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This is a Bill, not an Act. For current law, see the Acts databases.

LOTTERIES AMENDMENT BILL 2015

2015

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Andrew Wall)

Lotteries Amendment Bill 2015



Contents

Page





2015

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Andrew Wall)

Lotteries Amendment Bill 2015

A Bill for

An Act to amend the Lotteries Act 1964









The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Lotteries Amendment Act 2015

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Lotteries Act 1964

.

4 New part 1 heading

before section 1, insert

Part 1 Preliminary

5 New part 2 heading

before section 3, insert

Part 2 Lotteries

6 Application

Section 4

relocate to part 1 as section 2B

7 New part 3 heading

before section 8, insert

Part 3 Prohibitions

8 New part 4

before section 12A, insert

Part 4 Lottery agreements

12AA Definitions—pt 4

In this part:

lottery agreement means an agreement between a lottery operator and another person providing for the other person to do 1 or more of the following:

(a) sell lottery tickets;

(b) pay prizes;

(c) promote lotteries conducted by the lottery operator;

(d) any other activity related to lotteries conducted by the lottery operator.

lottery operator means a person who conducts an approved lottery.

12AB Lottery agreements

(1) A lottery operator may enter into a lottery agreement with a person only if—

(a) the person owns and controls a small business; and

(b) the agreement affects the operation of the small business; and

(c) the small business—

(i) is a retail business; and

(ii) operates or intends to operate from retail or commercial premises.

(2) The lottery agreement must state—

(a) the names of each party to the agreement; and

(b) the address of the small business to which the agreement applies; and

(c) the nature of the relationship between the parties, including the responsibilities of each of the parties; and

(d) either—

(i) the period for which the agreement remains in force; or

(ii) that the agreement remains in force until terminated; and

(e) if the agreement provides for its termination by a party to the agreement—how and when it can be terminated; and

(f) any other matter agreed between the person and the lottery operator as a condition of the agreement.

(3) In this section:

full-line supermarket means a large supermarket selling a full range of goods, including packaged groceries, fresh meat, bakery and delicatessen departments, fresh fruit and vegetables and frozen foods.

incorporated limited partnership—see the Partnership Act 1963

, section 51.

partnership—see the Partnership Act 1963

, section 6.

person includes a partnership other than an incorporated limited partnership.

retail business means a business involving—

(a) the sale or hire of goods by retail; or

(b) the supply of services by retail.

small business—

(a) means a business that—

(i) is wholly owned and controlled by an individual, partnership or corporation or trust; and

(ii) is managed by—

(A) for a business owned and controlled by an individual—the individual; or

(B) for a business owned and controlled by a partnership—the partners; or

(C) for a business owned and controlled by a corporation—the directors; or

(D) for a business owned and controlled by a trust—the trustee; and

(iii) either—

(A) employs 15 or fewer people; or

(B) if more than 15 people are employed—the total number of hours worked by all the employees in a week is 570 or fewer; but

(b) does not include—

(i) a full-line supermarket; or

(ii) a service station.

9 Instant lotteries

Section 12A

relocate to part 2 as section 7B

10 New part 5 heading

before section 13, insert

Part 5 Conduct of lotteries

11 New part 6 heading

before section 18A, insert

Part 6 Miscellaneous

12 Dictionary, note 2

insert

• corporation

• individual

13 Dictionary, new definitions

insert

lottery agreement, for part 4 (Lottery agreements)—see section 12AA.

lottery operator, for part 4 (Lottery agreements)—see section 12AA.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 16 September 2015.

2 Notification

Notified under the Legislation Act

on 2015.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.

































© Australian Capital Territory 2015

 

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