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Lotteries Legislation Amendment Bill 2007
Lotteries Amendment Bill 2007
Explanatory Notes
General Outline
Policy Objectives
The Bill will amend the Lotteries Act 1997 to facilitate the implementation
of a new licensing model for the operation of lotteries in Queensland.
The Bill will also enable a transaction to achieve the transfer of Golden
Casket Lottery Corporation Limited (GCLC) business operations to a non-
government entity while retaining State ownership of the lottery licence
and key GCLC intellectual property.
Reasons for the Bill
Legislation is required to facilitate the implementation of a new licensing
model for the operation of lotteries in Queensland to ensure that consumers
continue to benefit from access to modern and efficient products and
processes, while government continues to protect consumers through
careful monitoring of the integrity of industry operations and the probity of
persons providing gambling activities.
The Bill also enables a transaction to achieve the transfer of the GCLC
business operations to a non-government entity while retaining State
ownership of the lottery licence and key GCLC intellectual property. This
will ensure GCLC continues to be viable in an increasingly competitive
environment and Queensland continues to benefit from GCLC's
contributions as a dynamic Queensland business.
Achievement of the Objectives
The Lotteries Act 1997 will be amended to introduce a two tier licensing
regime where a lottery licensee conducts a lottery through entering into an
agreement with a licensed lottery operator.
The scheme introduces the concept of a primary licence being either a
lottery licence or lottery operator's licence. Both primary licence types are
granted by the Minister after consideration of the applicant's suitability
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Lotteries Legislation Amendment Bill 2007
thus ensuring the high standards of integrity in the conduct of lotteries and
probity of persons involved in the industry are maintained. In particular, a
lottery licensee must meet existing standards of appropriate character,
financial position and background, access to resources and business ability,
as well as a new requirement that they have the ability to enter and manage
a lottery operator's agreement. A lottery operator must also meet standards
of appropriate character, financial position and background, access to
resources and business ability as well as having the appropriate business
ability to conduct lotteries.
The conduct of the lottery essentially occurs under the authority of both the
lottery licence and lottery operator's licence. Each of these licences may
contain conditions to ensure the proper conduct of lotteries and to protect
the public interest. Also, prior to conducting a lottery, the lottery licensee
and the lottery operator must enter into a lottery operation agreement
approved by the Minister.
The Bill will facilitate the transaction of transferring the GCLC business
operations to a non-government entity while retaining State ownership of
the lottery licence and key GCLC intellectual property. Importantly, the
Bill also includes a number of mandatory requirements to be contained in
GCLC's constitution. These include a requirement that the head office of
the lottery operator including principal operational offices for key
personnel and company services will be based in Queensland.
Consequently, GCLC will retain its connection with Queensland and
continue to be a vibrant contributor to the Queensland economy
In a practical sense, the operational aspects for the conduct of lotteries will
now be the responsibility of GCLC as the lottery operator rather than as the
lottery licensee. The changing status of GCLC is designed to allow them to
operate more flexibly to respond to rapid changes in the highly competitive
gambling environment.
Transitional provisions are designed to ensure continuity of operations by
GCLC and there should be no break in their delivery of lottery products
despite their changing status from lottery licensee to lottery operator.
Importantly, obligations to pay prizes and taxes and existing approvals,
directions and agreements (including agreements with agents and
involvement in foreign arrangements) will transfer with GCLC in their new
role as lottery operator.
The Bill also introduces joint and several liability provisions for any unpaid
taxes, fees or related penalties for both the lottery operator and any holding
company. This is an important amendment that recognises the reality of
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Lotteries Legislation Amendment Bill 2007
accountability in a corporate world where ownership, control or influence
of a corporation may rest outside of the corporation itself.
The Bill also makes minor consequential amendments to the Interactive
Gambling (Player Protection) Act 1998 and Wagering Act 1998.
Alternatives to the Bill
The policy objectives can only be achieved by legislative enactment.
Estimated Cost for Government Implementation
Implementation costs are not expected to be significant.
Consistency with Fundamental Legislative Principles
Aspects of the Bill which raise possible fundamental legislative principle
issues are outlined below.
The proposed amendment to section 24 indicates that a breach of a lottery
operation agreement by any party to the agreement is now a ground for
commencing show cause action to cancel or suspend a primary licensee's
licence. This could mean a licensee is called on to show cause through no
default on their part. This approach is justified because of the fundamental
role of the lottery operation agreement in the new licensing regime.
Effective management of the agreement by all parties is critical to ensuring
appropriate conduct of lotteries. Failure to monitor the conduct of other
parties to the agreement could expose the conduct of lotteries to possible
integrity breaches and would be contrary to the public interest.
The Bill also amends schedule 1 to ensure that neither a decision to omit a
lottery stated in a primary licence under section 32, nor the decision to
grant or refuse an application for approval of a proposed lottery operation
agreement or amendment of a lottery operation agreement under section
39C, is subject to appeal. These are respectively decisions of the Governor
in Council and Minister and are consistent with other decisions of the
Governor in Council and Minister contained in the schedule and which
relate directly to meeting community expectations about the conduct and
integrity of lottery operations and suitability of those involved.
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Lotteries Legislation Amendment Bill 2007
Consultation
Representatives of GCLC have been consulted on a number of aspects of
the Bill. However, due to the market sensitivity of the proposed
transaction, consultation on the Bill has been limited.
The Department of Premier and Cabinet, Queensland Office of Gaming
Regulation (Queensland Treasury), Commercial Counsel (Queensland
Treasury), Economic and Inter-Governmental Relations Branch
(Queensland Treasury) and Office of the Queensland Parliamentary
Counsel were also consulted.
Independent legal, accounting and financial advice was also sought
regarding the drafting of this Bill.
Notes on Provisions
Part 1 Preliminary
Clause 1 sets out the short title of the Act as the Lotteries Amendment Act
2007.
Clause 2 provides that the Act will commence on a day to be fixed by
proclamation.
Part 2 Amendment of Lotteries Act
1997
Clause 3 provides that part 2 and schedule 1 amend the Lotteries Act 1997.
Schedule 1 outlines multiple sections throughout the Act which are
amended by replacing references to lottery licensee or licensee in various
forms, with references to primary licensee or lottery operator as
appropriate to capture the division of obligations under the new licensing
scheme.
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Lotteries Legislation Amendment Bill 2007
Clause 4 inserts a new section 2B which provides an explanation of the new
licensing scheme. In particular, a lottery may only be conducted if a person
holds a lottery licence for the lottery and another person holds a lottery
operator's licence for the lottery and the lottery is conducted under a lottery
operation agreement between the two persons.
Clause 5 replaces the part 2, division 2 heading to read `Requirement for
lottery to be authorised by lottery licence and lottery operator's licence'.
Clause 6 amends the definition of approved arrangement in section 7 by
including the words `under this Act'. This change in conjunction with the
change from `lottery licensee' to `primary licensee' contained in schedule
1, is designed to allow a lottery operator to enter into approved
arrangements with operators in other jurisdictions including participants in
the existing "bloc agreement". This benefits Queensland players in terms
of available prize pools.
Clause 7 amends section 8 to ensure that the activities of lottery licensees
and lottery operators performed in accordance with the Act are lawful.
Clause 8 inserts a new part 2A heading `Primary licences'. This clause
also inserts division 1 for part 2A. Division 1 clarifies that a lottery
licensee and lottery operator must be separate persons. However, there is
no prohibition on related bodies corporate holding both types of licence.
For example, a parent entity could hold a lottery licence while a subsidiary
holds a lottery operator licence. Also this division describes the conduct
authorised by the different primary licence types.
Clause 9 replaces the part 2A division 3 heading to read `Division 2 Issuing
and amending primary licences'.
Clause 10 amends section 9 by inserting a requirement that applications to
the Minister for a primary licence must specify the type of licence being
applied for. This clause also removes a reference to `for a lottery licensee'
in section 9(4) to ensure the Minister has the power to require further
information to assist in deciding both types of primary licence application.
Clause 11 amends section 11 by replacing subsection (1) so the Minister
can only grant a primary licence when satisfied the applicant and the
applicant's business and executive associates are suitable persons. This
change aims to ensure the high standards of probity applied to licensees
and their associates also apply to lottery operators under the new scheme.
Without limiting the matters the Minister may take into account, this clause
also recognizes that the Minister may have regard to the terms in existing
primary licences and related commercial arrangements, when considering
applications for a primary licence.
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Lotteries Legislation Amendment Bill 2007
Clause 12 amends section 12 by replacing `is a suitable person to hold a
lottery licence' with `or lottery operator's licence is a suitable person to
hold a licence of that type'. This change is designed to ensure that
character or business reputation, financial position and background,
ownership, trust or corporate structure arrangements and resources are
matters the Minister may have regard to when considering the suitability of
both types of primary licence applicants. In addition, this clause includes
specific matters relevant to the suitability of a lottery licensee, namely
whether they have the appropriate business ability to enter into and manage
a lottery operation agreement. Also, this clause links a lottery operator
applicant's suitability to whether they have the business ability to conduct
lotteries successfully. The extent to which a primary licence applicant has
negotiated a lottery operation agreement is a further matter the Minister
may have regard to when considering the applicant's suitability. This clause
also replaces `lottery licence' in the definition of `appropriate resources'
with `licence of the type to which the application relates'.
Clause 13 amends section 13 by replacing `a lottery licensee's operations'
with `the operations of the holder of a licence of the relevant type' so the
requirements for suitability of business and executive associates apply to
both types of primary licence applicant.
Clause 14 replaces section 14(1) and amends section 14(2) to extend the
chief executive's role in assisting the Minister by investigating the
suitability of applicants and their business and executive associates to both
types of primary licence.
Clause 15 replaces section 15(1) to ensure that, upon granting an
application for a primary licence, the Minister promptly issues the
appropriate type of licence.
Clause 16 amends section 17 so the approved form for a primary licence
application includes the licensee's name and the type of licence.
Clause 17 inserts a new section 17A which allows the Minister to omit a
lottery from a primary licence with the primary licensee's written approval
or requires the Minister to omit a lottery at the primary licensee's written
request.
Clause 18 amends section 18 by replacing `by the lottery licensee' in
subsection (1) with `stated in the licence'. This clause also omits section
18(2) and renumbers the remaining subsections.
Clause 19 inserts new sections 18A to 18C. These provisions require the
Minister to, unless the amendment is omitting a lottery from the licence
under section 17A or changing conditions of the licence under section 18,
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Lotteries Legislation Amendment Bill 2007
obtain the written approval of a primary licensee before amending a
licence. Also, these sections clarify when amendments to licences take
effect and requires the Minister to, prior to the amendment taking effect,
notify amendments to each person in a lottery operation agreement with the
licensee.
Clause 20 amends section 19 including the section heading to ensure the
primary licensee returns the licence and amendments are endorsed on the
licence or the licence is replaced. This clause also clarifies that the
amendment takes effect at the time indicated in the notice issued under
section 18B regardless of when the amended or replaced licence is issued.
Clause 21 omits section 20.
Clause 22 replaces the part 2A division 4 heading to read `Division 3
General provisions about primary licences'.
Clause 23 amends section 22 by replacing subsection (3) and references to
lottery licence in various forms in section 22(4) to extend the existing
requirements relating to mortgaging and assigning lottery licenses to apply
to both types of primary licences. Also, this clause inserts a new
subsection to require a person intending to transfer a primary licence to
give written notice about the proposed transfer to other persons with whom
they have a lottery operation agreement.
Clause 24 inserts a new subsection in section 23 so a primary licensee
intending to surrender a primary licence must give written notice of the
proposed surrender to each other person with whom they have a lottery
operation agreement.
Clause 25 inserts a new part 2A division 4 about obligations to act under
primary licences. These provisions emphasize that, unless the Minister
temporarily excuses non-activity, primary licensees have an obligation to
promptly and actively undertake the activities authorised by the licence
including entering into a lottery operation agreement and conducting each
lottery.
Clause 26 replaces the part 2A, division 5 heading to read `Division 5
Suspension or cancellation of primary licences and omission of lotteries
from primary licences'.
Clause 27 amends section 24 by replacing section 24(1)(a) and (b) and
replacing references to `lottery licence' and `a lottery licensee's operations'
so the grounds for suspension or cancellation of a lottery licence apply to
both types of primary licence. This clause also includes a breach of a
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Lotteries Legislation Amendment Bill 2007
lottery operation agreement by either party as a further ground for
cancellation or suspension of a primary licence.
Clause 28 inserts a new section 24A to allow a primary licence to be
amended to omit a lottery from the licence if the licensee has failed in the
obligation to act under part 2A, division 4.
Clause 29 replaces `by the lottery licensee ` in section 25(1)(c)(i) with
`stated in the licence'.This clause also inserts section 25(2) so the show
cause notice provisions also apply where the Minister believes the ground
for omitting a lottery from a licence exists.
Clause 30 amends section 26 to clarify that all parties to lottery operation
agreements are interested persons for the purpose of requiring the Minister
to notify them of show cause action against another party to the agreement.
Clause 31 replaces the phrase `by the lottery licensee' in section 28 with
`stated in the licence' to ensure the criteria and process for the Minister to
immediately suspend a lottery licence applies to both types of primary
licence. This clause also inserts a subsection requiring the Minister to give
a copy of the suspension notice to each other person with whom the
licensee has a lottery operation agreement.
Clause 32 replaces the phrase `by the lottery licensee' in section 31 with
`stated in the licence' and inserting a subsection so the requirements about
notice by the Minister also apply when the Minister believes the ground
exists to omit a lottery from a primary licence.
Clause 33 amends section 32 by inserting a reference to `amendment' in
the section heading and inserting section 32(1)(c) relating to amending the
primary licence by omitting a lottery. Also, this clause replaces references
to `lottery licensee' to clarify that the Minister must notify each other
person in a lottery operation agreement with the licensee about a decision
to suspend or cancel the licence or appoint an administrator or omit a
lottery from the licence.
Clause 34 inserts a new section 32A to require a primary licensee whose
licence has had a lottery omitted under section 32(1)(c) to return the
licence at the Minister's request. Also this clause requires the Minister to
amend or replace the licence as appropriate and return the licence to the
primary licensee. This clause also clarifies that the amendment takes effect
under section 32(3) regardless of when the primary licence is endorsed.
Clause 35 replaces `lottery licensee' in section 34(2) to clarify the
Minister's obligation to give notice regarding a licence suspension to all
persons in a lottery operation agreement with the licensee.
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Lotteries Legislation Amendment Bill 2007
Clause 36 replaces various references to `lottery licence' and `a lottery
licensee's operations' in section 36 so the provision applies to both types of
primary licence holder.
Clause 37 inserts a new Part 2B to define "lottery operation agreement"
and who may be party to a lottery operation agreement and outline the
process for approval of these agreements. Also, this clause clarifies that a
lottery operation agreement or any amendment to that agreement has no
effect unless it is approved by the Minister. This clause also requires each
party to a lottery operation agreement to notify the Minister if an
agreement ends. This clause also indicates that a lottery licensee may enter
into 1 or more lottery operator agreements with multiple lottery operators.
However, the lottery licensee may not be in more than 1 lottery operation
agreement with the same lottery operator. Also, a lottery operator may not
simultaneously be in an agreement with another lottery licensee.
Clause 38 amends section 40 to expand the meaning of key employees to
include relevant employees of both types of primary licensees.
Clause 39 amends section 41 by replacing the phrase `conduct of a lottery'
with `primary licensee's operations'.
Clause 40 amends section 60(4)(b) by replacing ` by the lottery licensee'
with `stated in the primary licence'.
Clause 41 amends section 79 by omitting the requirement that an agency
agreement must be in a form approved by the chief executive. As well as
renumbering some subsections, this clause replaces section 79(4) and
inserts a new subsection (5) and (6). These subsections allow the chief
executive to, by written notice, require the lottery operator and the lottery
operator's agent to amend an agency agreement in a stated way to ensure
the integrity of the conduct of lotteries by the operator is not jeopardized in
a material way or the public interest is not affected adversely in a material
way. The written notice must specify the amendment, the reason for the
amendment, a timeframe for amending the agency agreement and that there
is an opportunity to appeal to the Gaming Commission.
Clause 42 omits sections 80 and 81.
Clause 43 amends section 82 to require a lottery operator's return about the
lottery operator's agents to list the current agents and the agents' places of
operation.
Clause 44 inserts a new section 97A which recognises joint and several
liability for any unpaid taxes, fees or related penalties for both the lottery
operator and any holding company. This change aims to protect state
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Lotteries Legislation Amendment Bill 2007
revenue by making all entities in a position to influence or control of the
lottery operator responsible for meeting the taxation and fee related
obligations.
Clause 45 inserts a new section 104A to ensure requirements about keeping
lottery records continue to apply even if the lottery operator stops being a
lottery operator. This clause enables the chief executive to ensure
appropriate records are still accessible for a variety of purposes including,
for example, investigations by the chief executive into claims for prizes
under section 132AA.
Clause 46 amends section 107 by inserting a requirement that records in
respect of lottery prizes that have been paid out be kept for a period of five
years from the day after the prize is paid out, or five years from the day
after the last installment of the prize is paid.
Clause 47 amends section 116 by inserting the phrase `or lottery operation
agreement' in section 116(2) to exclude lottery operation agreements from
being classified as ancillary lottery agreements.
Clause 48 inserts a new section 121A requiring lottery operators to make a
copy of the rules for each lottery available for public inspection at the
lottery operator's public office during ordinary office hours. This clause
also requires the lottery operator to provide each of their lottery agents a
copy of the rules for each lottery for which the agent does anything under
the agency agreement.
Clause 49 amends section 129 allowing a participant to claim a prize until
the prize is paid, or if it is unpaid, until the end of 7 years after the lottery
closed. This change removes the previous 3 year period that applied to
some lotteries.
Clause 50 inserts new sections 131A and 131B. These sections require the
lottery operator to pay unclaimed major prizes (being at least $500,000 in
value) to the chief executive 3 months after the closure of the lottery. In
turn, the chief executive must deposit the amount in the consolidated fund.
Importantly, if a participant makes a successful claim for a prize to the
lottery operator, the chief executive, upon being requested, must repay the
amount to the lottery operator.
Also, this amendment requires other unclaimed prizes that have not
otherwise been used in an approved way to be paid to the chief executive
after the expiration of the 7 year payment period. Again the chief executive
must deposit the amount in the consolidated fund. In combination, these
sections remove any benefit to lottery operators from retaining unclaimed
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Lotteries Legislation Amendment Bill 2007
prizes and thereby encourage lottery operators to use prizes for the benefit
of lottery players.
Clause 51 inserts a new clause 132AA to require a person who stops being
a lottery operator to pay unclaimed prize money that has not otherwise
been used in an approved way and other prizes to the chief executive.
Further, the chief executive may issue a notice, based on advice of an
actuary, seeking payment of likely claims for unclaimed prizes used under
section 132. The chief executive's decision may be appealed by the former
lottery operator to the Commercial and Consumer Tribunal. In
combination, these amendments are designed allow the chief executive to
facilitate claims for monetary and non-monetary prizes where possible and
appropriate. However, if the lottery operator does not pay the amount for
that specific prize to the chief executive, the chief executive does not have
any obligation to pay the prize to a claimant.
Clause 52 amends section 132A by replacing `and 132' with `to 132AA'.
Clause 53 amends section 147 by replacing the definition of `prospective
lottery licensee' with a definition of `prospective primary licensee'.
Clause 54 amends section 181A by inserting `or lottery operator' after
references to `lottery licensee' and `the licensee'. This amendment is
designed to ensure an inspector is able to make directions to either type of
primary licensee to ensure the lottery is conducted in a way that does not
jeopardize the integrity of the conduct of the approved lottery.
Clause 55 amends section 185 to reflect the document production
requirements appropriate to the lottery licensee, lottery operator or lottery
agent under the new scheme.
Clause 56 amends section 188(2)(c) by replacing the reference to `a lottery
agent appointed by the licensee' with `if the licensee is a lottery operator
a lottery agent appointed by the lottery operator'.
Clause 57 amends section 193(1)(b)(i) by replacing `by the lottery
licensee' with `stated in the primary licence' to ensure the Minister can
direct a lottery operator to stop or change a management practice believed
to compromise the proper standards of integrity in the conduct of the
approved lottery.
Clause 58 amends the definition of `licence' in section 206(2) to include
`lottery operator's licence'.
Clause 59 amends section 218 by inserting a provision to allow a former
lottery operator receiving a notice under section 132AA(4)(b) to apply to
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Lotteries Legislation Amendment Bill 2007
the Commercial and Consumer Tribunal for a review of a decision made
under section 132AA(4)(a).
Clause 60 amends section 220 by clarifying that an appeal under the
section is to the Gaming Commission.
Clause 61 amends section 225A to allow GCLC's exemption from the
application of the Freedom of Information Act 1992 to continue to apply to
activities that occur up to the time GCLC stops being a GOC. Information
generated or gathered by GCLC through its commercial activities and
community service obligations whilst a GOC will remain exempt.
Clause 62 inserts new Part 11A to enable the transaction involving GCLC
to take place to ensure an effective transition to the new regime. In effect
this new part revokes GCLC's status as a government owned corporation,
allows and co-ordinates the transfer of shares in GCLC to a non-
government entity, the surrender of GCLC's current lottery licence and the
issue of a new lottery licence to a state owned corporation, the issue of a
lottery operator's licence to GCLC along with deemed approval of a lottery
operator's agreement between the state owned corporation and GCLC and
for both entities to start operating in their roles. This part gives the
Minister the powers necessary to execute the transfer of shares in GCLC on
behalf of the State. Importantly, to ensure a seamless transition to the new
scheme, the surrender of GCLC's existing lottery licence occurs on the
commencement day and corresponds with the moment in time the new
lottery licence and lottery operator licence are issued. This clause also
clarifies that GCLC is continuously authorized to conduct lotteries in
Queensland notwithstanding the change in licences. All of these
provisions are designed to ensure there is continuity in GCLC's ability to
conduct lotteries and there is no gap between holding the existing lottery
licence and being issued the new lottery operator licence.
This clause also recognises that both primary licences are subject to the
same accountabilities and restrictions which apply to the current lottery
licensee. This provision is designed to ensure the Minister's ongoing
ability to set, monitor and maintain standards to protect consumers, ensure
the integrity of the operations and probity of persons involved.
This clause also contains a number of mandatory constitutional
requirements for GCLC companies. These include provisions requiring the
constitution of GCLC to require that the company's head office be located
in Queensland, including principal operational offices for key company
personnel and services to be located in Queensland. Inconsistent
alterations to the GCLC companies' constitution, including resolutions so
that GCLC's constitution ceases to have effect, are deemed to have no
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Lotteries Legislation Amendment Bill 2007
effect. Any efforts towards undermining these provisions enable the
Minister to seek an injunction. These requirements are designed to ensure
that GCLC maintains a connection to Queensland.
This clause also explains the powers and jurisdiction of the Supreme Court
and Minister's ability to delegate the power to apply to the Supreme Court
to the chief executive if injunctions are sought.
Finally this clause clarifies that, for the purpose of show cause action
because of a breach of a head office provision contained in a lottery
operation agreement, criteria relating to whether the integrity of the
conduct of lotteries will be jeopardised or the public interested will be
adversely affected in a material way do not apply.
Clause 63 inserts a new division 6 to part 12, outlining the transitional
matters necessary to ensure continuity of lottery operations as the new
model is implemented. In particular, documents (including documents
relating to foreign arrangements, agreements, key person licences and
control systems), taxation, fee and record obligations, prize paying
obligations and directions issued by the Minister or an inspector that were
applicable to GCLC prior to the commencement of the new scheme
continue to apply to GCLC in their role as lottery operator. This clause
also identifies that sections 131A, 131B and 132AA do not apply to
lotteries that closed before the commencement day.
Clause 64 amends schedule 1 by inserting references to sections 32 and
39C so that neither a decision to omit a lottery stated in a primary licence
nor the decision to grant or refuse an application for approval of a proposed
lottery operation agreement or amendment of a lottery operation agreement
is subject to appeal. This amendment is designed to reflect the Governor in
Council's and Minister's absolute discretion when making these decisions,
and is consistent to other decisions which relate directly to meeting
community expectations about the integrity of lottery operations and
suitability of those involved.
Clause 65 amends schedule 2 by inserting references to section 79 so that
the chief executive's decision requiring amendment of an agency
agreement may be subject to appeal to the Gaming Commission.
Clause 66 amends schedule 3 by omitting the definition of `lottery licence'
and `show cause period' and inserting definitions for `commencement
day', `constitution', `current lottery licence', `GCLC', `GCLC company',
`lottery licence', `lottery operator', `lottery operation agreement', `lottery
operator's licence', `mandatory constitutional requirements', `primary
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Lotteries Legislation Amendment Bill 2007
licence', `primary licensee', `share', `show cause period', `State company',
`subsidiary', and `transaction'.
This clause also makes minor corrections to the definitions of `accepted
representations' and `executive associate of an applicant for a lottery
licensee'. Also, the definition of `official lottery document' is expanded to
include a `lottery operator's licence' and the definition of `related
agreement' is clarified to ensure it does not apply to a lottery operation
agreement. Finally, the cross-references to sections in the definition of
`show cause notice' are updated.
Part 3 Amendments to other Acts
Clause 67 refers to schedule 2 which outlines consequential amendments in
the Interactive Gambling (Player Protection) Act 1998 and Wagering Act
1998.
Schedule 1 Amendments of Lotteries Act 1997 to
change references to `lottery
licensee' and related terms
Schedule 1 replaces references that occur multiple times throughout the
Act with the terms that reflect the appropriate roles under the new scheme.
In particular the tables indicate numerous sections where: `lottery licence'
is to be replaced by `primary licence', `lottery licence' is to be replaced by
`primary licence', `Lottery licence' is to be replaced by `Primary licence',
`lottery licensee' is to be replaced by `primary licensee', `lottery licensee'
is to be replaced by `primary licensee', `lottery licensees' is to be replaced
by `primary licensees', `lottery licensee's' is to be replaced by `primary
licensee's', `lottery licensees and agents' is to be replaced by `primary
licensees and lottery agents', `lottery licensee or agent' is to be replaced by
`primary licensee or lottery agent', `lottery licensee's or agent's' is to be
replaced by `primary licensee's or lottery agent's', `lottery licensee' is to be
replaced by `lottery operator', `lottery licensee' is to be replaced by `lottery
operator', Lottery licensee' is to be replaced by `Lottery operator', `lottery
licensees' is to be replaced by `lottery operators', `lottery licensees' is to be
replaced by `lottery operators', `lottery licensee's' is to be replaced with
`lottery operator's', `the licensee's' is to be replaced by `the lottery
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Lotteries Legislation Amendment Bill 2007
operator's', `the licensee' is to be replaced by `the lottery operator', `The
licensee' is to be replaced by `The lottery operator', `licensee' is to be
replaced with `lottery operator', and `lottery licence' is to be replaced with
`lottery operator's licence'
Schedule 2 Amendments of other Acts
Schedule 2 amends the schedule in the Commercial and Consumer
Tribunal Act 2003 to include the Lotteries Act 1997.
Also, this schedule amends the Government Owned Corporation
Regulation 2004 to omit the reference to Golden Casket Lottery
Corporation Limited as a company government owned corporation.
Also, this schedule amends section 6(2)(d) of the Interactive Gambling
(Player Protection) Act 1998 by replacing `lottery licence' with `lottery
operator's licence'.
Also, this schedule amends section 310(4)(e) of the Wagering Act 1998 by
replacing `lottery licensee' with `lottery operator'.
© State of Queensland 2007