NSW Lotteries (Authorised Transaction) Act 2009 (NSW)

NSW Lotteries (Authorised Transaction) Act 2009 No 60

An Act to provide for the transfer of the business of New South Wales Lotteries Corporation, and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the NSW Lotteries (Authorised Transaction) Act 2009.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Interpretation (1) Key definitions In this Act— authorised transaction means the transfer of NSW Lotteries assets authorised by Part 2. NSW Lotteries means New South Wales Lotteries Corporation constituted by the New South Wales Lotteries Corporatisation Act 1996. NSW Lotteries assets means assets, rights and liabilities of NSW Lotteries. (2) Other interpretative provisions Expressions used in this Act that are defined in Schedule 1 have the meanings set out in that Schedule.

Part 2 The authorised transaction

4 Authority for transfer of NSW Lotteries assets to private sector This Act authorises the transfer to the private sector of any NSW Lotteries assets.

5 Transfer of NSW Lotteries assets to public sector agencies This Act authorises the transfer of any NSW Lotteries assets to one or more public sector agencies.

6 Proceeds of transaction (1) The proceeds of the transfer of NSW Lotteries assets to the private sector pursuant to the authorised transaction (the transaction proceeds) belong to and are payable directly to the State. (2) The transaction proceeds paid to the State are to be paid into the Consolidated Fund. (3) The following deductions are authorised to be made from the transaction proceeds— (a) deduction of such amounts as the Treasurer approves to repay debt and satisfy other liabilities of a public sector agency in respect of NSW Lotteries assets transferred for the purposes of the authorised transaction, (b) deduction of such amounts as the Treasurer approves to reimburse public sector agencies for payments made by them in respect of any tax, duty, fee or charge imposed by any Act or law of the State or any other jurisdiction in connection with a transaction arrangement, (c) deduction of such amounts as the Treasurer approves to satisfy any liability of a public sector agency arising under or in connection with a transaction arrangement, (d) deduction of such amounts as the Treasurer approves to meet expenses reasonably incurred by public sector agencies for the purposes of the authorised transaction. (4) The transaction proceeds do not include any amount certified by the Treasurer to have been paid to a public sector agency as a tax, duty, fee or charge imposed by any Act or law of the State in connection with a transaction arrangement. (5) The deductions authorised to be made from the transaction proceeds may be made before payment of the transaction proceeds into the Consolidated Fund or may be made by payment from the Consolidated Fund. (6) The requirements of this section do not affect the validity of a transaction arrangement.