Lotteries Act 1997 (Qld)

Lotteries Act 1997

An Act to regulate lotteries and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Lotteries Act 1997.

2 Commencement This Act commences on a day to be fixed by proclamation.

2A Object (1) The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from lotteries. (2) The balance is achieved by allowing lotteries subject to a system of regulation and control designed to protect players and the community through— (a) ensuring the integrity and fairness of games; and (b) ensuring the probity of those involved in the conduct of lotteries; and (c) minimising the potential for harm from lotteries.

2B Explanation of licensing scheme This Act establishes a licensing scheme under which a lottery may be conducted only if— (a) a person holds a lottery licence for the lottery; and (b) another person holds a lottery operator's licence for the lottery; and (c) the lottery is conducted under a lottery operation agreement between the 2 persons.

3 Definitions—the dictionary The dictionary in schedule 3 defines particular words used in this Act.

Part 2 Authorised lotteries

Division 1 Basic concepts

4 Meaning of gaming scheme A gaming scheme is a game, scheme or arrangement in which the winners of prizes are decided— (a) wholly or partly by chance; or (b) by a competition or other activity of which the outcome is dependent on fate or guessing.

5 Meaning of lottery A lottery is a gaming scheme classified under a rule as a lottery.

Division 2 Requirement for lottery to be authorised by lottery licence and lottery operator's licence

6 Requirement for primary licence (1) A person must not conduct a lottery unless the person is authorised to do so under a primary licence. Maximum penalty—200 penalty units or 2 years imprisonment. (2) A person must not conduct a gaming scheme that is not a lottery if— (a) the gaming scheme may reasonably be confused with a lottery; or (b) because of the scheme's similarity to a lottery, it may reasonably be taken to be in direct competition with a lottery. Maximum penalty—200 penalty units or 2 years imprisonment. (3) Subsection (2) does not apply if the gaming scheme is conducted under a gaming Act. (4) A person must not participate in a lottery, or a gaming scheme mentioned in subsection (2), knowing the person who is conducting the lottery or scheme is not authorised under this Act or a gaming Act to conduct the lottery or scheme. Maximum penalty—40 penalty units. (5) A person must not conduct a gaming scheme (other than an approved lottery) under a name that— (a) is a name by which an approved lottery is conducted; or (b) is likely to be confused with the name by which an approved lottery is conducted; or (c) includes a word— (i) contained in the name by which an approved lottery is conducted; and (ii) prescribed under a regulation. Maximum penalty for subsection (5)—40 penalty units.