Public Lotteries Act 1996 (NSW)

Public Lotteries Act 1996 No 86

An Act to amend and consolidate the law relating to the conduct of public lotteries; to repeal the Soccer Football Pools Act 1975, the Lotto Act 1979 and the New South Wales Lotteries Act 1990 and regulations made under those Acts; to make consequential amendments to other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Public Lotteries Act 1996.

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

3 Objects of Act The objects of this Act are— (a) to make provision for the proper conduct of public lotteries in the public interest and to minimise any harm associated with public lotteries, and (b) to ensure that revenue derived from the conduct of public lotteries is accounted for in a proper manner, and (c) to ensure that, on balance, the State and the community as a whole benefit from the conduct of public lotteries.

4 Definitions (1) In this Act— agent of a licensee means an agent appointed or approved in accordance with the conditions of the licence held by the licensee. commission, in relation to a public lottery, means an amount— (a) paid to, deducted by or retained by an agent in connection with a subscription to the public lottery (whether or not in the person's capacity as an agent of the licensee conducting the public lottery), and (b) determined by or in accordance with, and identified as commission in, the conditions of the relevant licence or the rules of the public lottery. conduct a public lottery includes promote, organise and operate the public lottery. corresponding law means a law of another State, Territory or country under which a person is authorised to conduct a public lottery. exercise a function includes perform a duty. function includes a power, authority or duty. inspector means a person appointed under section 71. keno has the meaning set out in section 5B. key employee means a person (whether or not appointed under a contract of service) who is— (a) employed in a managerial or supervisory capacity in relation to the conduct of a public lottery by a licensee, or (b) authorised to make decisions, involving the exercise of his or her discretion, that regulate the operations of a licensee or an agent in relation to the conduct of a public lottery by the licensee, or (c) concerned or engaged, in any manner prescribed by the regulations, in the conduct of a public lottery by a licensee. licence means an operator licence or product licence in force under this Act. licensee means the holder of a licence. operator licence—see section 10. outgoings for a public lottery conducted by a licensee means the amount required to be paid by the licensee in accordance with section 26 (1) into the prize fund for the lottery. player loss on a public lottery conducted by a licensee means the difference between— (a) the subscriptions to the public lottery and, if the conditions of the licensee's licence so require, the commission payable in respect of those subscriptions, and (b) the outgoings for the public lottery. product licence—see section 10. public lottery has the meaning set out in section 5. rules of a public lottery means the rules relating to the conduct of the public lottery in force under Part 4. subscriptions to a public lottery means the amounts paid for entries in the public lottery, but does not include the following— (a) amounts charged to subscribers by the licensee's agents for providing ancillary services in connection with the subscriptions (as referred to in section 13 (1) (e1)), (b) commission, unless this Act otherwise expressly provides.