activities before the commencement of section 228D. '. 1
26
1 Section 228D (GCLC stops being a company GOC)
s 62 35 s 62
Lotteries Amendment Bill 2007
Clause 62 Insertion of new pt 11A 1
After part 11-- 2
insert-- 3
`Part 11A Transaction involving GCLC 4
`Division 1 Preliminary 5
`228A Definitions for pt 11A 6
`In this part-- 7
commencement day means the day this part commences. 8
constitution see the Corporations Act, section 9. 9
current lottery licence, of GCLC, means the lottery licence 10
held by GCLC immediately before the commencement day. 11
GCLC means Golden Casket Lottery Corporation Limited 12
ACN 078 785 449. 13
GCLC company means-- 14
(a) GCLC; or 15
(b) a subsidiary of GCLC other than Bounty Limited ACN 16
096 276 292. 17
mandatory constitutional requirements means-- 18
(a) the requirement under section 228K that a GCLC 19
company must have a constitution at all times; and 20
(b) the requirements under section 228K about what must 21
be in a GCLC company's constitution at all times. 22
share means a share in the share capital of a body corporate. 23
State company means Queensland Lottery Corporation Pty 24
Ltd ACN 124 921 311. 25
subsidiary see the Corporations Act, section 9. 26
transaction means the transaction mentioned in section 228B. 27
s 62 36 s 62
Lotteries Amendment Bill 2007
`228B Object 1
`The object of this part is to facilitate a transaction comprising 2
the following-- 3
(a) GCLC stops being a company GOC; 4
(b) the shares in GCLC are transferred; 5
(c) GCLC's current lottery licence ends; 6
(d) a lottery licence is issued to the State company; 7
(e) a lottery operator's licence is issued to GCLC; 8
(f) the State company and GCLC enter into an agreement 9
which is approved as a lottery operation agreement; 10
(g) the State company starts operating as a lottery licensee; 11
(h) GCLC starts operating as a lottery operator in 12
compliance with this part. 13
`Division 2 Share transfer, licences and other 14
matters for the transaction 15
`228C Minister's power to execute share transfers 16
`(1) For the transaction, the Minister may execute any document 17
transferring shares in GCLC to a person. 18
`(2) Subsection (1) applies even if the shares are held by a 19
Minister other than the Minister. 20
`228D GCLC stops being a company GOC 21
`(1) At the beginning of the commencement day, GCLC stops 22
being a company GOC. 23
`(2) Subsection (1) does not affect GCLC's registration under the 24
Corporations Act. 25
`228E GCLC's current lottery licence ends 26
`At the beginning of the commencement day, GCLC is taken 27
to have surrendered its current lottery licence. 28
s 62 37 s 62
Lotteries Amendment Bill 2007
`228F Issue of licences to the State company and GCLC 1
`(1) On the commencement day, the Minister must-- 2
(a) issue a lottery licence to the State company; and 3
(b) issue a lottery operator's licence to GCLC. 4
`(2) For all purposes, the licences are taken to have been issued at 5
the beginning of the day. 6
`(3) The term of each licence is the period ending on 31 July 2072. 7
`(4) Sections 9 to 15 do not apply to the issue of the licences. 8
`(5) Otherwise, this section does not limit the application of this 9
Act to the licences. 10
Examples for subsection (5)-- 11
1 The conditions of a licence may be changed under section 18. 12
2 A licence may be suspended or cancelled, or amended to omit a 13
lottery, under part 2A, division 5. 14
`228G GCLC continuously authorised to conduct lotteries 15
`To remove any doubt, it is declared that there is no time, 16
between holding its current lottery licence and holding the 17
lottery operator's licence issued under section 228F, at which 18
GCLC does not hold a licence under this Act to conduct a 19
lottery. 20
`228H Lottery operation agreement 21
`(1) This section applies if, on or before the commencement day, 22
the State company and GCLC enter into an agreement for the 23
purpose of this section. 24
`(2) On or as soon as practicable after the commencement day, the 25
State company and GCLC must give a copy of the agreement 26
to the Minister. 27
`(3) From the beginning of the commencement day, the agreement 28
is taken to be approved by the Minister as a lottery operation 29
agreement under part 2B. 30
s 62 38 s 62
Lotteries Amendment Bill 2007
`228I Disposal of public records 1
`(1) This section applies if-- 2
(a) a thing is done as part of the transaction; and 3
(b) the thing is, or involves, a disposal of a public record 4
under the Public Records Act 2002. 5
`(2) To remove any doubt, it is declared that, for the purpose of 6
section 13 of that Act, the public record is disposed of under 7
legal authority, justification or excuse. 8
`Division 3 Constitutions of GCLC companies 9
and related matters 10
`228J Application of div 3 11
`This division applies to each GCLC company while a lottery 12
operation agreement is in force between GCLC and the State 13
company. 14
`228K Mandatory constitutional requirements for GCLC 15
companies 16
`(1) A GCLC company must have, at all times, a constitution 17
requiring the company's head office to be located in 18
Queensland. 19
`(2) Without limiting subsection (1), a constitution does not 20
comply with subsection (1) unless it requires-- 21
(a) the principal operational offices of the following 22
company officers and personnel, however described, to 23
be located in Queensland-- 24
(i) at least 2 of the company's directors; 25
(ii) the chairperson; 26
(iii) the senior officer having overall management of 27
the company's affairs; 28
(iv) the senior officer having overall management of 29
the company's financial affairs; 30
s 62 39 s 62
Lotteries Amendment Bill 2007
(v) the senior officer having overall management of 1
the company's lottery operations; 2
(vi) the senior officer having overall management of 3
any of the company services mentioned in 4
paragraph (b)(i) to (vii); and 5
(b) the principal operational offices for the following 6
company services, however described, to be located in 7
Queensland-- 8
(i) distribution, sales and marketing; 9
(ii) strategic planning and business and product 10
development; 11
(iii) accounting; 12
(iv) human resource management; 13
(v) risk management, compliance, audit and regulatory 14
affairs; 15
(vi) information technology and related services; 16
(vii) administration and corporate services; and 17
(c) the following meetings of the company to be held in 18
Queensland-- 19
(i) each annual general meeting; 20
(ii) a majority of the board meetings in each year. 21
`228L Inconsistent alterations to GCLC companies' 22
constitutions have no effect 23
`(1) A resolution of a GCLC company that would, apart from this 24
subsection, have the effect of the company ceasing to have a 25
constitution, or of altering the company's constitution so that 26
it would not comply with section 228K, has no effect. 27
`(2) A resolution of a GCLC company has no effect if it would-- 28
(a) if acted on and apart from this subsection--result in a 29
contravention of the mandatory constitutional 30
requirements; or 31
(b) apart from this subsection--ratify an act or omission 32
contravening the mandatory constitutional requirements. 33
s 62 40 s 62
Lotteries Amendment Bill 2007
`228M Injunctions 1
`(1) Subsection (2) applies if a GCLC company or another person 2
has engaged, is engaging or is proposing to engage in conduct 3
constituting-- 4
(a) a contravention of the mandatory constitutional 5
requirements; or 6
(b) attempting to contravene the mandatory constitutional 7
requirements; or 8
(c) aiding, abetting, counselling or procuring a person to 9
contravene the mandatory constitutional requirements; 10
or 11
(d) inducing or attempting to induce, whether by threats, 12
promises or otherwise, a person to contravene the 13
mandatory constitutional requirements; or 14
(e) being in any way, directly or indirectly, knowingly 15
concerned in, or party to, the contravention by a person 16
of the mandatory constitutional requirements; or 17
(f) conspiring with others to contravene the mandatory 18
constitutional requirements. 19
`(2) On the application of the Minister, the Supreme Court may 20
grant an injunction restraining the company or other person 21
from engaging in the conduct and, if the court considers it 22
appropriate, requiring the company or other person to do 23
something. 24
`(3) If a GCLC company or another person has failed, is failing or 25
is proposing to fail to do something that the company or other 26
person is required by the mandatory constitutional 27
requirements to do, the Supreme Court may, on the 28
application of the Minister, grant an injunction requiring the 29
company or other person to do the thing. 30
`(4) On an application under subsection (2) or (3), the court may 31
grant the injunction sought with the consent of all the parties 32
to the proceeding, whether or not the court is satisfied the 33
subsection applies. 34
`(5) The court may grant an interim injunction pending a decision 35
on an application under subsection (2) or (3). 36
s 62 41 s 62
Lotteries Amendment Bill 2007
`(6) The court may discharge or vary an injunction, and may grant 1
an injunction on conditions. 2
`(7) The court's power to grant an injunction restraining a GCLC 3
company or another person from engaging in conduct may be 4
exercised-- 5
(a) whether or not it appears to the court that the company 6
or other person intends to engage again, or to continue 7
to engage, in the conduct; and 8
(b) whether or not the company or other person has 9
previously engaged in conduct of that kind; and 10
(c) whether or not there is an imminent danger of 11
substantial damage to a person if the company or other 12
person engages, or continues to engage, in the conduct. 13
`(8) The court's power to grant an injunction requiring a GCLC 14
company or another person to do something may be 15
exercised-- 16
(a) whether or not it appears to the court that the company 17
or other person intends to fail again, or to continue to 18
fail, to do the thing; and 19
(b) whether or not the company or other person has 20
previously failed to do a thing of that kind; and 21
(c) whether or not there is an imminent danger of 22
substantial damage to a person if the company or other 23
person fails, or continues to fail, to do the thing. 24
`(9) If the Minister makes an application under subsection (2) or 25
(3), the court must not require the Minister, as a condition of 26
granting an interim injunction, to give an undertaking as to 27
damages. 28
`228N Other powers of Supreme Court 29
`(1) Subsection (2) applies if the Supreme Court has power under 30
section 228M to grant an injunction restraining a GCLC 31
company or another person from engaging in particular 32
conduct, or requiring a GCLC company or another person to 33
do a particular thing. 34
s 62 42 s 62
Lotteries Amendment Bill 2007
`(2) The court may, either in addition to, or in substitution for, the 1
grant of the injunction, make any other order it considers 2
appropriate against the company or the other person who 3
engaged in the conduct or a person who was involved in the 4
failure to do the thing. 5
`228O Jurisdiction of Supreme Court 6
`The Supreme Court has jurisdiction for matters arising under 7
this part and that jurisdiction is exclusive of the jurisdiction of 8
all other courts, other than the jurisdiction of the High Court 9
under the Commonwealth Constitution, section 75.2 10
`228P Delegation by Minister 11
`The Minister may delegate the Minister's powers to apply to 12
the Supreme Court under section 228M to the chief executive. 13
`228Q Suspension or cancellation of licence for breach of 14
head office provision 15
`(1) This section applies if a lottery operation agreement to which 16
GCLC is a party includes a head office provision. 17
`(2) The following provisions do not apply in relation to the 18
suspension or cancellation of a primary licence, on the ground 19
stated in section 24(1)(g), for a breach of the head office 20
provision-- 21
· section 25(1)(b) and (c) 22
· section 31(1)(b) and (c) 23
`(3) In this section-- 24
head office provision means a provision of an agreement 25
imposing on a party-- 26
(a) a requirement that the party must establish and retain in 27
Queensland the national and international headquarters 28
of the party's lottery business; or 29
2 Commonwealth Constitution, section 75 (Original jurisdiction of High Court)
s 63 43 s 63
Lotteries Amendment Bill 2007
(b) another requirement that is the same as, or substantially 1
similar to, a requirement that must be contained in the 2
constitution of a GCLC company under section 228K.'. 3
Clause 63 Insertion of new pt 12, div 6 4
Part 12-- 5
insert-- 6
`Division 6 Transitional provisions for Lotteries 7
Amendment Act 2007 8
`253 Definitions for div 6 9
`In this division-- 10
commencement day means the day of commencement of the 11
provision in which the term appears. 12
`254 Approvals, key person licences, agreements and 13
other documents continue unaffected 14
`(1) Each current document continues in force under this Act 15
despite GCLC ceasing to be a lottery licensee and becoming a 16
lottery operator under part 11A. 17
`(2) Unless the context otherwise requires, a reference in a current 18
document to GCLC as a lottery licensee is taken to be a 19
reference to GCLC as a lottery operator. 20
`(3) In this section-- 21
current document means any of the following in force 22
immediately before the commencement day-- 23
(a) the chief executive's approval under section 73 of an 24
arrangement to which GCLC is a party; 25
(b) a key person licence, notice or other document relating 26
to GCLC under part 3;4 27
3 Section 7 (Foreign gaming schemes)
4 Part 3 (Key employees and operators)
s 63 44 s 63
Lotteries Amendment Bill 2007
(c) an agency agreement between GCLC and another 1
person or other document relating to GCLC under part 2
4;5 3
(d) an approval, submission, direction, notice or other 4
document relating to GCLC under part 6;6 5
(e) an approval, notice, direction or other document relating 6
to GCLC under part 7;7 7
(f) a requirement, direction or other document relating to 8
GCLC under part 8.8 9
`255 Requirements relating to taxes, fees, records and 10
other matters 11
`(1) This section applies to any of the following requirements 12
applying to GCLC that relate entirely or partly to its 13
operations before the commencement day-- 14
(a) a requirement under part 5 to pay a tax, fee or penalty or 15
give a return; 16
(b) a requirement under part 6 to keep a record, prepare a 17
statement or account, give a return or report or do 18
another thing; 19
(c) a requirement under part 7, division 4, about prize 20
money; 21
(d) other requirements under part 7 relating to the conduct 22
of an approved lottery or the operations of a lottery 23
agent; 24
(e) a direction or other requirement under part 8. 25
`(2) The requirement continues or arises under this Act despite 26
GCLC ceasing to be a lottery licensee and becoming a lottery 27
operator under part 11A. 28
5 Part 4 (Lottery agents)
6 Part 6 (Compliance requirements)
7 Part 7 (Conduct of approved lotteries)
8 Part 8 (Investigation and enforcement)
s 64 45 s 66
Lotteries Amendment Bill 2007
`256 Payment of prizes into, and out of, the consolidated 1
fund 2
`Sections 131A, 131B and 132AA do not apply in relation to 3
an approved lottery that closed before the commencement 4
day.'. 5
Clause 64 Amendment of sch 1 (Decisions not subject to appeal) 6
(1) Schedule 1, part 1, table, before the first entry for section 32-- 7
insert-- 8
`32 amending a primary licence to omit a lottery stated in it'.
(2) Schedule 1, part 2, table-- 9
insert-- 10
`39C granting or refusing to grant an application for approval of a
proposed lottery operation agreement or a proposed
amendment of a lottery operation agreement'.
Clause 65 Amendment of sch 2 (Decisions of chief executive 11
subject to appeal) 12
(1) Schedule 2, part 1-- 13
insert-- 14
`79 requiring an amendment of an agency agreement'.
(2) Schedule 2, part 3-- 15
insert-- 16
`79 requiring an amendment of an agency agreement'.
Clause 66 Amendment of sch 3 (Dictionary) 17
(1) Schedule 3, definitions lottery licence and show cause 18
period-- 19
omit. 20
(2) Schedule 3-- 21
insert-- 22
s 66 46 s 66
Lotteries Amendment Bill 2007
`commencement day-- 1
(a) for part 11A--see section 228A; or 2
(b) for part 12, division 2--see section 236; or 3
(c) for part 12, division 6--see section 253. 4
constitution, for part 11A, see section 228A. 5
current lottery licence, for part 11A, see section 228A. 6
GCLC see section 228A. 7
GCLC company, for part 11A, see section 228A. 8
lottery licence means a licence under this Act to enter 9
agreements with lottery operators for the conduct of lotteries. 10
lottery operator means a person who holds a lottery operator's 11
licence. 12
lottery operation agreement see section 39A. 13
lottery operator's licence means a licence under this Act to 14
conduct a lottery. 15
mandatory constitutional requirements, for part 11A, see 16
section 228A. 17
primary licence means a lottery licence or lottery operator's 18
licence. 19
primary licensee means a lottery licensee or lottery operator. 20
share, for part 11A, see section 228A. 21
show cause period, for part 2A, division 5, see section 22
25(3)(e). 23
State company, for part 11A, see section 228A. 24
subsidiary, for part 11A, see section 228A. 25
transaction, for part 11A, see section 228A.'. 26
(3) Schedule 3, definition accepted representations, paragraph 27
(a), `part 2'-- 28
omit, insert-- 29
`part 2A'. 30
s 67 47 s 67
Lotteries Amendment Bill 2007
(4) Schedule 3, definition executive associate of an applicant for a 1
lottery licensee, `lottery licensee'-- 2
omit, insert-- 3
`primary licence'. 4
(5) Schedule 3, definition official lottery document, paragraphs 5
(c) and (d)-- 6
omit, insert-- 7
`(c) a lottery operator's licence; or 8
(d) a key person licence; or 9
(e) an inspector's identity card.'. 10
(6) Schedule 3, definition related agreement, paragraph (a), 11
before `that'-- 12
insert-- 13
`, other than a lottery operation agreement,'. 14
(7) Schedule 3, definition show cause notice, paragraph (a)-- 15
omit, insert-- 16
`(a) for part 2A, division 5--see section 25(3); and'. 17
Part 3 Amendment of other legislation 18
Clause 67 Legislation amended in sch 2 19
Schedule 2 amends the Acts and regulation it mentions. 20
48
Lotteries Amendment Bill 2007
Schedule 1 Amendments of Lotteries Act 1
1997 to change references to 2
`lottery licensee' and related 3
terms 4
section 3 5
In the table below, a provision of the Lotteries Act 1997 6
mentioned in the first column is amended by omitting the 7
words in the second column and inserting the words opposite 8
in the third column. 9
The provisions are referred to as they were numbered 10
immediately before the commencement of this Act. That is, 11
any renumbering of the provisions elsewhere in this Act is 12
ignored for the purpose of the table. 13
Table 14
Amended provision Omit Insert
sections 6(1), 9(1), 10, 13, 14(2), `lottery licence' `primary licence'
15(2), 16, 17(1), 18(1), 18(3),19(1),
19(2), 21(1), 21(2), 22(2), 22(5),
23(1), 24(1) before paragraph (a),
24(1)(e), 24(1)(j), 25(1)(a),
25(2)(d), 26(1), 28(1), 29(1)(a),
29(2), 30(1)(a), 31(1)(a), 32(1),
33(1), 33(3)(a), 34(1), 36(4), 39(1),
40(1)(b), 95(1), 95(2), 108(a),
109(1), 110(1), 111, 113, 188(2)
and 190(1)(a)
schedule 1
schedule 3, definitions business
associate of an applicant for a
lottery licence, executive associate
of an applicant for a lottery licensee
and lottery employee
49
Lotteries Amendment Bill 2007
Schedule 1 (continued)
Amended provision Omit Insert
headings to sections 6, 9, 12, 17, 18, `lottery licence' `primary licence'
22, 23 and 39
section 21 heading `Lottery licence' `Primary licence'
sections 7(3), 18(3), 19(1), 19(2), `lottery licensee' `primary licensee'
22(1), 23(1), 24(1)(c) to (i), 24(4),
25(2), 25(3), 27(a), 28(2)(a),
29(1)(b), 29(3), 30(1)(b), 30(2),
31(2), 32(1)(b)(iii), 32(3)(a), 33(3),
33(5), 36(1), 36(2), 36(3), 36(4),
37(1), 40(2), 40(3), 42, 43, 44(3),
45(1), 46(2), 46(3), 46(4), 46(5),
47(2)(a), 49(2)(c), 51(1)(b),
51(2)(b), 54(1), 55(2)(b), 56(2)(b),
57(5)(b), 58(3), 60(4)(a), 60(5),
60(6), 62(3), 63(4)(b), 64(2)(b)(ii),
65(3), 65A(6), 65B(3)(b), 70, 71(1),
71(4), 72(1), 72(2), 73(1), 73(2),
73(3), 73(4), 73(5), 74(1), 74(2),
75(1), 75(2), 75(3), 75(4), 75(5),
95(1), 97(1), 97(3), 99(1), 99(2),
105(1), 106(1), 107(1), 108, 109(1),
110(1), 110(2), 110(4), 110(5),
110(6), 110(7), 111, 112, 113,
114(1)(b), 115(1), 115(2), 121(3),
145(2)(c), 147(1), 147(3), 148(2),
148(3), 158(c), 180(3), 188(2),
190(1)(a) and 193(2)
schedule 1 (except entry for section
193)
schedule 3, definitions business
associate of a lottery licensee,
employee, executive associate of a
lottery licensee, lottery employee,
lottery record and public office
section 29 heading `lottery licensee' `primary licensee'
50
Lotteries Amendment Bill 2007
Schedule 1 (continued)
Amended provision Omit Insert
sections 35(1), 36(3)(b) and `lottery licensees' `primary licensees'
36(4)(b)
sections 26(2)(b), 31(3)(a), 33(4), `lottery `primary
33(5) and 43 licensee's' licensee's'
section 113 heading `lottery `primary
licensee's' licensee's'
headings to sections 146 and 148 `lottery licensees `primary licensees
and agents' and lottery
agents'
sections 146(1), 146(2), 146(3), `lottery licensee `primary licensee
147(2), 148(1) and 148(4) or agent' or lottery agent'
schedule 1, part 2, table, entry for
section 193
section 193(1)(a) `lottery licensee's `primary licensee's
or agent's' or lottery agent's'
51
Lotteries Amendment Bill 2007
Schedule 1 (continued)
Amended provision Omit Insert
sections 59(3)(a), 78, 79(1), 79(3), `lottery licensee' `lottery operator'
82(1), 83(2), 83(3)(c), 84(1)(c)(i),
84(2)(a), 84(4), 84(5), 84(6)(b),
85(1)(b)(ii), 85(5), 86(5), 87(5),
88(1)(c)(i), 88(3), 89(1), 89(2),
89(3), 89(4), 90(1), 90(2), 94(1),
96(1), 100(1), 100(2), 100(3),
101(1), 101(2)(a), 102(1),
102(2)(a), 103(1), 103(3), 103(5),
103(6), 103(7), 104(1), 104(2),
104(3), 116(1), 116(3), 117(1),
117(2), 118(1), 118(3), 119(1)(a),
119(2), 119(6), 120(1)(a), 122,
123(1), 123(2), 124, 125(1), 125A,
126(1), 126(2), 128(2), 129(1),
129(3), 130(1), 130(2), 130(3),
130(4), 130(5), 130(6)(c), 130(7),
131(2), 132(1), 132(2), 133(1),
133(2)(b), 133(3), 133(4)(b),
133(5), 133(6), 134(1), 134(2),
134(3), 137(1), 137(2), 137(3)(b),
137(4)(b), 138(1), 139(1),
139(2)(a), 139(3), 150(1), 150(2),
151(1), 151(2), 152, 188(3) and 214
schedule 2
schedule 3, definitions approved
lottery, closure, computer system,
control system and related
agreement
section 122 heading `lottery licensee' `lottery operator'
section 152 heading `Lottery licensee' `Lottery operator'
sections 8(d) and 151(1)(a)(iii) `lottery licensees' `lottery operators'
headings to part 7 division 2, section `lottery licensees' `lottery operators'
214 and schedule 2 part 1
52
Lotteries Amendment Bill 2007
Schedule 1 (continued)
Amended provision Omit Insert
sections 101(3), 101(5), 102(3), `lottery `lottery operator's'
103(2), 103(4)(b) and 138(2) licensee's'
sections 82(1), 101(1), 101(5), `the licensee's' `the lottery
102(1), 103(2), 104(1), 104(3), operator's'
125(1), 125A and 138(1)(b)(i)
schedule 3, definition closure
sections 88(3), 89(1), 89(4), 100(1), `the licensee' `the lottery
103(3), 103(7)(b)(ii), 104(1), operator'
116(1), 118(1), 118(3), 119(2)(d),
125(1)(a), 125A, 128(2), 130(1),
130(4), 130(5), 130(7), 133(1),
137(1), 137(2), 137(3), 138(1),
139(1)(a), 139(3) and 150(2)
schedule 3, definition related
agreement
section 128(3) `The licensee' `The lottery
operator'
section 123 heading `licensee' `lottery operator'
sections 100(1), 101(2)(a) and `lottery licence' `lottery operator's
158(b) licence'
schedule 3, definition approved
lottery
53
Lotteries Amendment Bill 2007
Schedule 2 Amendments of other 1
legislation 2
section 67 3
Commercial and Consumer Tribunal Act 2003 4
1 Schedule 2, definition empowering Act-- 5
insert-- 6
`· Lotteries Act 1997'. 7
Government Owned Corporations Regulation 2004 8
1 Schedule 2, `Golden Casket Lottery Corporation Limited 9
ACN 078 785 449'-- 10
omit. 11
Interactive Gambling (Player Protection) Act 1998 12
1 Section 6(2)(d), `lottery licence'-- 13
omit, insert-- 14
`lottery operator's licence'. 15
54
Lotteries Amendment Bill 2007
Schedule 2 (continued)
Wagering Act 1998 1
1 Section 310(4), definition licensed entity, paragraph (e), 2
`lottery licensee'-- 3
omit, insert-- 4
`lottery operator'. 5
© State of Queensland 2007
AMENDMENTS TO BILL
1
Lotteries Amendment Bill 2007
Lotteries Amendment Bill 2007
Amendments agreed to during Consideration
1 Clause 50 (Insertion of new ss 131A and 131B)
At page 28, line 26, `consolidated fund'--
omit, insert--
`Treasurer's unclaimed moneys fund'.
2 Clause 50 (Insertion of new ss 131A and 131B)
At page 29, line 15, `consolidated fund'--
omit, insert--
`Treasurer's unclaimed moneys fund'.
3 Clause 50 (Insertion of new ss 131A and 131B)
At page 29, line 16, `consolidated fund'--
omit, insert--
`Treasurer's unclaimed moneys fund'.
4 Clause 50 (Insertion of new ss 131A and 131B)
At page 29, lines 21 and 22, from `must pay' to `further
appropriation'--
omit, insert--
`must--
(a) pay the amount from the Treasurer's unclaimed moneys
fund; or
(b) if the amount has been paid into the consolidated fund
under the Financial Administration and Audit Act 1977,
section 46(3), pay the amount from the consolidated
fund without further appropriation'.
2
Lotteries Amendment Bill 2007
5 Clause 50 (Insertion of new ss 131A and 131B)
At page 29, after line 25--
insert--
`Treasurer's unclaimed moneys fund means the fund by that
name kept under the Financial Administration and Audit Act
1977, section 46.'.
6 Clause 63 (Insertion of new pt 12, div 6)
At page 45, lines 1 and 2, `into, and out of, the consolidated
fund'--
omit.
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