Lotteries Act 1997 – 28 May 2014
Lotteries Act 1997 – 28 May 2014
Lotteries Regulation 2007 – 1 July 2015
Quick to view summary
An application for a primary licence (lottery licence/lottery operator’s licence) may be made in the approved form to the government. An application consideration is whether the applicant has, or is able to obtain, appropriate resources and appropriate services. If a ‘lottery licence’ application is granted, it authorises the lottery licensee to conduct an authorised lottery through a lottery operator. A ‘lottery operator’s licence’ if granted authorises the lottery operator to conduct an authorised lottery under a lottery operation agreement with a lottery licensee. The primary licensee must take all reasonable steps to enter an agreement for the conduct of the lottery and have it approved by the government as a lottery operation agreement as soon as practicable. Note: A primary licence cannot be transferred. A ‘lottery’ is defined in section 5 of the Act. The definition indirectly makes reference to the Lotteries Rule 2010 (which is published on the Office of Liquor and Gaming Regulation website). Lottery examples provided by the Schedules to the Lotteries Rule 2010 include: Gold lotto, Powerball, Pools, Super 66, Oz Lotto, Instant scratch-its & Casket.
- Sections 3, 4, 5, 6, 7A, 8, 8A, 8B, 9, 10, 11, 12, 13, 15, 16, 17, 18, 18A, 18B, 21, 22, 23A, 23B, 35, 39A, 39C, 39D, 39E, 71, 72, 95, 110, 111, 112, 113, 114, 121A, 128, Schedule 3; Regulation 5
A person must not sell or offer for sale, a ticket in a gaming scheme conducted by a foreign agency (without relevant authorisation).
- Section 7
A person may apply in the approved form to the government for a key person licence. A person must not occupy or act in the position of a key employee, or carry out the functions of a key employee, in relation to the primary licensee’s operations unless the person is a licensed employee. For the definition of ‘key employee’, refer to section 40 of the Act. The application is to be accompanied by a letter from the primary licensee (among other requirements). Note: Within 7 days after a licensed employee starts employment with a primary licensee, the primary licensee must notify the government of the start of the employment by notice in the approved form.
- Sections 40, 41, 47, 48, 49, 51, 52, 53, 54, 55, 66, 70, 74
A lottery operator may enter into an agency agreement (appointing a person as lottery agent) with a person only if (a) it is entered into in relation to a small business owned and controlled by the person; and (b) the person is prescribed under regulation 6 of the Lotteries Regulation 2007 as a person eligible to be a lottery agent. For the definition of ‘agency agreement’, refer to section 78 of the Act. The agency agreement must state the lottery agent’s place of operation. A lottery agent may only carry on the agent’s operations at a retail business premises, retail shopping premises or other commercial premises.
- Sections 78, 79, 83, 151; Regulations 6, 12
A lottery operator must pay ‘lottery tax’ to the government. Lottery tax is payable for each month. For the amount of tax payable, refer to regulation 7 of the Lotteries Regulation 2007.
- Sections 94, 96; Regulations 3, 7, 8, 9, Schedule 4
A lottery operator must not conduct a lottery under the lottery operator’s licence unless the lottery operator has a control system in place that complies with section 101 of the Act.
- Sections 3, 100, 101, Schedule 3; Regulations 4A, 17AA, 17AB, 17AC, 17AD, 17AE, 17AF, 17AG, 17AH, 17AI, 17AK, 17AL, 17AM, 17AO
A lottery operator must apply to the government for approval to enter into an ‘ancillary lottery agreement’. For the definition of ‘ancillary lottery agreement’, refer to section 117 of the Act.
- Sections 116, 117
The government may make rules about: (a) classifying gaming schemes as lotteries; (b) regulating the conduct of lotteries; and (c) regulating prizes in lotteries. The government has made the Lotteries Rule 2010. The Lotteries Rule 2010 is available via the Office of Liquor and Gaming Regulation website.
- Section 121
A claim for payment of a prize in an approved lottery may be made to the lottery operator or a lottery agent of the lottery operator (within 7 years of the prize being won). Note: After 3 months, a prize is treated as unclaimed.
- Sections 129, 130, 131, 131A, 131B, 138; Regulations 13, 15, 16, 17AS, 17BG
A lottery operator must apply to the government for an approval for ‘regulated lottery equipment’ proposed to be used in the conduct of lotteries by the lottery operator. A listing of ‘regulated lottery equipment’ can be found in Schedule 2 of the Lotteries Regulation 2007.
- Sections 133, 134; Regulations 14, 18, Schedule 2
A person who advertises an approved lottery must take reasonable steps to ensure that the advertisement: (a) is not indecent or offensive; (b) is based on fact; and (c) is not false, deceptive or misleading in a material particular.
- Section 135
A complaint may be made to a lottery operator/government about the conduct of an approved lottery or the operations of a lottery agent relating to an approved lottery. A complaint must comply with subsection 137(5) of the Act – be in writing, state the complainant’ s name and address and give appropriate details of the complaint.
- Section 137
A person must not, in relation to an approved lottery, dishonestly obtain a benefit.
- Section 140
A lottery employee (whether licensed or unlicensed) or a lottery official must not participate in a lottery if directly involved in the draw, supervising the draw, or recording the results of the draw, of the lottery.
- Section 144
A person involved in the conduct of an approved lottery must not accept an entry form, or money or other consideration for a lottery ticket, for the lottery from a minor.
- Section 149
A person must not give to a lottery operator or lottery agent: (a) an entry form containing a name or designation that is obscene, indecent or offensive; or (b) for inclusion on an entry form a name or designation that is obscene, indecent or offensive.
- Section 150
If a lottery participant asks a lottery operator for anonymity, the lottery operator must not publish the name, or other identifying particulars, of the participant so that it becomes or is likely to become publicly known that the person has participated, or has won or claimed a prize, in an approved lottery.
- Section 152
In some instances, a person may request a lottery ticket be cancelled by a lottery agent. If cancelled, the lottery agent must refund an amount equal to the price of the ticket.
- Regulations 17AQ, 17AR
Each drawing of a lottery must be given a number and be identified by the number. In addition, the amount of the provisional prize pool for a drawing of a lottery must be announced at the drawing.
- Regulations 17AT, 17AU
As soon as practicable after the drawing of a lottery, a lottery operator must: (a) inform the lottery operator’s lottery agents of the winning numbers; and (b) make the winning numbers available on the lottery operator’s website.
- Regulation 17AV
A lottery operator is not bound by an agreement made between the members of a group of persons on whose behalf a person is a participant in a lottery.
- Regulation 17AZ
Reason for law
To ensure that, on balance, the State and the community as a whole benefit from lotteries. (Section 2A)
Sections 141 contains the term ‘utter’. This term may not be understood by members of the public.
For ease of access, the Lotteries Rule 2010 could be linked from the Queensland Parliament website.
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