Public Lotteries Act 2000

i Public Lotteries Act 2000 Act No. 73/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. Application of Act 7 5. Act binds the Crown 7 PART 2—CONDUCT OF PUBLIC LOTTERIES 8 6. Public lotteries declared lawful 8 7. Lottery rules 8 8. When do lottery rules come into force? 9 9. Publication and inspection of lottery rules 9 10. Disallowance of lottery rules 9 11. Supervision of public lottery draws by Director's representative 11 12. Licensee to record entries 11 13. Prohibition on accepting public lottery entries by children 11 14. Licensee not to act as credit provider 11 15. Prohibition of certain schemes 12 16. Publicity concerning prizewinners 13 PART 3—PUBLIC LOTTERY LICENCES 14 Division 1—Number and Type of Public Lottery Licences 14 17. Minister determines number and type of public lottery licences 14 18. Which public lotteries can be licensed? 14 Division 2—Licensing Procedure 15 19. Application for licence 15 20. Investigation of application by Authority 15 21. Investigation of application by Secretary 16 22. Authority or Secretary may require further information etc. 16 23. Updating of application 17 24. Report to Minister by Authority 18 25. Report to Minister by Secretary 19 -- 1 of 75 -- Section Page ii 26. Determination of applications 19 27. Issue of licence 20 28. Licence conditions 20 29. Term of licence 20 30. Premium payment 21 31. Licence is not transferable 21 32. Publication and tabling of licences 21 33. Inspection of licence 22 34. Register of public lottery licences 22 Division 3—Appointing Subsidiaries to Conduct Public Lotteries 22 35. Appointment of subsidiaries 23 36. Approval of subsidiary 23 37. Investigation 23 Division 4—Amending and Surrendering Licences 24 38. Request by licensee for amendment of licence 24 39. Notification of other affected licensees 24 40. Objection by other licensees 25 41. Amendment of licence 25 42. Surrender of licence 26 Division 5—Disciplinary Action 26 43. Grounds for disciplinary action 27 44. Authority or Secretary may recommend disciplinary action 27 45. Minister may take disciplinary action 28 46. Suspension of licence pending criminal proceedings 29 47. Effect of licence suspension 30 48. On-going monitoring of associates and others 30 49. Disciplinary action against associates 31 50. Investigations of licensee or appointed subsidiary 32 51. Requirement to give information to Authority 33 PART 4—RETURNS TO PLAYERS, SUPERVISION CHARGES AND TAX 35 52. Returns to players 35 53. Supervision charge 35 54. Public lottery tax 36 55. Penalty for late payment 37 56. Recovery of amounts 37 57. Application of tax proceeds 37 58. Mental Health Fund 38 59. Sharing tax with other jurisdictions 39 PART 5—COMPLIANCE REQUIREMENTS 41 -- 2 of 75 -- Section Page iii Division 1—Financial Recording and Reporting 41 60. Licensee to keep accounts and records 41 61. Annual financial statements 41 62. Audit 41 63. Extension of time for annual financial statements 42 64. Failure to submit annual financial statements 42 65. Agents and subsidiaries to comply with Division 43 Division 2—Other Requirements 43 66. Directions to licensees 43 67. Notification of change in situation of licensee, appointed subsidiaries or associates 44 68. Claims for prize 44 69. Prizes unclaimed after 12 months 45 70. Complaints 46 PART 6—INVESTIGATION AND ENFORCEMENT 48 71. Inspectors 48 72. Rights of inspector in certain premises 48 73. Functions of inspectors 49 74. Powers of inspectors 49 75. Search warrants 51 76. Return of items seized 52 77. Magistrates' Court may extend period 53 78. Protection against self-incrimination 53 PART 7—GENERAL 55 79. Offences by bodies 55 80. Proceedings 55 81. Inquiries by Authority or Secretary 56 82. Secrecy 56 83. Memorandum of understanding 58 84. Destruction of finger prints and palm prints 60 85. Delegation by Authority 60 86. Delegation by Secretary 61 87. Regulations 61 PART 8—TATTERSALL CONSULTATIONS 63 88. Definitions 63 89. Repeal of Tattersall Consultations Act 1958 63 90. Promoter entitled to public lottery licence 64 91. Premium payment by promoter 65 92. Licence exclusivity 66 93. Current consultations and soccer football pools 66 -- 3 of 75 -- Section Page iv 94. Operator taken to be approved 66 95. Promoter's annual report 66 96. Saving of existing agreements with other jurisdictions 67 PART 9—CONSEQUENTIAL AMENDMENTS 68 97. Amendment of Club Keno Act 1993 68 98. Amendment of Gaming Machine Control Act 1991 68 99. Amendment of Gaming No. 2 Act 1997 68 100. Amendment of Health Services Act 1988 69 101. Amendment of Interactive Gaming (Player Protection) Act 1999 69 102. Amendment of Lotteries Gaming and Betting Act 1966 69 103. Amendment of Retail Tenancies Reform Act 1998 70 ═══════════════ ENDNOTES 71 -- 4 of 75 -- 1 Public Lotteries Act 2000† [Assented to 21 November 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to provide for the lawful conduct of public lotteries, including football pools and competitions; and Victoria No. 73 of 2000 -- 5 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 2 (b) to generate additional funds for grass roots sports, health, women's sports and sports medicine through the licensing of AFL footy tipping competitions; and (c) to repeal the Tattersall Consultations Act 1958; and (d) to entitle the promoter under that Act to a public lottery licence for consultations and soccer football pools. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2001, it comes into operation on that day. 3. Definitions (1) In this Act— "AFL footy tipping competition" means a public lottery in which the prizes are distributed on the basis of results of matches played in the Australian Football League; "amount paid" does not include an amount determined in accordance with the licence conditions that is paid by way of commission paid or payable to an agent of the licensee (but not including any amount in respect of GST payable on the supply in respect of which the commission was paid or is payable); "appointed subsidiary" in relation to a licensee, means a company appointed by the licensee under section 35 to conduct public lotteries under the licence; s. 2 -- 6 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 3 "associate" in relation to an applicant for a licence, a licensee or a subsidiary of a licensee, has the meaning given in sub- section (2); "Authority" means Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994; "corresponding law", in relation to a participating jurisdiction, means a law of the participating jurisdiction declared under section 59(1)(b) to be a corresponding law; "Director" means Director of Gaming and Betting under the Gaming and Betting Act 1994; "executive officer", in relation to a body (whether incorporated or not), means— (a) a director, secretary or member of the committee of management of the body (by whatever name called); or (b) any other person who is concerned with, or takes part in, the management of the body, whether or not the person's position is given the name of executive officer; "gaming Act" means any of the following Acts— (a) Casino Control Act 1991; (b) Club Keno Act 1993; (c) Gaming and Betting Act 1994; (d) Gaming Machine Control Act 1991; (e) Gaming No. 2 Act 1997; (f) Interactive Gaming (Player Protection) Act 1999; s. 3 -- 7 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 4 (g) Lotteries Gaming and Betting Act 1966; (h) Tattersall Consultations Act 1958; "GST" has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; "inspector" means a person referred to in section 71(1); "licence" means a public lottery licence issued under Division 2 of Part 3; "licence conditions" means conditions imposed on a licence by the Minister; "licensee" means a person or body that holds a licence; "lottery rules" means rules made under section 7 for a public lottery; "Mental Health Fund" means the fund established by section 58; "participating jurisdiction" means a State, Territory or country declared under section 59(1)(a) to be a participating jurisdiction; "performing functions" includes exercising powers; "player" means a person who enters a public lottery; "player loss", in relation to a public lottery, means the total amount paid by all players to enter the public lottery less— (a) the sum of all prizes payable from that total amount (other than prizes payable from a jackpot prize pool) and any s. 3 -- 8 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 5 refunds made to players from that total amount; and (b) the sum of amounts determined under the lottery rules for the public lottery for payment in respect of that total amount to a jackpot prize pool; "public lottery" means a lottery or other game or competition of chance, or partly of chance and partly of skill, in which people pay money to enter with the possibility of obtaining a monetary prize, including a lottery, game or competition that involves a scheme of pari-mutuel betting; "relevant financial interest", in relation to a public lottery business, means— (a) a share in the capital of the business; or (b) an entitlement to receive any income derived from the business; or (c) an entitlement to receive a payment as a result of money advanced; "relevant power", in relation to a public lottery business, means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision in relation to the business; or (b) to elect or appoint a person as an executive officer of the person or body that manages or operates the business; "Secretary" means Secretary to the Department of Treasury and Finance; s. 3 -- 9 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 6 "soccer football pool" means a public lottery in which the prizes are distributed on the basis of results of soccer football matches played in Australia or elsewhere in accordance with a system where results are selected and given an order of rank; "subsidiary"— (a) in relation to a body corporate, means a subsidiary of the body corporate within the meaning of the Corporations Law; (b) in relation to any other body, means a body corporate that would be a subsidiary of the body within the meaning of the Corporations Law if the body were a body corporate; "wholly-owned subsidiary"— (a) in relation to a body corporate, means a wholly-owned subsidiary of the body corporate within the meaning of the Corporations Law; (b) in relation to any other body, means a body corporate that would be a wholly- owned subsidiary of the body within the meaning of the Corporations Law if the body were a body corporate. (2) For the purposes of this Act, a person is an "associate" of an applicant for a licence, a licensee or a subsidiary of a licensee, if the person— (a) holds or will hold a relevant financial interest, or is or will be entitled to exercise a relevant power (whether in right of the person or on behalf of any other person), in the public lottery business of the applicant, licensee or subsidiary, and by virtue of that s. 3 -- 10 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 7 interest or power is or will be able to exercise a significant influence over or with respect to the management or operation of that public lottery business; or (b) is or will be an executive officer of the applicant, licensee or subsidiary, whether in right of the person or on behalf of another person. 4. Application of Act Nothing in this Act applies to a raffle, lottery or other activity authorised by or under the Gaming No. 2 Act 1997. 5. Act binds the Crown (1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) However, nothing in this Act makes the Crown in any of its capacities liable for an offence. _______________ s. 4 -- 11 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 8 PART 2—CONDUCT OF PUBLIC LOTTERIES 6. Public lotteries declared lawful The conduct of a public lottery in accordance with this Act by a licensee or an appointed subsidiary of a licensee is lawful and is not a common nuisance, despite the provisions of any other law to the contrary. 7. Lottery rules (1) A licensee must make rules, not inconsistent with this Act, the regulations or the licence conditions, for or with respect to the conduct of each public lottery authorised by the licence. (2) A licensee or an appointed subsidiary of a licensee must not conduct a public lottery unless lottery rules for the public lottery are in force. (3) Without limiting sub-section (1), lottery rules may make provision for any of the following matters— (a) the handling of applications to enter a public lottery; (b) the recording of entries in a public lottery; (c) the determination of the entitlement (if any) of a player to a prize in a public lottery; (d) the payment of prizes in, or the refund of money paid to enter, a public lottery. (4) As soon as practicable after making lottery rules, a licensee must give a copy of them to the Authority. (5) Lottery rules for a public lottery, as in force when an entry to the public lottery is accepted, form part of the contract between the licensee and the player. s. 6 -- 12 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 9 8. When do lottery rules come into force? (1) Lottery rules come into force on the day specified in them, which must be— (a) at least 4 weeks after the day on which they are made; or (b) an earlier day approved by the Authority (not being a day before the rules are made). (2) An approval under sub-section (1)(b) must be in writing. (3) Despite sub-section (1), lottery rules cannot come into force before notice of making them is published in accordance with section 9. 9. Publication and inspection of lottery rules (1) The licensee must publish notice of the making of lottery rules in the Government Gazette and in a newspaper circulating generally in Victoria. (2) A licensee or other person who accepts entries in a public lottery must— (a) make available a complete copy of the lottery rules for the public lottery for inspection by any person free of charge on request; and (b) at each place or point at which those entries are accepted, display a notice stating that the lottery rules are available for inspection. (3) A notice under sub-section (2)(b) must be in the form approved by the Authority. 10. Disallowance of lottery rules (1) At any time, the Authority may disallow lottery rules in whole or part, by giving written notice to the licensee, if— s. 8 -- 13 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 10 (a) the Authority is satisfied that the rules are unfair to players, unreasonable or contrary to the public interest; or (b) the Minister has requested the Authority to disallow the rules under sub-section (3). (2) The Authority may refer lottery rules to the Minister if the Authority considers that the Minister ought to consider whether the rules should be disallowed. (3) The Minister may request the Authority to disallow lottery rules (whether or not they were referred to the Minister under sub-section (2)), if the Minister considers that the lottery rules— (a) are not in the public interest; or (b) would result in the public lottery being of a different character from the public lottery authorised to be conducted by the licence. (4) In deciding whether to request disallowance, the Minister may take into account, among other things, the amount of the premium payment for the licence. (5) The disallowance of lottery rules takes effect on the day specified in the notice of disallowance, being a day that is at least 3 days after the notice is given to the licensee. (6) If, before lottery rules are made, the Authority consents in writing to the making of the rules in the form in which they are made, the Authority must not disallow the rules or any part of them within the period of 6 months after they are made, unless the Minister requests disallowance under sub-section (3). s. 10 -- 14 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 11 11. Supervision of public lottery draws by Director's representative A licensee or other person must not determine a public lottery by draw unless a person nominated by the Director supervises the draw. 12. Licensee to record entries (1) A licensee must ensure that an accurate record is made (whether by the issue of a ticket or otherwise) of each entry in a public lottery conducted under the licensee's licence. (2) The record must include— (a) an identifying number, or other form of identification, of the entry; and (b) the amount paid to enter the lottery; and (c) the amount (if any) of commission paid or payable to an agent of the licensee in respect of the entry, determined in accordance with the licence conditions. (3) The licensee must ensure that the record of entry, or a copy of it, is given or made available to the player on request. 13. Prohibition on accepting public lottery entries by children A person must not knowingly accept an entry in a public lottery from a person under the age of 18 years. Penalty: 10 penalty units. 14. Licensee not to act as credit provider s. 11 s. 14 -- 15 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 12 A licensee must not provide credit to a player. Penalty: For a first offence, 240 penalty units. For a second or subsequent offence, 240 penalty units or imprisonment for 2 years, or both. 15. Prohibition of certain schemes (1) A person, or two or more persons together, must not conduct or promote a scheme or part of a scheme— (a) under which a guarantee or promise is given to a person participating in the scheme to the effect that the person will win a prize or share of a prize in a public lottery; or (b) in respect of which the person knows, or ought reasonably to know, or represents, that the probability of participants in the scheme collectively or separately winning a prize or share of a prize in a public lottery is greater than the highest probability of winning a prize or share of a prize in that public lottery under any scheme conducted by the licensee in relation to that public lottery. Penalty: 60 penalty units or imprisonment for 6 months. (2) A prize is not payable in respect of an entry in a public lottery if the entry was accepted or obtained under, or used in connection with, a scheme or part of a scheme—— (a) of a kind referred to in sub-section (1); and (b) conducted by a person other than a licensee or an appointed subsidiary of a licensee. (3) If a prize has been paid in respect of an entry in a public lottery, the entitlement to the prize must -- 16 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 13 not be questioned on the ground that it was not payable by reason of sub-section (2). (4) In this section— "scheme" includes plan, contract, arrangement, agreement or undertaking. 16. Publicity concerning prizewinners (1) A licensee or an appointed subsidiary of a licensee must not publish, or cause to be published, the identity of a person who claims a prize in a public lottery if the person has requested anonymity. (2) A player may request anonymity— (a) in the manner set out in the licence conditions or the lottery rules; or (b) in the prescribed manner. (3) A person may at any time revoke a request for anonymity. (4) This section does not prevent a licensee or an appointed subsidiary of a licensee from publishing, or causing to be published, the venue or geographic location at which a prizewinning entry was made and the amount of a prize won. _______________ s. 16 -- 17 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 14 PART 3—PUBLIC LOTTERY LICENCES Division 1—Number and Type of Public Lottery Licences 17. Minister determines number and type of public lottery licences The Minister is to determine from time to time— (a) the number of public lottery licences that may be issued; and (b) the public lotteries those licences may authorise to be conducted. 18. Which public lotteries can be licensed? (1) The Minister may issue a licence for the conduct of any one or more public lotteries except as provided by this section. (2) The Minister cannot issue a licence to conduct a public lottery that is or involves— (a) wagering within the meaning of the Gaming and Betting Act 1994; (b) gaming within the meaning of the Gaming Machine Control Act 1991; (c) a club keno game within the meaning of the Club Keno Act 1993; (d) a game approved under section 60 of the Casino Control Act 1991 to be played in a casino. s. 17 -- 18 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 15 (3) The Minister must not issue a licence to conduct a public lottery that, in his or her opinion, is offensive or contrary to the public interest. Division 2—Licensing Procedure 19. Application for licence (1) A person or body that— (a) has a physical place of business in Victoria; and (b) is not a natural person— may apply to the Minister for a public lottery licence. (2) A licence application— (a) must be in the form, contain the information and be accompanied by the documents, required by the Minister; and (b) must be accompanied by the prescribed application fee. (3) Until the regulations provide otherwise, the prescribed application fee is $100. (4) The Minister may require an applicant to provide any further information to the Minister in connection with the application. (5) The Minister must refer each licence application to the Authority and the Secretary. (6) If a requirement made by this section is not complied with, the Minister may refuse to consider the application or to refer it to the Authority or the Secretary. 20. Investigation of application by Authority s. 19 s. 20 -- 19 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 16 (1) The Authority must cause to be carried out all investigations and inquiries that it considers necessary to enable it to report to the Minister under section 24. (2) A person the Authority is investigating in relation to a licence application is required to consent to having his or her photograph, finger prints and palm prints taken by the Authority. (3) The Authority must refer a copy of— (a) the application; and (b) any photograph, finger prints and palm prints; and (c) any supporting documentation— to the Chief Commissioner of Police. (4) The Chief Commissioner of Police must inquire into and report to the Authority on any matters concerning the application that the Authority requests. (5) The Authority may refuse to investigate the application, or to report to the Minister on the application, if any person from whom the Authority requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken. 21. Investigation of application by Secretary The Secretary must cause to be carried out all investigations and inquiries that he or she considers necessary to enable him or her to report to the Minister under section 25. 22. Authority or Secretary may require further information etc. s. 22 -- 20 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 17 (1) The Authority or the Secretary may, by written notice, require an applicant or a person whose association with an applicant is, in the opinion of the Authority or Secretary, relevant to the application to do any one or more of the following— (a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); (d) to furnish to the Authority or Secretary any authorities and consents that the Authority or Secretary directs for the purpose of enabling the Authority or Secretary to obtain information (including financial and other confidential information) concerning the person and their associates from other persons. (2) If a requirement made under this section is not complied with, the Authority or Secretary may refuse to investigate the application or to report to the Minister on the application. 23. Updating of application s. 23 -- 21 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 18 (1) If a change occurs in the information provided in or in connection with an application (including in any documents lodged with the application), before the application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of sub-section (1) to any further change in the information provided. 24. Report to Minister by Authority (1) The Authority must give a written report to the Minister on each licence application, stating whether or not, in the Authority's opinion— (a) the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; (b) the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (c) each executive officer of the applicant and any other person determined by the Authority to be concerned in or associated with the ownership, management or operation of the applicant's business, is a suitable person to act in that capacity; (d) the applicant has sufficient technical capability and adequate systems to conduct -- 22 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 19 the public lottery to be authorised by the licence. (2) The report may include any recommendations the Authority thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. 25. Report to Minister by Secretary (1) The Secretary must give a written report to the Minister on each licence application, stating whether or not, in the Secretary's opinion— (a) the applicant is of sound and stable financial background; (b) the applicant has financial resources that are adequate to ensure the financial viability of a public lottery business; (c) the applicant has the ability to establish and maintain a successful public lottery business. (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. 26. Determination of applications (1) The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Authority under section 24 and the report of the Secretary under section 25. (2) The Minister may grant a licence application only if he or she is satisfied that the granting of the application is in the public interest, taking into account the matters referred to in section 24(1) s. 25 -- 23 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 20 and 25(1) and any other matters the Minister considers relevant. (3) In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Authority or Secretary. (4) If the Minister refuses a licence application, he or she must give written notice to the applicant. 27. Issue of licence (1) If the Minister grants a licence application, he or she must issue a licence to the applicant accordingly. (2) A licence must specify the public lottery authorised to be conducted by the licence. 28. Licence conditions The Minister may impose any conditions he or she thinks fit on a licence, including— (a) conditions referred to in any other provision of this Act; (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority, the Director or the Secretary; (c) conditions that remain in effect after the licence expires or is surrendered, cancelled or suspended. 29. Term of licence (1) A licence— (a) takes effect at the time of issue or at the later time specified in the licence; and (b) is valid for the term, not exceeding 7 years, specified in the licence, unless terminated s. 27 -- 24 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 21 earlier in accordance with this Act or extended under this section. (2) A licensee may apply to the Minister, before the licence expires, for a licence extension. (3) On application under sub-section (2), the Minister may, after consulting the Authority and the Secretary, extend the licence for a period not exceeding 12 months from the day it would otherwise expire. (4) A licence may be extended only once. (5) A licence cannot be renewed, but a person who holds or has held a licence may apply for another licence. 30. Premium payment (1) The Minister may require a licensee to pay, as consideration for the licence, one or more amounts determined by the Minister as the premium payment. (2) The Minister may determine the premium payment as— (a) a single amount payable on the issue of the licence, or by the later time determined by the Minister; or (b) an amount payable each year for the duration of the licence at the time determined by the Minister. (3) The premium payment is a tax. 31. Licence is not transferable A licence cannot be transferred. 32. Publication and tabling of licences The Minister must cause a copy of each licence— s. 30 s. 32 -- 25 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 22 (a) to be published, as soon as practicable after its issue, in the Government Gazette and in a newspaper circulating generally in Victoria; and (b) to be laid before each House of the Parliament within 7 sitting days of the House after it is issued. 33. Inspection of licence A licensee must make a copy of the licence available for inspection by members of the public at the licensee's principal place of business in Victoria during normal business hours. 34. Register of public lottery licences (1) The Minister must cause a register of licences issued under this Act to be kept. (2) The register must contain— (a) the name and address of the licensee and of any appointed subsidiary of the licensee; and (b) the public lottery authorised to be conducted by the licence; and (c) any other information determined by the Minister. (3) Anyone may inspect the register without charge at the office of the department for which the Minister is responsible during the hours that the office is open to the public. Division 3—Appointing Subsidiaries to Conduct Public Lotteries -- 26 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 23 35. Appointment of subsidiaries (1) A licensee may, by notice in writing given to the Minister, appoint to conduct public lotteries under the licence a company that is— (a) incorporated under the Corporations Law of Victoria; and (b) a wholly-owned subsidiary of the licensee; and (c) approved by the Authority. (2) A company appointed to conduct public lotteries under a licence ceases to be authorised to conduct them on ceasing to be a wholly-owned subsidiary of the licensee. (3) At any time, the licensee may revoke an appointment under sub-section (1) by giving written notice of revocation to the Minister. 36. Approval of subsidiary The Authority may approve a wholly-owned subsidiary of the licensee for appointment under section 35 if satisfied that— (a) the licensee has given the subsidiary an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the subsidiary; and (b) the appointment of the subsidiary under section 35 would not result in a person who is not currently an associate of the licensee becoming an associate of the licensee. 37. Investigation s. 35 s. 37 -- 27 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 24 On receiving a request to approve a wholly-owned subsidiary, the Authority must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the request properly. Division 4—Amending and Surrendering Licences 38. Request by licensee for amendment of licence (1) A licensee may request the Minister to amend the licence to remove or vary a condition of the licence or to impose an additional condition on the licence. (2) A request for a licence amendment— (a) must be in the form, contain the information and be accompanied by the documents, required by the Minister; and (b) must include the reasons for the requested amendment. (3) The Minister may require the licensee to provide any further information to the Minister in connection with the request. (4) If a requirement made by this section is not complied with, the Minister may refuse to consider the request. 39. Notification of other affected licensees (1) The Minister may require a licensee who requests a licence amendment to notify in writing the licensee of any other licence that, in the Minister's opinion, may be adversely affected if the amendment is made. (2) Notification under sub-section (1)— -- 28 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 25 (a) must be in the form and contain the information required by the Minister; and (b) must include the reasons for the requested amendment; and (c) must inform the licensee to whom it is given of their right to object to the requested amendment. (3) If a requirement made by this section is not complied with, the Minister may refuse to consider the request for amendment. 40. Objection by other licensees (1) A licensee who receives notice under section 39 may lodge a written objection with the Minister. (2) The objection must be lodged within 28 days after receiving the notice. 41. Amendment of licence (1) The Minister must decide whether to make an amendment requested under section 38, either with or without changes from that originally requested, and must give written notice of the decision to the licensee and to any licensee who lodged an objection under section 40. (2) In deciding whether or not to make an amendment, the Minister must have regard to any objections lodged under section 40, and must take into account whether, in his or her opinion, the amendment— (a) is in the public interest; and (b) is consistent with the tenor of the original licence; and (c) would have an unduly adverse effect on any other licence issued under this Act. s. 40 -- 29 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 26 (3) As a condition of making a requested amendment, the Minister may require the licensee to pay to the State a premium determined by the Minister that reflects the increased value of the licence as amended. (4) If the Minister amends a licence under this section— (a) the licensee must cause a copy of the amendment to be published as soon as practicable in the Government Gazette and in a newspaper circulating generally in Victoria; and (b) the Minister must cause a copy of the amendment to be laid before each House of the Parliament within 7 sitting days of the House after it is made. (5) An amendment takes effect when notice of the decision to make the amendment is given to the licensee under sub-section (1) or on a later date specified in the notice. 42. Surrender of licence (1) A licensee may surrender the licence by giving written notice to the Minister. (2) The surrender takes effect only if the Minister consents to the surrender. (3) The Minister may consent subject to any conditions he or she thinks fit, and those conditions remain in effect after the surrender in accordance with their terms. Division 5—Disciplinary Action s. 42 -- 30 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 27 43. Grounds for disciplinary action (1) Each of the following is a ground for disciplinary action in relation to a licence— (a) the licensee is not, or is no longer, a suitable person or body to conduct the public lottery authorised by the licence; (b) the licensee has been found guilty of an offence against this Act, a gaming Act or a corresponding law; (c) the licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; (d) the licensee has contravened a condition of the licence; (e) the licensee has contravened a provision of this Act or a corresponding law (being a provision a contravention of which does not constitute an offence); (f) the licensee has failed to discharge financial obligations to a player; (g) the licensee becomes an externally- administered body corporate within the meaning of the Corporations Law or otherwise becomes insolvent; (h) the licence was obtained by a materially false or misleading representation or in some other improper way. (2) A reference in this section to a licensee includes a reference to an appointed subsidiary of the licensee. 44. Authority or Secretary may recommend disciplinary action s. 43 s. 44 -- 31 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 28 (1) If the Authority or the Secretary considers that there is a ground for taking disciplinary action in relation to a licence, the Authority or Secretary may give the licensee written notice affording the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. (2) The licensee, within the period allowed by the notice, may arrange with the Authority or Secretary for the making of submissions to the Authority or Secretary as to why disciplinary action should not be taken. (3) After considering any submission made under sub-section (2), the Authority or Secretary may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 45. (4) The report must include the reasons for the findings and recommendations contained in it. 45. Minister may take disciplinary action (1) The Minister, on the recommendation of the Authority or the Secretary under section 44, may take any one or more of the following disciplinary actions— (a) issue a letter of censure to the licensee; (b) fine the licensee an amount not exceeding $500 000; (c) amend the licence; (d) cancel or suspend the licence. (2) In taking disciplinary action, the Minister— -- 32 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 29 (a) is entitled to rely on the findings and recommendations in the report of the Authority or Secretary under section 44; and (b) is not required to give the licensee a further opportunity to be heard or make submissions. (3) Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. (4) A letter of censure may censure the licensee in respect of any matter connected with the management or operation of its public lottery business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure. (5) If a direction given under sub-section (4) is not complied with in the specified time, the Minister may, by giving written notice to the licensee, cancel, suspend or amend the licence without affording the licensee a further opportunity to be heard or make submissions. (6) A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State. 46. Suspension of licence pending criminal proceedings (1) The Minister may suspend a licence by giving written notice to the licensee if the Minister is satisfied that the licensee, an appointed subsidiary of the licensee, or an executive officer of the licensee or subsidiary, has been charged with— (a) an offence against this Act or a gaming Act or an offence against regulations made under this Act or a gaming Act; or s. 46 -- 33 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 30 (b) an offence arising out of or in connection with the management or operation of a public lottery business; or (c) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a public lottery business. (2) The Minister may, at any time, terminate or reduce a period of suspension imposed under sub- section (1). 47. Effect of licence suspension A licence is of no effect for the purposes of Part 2 while it is suspended. 48. On-going monitoring of associates and others (1) The Authority may from time to time investigate— (a) an associate, or a person likely to become an associate, of a licensee or of an appointed subsidiary of a licensee; or (b) any person or body having a business association with a person referred to in paragraph (a). (2) A licensee or appointed subsidiary must— (a) notify the Authority in writing that a person is likely to become an associate as soon as practicable after the licensee or subsidiary becomes aware of the likelihood; and (b) ensure that a person does not become an associate except with the prior approval in writing of the Authority. s. 47 -- 34 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 31 (3) For the purpose of an investigation, the Authority— (a) may require an associate or a person likely to become an associate to consent to having his or her photograph, finger prints and palm prints taken; and (b) must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police. 49. Disciplinary action against associates (1) If the Authority determines that an associate of a licensee has engaged or is engaging in conduct that, in the Authority's opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the licensee's business, the Authority may— (a) issue a written warning to the associate that the conduct is unacceptable; or (b) give written notice to the associate requiring the associate to give a written undertaking to the Authority, within the period specified in the notice, regarding the future conduct of the associate. (2) If the associate fails to give an undertaking required under sub-section (1)(b) or breaches an undertaking given under that sub-section, the Authority may give the associate written notice requiring the associate to terminate, within 14 days or the longer period agreed with the Authority, the association with the licensee. (3) If, after considering the matters referred to in sub- section (4), the Authority determines that an associate of a licensee is unsuitable to be concerned in or associated with the ownership, s. 49 -- 35 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 32 management or operation of the licensee's business, the Authority may give the associate written notice requiring the associate to terminate, within 14 days or the longer period agreed with the Authority, the association with the licensee. (4) For the purposes of sub-section (3), the Authority must consider whether the associate— (a) is of good repute, having regard to character, honesty and integrity; (b) is of sound and stable financial background; (c) has a business association with a person or body that, in the Authority's opinion, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (5) If the association is not terminated within the period required under sub-section (2) or (3), the Authority may give written notice to the licensee or subsidiary directing the licensee to take all reasonable steps to terminate the association within 14 days or the longer period agreed with the Authority. (6) A licensee must comply with a notice under sub- section (5). (7) A reference in this section to a licensee includes a reference to an appointed subsidiary of the licensee. 50. Investigations of licensee or appointed subsidiary (1) From time to time, the Authority may investigate a licensee or an appointed subsidiary of a licensee to help the Authority decide whether the licensee or subsidiary is a suitable person or body to conduct, or to continue to conduct, a public lottery. s. 50 -- 36 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 33 (2) However, the Authority may investigate a licensee or subsidiary only if the Authority reasonably suspects the licensee or subsidiary is not, or is no longer, a suitable person or body to conduct the public lottery authorised by the licence. 51. Requirement to give information to Authority (1) The Authority may, by written notice, require a licensee, an appointed subsidiary of a licensee or a person or body that is, or at any time has been, a person referred to in section 48(1)— (a) to provide the Authority or an inspector, in accordance with directions in the notice, any information relevant to the licensee, subsidiary or person that is specified in the notice; or (b) to produce to the Authority or an inspector, in accordance with directions in the notice, any records relevant to the licensee's public lottery business, or to other matters specified by the Authority, that are specified in the notice and to permit examination of those records, the taking of extracts from them and the making of copies of them; or (c) to attend before the Authority or an inspector for examination in relation to any matters relevant to the licensee's public lottery business, or to other matters specified by the Authority, and to answer questions relating to those matters. (2) A person is not excused from complying with a notice under this section on the ground that compliance would tend to incriminate the person but, if the person, in writing given to the Authority, claims, before complying with the notice, that compliance would tend to incriminate them, information provided in compliance with s. 51 -- 37 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 34 the notice is not admissible in evidence against the person in criminal proceedings other than proceedings under this Act. (3) If records are produced under this section, the Authority or inspector may retain possession of them for the period that is reasonably necessary for their examination, the taking of extracts from them and the making of copies of them. (4) At any reasonable times during the period for which records are retained, the Authority or inspector must permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Authority 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. _______________ s. 51 -- 38 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 35 PART 4—RETURNS TO PLAYERS, SUPERVISION CHARGES AND TAX 52. Returns to players (1) A licensee must ensure that the following minimum return to players is made on public lotteries conducted each year under the licence— (a) 50% of the total amount paid by players to enter soccer football pools; (b) 60% of the total amount paid by players to enter any other public lottery. (2) In this section— "year", in relation to a licence, means the year commencing on the day on which the licence takes effect and the year commencing on each anniversary of that day. 53. Supervision charge (1) A licensee must pay to the Treasurer a supervision charge in the instalments and in respect of the periods in each financial year that the Treasurer determines from time to time. (2) The supervision charge is the amount in respect of each financial year that the Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of the financial year incurred by the Authority in performing its functions under this Act. (3) The supervision charge is a tax. s. 52 -- 39 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 36 54. Public lottery tax (1) In relation to each public lottery conducted under a licence, the licensee must— (a) lodge a return with the Authority; and (b) pay to the Authority to be paid into the Consolidated Fund the prescribed percentage of player loss. (2) The prescribed percentage of player loss is— (a) in relation to an AFL footy tipping competition— (i) 58⋅41% of the player loss that is in respect of supplies on which GST is payable; and (ii) 67⋅50% of the player loss that is in respect of supplies on which GST is not payable; (b) in relation to a soccer football pool— (i) 57⋅52% of the player loss that is in respect of supplies on which GST is payable; and (ii) 68% of the player loss that is in respect of supplies on which GST is not payable; (c) in relation to any other public lottery— (i) 79⋅40% of the player loss that is in respect of supplies on which GST is payable; and (ii) 90% of the player loss that is in respect of supplies on which GST is not payable. s. 54 -- 40 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 37 (3) The return must be in the form, and contain the particulars, required by the Authority. (4) The return must be lodged, and payment made, not later than the 7 days after the determination of the public lottery to which the return relates. 55. Penalty for late payment A licensee must pay to the Authority, for payment into the Consolidated Fund, interest on an amount payable under section 54 or on a premium payment under section 30, 41(3) or 91 that is outstanding as at the end of the period allowed for payment, at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983. 56. Recovery of amounts An amount payable under section 54, a premium payment under section 30, 41(3) or 91, or a penalty payable under section 55 may be recovered in a court of competent jurisdiction as a debt due to the State. 57. Application of tax proceeds (1) In each financial year, the hypothecated amount must be paid out of the Consolidated Fund, in the proportions determined by the Treasurer, into— (a) the Hospitals and Charities Fund under the Health Services Act 1988; and (b) the Mental Health Fund. (2) The hypothecated amount for a financial year is an amount equal to the amount paid into the Consolidated Fund under section 54 in that year and any interest paid under section 55 in respect of that amount, less— (a) any amount paid into the Consolidated Fund in that year in respect of AFL footy tipping competitions; and s. 55 -- 41 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 38 (b) any amount paid out of the Consolidated Fund in that year under section 59(5)(a). (3) The Consolidated Fund is appropriated to the extent necessary for payments to be made under sub-section (1). (4) It is the intention of the Parliament that amounts paid into the Consolidated Fund in respect of AFL footy tipping competitions be applied for the purposes of grass roots sports and for any one or more of the following purposes: health, women's sports and sports medicine. 58. Mental Health Fund (1) There is established in the Public Account as part of the Trust Fund an account known as the Mental Health Fund. (2) There is to be credited to the Mental Health Fund all money required or authorised to be paid into the Fund by this or any other Act. (3) Money standing to the credit of the Fund may be applied, at the determination of the Treasurer, for or towards— (a) the establishment and maintenance of approved mental health services within the meaning of the Mental Health Act 1986; (b) the establishment and maintenance of residential institutions within the meaning of the Intellectually Disabled Persons' Services Act 1986; (c) the administration of the Mental Health Act 1986; (d) the administration of the Intellectually Disabled Persons' Services Act 1986. s. 58 -- 42 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 39 59. Sharing tax with other jurisdictions (1) Subject to this section, the Governor in Council, on the recommendation of the Minister, by Order in Council published in the Government Gazette— (a) may declare another State, Territory or country to be a participating jurisdiction for the purposes of this Act; (b) may declare a law of another State, Territory or country to be a corresponding law for the purposes of this Act. (2) The Minister must not make a recommendation for the purposes of sub-section (1) unless satisfied that— (a) there is in force an agreement between the Minister and a Minister of the other State, Territory or country making adequate provision for administrative arrangements between this State and the other State, Territory or country relating to the administration of this Act and the proposed corresponding law of the other State, Territory or country; and (b) there is in force an agreement between the Treasurer and the Treasurer (by whatever name called) of the other State, Territory or country making adequate provision for the taxation of public lotteries and the sharing of taxation revenue. (3) The Governor in Council, on the recommendation of the Minister, by Order in Council published in the Government Gazette may at any time revoke an Order under sub-section (1). s. 59 -- 43 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 40 (4) The Minister must make a recommendation for the purposes of sub-section (3) if satisfied that there is no longer in force the agreement or administrative arrangements referred to in sub- section (2). (5) If there is in force an agreement referred to in sub- section (2)(b)— (a) the Treasurer may pay, in accordance with the agreement, so much of the amount paid into the Consolidated Fund under section 54, and any interest paid under section 55 in respect of that amount, that in the Treasurer's opinion, was paid in respect of entries to public lotteries conducted under this Act that were accepted in the participating jurisdiction; and (b) the Consolidated Fund is appropriated to the extent necessary for payments to be made under paragraph (a). _______________ s. 59 -- 44 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 41 PART 5—COMPLIANCE REQUIREMENTS Division 1—Financial Recording and Reporting 60. Licensee to keep accounts and records A licensee must ensure that there are kept proper accounts and records of the transactions and affairs of the licensee and such other records as sufficiently explain the financial operations and financial position of the licensee. 61. Annual financial statements (1) A licensee must prepare financial statements of the public lotteries conducted by the licensee during each financial year. (2) Financial statements— (a) must be prepared in a form approved by the Minister; and (b) must present fairly the results of the financial transactions of the licensee during the financial year to which they relate and the financial position of the licensee as at the end of that financial year; and (c) must be audited under section 62. (3) The licensee must submit the audited financial statements to the Minister on or before 31 October next following the financial year to which they relate. (4) The Minister must cause the audited financial statements to be laid before each House of the Parliament within 7 sitting days of the House after the Minister receives them. 62. Audit s. 60 s. 62 -- 45 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 42 (1) The financial statements referred to in section 61 must be audited by the Auditor-General. (2) The Auditor-General and any person assisting the Auditor-General has, in respect of the audit of those financial statements, all the powers conferred on the Auditor-General— (a) by the Audit Act 1994 in respect of the audit under that Act of financial statements of authorities; and (b) by any other law relating to the audit of the public accounts. (3) Without limiting sub-section (2)(a), sections 11 and 12 of the Audit Act 1994 apply for the purpose of an audit under this section as if a reference in those sections to an authority were a reference to the licensee. (4) The licensee must pay to the Consolidated Fund an amount to be determined by the Auditor- General to defray the costs and expenses of each audit under this section. 63. Extension of time for annual financial statements (1) A licensee may apply in writing to the Minister for an extension of the date by which the financial statements are to be submitted to the Minister. (2) The Minister may in writing grant the licensee an extension to the date determined by the Minister. (3) The Minister must advise each House of the Parliament of each extension granted under this section and the reasons for the extension. 64. Failure to submit annual financial statements s. 64 -- 46 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 43 If a licensee fails to submit the financial statements to the Minister— (a) if an extension has not been granted under section 63, by 31 October in any year; or (b) if an extension has been granted, by the date to which the extension was granted— the Minister must advise each House of the Parliament of the failure and the reasons for it. 65. Agents and subsidiaries to comply with Division (1) If a licence authorises the licensee to engage any other person to conduct a public lottery on behalf of the licensee, this Division applies to both the licensee and that other person. (2) If an appointment under section 35 is in force, this Division applies to both the licensee and the appointed subsidiary. Division 2—Other Requirements 66. Directions to licensees (1) The Authority may give a licensee a written direction relating to the conduct, supervision or control of the public lottery authorised to be conducted by the licence and the operator must comply with the direction as soon as it takes effect. (2) The direction takes effect when it is given to the licensee or at the later time specified in it. (3) The power conferred by this section includes a power to give a direction to a licensee to adopt, vary, cease or refrain from any practice in respect of the conduct of the public lottery. -- 47 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 44 (4) A direction under this section must not be inconsistent with this Act, the regulations or the licence conditions. 67. Notification of change in situation of licensee, appointed subsidiaries or associates (1) A licensee must give the Authority written notice, within 14 days, of any change in any information given to the Authority or Minister in connection with the application for the licence, an application for amendment of the licence or a request for approval of a subsidiary under section 36. Penalty: 20 penalty units. (2) A licensee, an appointed subsidiary of a licensee or an associate of a licensee or appointed subsidiary must give the Authority written notice, within 14 days, of any other change in situation of a kind specified by the Authority. Penalty: 20 penalty units. (3) The Authority may specify a kind of change in situation for the purposes of sub-section (2) by giving written notice to the licensee, appointed subsidiary or associate, being a kind of change in situation that may be relevant to— (a) the suitability of the licensee or subsidiary to conduct a public lottery; or (b) the suitability of the associate to be concerned in or associated with the ownership, management or operation of a public lottery business. 68. Claims for prize (1) If a claim for a prize in a public lottery is made to a licensee within 12 months after the end of the lottery, the licensee must— (a) immediately try to resolve the claim; and s. 67 -- 48 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 45 (b) if the licensee is not able to resolve the claim, promptly give the claimant written notice— (i) of the licensee's decision on the claim; and (ii) that the claimant may, within 10 days after receiving the notice, ask the Authority to review the decision. (2) If the claim is not resolved, the claimant may ask the Authority— (a) if the claimant has received a notice under sub-section (1)(b), to review the licensee's decision on the claim; or (b) if not, to resolve the claim. (3) A request to the Authority under sub-section (2)— (a) must be in the form approved by the Authority; and (b) if the claimant received a notice under sub- section (1)(b), must be made within 10 days after receiving the notice. (4) If a request is made to the Authority, the Authority may carry out any investigations the Authority considers necessary to resolve matters in dispute. 69. Prizes unclaimed after 12 months If a prize is not claimed within 12 months after the end of the public lottery in which the prize was won, the licensee must pay the amount of the prize in accordance with the Unclaimed Moneys Act 1962. s. 69 -- 49 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 46 70. Complaints (1) A licensee must inquire into— (a) a complaint made to the licensee by a person about— (i) the conduct of a public lottery by the licensee or an appointed subsidiary of the licensee; or (ii) the conduct of an agent of the licensee in operations related to a public lottery; or (b) a complaint referred to the licensee by the Authority under sub-section (3). Penalty: 60 penalty units. (2) Within 21 days after the complaint is received by, or referred to, the licensee, the licensee must give written notice of the result of the inquiry to— (a) the complainant; and (b) if the complaint was referred to the licensee by the Authority, the Authority. Penalty: 60 penalty units. (3) If a complaint is made to the Authority about the conduct of a public lottery, or the conduct of an agent in operations related to a public lottery, the Authority must promptly— (a) inquire into the complaint; or (b) if the Authority considers it appropriate refer the complaint to the licensee. (4) The Authority must promptly advise the complainant of— (a) the result of the Authority's inquiry; or s. 70 -- 50 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 47 (b) the Authority's decision to refer the complaint to the licensee. (5) A complaint must— (a) be in writing; and (b) state the complainant's name and address; and (c) give appropriate details of the complaint. _______________ s. 70 -- 51 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 48 PART 6—INVESTIGATION AND ENFORCEMENT 71. Inspectors (1) A person holding an appointment under Part 10 of the Gaming and Betting Act 1994 is an inspector for the purposes of this Act. (2) A member of the police force has the functions and powers of an inspector under this Act. 72. Rights of inspector in certain premises (1) An inspector may enter and remain on premises where a public lottery is being conducted or the premises of a licensee— (a) at any time when the premises are open to the public; or (b) with the consent in writing of the occupier, at any other time— for the purpose of doing any one or more of the following— (c) observing any of the operations on the premises; (d) ascertaining whether the operation of the premises is being properly conducted, supervised and managed; (e) ascertaining whether the provisions of this Act are being complied with; (f) in any other respect, performing his or her functions under this Act. (2) An inspector who enters premises under sub- section (1) is not authorised to remain on the premises if, on the request of the occupier, the inspector or member does not show his or her identification card to the occupier. s. 71 -- 52 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 49 (3) An occupier who consents in writing to the entry of his or her premises under this section must be given a copy of the signed consent immediately. (4) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry. 73. Functions of inspectors The functions of inspectors under this Act are— (a) to inspect premises used in connection with the conduct of public lotteries; (b) to examine equipment used and records kept in premises used in connection with the conduct of public lotteries for the purpose of ascertaining whether or not the person or body conducting them is complying with the provisions of this Act and the regulations and the licence conditions; (c) to assist in any other manner, where necessary, in the detection of offences committed against this Act or the regulations; (d) to report to the Authority or the Director as required; (e) any other functions that are conferred on inspectors under this Act. 74. Powers of inspectors (1) An inspector may do any one or more of the following— (a) require any person in possession of, or having control of, any equipment used in connection with a public lottery, or any records relating to a public lottery, to produce the equipment or records for s. 73 -- 53 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 50 inspection and to answer questions or provide information relating to the equipment or records; (b) inspect any equipment or records referred to in paragraph (a) and take copies of, extracts from, or notes relating to, any records; (c) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any equipment or records referred to in paragraph (a); (d) by notice in writing require— (i) an executive officer or other representative of a licensee; or (ii) any other person who is or has been associated with the conduct of a public lottery— to attend before the inspector at a specified time or place and answer questions, or provide information, with respect to the conduct of a public lottery; (e) examine and test any equipment used in connection with a public lottery and order the licensee or other person responsible for the equipment to withdraw unsatisfactory equipment from use; (f) call to his or her aid a member of the police force if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the performance of his or her functions; (g) any other thing authorised under this Act to be done by an inspector. s. 74 -- 54 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 51 (2) If an inspector seizes equipment or records under this section, they may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which they may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within a reasonable time after the seizure, with a copy of the records certified by an inspector as a true copy. (3) Sub-section (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that sub-section are instituted so orders. (4) A copy of records provided under sub-section (2) is, as evidence, of equal validity to the records of which it is certified to be a copy. (5) A person must not refuse or fail, without reasonable excuse, to comply with a requirement under sub-section (1). Penalty: 60 penalty units. 75. Search warrants (1) An inspector, with the consent of the Director, or a member of the police force may apply to a magistrate for the issue of a search warrant if the inspector or member believes on reasonable grounds— (a) that there are on any premises any equipment or records relating to the conduct of a public lottery— (i) in relation to which an offence has been, is being, or is likely to be, committed; or (ii) that may be evidence of an offence; or s. 75 -- 55 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 52 (b) that there is or has been a contravention of this Act on any premises other than the premises of a licensee. (2) A magistrate to whom such an application is made, if satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for doing so, may issue in accordance with the Magistrates' Court Act 1989 a search warrant in the form prescribed under that Act authorising an inspector or member of the police force named in the warrant and any assistants to enter the premises, or part of premises, specified in the warrant, for the purpose of searching for and seizing any equipment or records referred to in sub-section (1). (3) A search warrant issued under this section ceases to have effect at the expiration of one month after its issue. 76. Return of items seized (1) If an inspector or a member of the police force seizes a thing under a search warrant issued under section 75, the inspector or member must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned before the end of a period of 28 days after seizure ("the retention period"), the inspector or member of the police force must take reasonable steps to return it unless— (a) proceedings in which the thing may be evidence have commenced within the retention period and those proceedings (including any appeal) have not been completed; or s. 76 -- 56 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 53 (b) a court makes an order under section 77 extending the retention period. 77. Magistrates' Court may extend period (1) An inspector or a member of the police force may apply to the Magistrates' Court within the retention period or within a period extended by the Court under this section for an extension of that period. (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary— (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The Court may adjourn an application to enable notice of the application to be given to any person. 78. Protection against self-incrimination (1) It is a reasonable excuse for a person to refuse or fail to answer questions or provide information that the person is required to answer or provide by or under this Part if the answering of the question or provision of the information would tend to incriminate the person. (2) It is not a reasonable excuse for a person to refuse or fail to produce any equipment or records that a person is required to produce by or under this Part on the ground that the production of the equipment or records would tend to incriminate the person. s. 77 -- 57 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 54 (3) If the person claims, before producing the equipment or records, that production of the equipment or records would tend to incriminate them, the equipment or records are not admissible in evidence against the person in criminal proceedings. _______________ s. 78 -- 58 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 55 PART 7—GENERAL 79. Offences by bodies (1) If a body (whether incorporated or not) contravenes any provision of this Act, each executive officer of the body is to be taken to have contravened the same provision if the executive officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with sub- section (1) whether or not the body has been proceeded against or convicted under that provision. (3) Nothing in this section affects any liability imposed on a body for an offence committed by the body against this Act. 80. Proceedings (1) A proceeding for an offence against this Act (or the regulations) may only be brought by— (a) a member of the police force; or (b) the Authority; or (c) the Director; or (d) a person authorised to do so, either generally or in a particular case, by the Authority or the Director. (2) In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it. s. 79 -- 59 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 56 81. Inquiries by Authority or Secretary (1) For the purpose of performing functions under this Act, the Authority or the Secretary may hold inquiries in public or in private. (2) An inquiry by the Authority is to be presided over by one or more members of the Authority. (3) For the purposes of holding an inquiry the Authority or the Secretary is deemed to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the Evidence Act 1958 applies accordingly. (4) A person may appear at an inquiry personally or be represented by a duly qualified legal practitioner. 82. Secrecy (1) Subject to sub-section (3), a person must not directly or indirectly, except in the performance of functions under this Act, make a record of, or disclose to any person, any information with respect to the affairs of another person acquired by the first-mentioned person— (a) in the performance of those functions; or (b) from an enforcement agency in accordance with a memorandum of understanding under section 83. Penalty: 60 penalty units. (2) Subject to sub-section (6), a person is not, except for the purposes of this Act, required— (a) to produce in a court a document that has come into his or her possession or under his or her control; or s. 81 -- 60 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 57 (b) to disclose to a court any information that has come to his or her notice— in the performance of functions under this Act. (3) A person may— (a) disclose specified information to any persons that the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be so disclosed; or (b) disclose information to a prescribed authority or prescribed person; or (c) disclose information to an enforcement agency in accordance with a memorandum of understanding under section 83; or (d) disclose information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or (e) disclose any of the following information— (i) the name of a licence applicant, the date of the licence application, the date and result of the Minister's determination of the application; (ii) the information contained on the register kept under section 34; (iii) particulars of disciplinary action taken against a licensee; (iv) so much of the reasons for any action of the Minister or the Authority under this Act that reveals matters in the public domain or that, in the opinion of the Minister or Authority, would not constitute an unreasonable disclosure of information relating to the affairs of a s. 82 -- 61 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 58 person or would otherwise be in the public interest to disclose. (4) An authority or person to whom information is disclosed under sub-section (3), and a person or employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing functions under this Act and had acquired the information in the performance of those functions. (5) Nothing in this section or any other Act applies to prohibit or restrict the giving of statistical information with respect to gambling in Victoria to the Authority or the Minister or the publication of that information. (6) If— (a) the Minister certifies that it is necessary in the public interest that specified information should be disclosed to a court; or (b) a person to whom information relates has expressly authorised it to be disclosed to a court— a person may be required— (c) to produce in the court any document containing the information; or (d) to disclose the information to the court. (7) In this section— "court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions; "produce" includes permit access to. 83. Memorandum of understanding s. 82 s. 83 -- 62 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 59 (1) The Authority and an enforcement agency may enter a memorandum of understanding that provides for— (a) the disclosure to the enforcement agency of information with respect to the affairs of a person acquired by the Authority in the performance of functions under this Act; and (b) the disclosure to the Authority of information with respect to the affairs of a person acquired by the enforcement agency. (2) A memorandum of understanding must— (a) specify the kind of information to be disclosed and the purposes for which it may be used; and (b) contain an undertaking that each party to the memorandum— (i) will use information disclosed to it only for the purposes specified in the memorandum; and (ii) consents to the taking of injunctive action to restrain the unauthorised use of the information; and (c) contain a provision that applies the law of Victoria to the disclosure of information to the enforcement agency under the memorandum and an acknowledgment that the parties submit to the non-exclusive jurisdiction of the courts of Victoria. (3) The Authority may enter a memorandum of understanding with an enforcement agency only if the Authority is satisfied that the enforcement agency is capable of entering, and is authorised to enter, the memorandum of understanding as a legally-binding agreement. -- 63 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 60 (4) In this section— "enforcement agency" means a person or body in Victoria or another jurisdiction (whether in or outside Australia)— (a) that is responsible for, or engages in— (i) the administration of a law with respect to gaming or gambling; or (ii) law enforcement generally; or (b) that is approved by the Minister under sub-section (5). (5) For the purposes of sub-section (4), the Minister may, by written notice given to the Authority, approve a person or body that is responsible for, or engages in, the administration of a licensing or other regulatory scheme that requires licensees or other persons regulated to be suitable, or fit and proper, persons. 84. Destruction of finger prints and palm prints (1) Any finger prints or palm prints obtained by the Authority under this Act and any copies of them must be destroyed by the Authority as soon as the Authority has no further use for them. (2) The Authority is to be considered to have no further use for them if— (a) they were obtained in connection with an application for a licence and the application is refused; or (b) the licence in connection with which they were obtained is cancelled, surrendered or no longer in force. 85. Delegation by Authority (1) The Authority may, by instrument under its official seal, delegate to the members of a s. 84 s. 85 -- 64 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 61 committee of the Authority consisting of at least 3 members of the Authority any power of the Authority under this Act other than this power of delegation. (2) The Authority may, by instrument under its official seal, delegate to one or more members of the Authority or the Director any power of the Authority under this Act other than— (a) the power to make a report to the Minister under section 24 or 44(3); or (b) the power to issue a notice under section 44(1); or (c) the power to approve a subsidiary under section 36; or (d) the power to issue a warning or give a notice under section 49; or (e) the power to disallow lottery rules under section 10; or (f) this power of delegation. (3) The Authority must publish in its annual report all delegations under sub-sections (1) and (2) during the previous year. 86. Delegation by Secretary The Secretary may, by instrument, delegate to any person employed in the Department of Treasury and Finance any power of the Secretary under this Act other than this power of delegation. 87. Regulations s. 87 -- 65 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 62 (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstances; (c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority. _______________ -- 66 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 63 PART 8—TATTERSALL CONSULTATIONS 88. Definitions In this Part— "commencement day" means the day on which section 89(1) comes into operation; "consultation" has the same meaning as it had in the Tattersall Consultations Act 1958 immediately before the commencement day; "promoter" means the trustees of the will and estate of the late George Adams; "soccer football pool" has the same meaning as it had in the Tattersall Consultations Act 1958 immediately before the commencement day. 89. Repeal of Tattersall Consultations Act 1958 (1) The Tattersall Consultations Act 1958 is repealed. (2) Despite sub-section (1)— (a) section 6 of the Tattersall Consultations Act 1958, as in force immediately before the commencement day, continues to apply in respect of consultations and soccer football pools conducted under that Act before that day; (b) section 6AAA of the Tattersall Consultations Act 1958, as in force immediately before the commencement day, continues to apply in respect of tickets issued in consultations and soccer football pools under that Act before that day; (c) section 6AA of the Tattersall Consultations Act 1958, as in force immediately before the s. 88 -- 67 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 64 commencement day, continues to apply in respect of subscriptions accepted otherwise than by the issue of a ticket, in consultations and soccer football pools under that Act before that day. (3) All money standing to the credit of the Mental Hospitals Fund under the Tattersall Consultations Act 1958 immediately before the commencement day must be transferred on the commencement day to the Mental Health Fund. (4) In respect of the financial year, or part of the financial year, ending immediately before the commencement day, the amount that would have been payable under section 7(1) of the Tattersall Consultations Act 1958 to the Hospitals and Charities Fund under the Health Services Act 1988 and the Mental Hospitals Fund under the Tattersall Consultations Act 1958 must be paid, in the proportions determined by the Treasurer, into— (a) the Hospitals and Charities Fund under the Health Services Act 1988; and (b) the Mental Health Fund. (5) The Consolidated Fund is appropriated to the extent necessary for payments to be made under sub-section (4). 90. Promoter entitled to public lottery licence (1) The promoter is entitled to a licence under this Act for the conduct of consultations and soccer football pools until 30 June 2007, unless it is surrendered, cancelled or suspended earlier in accordance with this Act or it expires under section 91(3). (2) The Minister may impose any conditions of the following kinds on the promoter's licence— s. 90 -- 68 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 65 (a) conditions to which the promoter's licences to conduct consultations and soccer football pools under the Tattersall Consultations Act 1958 were subject; (b) conditions that are the equivalent of any other requirements that were imposed on the promoter by or under the Tattersall Consultations Act 1958 or the Tattersall Consultations Regulations 1992; (c) conditions to ensure that adequate systems are in place for the conduct of consultations and soccer football pools; (d) conditions for the carrying over of any jackpot prize pools in respect of subscriptions to consultations and soccer football pools accepted before the commencement day to consultations and soccer football pools conducted under this Act. 91. Premium payment by promoter (1) The promoter must pay, as consideration for the public lottery licence under section 90, a premium payment in respect of the period from 1 July 2004 to 30 June 2007. (2) The premium payment is the amount agreed between the promoter and the Minister and is to be paid in the instalments, and at the times, agreed between the promoter and the Minister. (3) If the promoter and the Minister do not agree, on or before 1 July 2002, on the amount of the premium payment, or the instalments and times for payment, the promoter's licence under section 90 expires on 30 June 2004. (4) The promoter is not liable for any premium payment under this Act in respect of the licence s. 91 -- 69 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 66 other than the premium payment under this section. 92. Licence exclusivity (1) The Minister cannot issue a licence under this Act authorising the conduct of a public lottery, other than an AFL footy tipping competition, to any person other than the promoter, if the licence would be in force at any time before 1 July 2004. (2) Sub-section (1) does not apply if the promoter ceases to hold the licence for the conduct of the public lottery. 93. Current consultations and soccer football pools (1) A consultation or soccer football pool being conducted under the Tattersall Consultations Act 1958 immediately before the commencement day may be completed on or after the commencement day as if that Act had not been repealed. (2) For the purposes of sub-section (1), section 7(1) of the Tattersall Consultations Act 1958 applies as if a reference in that section to the Mental Hospitals Fund under that Act were a reference to the Mental Health Fund. 94. Operator taken to be approved An approval by the Authority of a wholly-owned subsidiary of the promoter under section 5B of the Tattersall Consultations Act 1958 that was in force immediately before the commencement day is to be taken, on and after that day, to be an approval under section 36. 95. Promoter's annual report s. 92 s. 95 -- 70 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 67 The promoter must prepare and submit financial statements under section 61 in respect of the financial year ending on 30 June 2001 and the financial year ending on 30 June 2002 in respect of all consultations and soccer football pools conducted by the promoter during each of those years, whether they were conducted under this Act or the Tattersall Consultations Act 1958. 96. Saving of existing agreements with other jurisdictions An agreement in force under section 6A or 6B of the Tattersall Consultations Act 1958 immediately before the commencement day is taken, for the balance of the term of the agreement, to be an agreement made under section 59(2)(b) as if— (a) the jurisdiction with which the agreement was made, or the jurisdiction whose authority or officer made the agreement, were a participating jurisdiction; and (b) the law of that jurisdiction under which the agreement was made were a corresponding law. _______________ -- 71 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 68 PART 9—CONSEQUENTIAL AMENDMENTS 97. Amendment of Club Keno Act 1993 (1) In section 3 of the Club Keno Act 1993, for the definition of "this Act" substitute— ' "this Act" includes the regulations;'. (2) In section 7(5) of the Club Keno Act 1993, for "Mental Hospitals Fund under the Tattersall Consultations Act 1958" substitute "Mental Health Fund under the Public Lotteries Act 2000". (3) In the Club Keno Act 1993, section 14 is repealed. 98. Amendment of Gaming Machine Control Act 1991 In section 137 of the Gaming Machine Control Act 1991, for paragraph (b) substitute— "(b) the Mental Health Fund under the Public Lotteries Act 2000.". 99. Amendment of Gaming No. 2 Act 1997 (1) In section 5(1) of the Gaming No. 2 Act 1997, paragraph (e) is repealed. (2) In section 5(1) of the Gaming No. 2 Act 1997, after paragraph (i) insert— "(j) a public lottery within the meaning of the Public Lotteries Act 2000 conducted under and in accordance with that Act.". (3) In section 29 of the Gaming No. 2 Act 1997, after sub-section (1) insert— "(1A) Despite sub-section (1)(b)(ii), the Director may issue a permit to conduct a lottery to promote a public lottery that is authorised by s. 97 -- 72 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 69 a licence issued under the Public Lotteries Act 2000.". 100. Amendment of Health Services Act 1988 In section 136(2)(c) of the Health Services Act 1988, for "Tattersall Consultations Act 1958" substitute "Public Lotteries Act 2000". 101. Amendment of Interactive Gaming (Player Protection) Act 1999 (1) In section 3 of the Interactive Gaming (Player Protection) Act 1999, in the definition of "gaming Act", after paragraph (f) insert— "(g) the Public Lotteries Act 2000;". (2) In section 5(2) of the Interactive Gaming (Player Protection) Act 1999, paragraph (e) is repealed. (3) In section 5(2) of the Interactive Gaming (Player Protection) Act 1999, after paragraph (h) insert— "(i) a public lottery within the meaning of the Public Lotteries Act 2000 conducted in accordance with that Act, if the player participates by means of a telecommunication device.". 102. Amendment of Lotteries Gaming and Betting Act 1966 In section 16(1) of the Lotteries Gaming and Betting Act 1966, after paragraph (d) insert— "; or (e) to any entry in a public lottery conducted in accordance with the Public Lotteries Act 2000.". s. 100 -- 73 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 70 103. Amendment of Retail Tenancies Reform Act 1998 (1) In section 13(4) of the Retail Tenancies Reform Act 1998, paragraph (k) is repealed. (2) In section 13(4) of the Retail Tenancies Reform Act 1998, before paragraph (l) insert— "(ka) money received for entries in any public lottery within the meaning of the Public Lotteries Act 2000, other than amounts derived as commission or fees on those entries;". ═══════════════ s. 103 -- 74 of 75 -- Act No. 73/2000 Public Lotteries Act 2000 71 ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 September 2000 Legislative Council: 24 October 2000 The long title for the Bill for this Act was "to provide for the lawful conduct of public lotteries, including football pools and competitions, to repeal the Tattersall Consultations Act 1958, to entitle the promoter under that Act to a public lottery licence for consultations and soccer football pools, to make consequential amendments to other Acts and for other purposes." Endnotes -- 75 of 75 --