Division 1 Provision of information to Minister
52 Licensees and agents to inform Minister of changed circumstances
(1) If a change of a kind prescribed by the regulations occurs in the circumstances that existed in relation to a licensee at the time the licensee was granted the licence or in relation to an agent at the time the agent was appointed or approved:(a) the licensee, in the case of a change that relates to the licensee, or(b) the agent, in the case of a change that relates to the agent,must notify the Minister in writing, not later than 14 days after the change occurs, of the particulars relating to the change that the regulations prescribe.(2) Despite subsection (1), if the licensee or the agent is not aware, and could not reasonably be expected to be aware, of a relevant change at the time it occurs, the licensee or agent (as the case may be) must notify the Minister in writing not later than 14 days after becoming aware of the change.Maximum penalty: 20 penalty units.
53 Minister may require information relating to licensees and agents
(1) The Minister may, by notice in writing, require a licensee or agent or a person who, in the opinion of the Minister, has a direct or indirect association with a licensee or agent:(a) to provide the Minister or an inspector, in accordance with directions in the notice, with the information relevant to the licensee or agent or that association (or relevant to any matter prescribed by the regulations) that is specified in the notice, or(b) to produce to the Minister or an inspector, in accordance with directions in the notice, the documents relevant to the licensee or agent or that association (or relevant to any matter prescribed by the regulations) that are specified in the notice and to permit examination of the documents and the taking of extracts from, and the making of copies of, them, or(c) to attend before the Minister or an inspector for examination in relation to any matters relevant to the licensee or agent or that association (or relevant to any matter prescribed by the regulations) and to answer any question relating to those matters.A licensee, agent or person who fails to comply with a requirement of a notice is guilty of an offence.
Maximum penalty: 50 penalty units.
(2) A natural person is not excused from complying with a notice under this section on the ground that compliance might tend to incriminate the person. However, if the person claims, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than proceedings under this Act.(3) If documents are produced under this section, the Minister or inspector to whom they are produced may retain possession of them for a reasonable period so that they may be examined and extracts taken from, or copies made of, them.(4) The Minister or inspector must permit inspection of the documents, at any reasonable time during which they are retained under this section, by a person who would be entitled to inspect them if they were not in the possession of the Minister or inspector.(5) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
54 Minister may require person to provide particulars concerning key employees
The Minister may, by notice in writing served on a person, require the person to provide the Minister, within a reasonable time specified in the notice, with the following:(a) the names of all persons who are key employees of the person,(b) the positions held by, and the duties of, those employees,(c) any other relevant particulars relating to those employees as are specified in the notice.A person who fails to comply with a requirement of a notice is guilty of an offence.
Maximum penalty: 50 penalty units.
55 Minister may require key employees to provide information
(1) The Minister may, by notice in writing served on a key employee, require the key employee:(a) to consent, in accordance with directions in the notice, to having his or her photograph, finger prints and palm prints taken, and(b) to provide, in accordance with directions in the notice, the information (verified by statutory declaration) relevant to the key employee that is specified in the notice, and(c) to produce, in accordance with directions in the notice, the documents relevant to the key employee that are specified in the notice and to permit examination of the documents and the taking of extracts from, and the making of copies of, them, and(d) to furnish the authorities and consent that the Minister may require for the purpose of obtaining further information (including financial and other confidential information) from other persons and institutions.(2) The Minister is to refer to the Commissioner of Police copies of photographs, finger prints and palm prints obtained in respect of a key employee under this section and with any supporting information that the Minister considers should be referred to the Commissioner.(3) The Commissioner of Police is to inquire into, and report to the Minister on, any matters concerning the key employee that the Minister may request.(4) A key employee is not excused from complying with a notice under this section on the ground that compliance might tend to incriminate the employee. However, if the employee claims, before complying with the notice, that compliance might tend to incriminate the employee, information provided in compliance with the notice is not admissible in evidence against the employee in any criminal proceedings other than proceedings under this Act.(5) A key employee who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
56 Failure of key employee to provide required information
(1) The Minister may, if a key employee refuses or fails to comply with a requirement of a notice served on the key employee under section 55, by notice in writing, direct:(a) the licensee, or(b) any other appropriate person,to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee or other person.(2) A person who does not give effect to a direction given to the person under this section is guilty of an offence.Maximum penalty: 100 penalty units.
57 Power to terminate employment of key employee at Minister’s direction
(1) This section applies in respect of a direction given by the Minister under this Division or Division 2 to an employer to terminate the employment of a key employee or the other arrangement by reason of which a key employee is a key employee of the employer.(2) It is taken to be a condition of any agreement or other arrangement entered into between an employer and a key employee that the employer has the rights required to enable the employer to give effect to a direction to which this section applies.(3) The termination of an employment or arrangement in accordance with this section has effect despite any other Act or law, or any contract, award or enterprise or other agreement, and the State does not incur any liability because of such a termination.(4) In this section, employer means a licensee or other person to whom a direction to which this section applies is given.
58 Destruction of finger and palm prints of former key employees
(1) Any finger prints or palm prints obtained under this Division, and any copies of them, are to be destroyed as soon as the key employee from whom they were obtained is no longer a key employee.(2) A person:(a) who has possession of finger prints or palm prints obtained by the Minister under this Division, or copies of them, and(b) who fails to deliver them to the Minister, in accordance with the written directions of the Minister, to enable subsection (1) to be complied with,is guilty of an offence.Maximum penalty (subsection (2)): 20 penalty units.
Division 2 Directions by Minister
59 Prejudice to integrity of public lottery involving licensees or other persons
(1) The Minister may give a direction under this section if the Minister is of the opinion that the integrity or apparent integrity of a public lottery conducted by a licensee is likely to be seriously prejudiced because of:(a) any irregularity or alleged irregularity of any kind, or(b) the character or reputation of any person concerned in the management or supervision of the public lottery, or(c) any other fact or circumstance reported to the Minister.(2) The Minister may, for the purpose of avoiding the prejudice referred to in this section, by notice in writing, direct:(a) the licensee, or(b) any other person engaged, in whatever capacity, in the conduct of a public lottery on the licensee’s behalf,to take (or to refrain from taking) any action specified in the notice in relation to all or any specified public lottery conducted by the licensee.(3) A person who does not comply with a direction given to the person under this section is guilty of an offence.Maximum penalty: 50 penalty units.
60 Minister may direct licensee to terminate certain agency arrangements
(1) If a person who is an agent does not comply with a direction given to the person under section 59, the Minister may, by notice in writing, direct the licensee by whom the person is engaged to terminate, within a time specified in the notice, the arrangement under which the person is appointed as the agent of the licensee.(2) A licensee who does not comply with a notice given to the licensee under this section is guilty of an offence.Maximum penalty: 50 penalty units.
(3) It is taken to be a condition of any arrangement entered into between a licensee and an agent that the licensee has the rights required to enable the licensee to give effect to a direction to which this section applies.(4) The termination of an arrangement in accordance with this section has effect despite any other Act or law and neither the State nor the Minister incurs any liability by reason of that termination.
61 Prejudice to integrity of public lottery involving key employee
(1) The Minister may give a direction under this section if the Minister is of the opinion that the integrity or apparent integrity of a public lottery conducted by a licensee is likely to be seriously prejudiced because of:(a) the criminal record of a key employee, or(b) the character or reputation of a key employee.(2) The Minister may, by notice in writing, direct:(a) the licensee, or(b) any other appropriate person,to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee or other person.(3) A person who does not comply with a direction given to the person under this section is guilty of an offence.Maximum penalty (subsection (3)): 50 penalty units.
In this Division:contract includes any kind of agreement or arrangement.
controlled contract means:
(a) a contract that relates wholly or partly to the supply of goods or services to a licensee or agent in connection with the conduct of a public lottery and that is:(i) for the purchase or servicing, or purchase and servicing, of any device or equipment used in connection with the conduct of the public lottery or the security arrangements in relation to the conduct of the public lottery, or(ii) for a total consideration that exceeds $100,000 per annum, or(iii) a contract, or a contract of a class, the Minister has specified in the conditions of the licence because it involves the public interest, or(b) a contract of a class that is prescribed by the regulations as a controlled contract for the purposes of this definition,but does not include an exempt contract.exempt contract means:
(a) a contract that relates solely to the construction or alteration of premises used or to be used by a licensee or agent in connection with the conduct of a public lottery, or(b) a contract of a class that is prescribed by the regulations as exempt from the definition of controlled contract.
63 Notice of proposed controlled contracts or variations of controlled contracts to be given
(1) This section applies only to controlled contracts that the conditions of a licence or the regulations require to be notified to the Minister and so applies in respect of:(a) such controlled contracts that are entered into after the commencement of this section, and(b) variations of such controlled contracts, whether the contracts were entered into before or after that commencement.(2) A licensee or agent must not enter into or become a party to a controlled contract, or the variation of a controlled contract, to which this section applies until the licensee or agent has given the Minister written notice of the details of the proposed contract or variation of contract that are specified in the conditions of a licence or prescribed by the regulations and the investigation time that the Minister is allowed by this section has elapsed.(3) The notice must be accompanied by the fee specified by the conditions of the licence or prescribed by the regulations.(4) The Minister may object to the proposed contract or variation of contract by notice in writing given to the licensee or agent during the investigation time that the Minister is allowed by this section, in which case the licensee or agent must not enter into or become a party to the contract or variation of contract.(5) The Minister is not required, despite any rule of law to the contrary, to give reasons for an objection made under subsection (4).(6) The Minister is allowed 28 days investigation time (starting from when the notice under subsection (2) is given to the Minister) but that time can be shortened or extended in a particular case by the Minister by notice in writing to the licensee or agent.(7) Investigation time is not to be extended unless the Minister is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other agencies) make the extension necessary or desirable and that public interest considerations justify the extension.(8) Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the notice was given to the Minister.(9) It is a condition of:(a) a licence that the licensee must comply with this section, or(b) the approval or appointment of an agent that the agent must comply with this section,but failure to comply with this section does not affect the validity of any contract or variation of contract.
64 Notice to show cause why controlled contract should not be terminated
(1) The Minister may serve on each party to a controlled contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that it is not in the public interest for the contract to remain in force.(2) The notice is to specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.(3) A party to the contract may, within the period specified in the notice, arrange with the Minister for the making of submissions as to why the contract should not be terminated.(4) The Minister may:(a) after considering any submissions so made, or(b) if no arrangements are made within the period specified in the notice, or no submissions are received in accordance with arrangements made,by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.(5) If a contract is not terminated as required by a notice, it is terminated by this Act as and from the expiration of the time specified in the notice for the termination of the contract.(6) This section applies to controlled contracts whether entered into before or after the commencement of this section.
If a contract is terminated in accordance with this Division:(a) the termination does not affect a right acquired, or a liability incurred, before the termination by a person who was a party to the contract, as a result of the performance before the termination of any obligation imposed by the contract, and(b) no liability for breach of contract is incurred by a person who was a party to the contract by reason only of that termination, and(c) neither the State nor the Minister incurs any liability by reason of that termination.
66 Parties to terminated contract must not give effect to it
A party to a contract terminated in accordance with this Division who gives further effect to the contract is guilty of an offence.Maximum penalty: 100 penalty units.
67 Parties to contract may be required to provide information
Section 53 (Minister may require information relating to licensees and agents) applies to a party to a controlled contract in the same way as it applies to a licensee.
(1) The Minister may appoint a person to investigate and report on matters and circumstances specified by the Minister relating to:(a) the conduct of any public lottery, or(b) a licensee or agent or a person who, in the opinion of the Minister, is an associate of a licensee or agent, or(c) a specified person who, or a specified class of persons that includes persons who, in the opinion of the Minister, could be in a position to exercise direct or indirect control over a licensee or agent, in relation to the conduct of a public lottery.(2) A person appointed to carry out an investigation may, for the purpose of the investigation, exercise:(a) the functions conferred by section 53 (Minister may require information relating to licensees and agents) on the Minister, and(b) any other functions of the Minister specified by the Minister in the instrument of appointment.(3) The exercise of functions under this section by a person other than the Minister has effect as if the functions had been exercised by the Minister.
(1) The Minister may appoint a public servant to be an inspector for the purposes of this Act.(2) A person is not eligible to be appointed as an inspector unless the person possesses the highest standard of integrity.(3) The question of whether a person possesses the highest standard of integrity is to be determined by the Minister.(4) For the purpose of making the determination, the Minister is to cause to be carried out all investigations and inquiries that the Minister considers proper and, in particular, is to obtain and consider a report from the Commissioner of Police in relation to any person being considered.(5) The Commissioner of Police is to furnish the report at the request of the Minister and may for the purpose of the report require a person to whom the report relates to consent to having his or her photograph, finger prints or palm prints taken.(6) If a person refuses or fails to comply with a request by the Commissioner, the person is not eligible to be appointed to a position as an inspector while the refusal or failure continues.(7) An inspector is, in the exercise of the inspector’s functions as an inspector, subject to the direction and control of the Minister.
70 Identification of inspectors
(1) An inspector is not authorised to exercise the functions of an inspector unless he or she is in possession of an identity card issued by the Minister.(2) If an inspector proposing to exercise the functions of an inspector fails to produce on demand his or her identity card, the inspector is not authorised to exercise those functions in relation to the person making the demand.
71 Right of inspectors to enter premises
(1) An inspector may, for the purpose of exercising functions under this Act or the regulations, at any reasonable time:(a) enter any part of the premises of a licensee, or(b) enter any part of the premises of an agent, or(c) enter any part of the premises of a person, not being a licensee, whom the inspector reasonably suspects of conducting a public lottery, or(d) enter any part of the premises of a person, not being an agent, whom the inspector reasonably suspects of receiving entries in a public lottery.(2) An inspector is not entitled to exercise the powers conferred by this section in relation to any part of any premises used for residential purposes, except:(a) with the consent of the occupier of the premises, or(b) under the authority conferred by a search warrant issued under section 72.(3) An inspector who enters premises under this section is not authorised to remain in the premises if, on the request of the licensee, agent or other occupier of the premises, the inspector does not show his or her identity card to the licensee, agent or other occupier.
(1) An inspector may apply to an authorised officer for the issue of a search warrant if the inspector believes on reasonable grounds that a provision of this Act or the regulations is being or has been contravened on any premises.(2) An authorised officer to whom any such application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant:(a) to enter the premises, and(b) to exercise any function of an inspector under this Act.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) In this section:authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
(1) An inspector may do any one or more of the following:(a) require any person whom the inspector reasonably suspects of being in possession or control of any documents that relate to, or that the inspector reasonably suspects relate to, the conduct of a public lottery to produce the documents for inspection and to answer questions or provide information relating to the documents,(b) make copies of, take extracts from and notes relating to, any documents,(c) require a licensee, agent or other person whom the inspector reasonably suspects of having possession or control of any device or equipment that is, or that appears to the inspector to be, used in relation to the conduct of a public lottery to produce the device or equipment for inspection and to answer questions or provide information relating to the device or equipment,(d) inspect and test any device or equipment in the possession or control of a licensee, agent or other person that is, or that appears to the inspector to be, used in relation to the conduct of a public lottery,(e) for the purpose of any such inspection or testing:(i) require the licensee, agent or other person to provide the inspector with any assistance that the inspector reasonably requires, or(ii) if practicable, remove the device or equipment to another place, for any time that is reasonably necessary for that purpose,(f) if the inspector considers it to be necessary to do so for the purpose of obtaining evidence of the commission of an offence—seize any document or any device or equipment inspected or tested under this subsection,(g) by notice in writing require any licensee, agent or other person concerned, in whatever capacity, in the conduct of a public lottery, to attend before the inspector at a specified time and place and answer questions, or provide information, with respect to the conduct of any public lottery,(h) call to his or her aid:(i) another inspector, or a police officer, if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions, or(ii) a person considered by the inspector to be competent for the purpose,(i) exercise any other functions prescribed by the regulations as functions of an inspector.(2) If an inspector seizes any document, device or equipment under this section, it may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which it may be tendered in evidence but only if, in the case of documents, the person from whom the documents were seized is provided, within a reasonable time after the seizure, with a copy of the documents certified by an inspector as a true copy.(3) Subsection (2) ceases to have effect in relation to anything seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.(4) A copy of documents provided under subsection (2) is, as evidence, of equal validity to the documents of which it is certified to be a true copy.(5) A person is not required by this section to answer a question that might incriminate the person.(6) A person has, while acting in aid of an inspector under this section, the functions of an inspector.
74 Offences relating to inspectors
(1) A person who:(a) prevents an inspector from exercising any function conferred on the inspector by or under this Act, or(b) hinders or obstructs an inspector in the exercise of any such function, or(c) fails to comply with a requirement of an inspector by or under this Act, or(d) furnishes to an inspector (whether in answer to a question asked by an inspector or otherwise) information that the person knows is false or misleading in a material particular,is guilty of an offence.Maximum penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence under subsection (1) (c) for the failure of the defendant to answer a question asked by an inspector for the purposes of this Act if the defendant proves that the defendant did not know, and could not with reasonable diligence ascertain, the answer to the question.(3) If an answer to a question asked by an inspector for the purposes of this Act, or any information, is given to an inspector by an officer of a corporation (within the meaning of the Corporations Act 2001 of the Commonwealth) that is concerned in the conduct of a public lottery, the answer and information are, for the purposes of any proceedings against the corporation under this Act, binding on and admissible in evidence against the corporation unless it is proved that the answer or information was given on a matter in respect of which the officer had no authority to bind the corporation.
Division 6 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
76 Time within which proceedings may be commenced
(1) Proceedings for an offence under this Act or the regulations may be commenced not later than 2 years after the date alleged to be the date on which the offence was committed.(2) This section has effect despite the Criminal Procedure Act 1986 or any other Act.
77 Persons who may bring proceedings
Proceedings for an offence under this Act may be brought by:(a) an inspector, or(b) a police officer, or(c) any other person, or person of a class, prescribed by the regulations.
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.