Art Unions Act 1992


Queensland Crest
ART UNIONS ACT 1992
Queensland ART UNIONS ACT 1992 Reprinted as in force on 5 October 1998 (includes amendments up to Act No. 14 of 1998) Reprint No. 3B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 5 October 1998. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints.
Queensland ART UNIONS ACT 1992 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2—BASIC CONCEPTS Division 1—What is an art union? Subdivision A—General 5 Meaning of “art union” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Subdivision B—Types of art union 6 Types of art union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subdivision C—Exempt art unions 7 Meaning of “exempt art union” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Meaning of “nonprofit sweep” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9 Meaning of “small private raffle” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10 Meaning of “trade promotion art union” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Meaning of “social bingo” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subdivision D—Non-exempt art unions 12 Meaning of “non-exempt art union” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Meaning of “minor art union” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 14 Meaning of “major art union” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 15 Meaning of “minor bingo” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16 Meaning of “major bingo” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 Meaning of “calcutta sweep” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Meaning of “lucky envelopes” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Art Unions Act 1992 PART 3—ART UNIONS Division 1—Conduct of art unions 20 Conduct of non-exempt art union requires authority . . . . . . . . . . . . . . . . . . . 18 Division 2—Authority to conduct minor art union and major art union Subdivision A—Authority to conduct minor art union 21 Issue and renewal of authorities to conduct minor art unions . . . . . . . . . . . 19 22 Who may apply for permit to conduct minor art union . . . . . . . . . . . . . . . . . 19 23 Who may apply for licence to conduct minor art unions . . . . . . . . . . . . . . . 19 24 When application must be made for authority or renewal . . . . . . . . . . . . . . 19 25 Term of authority and renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Subdivision B—Authority to conduct major art union 26 Issue of permits to conduct major art unions . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 Who may apply for permit to conduct major art union . . . . . . . . . . . . . . . . . 20 28 When application must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Term of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 30 Special committee and promoter of major art union . . . . . . . . . . . . . . . . . . 21 31 Function of promoter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 32 Function of special committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33 Disqualifications from appointment to special committee and as promoter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 34 Written consent necessary for appointment to special committee or as promoter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 35 Resignation from special committee or as promoter . . . . . . . . . . . . . . . . . . 23 36 Vacancy in appointment to be filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Subdivision C—General 37 Matters to be considered by chief executive in deciding whether to issue or renew authority under division . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 3—Conduct of bingo Subdivision A—Authority to conduct minor bingo 38 Issue of authorities to conduct minor bingo . . . . . . . . . . . . . . . . . . . . . . . . . . 24 39 Who may apply for permit or endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . 24 40 When application must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 41 Term of permit or endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3 Art Unions Act 1992 Subdivision B—Authority to conduct major bingo 42 Issue of permits to conduct major bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 43 Who may apply for permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 44 Special committee and promoter of major bingo . . . . . . . . . . . . . . . . . . . . . 25 45 When application must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 46 Term of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 47 High roller session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 48 Gross proceeds not to exceed prescribed amount . . . . . . . . . . . . . . . . . . . . . 27 Subdivision C—Authority to conduct bingo centres 49 Issue and renewal of bingo centre licences . . . . . . . . . . . . . . . . . . . . . . . . . . 27 50 Restriction on use of premises for minor and major bingo . . . . . . . . . . . . . . 27 51 Owner or occupier must not permit use of premises not licensed as bingo centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 52 Requirements of applicant for bingo centre licence . . . . . . . . . . . . . . . . . . . 28 53 When application must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 54 Term of licence and renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Subdivision D—General 55 Matters to be considered by chief executive in deciding whether to issue or renew authority under division . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 4—Authority to conduct calcutta sweep 56 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 57 Issue of permits to conduct calcutta sweeps . . . . . . . . . . . . . . . . . . . . . . . . . 30 58 Who may apply for calcutta sweep permit . . . . . . . . . . . . . . . . . . . . . . . . . . 30 59 When application must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 60 Matters to be considered by chief executive in deciding whether to issue calcutta sweep permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 5—Lucky envelopes Subdivision A—Authority to sell lucky envelopes 61 Issue and renewal of licences to sell lucky envelopes . . . . . . . . . . . . . . . . . 31 62 Who may apply for a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 63 When application must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 64 Term of licence and renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 65 Sale of lucky envelopes from vending machines . . . . . . . . . . . . . . . . . . . . . 31
4 Art Unions Act 1992 66 Approval of lucky envelope vending machines . . . . . . . . . . . . . . . . . . . . . . . 32 67 Sale of lucky envelopes on licensed premises where liquor is sold . . . . . . 32 68 Business of selling lucky envelopes in retail shopping centre prohibited . . 32 Subdivision B—Licence to print and supply or supply lucky envelopes 69 Issue and renewal of licences to print and supply etc. lucky envelopes . . . 33 70 Printers and suppliers must be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 71 Lucky envelopes printed by unlicensed person etc. not to be supplied . . . . 33 72 When application must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 73 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Subdivision C—General 74 Matters to be considered by chief executive in deciding whether to issue or renew licence under division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 6—General 75 Liability of management committee etc. for conduct of art union . . . . . . . 35 PART 5—GENERAL PROVISIONS RELATING TO AUTHORITIES 87 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 88 Inspection before issue or renewal of authority . . . . . . . . . . . . . . . . . . . . . . . 36 89 Chief executive may require further information . . . . . . . . . . . . . . . . . . . . . 37 90 Conditions of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 91 Amendment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 92 Written notice of refusal to issue authority to be given . . . . . . . . . . . . . . . . 38 PART 6—FUNCTIONS OF HOLDER OF AUTHORITY 93 Holder of authority to comply with conditions of authority . . . . . . . . . . . . . 38 94 Holder of authority to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 95 Direction by chief executive to authority holder to take action . . . . . . . . . 38 96 Cancellation or suspension of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 97 Suspension of authority in exceptional circumstances . . . . . . . . . . . . . . . . . 41 98 Application for lifting of suspension of authority . . . . . . . . . . . . . . . . . . . . . 41 99 Application for lifting of suspension of authority to be determined within 30 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 100 Term of authority to include period of suspension . . . . . . . . . . . . . . . . . . . . 42 101 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5 Art Unions Act 1992 PART 7—ADMINISTRATION 102 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 103 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 104 Proof of identity as inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 105 Register to be maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 106 Search and copy from register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 8—INVESTIGATION AND ENFORCEMENT 107 Entry and search—monitoring compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 45 108 Entry and search—evidence of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 109 General powers of inspector in relation to places . . . . . . . . . . . . . . . . . . . . . 47 110 Offence related warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 111 Warrants may be granted by telephone, facsimile, radio etc. . . . . . . . . . . . 49 112 Inspector may require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 113 Power to require answers to questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 114 Other powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 115 Obstruction of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 116 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 117 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 118 Fraud in relation to art unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 119 Stealing art union prizes and proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 120 Impersonation of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 PART 9—MISCELLANEOUS 123 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 124 Chief executive may inquire into applications . . . . . . . . . . . . . . . . . . . . . . . 55 125 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 126 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 PART 11—TRANSITIONAL PROVISIONS 127 References to earlier Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 58
6 Art Unions Act 1992 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
s1 7 s3 Art Unions Act 1992 ART UNIONS ACT 1992 [as amended by all amendments that commenced on or before 5 October 1998] An Act to provide for the conduct of art unions, and for related purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Art Unions Act 1992 . ˙ Objects of Act 3. The objects of the Act include ensuring— (a) the maintenance of appropriate standards for the conduct of art unions; and (b) that the community obtains reasonable net benefits from the conduct of art unions; and (c) the integrity of art unions; and (d) that practices that could damage public confidence in art unions are eliminated; and (e) that bingo centre operators provide premises and facilities of a suitable and appropriate standard; and (f) that public confidence and trust in the purchase of art union tickets as a worthwhile way of supporting the fundraising activities of eligible associations are maintained; and (g) that eligible associations achieve operational efficiencies and reasonable net returns in the conduct of art unions.
s4 8 s4 Art Unions Act 1992 ˙ Definitions 4. In this Act— “art union” has the meaning given by section 5. “association” means an association of persons (whether or not incorporated). “authority” means— (a) a permit, licence or approval; or (b) an endorsement of a minor art union licence to permit the conduct of minor bingo. “bingo” means the games known as bingo, housie and housie-housie, and includes a game of a similar kind (whatever it is known as). “bingo premises” means premises that are used for the conduct of bingo sessions. “calcutta sweep” has the meaning given by section 17. “charitable purpose” means— (a) the purpose of helping or assisting persons who are residents of the State and— (i) are persons with a disability within the meaning of the Disability Services Act 1992 ; or (ii) need help or assistance because of their age (whether young or old), sickness, infirmity, bereavement, poverty or unemployment; or (iii) need help or assistance because their property has been damaged or destroyed by or because of a natural disaster; or (iv) are dependants of persons mentioned in subparagraphs (i) to (iii); or (b) another purpose prescribed for the purposes of this definition. “community purpose” means the purpose of promoting the general welfare of the public, or a section of the public, in the State (other than for private or commercial gain). “conduct” includes promote, organise, manage, control and operate.
s4 9 s4 Art Unions Act 1992 “constituent unit” of an eligible association means a branch, sub-branch, committee, council or other body of persons established under the rules (whatever called) of the association. “educational purpose” means— (a) the purpose of helping or assisting any of the following— (i) a school, college (including a State college within the meaning of the Vocational Education, Training and Employment Act 1991 ), university or other educational institution; (ii) a school of arts or public library; established, or proposed to be established, in the State (other than for private or commercial gain); or (b) another purpose prescribed for the purposes of this definition. “eligible association” means— (a) an association that was formed, and is operated, principally for— (i) a charitable purpose; or (ii) a religious purpose; or (iii) an educational purpose; or (iv) a patriotic purpose; or (v) a sporting purpose; or (vi) a community purpose; or (b) a parents and citizens association formed under the Education (General Provisions) Act 1989 ; or (c) a registered political party within the meaning of the Electoral Act 1992 ; and includes a constituent unit of the association or party. “exempt art union” has the meaning given by section 7. “Gaming Act” means any of the following Acts— Casino Control Act 1982
s 4 10 s 4 Art Unions Act 1992 Gaming Machine Act 1991 Keno Act 1996 . “gross proceeds” of an art union means the total value of tickets sold in the art union. “high roller session” means a major bingo session in which the gross proceeds for the session may be up to twice the amount permitted under section 48 (Gross proceeds not to exceed prescribed amount) for a bingo session that is not a high roller session. “holder” of an authority means the person named in the authority as the person to whom the authority is issued. “issued” includes given. “licensed premises” means licensed premises within the meaning of the Liquor Act 1992 . “lucky envelopes” has the meaning given by section 18. “major art union” has the meaning given by section 14. “major bingo” has the meaning given by section 16. “management committee” of an eligible association means the committee or other body of persons, whatever called, that conducts the affairs of the association. “minor art union” has the meaning given by section 13. “minor bingo” has the meaning given by section 15. “multiple drawing art union” means an art union in which prize winners are determined by way of at least— (a) 1 intermediate drawing; and (b) a final drawing that takes place at least 1 day later than the intermediate draw or the last intermediate draw. “non-exempt art union” has the meaning given by section 12. “nonprofit sweep” has the meaning given by section 8. “patriotic purpose” means— (a) the purpose of helping or assisting members of the Australian Defence Force (the ‘ADF’), or members of the armed forces of
s 4 11 s 4 Art Unions Act 1992 another country with whom members of the ADF are serving, by providing— (i) things for the comfort or convenience of the members of the ADF, or the members of the forces of the other country, in the State or outside Australia; or (ii) functions in the State to farewell or welcome the members mentioned in paragraph (a); during a war, defence emergency or United Nations peacekeeping operations in which members of the ADF are involved; or (b) another purpose prescribed for the purpose of this definition. “place” includes vacant land and premises. “premises” includes— (a) a building or structure, or part of a building or structure, of any kind; and (b) the land on which a building or structure is situated. “promoter” of a major art union means the individual who is appointed— (a) under section 30 (Special committee and promoter of major art union) as the promoter of the major art union; or (b) under section 36 (Vacancy in appointment to be filled) to fill a vacancy in an appointment as promoter. “religious purpose” means— (a) the purpose of helping or assisting a church, mosque, pagoda, synagogue, temple or other religious body that is established, or proposed to be established, in the State; or (b) another purpose prescribed for the purposes of this definition. “retail shopping centre” means a retail shopping centre within the meaning of the Retail Shop Leases Act 1994 . “session” of bingo means a period during which the prescribed number of games of bingo are played. “small private raffle” has the meaning given by section 9. “social bingo” has the meaning given by section 11.
s 5 12 s 5 Art Unions Act 1992 “special committee” for a major art union means the committee appointed by the relevant eligible association under section 30 (Special committee and promoter of major art union). “sporting purpose” means— (a) the purpose of helping or assisting an association (other than a horse race club, harness race club or greyhound race club within the meaning of the Racing and Betting Act 1980 ) in the promotion, furtherance or control in the State of any sporting activity of a recreational nature; or (b) another purpose prescribed for the purpose of this definition. “start” of an art union means the time when the sale or distribution of tickets to ticket holders in the art union begins. “sweep” means an art union in which the prize winners are determined by the result of a future sporting event. “ticket” , in relation to an art union, means a document or thing that evidences, or is intended to evidence, a person’s right to take part in the art union. PART 2—BASIC CONCEPTS Division 1—What is an art union? Subdivision A—General ˙ Meaning of “art union” 5.(1) An “art union” is a game, scheme or arrangement offering prizes (whether or not tickets are sold or distributed) in which the winners are determined— (a) wholly or partly by chance; or (b) by a competition or other activity having an outcome depending on fate, for example, a guessing competition.
s 6 13 s 7 Art Unions Act 1992 (2) “Art unions” include— (a) bingo; and (b) calcutta sweeps; and (c) lotteries; and (d) lucky envelopes; and (e) raffles; and (f) trade promotion art unions; and (g) sweeps that are not calcutta sweeps; and (h) similar games, schemes or arrangements. (3) However, the following are not art unions— (a) a lottery conducted under the Lotteries Act 1997 , or under arrangements approved under that Act; (b) a game authorised under the Interactive Gambling (Player Protection) Act 1998 . Subdivision B—Types of art union ˙ Types of art union 6.(1) Art unions are— (a) exempt art unions; or (b) non-exempt art unions. (2) Subdivision C deals with exempt art unions. (3) Subdivision D deals with non-exempt art unions. Subdivision C—Exempt art unions ˙ Meaning of “exempt art union” 7. An “exempt art union” is any of the following art unions—
s 8 14 s 9 Art Unions Act 1992 (a) a nonprofit sweep; (b) a small private raffle; (c) a trade promotion art union; (d) social bingo. ˙ Meaning of “nonprofit sweep” 8. A “nonprofit sweep” is a sweep in which— (a) the gross proceeds of the sweep are not more than— (i) $500; or (ii) if a greater amount is prescribed—that amount; and (b) the whole of the gross proceeds are distributed to the prize winners in the sweep; and (c) all tickets in the sweep are sold on the day of the sporting event to which the sweep relates. ˙ Meaning of “small private raffle” 9. A “small private raffle” is a raffle in which— (a) tickets are sold only to— (i) persons who all— (A) work or live on the same premises; or (B) work for the same employer; or (ii) persons who are all members of, or are genuine guests of, an association formed for a common purpose; or (iii) another class of persons prescribed for the purposes of this section; and (b) the gross proceeds of the raffle are not more than— (i) $500; or (ii) if a greater amount is prescribed—that amount; and (c) a proportion (or the whole) of the total gross proceeds of the
s 10 15 s 10 Art Unions Act 1992 raffle is to be allocated towards prizes for that raffle and the balance (if any) applied towards furthering the objects of an association; and (d) the sale of tickets and the declaration of the results of the raffle take place within 8 days. ˙ Meaning of “trade promotion art union” 10. A “trade promotion art union” is an art union in which— (a) the art union is conducted— (i) for the purpose of promoting the sale of goods or services; or (ii) in connection with a competition conducted for the purpose of promoting the sale of goods or services; and (b) no entry fee is charged to participate in the art union or in a competition in relation to which the art union is conducted; and (c) every notice or advertisement issued in relation to the art union states— (i) the name and address of the person conducting the art union; and (ii) the date when the art union is to be drawn; and (iii) each prize provided in the art union and its recommended retail value; and (iv) any other information that is prescribed; and (d) if it is necessary to purchase goods or services to enter the competition—the cost of goods or services must not be more than the prevailing market price; and (e) the declaration of the results of the art union takes place within 1 year of the start of the art union; and (f) the prescribed conditions (if any) are complied with.
s 11 16 s 12 Art Unions Act 1992 ˙ Meaning of “social bingo” 11. “Social bingo” is bingo at which— (a) no admission fee is charged to the premises where the bingo is conducted; and (b) tickets are sold only to— (i) persons who all— (A) work or live on the same premises; or (B) work for the same employer; or (ii) persons who are all members of, or are genuine guests of, an association formed for a common purpose; or (iii) another class of persons prescribed for the purposes of this section; and (c) the price of each card is the same and is not more than— (i) 10c; or (ii) if a greater amount is prescribed—that amount; and (d) all money received from the sale of tickets in a session is returned to the players in that session in the form of prizes; and (e) the gross proceeds of all games in the session are not more than— (i) $500; or (ii) if a greater amount is prescribed—that amount; and (f) the premises where the bingo is conducted are not licensed premises. Subdivision D—Non-exempt art unions ˙ Meaning of “non-exempt art union” 12. A “non-exempt art union” is any of the following art unions— (a) a minor art union;
s 13 17 s 16 Art Unions Act 1992 (b) a major art union; (c) minor bingo; (d) major bingo; (e) a calcutta sweep; (f) lucky envelopes. ˙ Meaning of “minor art union” 13. A “minor art union” is an art union the gross proceeds of which are not more than— (a) $5 000; or (b) if a greater amount is prescribed—that amount; but does not include bingo, lucky envelopes or a calcutta sweep. ˙ Meaning of “major art union” 14. A “major art union” is an art union the gross proceeds of which are more than— (a) $5 000; or (b) if a greater amount is prescribed—that amount; but does not include bingo, lucky envelopes or a calcutta sweep. ˙ Meaning of “minor bingo” 15. “Minor bingo” is bingo the gross proceeds of each session of which are not more than— (a) $1 000; or (b) if a greater amount is prescribed—that amount. ˙ Meaning of “major bingo” 16. “Major bingo” is bingo the gross proceeds of each session of which are more than—
s 17 18 s 20 Art Unions Act 1992 (a) $1 000; or (b) if a greater amount is prescribed—that amount. ˙ Meaning of “calcutta sweep” 17. A “calcutta sweep” is a sweep in which the names of the entrants in the sporting event are not allocated for a fixed price to the participants in the sweep but are auctioned off to the highest bidder before the event. ˙ Meaning of “lucky envelopes” 18. “Lucky envelopes” is— (a) the game known as lucky envelopes, break-open, pull-tab or lucky numbers; or (b) a similar game (whatever called); the gross proceeds of which do not exceed— (c) $1 500; or (d) if a greater amount is prescribed—that amount. PART 3—ART UNIONS Division 1—Conduct of art unions ˙ Conduct of non-exempt art union requires authority 20. A person must not conduct a non-exempt art union unless the person is authorised to conduct the art union under— (a) an authority under this Act; or (b) another Act. Maximum penalty—100 penalty units.
s 21 19 s 24 Art Unions Act 1992 Division 2—Authority to conduct minor art union and major art union Subdivision A—Authority to conduct minor art union ˙ Issue and renewal of authorities to conduct minor art unions 21. The chief executive may— (a) issue a permit to conduct a minor art union; and (b) issue a licence to conduct minor art unions; and (c) renew a licence to conduct minor art unions. ˙ Who may apply for permit to conduct minor art union 22. An eligible association may apply for a permit to conduct a minor art union. ˙ Who may apply for licence to conduct minor art unions 23. An eligible association that is— (a) an incorporated eligible association; or (b) a parents and citizens association formed under the Education (General Provisions) Act 1989 ; or (c) a prescribed eligible association; or (d) a constituent unit of an eligible association mentioned in paragraph (a), (b) or (c); may apply for a licence to conduct minor art unions. ˙ When application must be made for authority or renewal 24.(1) An application for a permit to conduct a minor art union must be made at least 14 days before the proposed start of the minor art union. (2) An application for the issue of a licence to conduct minor art unions must be made at least 14 days before the proposed start of the first minor art union that the applicant intends to conduct under the licence.
s 25 20 s 28 Art Unions Act 1992 (3) An application for the renewal of a licence to conduct minor art unions must be made at least 30 days, or such shorter time as the chief executive allows in a particular case, before the licence expires. ˙ Term of authority and renewal 25.(1) The term of a permit to conduct a minor art union (other than a multiple drawing art union) is the term (not longer than 4 months) specified by the chief executive in the permit. (2) The term of a permit to conduct a minor art union that is a multiple drawing art union is the term (not longer than 10 months) specified by the chief executive in the permit. (3) The term of a licence to conduct minor art unions, and each renewal of the licence, is the term (not longer than 3 years) specified by the chief executive in the licence or renewal. (4) This section does not prevent the earlier cancellation of a permit or licence. Subdivision B—Authority to conduct major art union ˙ Issue of permits to conduct major art unions 26. The chief executive may issue a permit to conduct a major art union. ˙ Who may apply for permit to conduct major art union 27. An eligible association may apply for a permit to conduct a major art union. ˙ When application must be made 28. An application for a permit to conduct a major art union must be made at least 21 days before the proposed start of the major art union.
s 29 21 s 31 Art Unions Act 1992 ˙ Term of permit 29.(1) The term of a permit to conduct a major art union (other than a multiple drawing art union) is the term (not longer than 4 months) specified by the chief executive in the permit. (2) If, on the application of the holder of a permit to conduct a major art union (other than a permit to conduct a multiple drawing art union), the chief executive is satisfied that exceptional circumstances exist in relation to the art union, the chief executive may extend the term of the permit for such period as the chief executive considers appropriate. (3) The total term of a permit extended under subsection (2) must not be longer than 6 months. (4) The term of a permit to conduct a major art union that is a multiple drawing art union is the term (not longer than 10 months) specified by the chief executive in the permit. (5) This section does not prevent the earlier cancellation of a permit. ˙ Special committee and promoter of major art union 30. Before applying for a permit to conduct a major art union, the management committee of an eligible association must appoint— (a) 3 or more individuals to form a special committee of the association for the art union; and (b) another individual as the promoter of the art union. ˙ Function of promoter 31.(1) The promoter of a major art union is to conduct the art union. (2) In promoting the art union, the promoter is to be subject to— (a) section 75 (Liability of management committee etc. for conduct of art union); and (b) a lawful direction relating to the conduct of the art union given by—
s 32 22 s 33 Art Unions Act 1992 (i) the management committee of the eligible association that is the holder of the permit to conduct the art union; and (ii) the special committee for the art union. ˙ Function of special committee 32.(1) The special committee for a major art union is to supervise the promoter’s conduct of the art union. (2) In supervising the promoter, the special committee is to be subject to— (a) section 75 (Liability of management committee etc. for conduct of art union); and (b) a lawful direction relating to the conduct of the art union given by the management committee of the eligible association that is the holder of the permit to conduct the art union. ˙ Disqualifications from appointment to special committee and as promoter 33. A person who— (a) is or becomes an undischarged bankrupt or is taking advantage or takes advantage of the laws in force for the time being relating to bankruptcy; or (b) has been or is convicted of an offence under— (i) this Act; or (ii) the Criminal Code, part 6; or (iii) a law outside Queensland that, if committed in Queensland, would be an offence mentioned in subparagraph (ii); or (c) is or becomes a patient within the meaning of the Mental Health Act 1974 ; is not capable of being, or continuing to be, a member of a special committee for an art union or a promoter of an art union.
s 34 23 s 37 Art Unions Act 1992 ˙ Written consent necessary for appointment to special committee or as promoter 34. The management committee of an eligible association may appoint an individual to the special committee for an art union, or as a promoter of an art union, only if the individual agrees in writing to the appointment before it is made. ˙ Resignation from special committee or as promoter 35. A person may resign from an appointment to a special committee for an art union, or as promoter of an art union, by signed notice given to the management committee of the eligible association that has applied for, or holds, the permit to conduct the art union. ˙ Vacancy in appointment to be filled 36.(1) The management committee of an eligible association that has applied for, or holds, a permit to conduct a major art union must ensure that a vacancy in an appointment to a special committee for the art union, or as promoter of the art union, is filled within 7 days of the appointment becoming vacant. Maximum penalty—5 penalty units. (2) Subsection (1) does not require the filling of a vacancy in an appointment to the special committee if, after the vacancy arises, there are still at least 3 members on the special committee. Subdivision C—General ˙ Matters to be considered by chief executive in deciding whether to issue or renew authority under division 37.(1) In deciding whether to issue or renew an authority under this division, the chief executive must consider— (a) whether the applicant is capable of complying with this Act and the conditions to which the authority would be subject; and
s 38 24 s 40 Art Unions Act 1992 (b) whether the applicant is fulfilling or would be able to fulfil the objects for which it was formed; and (c) if the application is for a permit to conduct a major art union—whether each member of the special committee for the art union, the promoter of the art union and each person proposed to be engaged in the conduct of, or to provide services directly related to the conduct of, the art union is a fit and proper person. (2) Subsection (1) does not limit the matters that the chief executive may consider in deciding whether to issue or renew an authority under this division. Division 3—Conduct of bingo Subdivision A—Authority to conduct minor bingo ˙ Issue of authorities to conduct minor bingo 38. The chief executive may— (a) issue a permit to conduct minor bingo; and (b) endorse a minor art union licence to permit the conduct of minor bingo. ˙ Who may apply for permit or endorsement 39.(1) An eligible association may apply for a permit to conduct minor bingo. (2) The holder of a minor art union licence may apply to have the licence endorsed to permit the conduct of minor bingo. ˙ When application must be made 40. An application for— (a) a permit to conduct minor bingo; or
s 41 25 s 44 Art Unions Act 1992 (b) the endorsement of a minor art union licence to permit the conduct of minor bingo; must be made at least 14 days before the first minor bingo session that the applicant proposes to conduct under the permit or the endorsement. ˙ Term of permit or endorsement 41.(1) The term of a permit to conduct minor bingo is the term (not longer than 1 year) specified by the chief executive in the permit. (2) The term of an endorsement of a minor art union licence to permit the conduct of minor bingo is the term specified in the endorsement (not longer than the balance of the term of the licence). (3) This section does not prevent the earlier cancellation of a permit or endorsement. Subdivision B—Authority to conduct major bingo ˙ Issue of permits to conduct major bingo 42. The chief executive may issue a permit to conduct major bingo. ˙ Who may apply for permit 43. An eligible association may apply for a permit to conduct major bingo. ˙ Special committee and promoter of major bingo 44. The following sections apply, with all necessary modifications, to the conduct of major bingo as if major bingo were a major art union— (a) section 30 (Special committee and promoter of major art union); (b) section 31 (Function of promoter); (c) section 32 (Function of special committee); (d) section 33 (Disqualifications from appointment to special committee and as promoter);
s 45 26 s 47 Art Unions Act 1992 (e) section 34 (Written consent necessary for appointment to special committee or as promoter); (f) section 35 (Resignation from special committee or as promoter); (g) section 36 (Vacancy in appointment to be filled). ˙ When application must be made 45. An application for a permit to conduct major bingo must be made at least 21 days before the first major bingo session that the applicant proposes to conduct under the permit. ˙ Term of permit 46.(1) The term of a permit to conduct major bingo is the term (not longer than 6 months) specified by the chief executive in the permit. (2) This section does not prevent the earlier cancellation of a permit. ˙ High roller session 47.(1) If the holder of a permit to conduct major bingo satisfies the chief executive that it will, during the term of the permit, conduct at least 22 major bingo sessions at premises other than premises in relation to which a bingo centre licence has been issued under subdivision C, the chief executive may endorse the permit to authorise the holder of the permit to conduct, during the term of the permit, at specified premises that are not premises in relation to which such a licence has been issued, a maximum of 2 high roller sessions at the times specified in the permit. (2) The chief executive must not endorse the permit in a way that would authorise the holder to conduct more than 4 high roller sessions in a calendar year. (3) The holder of a permit to conduct major bingo must not conduct a high roller session unless the session is authorised to be conducted by an endorsement of a permit made under subsection (1). Maximum penalty—20 penalty units.
s 48 27 s 51 Art Unions Act 1992 ˙ Gross proceeds not to exceed prescribed amount 48. The holder of a permit to conduct major bingo must ensure that— (a) the gross proceeds of each bingo session conducted under the permit (other than a high roller session) is not more than— (i) $6 000; or (ii) if a greater amount is prescribed—that amount; or (b) the gross proceeds of each high roller session conducted under the permit is not more than twice the amount provided under paragraph (a) for a bingo session that is not a high roller session. Maximum penalty—20 penalty units. Subdivision C—Authority to conduct bingo centres ˙ Issue and renewal of bingo centre licences 49. The chief executive may— (a) issue a bingo centre licence in relation to premises; and (b) renew a bingo centre licence. ˙ Restriction on use of premises for minor and major bingo 50. Nine or more associations that are authorised under this division to conduct minor bingo or major bingo must not conduct minor bingo or major bingo at the same premises unless the premises are licensed as a bingo centre. ˙ Owner or occupier must not permit use of premises not licensed as bingo centre 51. An owner or occupier of premises who is not the holder of a bingo centre licence in relation to the premises must not permit or allow 9 or more eligible associations to conduct minor bingo or major bingo at the premises. Maximum penalty—25 penalty units.
s 52 28 s 54 Art Unions Act 1992 ˙ Requirements of applicant for bingo centre licence 52. The following requirements apply to an applicant for a bingo centre licence for premises— (a) the applicant must be an association (the “applicant association” ) incorporated under the Associations Incorporation Act 1981 ; (b) the applicant association’s ordinary members must consist only of individuals (the “individuals” ), appointed by each of the eligible associations conducting, or intending to conduct, minor bingo or major bingo at the premises, as representatives of the eligible associations; (c) each individual must be an ordinary member of the eligible association that appointed the individual; (d) the number of individuals appointed to the applicant association by each eligible association must be the same. ˙ When application must be made 53.(1) An application for the issue of a bingo centre licence for premises must be made at least 60 days, or such shorter time as the chief executive allows in a particular case, before the premises are proposed to be used as a bingo centre. (2) An application for renewal of a bingo centre licence must be made at least 30 days, or such shorter time as the chief executive allows in a particular case, before the licence expires. ˙ Term of licence and renewal 54.(1) The term of a bingo centre licence, and each renewal of the licence, is the term (not longer than 1 year) specified by the chief executive in the licence or renewal. (2) This section does not prevent the earlier cancellation of a permit.
s 55 29 s 55 Art Unions Act 1992 Subdivision D—General ˙ Matters to be considered by chief executive in deciding whether to issue or renew authority under division 55.(1) In deciding whether to issue or renew an authority under this division, the chief executive must consider— (a) if the application is for a permit to conduct minor bingo or major bingo—whether— (i) the applicant is capable of complying with this Act and the conditions to which the permit would be subject; and (ii) the applicant is fulfilling or would be able to fulfil the objects for which it was formed; and (b) if the application is for a permit to conduct major bingo—whether each member of the special committee for the bingo, the promoter of the bingo and each person proposed to be engaged in the conduct of, or to provide services directly related to the conduct of, the major bingo is a fit and proper person; and (c) if the application is for a bingo centre licence—whether— (i) the applicant is capable of complying with this Act and any conditions to which the licence would be subject; and (ii) the practices and procedures followed, or proposed to be followed, by the applicant in the conduct of the bingo centre are adequate to ensure, to the greatest extent reasonably possible— (A) the integrity of bingo games conducted at the bingo centre; and (B) the elimination of opportunity for sharp or dishonest practices that could damage public confidence in the bingo games conducted at the bingo centre; and (iii) the premises and the facilities provided, or to be provided, at the premises (including facilities for the conduct of bingo) are suitable and of an appropriate standard. (2) Subsection (1) does not limit the matters that the chief executive may
s 56 30 s 60 Art Unions Act 1992 consider in deciding whether to issue or renew an authority under this division. Division 4—Authority to conduct calcutta sweep ˙ Definition 56. In this division— “eligible association” includes— (a) a horse race club, harness race club and greyhound race club within the meaning of the Racing and Betting Act 1980 ; and (b) any other association. ˙ Issue of permits to conduct calcutta sweeps 57. The chief executive may issue a permit to conduct a calcutta sweep. ˙ Who may apply for calcutta sweep permit 58. An eligible association may apply for a permit to conduct a calcutta sweep. ˙ When application must be made 59. An application for a permit to conduct a calcutta sweep must be made at least 14 days before the proposed start of the calcutta sweep. ˙ Matters to be considered by chief executive in deciding whether to issue calcutta sweep permit 60.(1) In deciding whether to issue a permit to conduct a calcutta sweep, the chief executive must consider whether the applicant is capable of complying with this Act and the conditions to which the permit would be subject. (2) Subsection (1) does not limit the matters that the chief executive may consider in deciding whether to issue a permit to conduct a calcutta sweep.
s 61 31 s 65 Art Unions Act 1992 Division 5—Lucky envelopes Subdivision A—Authority to sell lucky envelopes ˙ Issue and renewal of licences to sell lucky envelopes 61. The chief executive may— (a) issue a licence to sell lucky envelopes; and (b) renew a licence to sell lucky envelopes. ˙ Who may apply for a licence 62. An eligible association may apply for a licence to sell lucky envelopes. ˙ When application must be made 63.(1) An application for a licence to sell lucky envelopes must be made at least 14 days before the day on which the applicant first proposes to sell lucky envelopes under the licence. (2) An application for the renewal of a licence to sell lucky envelopes must be made at least 30 days, or such shorter time as the chief executive allows in a particular case, before the licence expires. ˙ Term of licence and renewal 64.(1) The term of a licence to sell lucky envelopes is from the day of issue of the licence to the next 31 December unless a shorter term is specified by the chief executive in the licence. (2) The term of each renewal of a licence to sell lucky envelopes is the term (not longer than 1 year) specified by the chief executive in the renewal. ˙ Sale of lucky envelopes from vending machines 65. The holder of a licence to sell lucky envelopes must not sell lucky envelopes from a vending machine unless the vending machine is, or the
s 66 32 s 68 Art Unions Act 1992 make and model of the vending machine are, approved by the chief executive. Maximum penalty—20 penalty units. ˙ Approval of lucky envelope vending machines 66.(1) An application may be made to the chief executive for the approval of— (a) a lucky envelope vending machine; or (b) a make and model of lucky envelope vending machine. (2) If the chief executive is satisfied that— (a) the supplier of the lucky envelope vending machine is a fit and proper person to be supplying the machine; and (b) the machine or the make and model of the machine complies with the prescribed requirements; the chief executive may approve the machine or the make and model of machine. ˙ Sale of lucky envelopes on licensed premises where liquor is sold 67. The holder of a licence to sell lucky envelopes must not sell lucky envelopes on licensed premises where liquor is sold other than from a lucky envelope vending machine, or a make and model of lucky envelope vending machine, that has been approved by the chief executive under section 66 (Approval of lucky envelope vending machines). Maximum penalty—20 penalty units. ˙ Business of selling lucky envelopes in retail shopping centre prohibited 68. A person must not carry on the business of selling lucky envelopes from premises in a retail shopping centre. Maximum penalty—50 penalty units.
s 69 33 s 72 Art Unions Act 1992 Subdivision B—Licence to print and supply or supply lucky envelopes ˙ Issue and renewal of licences to print and supply etc. lucky envelopes 69. The chief executive may— (a) issue a licence to print and supply lucky envelopes; and (b) issue a licence to supply lucky envelopes; and (c) renew a licence to print and supply, or supply, lucky envelopes. ˙ Printers and suppliers must be licensed 70. A person must not print or supply lucky envelopes unless the person is licensed to do so. Maximum penalty—50 penalty units. ˙ Lucky envelopes printed by unlicensed person etc. not to be supplied 71. A person who holds a licence to supply lucky envelopes must not supply lucky envelopes— (a) that have been printed by a person who does not hold a licence to print and supply lucky envelopes; or (b) that do not have printed legibly on the lucky envelopes the prescribed information. Maximum penalty—50 penalty units. ˙ When application must be made 72.(1) An application for a licence to print and supply lucky envelopes, or supply lucky envelopes, must be made at least 60 days, or such shorter time as the chief executive allows in a particular case, before the day on which the applicant proposes to print and supply, or supply, lucky envelopes under the licence. (2) An application for renewal of a licence to print and supply lucky envelopes, or supply lucky envelopes, must be made at least 30 days, or
s 73 34 s 74 Art Unions Act 1992 such shorter time that the chief executive allows in a particular case, before the licence expires. ˙ Term of licence 73.(1) The term of a licence to print and supply lucky envelopes, or supply lucky envelopes, is from the day of issue of the licence to the next 31 December unless a shorter term is specified by the chief executive in the licence. (2) The term of each renewal of a licence to print and supply lucky envelopes, or supply lucky envelopes is the term (not longer than 1 year) specified by the chief executive in the renewal. (3) This section does not prevent the earlier cancellation of a licence. Subdivision C—General ˙ Matters to be considered by chief executive in deciding whether to issue or renew licence under division 74.(1) In deciding whether to issue or renew a licence under this division, the chief executive must consider— (a) if the application is for a licence to sell lucky envelopes—whether the applicant— (i) is capable of complying with this Act and the conditions to which the licence would be subject; and (ii) is fulfilling or is capable of fulfilling the objects for which it was formed; and (b) if the application is for a licence to print and supply, or supply, lucky envelopes—whether— (i) the applicant is capable of complying with this Act and the conditions to which the licence would be subject; and (ii) the facilities provided, or to be provided, by the applicant are adequate for the printing and supplying, or supplying, of lucky envelopes; and
s 75 35 s 75 Art Unions Act 1992 (iii) the practices and procedures followed, or proposed to be followed, by the applicant in printing and supplying, or supplying, lucky envelopes are adequate to ensure, to the greatest extent reasonably possible— (A) the integrity of lucky envelopes; and (B) the elimination of opportunity for sharp or dishonest practices that could damage public confidence and trust in the purchase of lucky envelopes as a worthwhile way of supporting the fundraising activities of eligible associations. (2) Subsection (1) does not limit the matters that the chief executive may consider in deciding whether to issue or renew a licence under this division. Division 6—General ˙ Liability of management committee etc. for conduct of art union 75.(1) Each member of the management committee of an eligible association that holds an authority to conduct an art union must ensure that— (a) the provisions of this Act are complied with in relation to the art union; and (b) the conditions of the authority are complied with. (2) Each member of the special committee for a major art union or major bingo, and the promoter of a major art union or major bingo, must ensure that— (a) the provisions of this Act are complied with in relation to the major art union or major bingo; and (b) the conditions of the authority for the major art union or major bingo are complied with. Maximum penalty—25 penalty units.
s 87 36 s 88 Art Unions Act 1992 PART 5—GENERAL PROVISIONS RELATING TO AUTHORITIES ˙ Application for authority 87. An application for an authority under this Act, or for the renewal or amendment of an authority under this Act, must be— (a) made to the chief executive in a form and way approved by the chief executive; and (b) accompanied by— (i) the prescribed fee for the application; and (ii) such information and documents as the chief executive reasonably requires. ˙ Inspection before issue or renewal of authority 88. If an application is made for the issue or renewal of an authority under this Act, an inspector may, for the purposes of the determination of the application, at any reasonable time of the day or night— (a) enter and inspect a place that is being used or is licensed, or is proposed to be used or licensed— (i) for the conduct of a non-exempt art union; or (ii) for the printing and supply, or supply, of lucky envelopes; and (b) inspect and test— (i) a machine, apparatus or device that is being, or is proposed to be used— (A) in the conduct of a non-exempt art union; or (B) in the printing and supply, or supply, of lucky envelopes; or (ii) a lucky envelope vending machine.
s 89 37 s 91 Art Unions Act 1992 ˙ Chief executive may require further information 89.(1) At any time— (a) after an application mentioned in section 87 (Application for authority) is received; or (b) during the term, or within 12 months of the expiry, of an authority issued under this Act; the chief executive may by written notice given to the applicant or holder, require the applicant or holder to give to the chief executive, within a reasonable time, and in a reasonable way, specified in the notice, such information relevant to the application, holder or authority as the chief executive reasonably requires for the purposes of this Act. (2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) to the extent that the person is capable of doing so. Maximum penalty—40 penalty units. (3) It is a reasonable excuse for a person to fail to comply with a requirement under subsection (1) if complying with the requirement might tend to incriminate the person. ˙ Conditions of authority 90.(1) Every authority issued or renewed under this Act must specify— (a) the name and address of the holder; and (b) the type of authority; and (c) the term of the authority; and (d) any prescribed conditions. (2) An authority may also specify any other conditions that is reasonable for the chief executive to impose in the circumstances. ˙ Amendment of authority 91.(1) The holder of an authority may request the chief executive to amend the authority.
s 92 38 s 95 Art Unions Act 1992 (2) The chief executive may— (a) grant the amendment and endorse the authority with the amendment; or (b) refuse to make the amendment. ˙ Written notice of refusal to issue authority to be given 92.(1) The chief executive must give written notice to an applicant of a refusal to issue, renew or amend an authority. (2) The notice must state the reasons for the refusal. PART 6—FUNCTIONS OF HOLDER OF AUTHORITY ˙ Holder of authority to comply with conditions of authority 93. The holder of an authority under this Act must comply with the conditions of the authority. Maximum penalty— (a) for a first offence—40 penalty units; and (b) for a subsequent offence—100 penalty units. ˙ Holder of authority to keep records 94. The holder of an authority under this Act must keep the prescribed records in relation to the authority. Maximum penalty—20 penalty units. ˙ Direction by chief executive to authority holder to take action 95.(1) The chief executive may, at any time, by written notice to the
s 96 39 s 96 Art Unions Act 1992 holder of an authority direct the holder to take the action specified in the notice— (a) to remedy a breach of this Act or a condition of the authority; or (b) to comply with this Act or a condition of the authority. (2) The notice must specify a time for compliance with the notice. (3) Subject to subsection (4), the time specified in the notice must be at least 14 days after the giving of the notice. (4) If the chief executive is of the opinion that it is in the public interest that urgent action be taken, a shorter time may be specified. (5) The notice must state that if the specified action is not taken— (a) proceedings may be started for an offence against this section; and (b) steps may be taken to vary, cancel or suspend the authority. (6) The holder of an authority must not, without reasonable excuse, fail to comply with a notice under this section. Maximum penalty—40 penalty units. ˙ Cancellation or suspension of authority 96.(1) The chief executive may cancel or suspend an authority if the chief executive is satisfied that— (a) the holder of it has failed to comply with— (i) this Act; or (ii) a condition of the authority; or (iii) a requirement of the chief executive under section 95 (Direction by chief executive to authority holder to take action); or (b) any of the following is convicted of an offence against this Act in relation to the authority— (i) the holder;
s 96 40 s 96 Art Unions Act 1992 (ii) in the case of an art union—a member of the management committee of the holder; (iii) in the case of an art union that is a major art union or major bingo— (A) a member of the special committee; or (B) the promoter; (iv) a person who is engaged or employed by a holder of the authority; or (c) the holder has obtained the authority by fraud or by a false or misleading statement or false or misleading documents; or (d) in the case of an authority relating to an art union—the art union is being conducted in such a way as to cause the chief executive reasonable concern for the viability or integrity of the art union; or (e) in the case of a permit to print and supply, or supply, lucky envelopes—the printing and supplying, or supplying, of lucky envelopes is being carried out in such a way as to cause the chief executive reasonable concern for the integrity of the lucky envelopes; or (g) the prescribed circumstances exist. (2) Before deciding whether an authority should be cancelled or suspended under subsection (1), the chief executive must issue a notice calling on the holder to show cause why the authority should not be cancelled or suspended. (3) A notice to show cause— (a) must specify a day, time and place when and where cause may be shown; and (b) must be given to the holder to whom it is directed. (4) The holder of an authority to whom a show cause notice is given is entitled to be heard on the matter of its cancellation or suspension. (5) If at the time and place specified in the notice to show cause, or to which the matter is adjourned, sufficient cause is not shown to the satisfaction of the chief executive, the authority may be cancelled or suspended by order of the chief executive.
s 97 41 s 98 Art Unions Act 1992 (6) An order cancelling or suspending an authority takes effect 14 days after the day on which it is made. (7) A suspension of an authority continues— (a) for the period specified in the order; or (b) until the chief executive is satisfied that specified action has been taken; or (c) until the suspension is lifted; or (d) until the authority expires; whichever happens first. ˙ Suspension of authority in exceptional circumstances 97.(1) Despite section 96 (Cancellation or suspension of authority), the chief executive may, by signed notice to the holder of an authority, immediately suspend the authority if the chief executive is satisfied that exceptional circumstances exist in relation to the authority to cause the chief executive reasonable concern— (a) in the case of an authority relating to an art union—for the viability and integrity of the art union; or (b) in the case of a permit to print and supply, or supply, lucky envelopes—for the integrity of the lucky envelopes; or (d) for a prescribed reason. (2) The holder of an authority must comply with a notice under this section. Maximum penalty—60 penalty units. ˙ Application for lifting of suspension of authority 98.(1) The holder of a suspended authority may, at any time, apply in writing to the chief executive for the lifting of the suspension. (2) The application must be made in a form and way approved by the chief executive and be accompanied by any prescribed fee.
s 99 42 s 101 Art Unions Act 1992 ˙ Application for lifting of suspension of authority to be determined within 30 days 99.(1) If an application for the lifting of the suspension of an authority is properly made, the chief executive must, by notice given to the applicant within 30 days of receiving the application— (a) lift the suspension; or (b) lift the suspension subject to conditions; or (c) refuse to lift the suspension. (2) If the chief executive makes a decision under subsection (1)(b) or (c), the notice must give reasons for lifting the suspension subject to conditions or refusing to lift the suspension. ˙ Term of authority to include period of suspension 100. For the purpose of calculating the term of an authority, any time while it was suspended is treated as part of the term. ˙ Appeals 101.(1) If the chief executive makes a decision— (a) refusing an application for an authority; or (b) issuing an authority that the applicant objects to; or (c) suspending or cancelling an authority; or (d) refusing an application for renewal of an authority; or (e) refusing an application to amend an authority; or (f) requiring a holder to take action under section 95 (Direction by chief executive to authority holder to take action); the applicant or holder may appeal to a Magistrates Court against the decision. (2) The Magistrates Court that has jurisdiction to hear the appeal is the court exercising jurisdiction at or nearest— (a) if the applicant or holder is an association—the place where the management committee of the association normally meets to
s 102 43 Art Unions Act 1992 s 102 conduct the affairs of the association; or (b) if the applicant or holder is a person—the place where the person resides or carries on business or proposes to carry on business. (3) An appeal is instituted by— (a) lodging with the clerk of the court written notice of the appeal; and (b) serving a copy of the notice on the chief executive; within 30 days after the day on which the applicant or holder receives notice of the decision. (4) A notice of appeal is to specify fully the grounds of appeal and the facts relied on. (5) An appeal is to be by way of rehearing. (6) The power to make rules of court under the Magistrates Courts Act 1921 includes power to make rules relating to the institution and conduct of appeals under this section. (7) Until such rules of court are made or so far as the rules made do not extend to a particular case, the magistrate hearing the appeal may give such directions as to the hearing of the appeal as the magistrate considers appropriate. (8) For the purposes of an appeal under this section, the Magistrates Court has all the powers and functions of the chief executive. (9) If on appeal the Magistrates Court upsets or varies the decision of the chief executive, the Magistrates Court’s decision is taken, for the purposes of this Act, to be that of the chief executive. PART 7—ADMINISTRATION ˙ Delegation 102. The chief executive may delegate the chief executive’s powers under this Act to an officer of the department.
s 103 44 Art Unions Act 1992 s 106 ˙ Inspectors 103.(1) The chief executive may appoint officers of the department to be inspectors for the purposes of this Act. (2) The chief executive may issue an identity card to an inspector. (3) The identity card must— (a) contain a recent photograph of the inspector; and (b) be in a form approved by the chief executive. ˙ Proof of identity as inspector 104. An inspector must not exercise any power under this Act in relation to a person unless the inspector first produces his or her identity card for inspection by the person. ˙ Register to be maintained 105.(1) A register called the Art Unions Register is to be maintained in the department. (2) There must be recorded in the register in relation to each authority issued under part 3 (including an authority that is suspended, cancelled or expired) and each application for an authority, the prescribed particulars and such other relevant particulars approved from time to time by the chief executive. ˙ Search and copy from register 106. A person is entitled, on payment of the prescribed fee— (a) to search the register; or (b) to obtain a copy of any part of the register; during ordinary business hours of the department.
s 107 45 Art Unions Act 1992 s 108 PART 8—INVESTIGATION AND ENFORCEMENT ˙ Entry and search—monitoring compliance 107.(1) Subject to subsection (2), an inspector may, for the purpose of finding out whether this Act is being complied with— (a) enter any place at any reasonable time of the day or night; and (b) exercise the powers set out in section 109 (General powers of inspector in relation to places). (2) The inspector must not enter a place, or exercise a power under subsection (1), unless— (a) the occupier of the place consents to the entry or exercise of the power; or (b) the place is a place to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public; or (c) the place is a place or premises or the part of premises, that— (i) are licensed under this Act and the entry is made when the place or premises are open for conduct of business or otherwise open for entry; and (ii) are not used exclusively for residential purposes. ˙ Entry and search—evidence of offences 108.(1) Subject to subsection (3), if an inspector has reasonable grounds for suspecting that there is in a place a particular thing (‘the evidence’) that may afford evidence of the commission of an offence against this Act, the officer may— (a) enter the place; and (b) exercise the powers set out in section 109 (General powers of inspector in relation to places). (2) If the inspector enters the place and finds the evidence, the following provisions have effect—
s 108 46 Art Unions Act 1992 s 108 (a) the inspector may seize the evidence; (b) the inspector may keep the evidence for 6 months or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and any appeal in relation to the proceeding; (c) if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession. (3) An inspector must not enter the place or exercise a power under subsection (1) unless— (a) the occupier of the place consents to the entry or exercise of the power; or (b) a warrant under section 110 (Offence related warrants) that was issued in relation to the evidence authorises the entry or exercise of the power. (4) If, while searching the place under subsection (1) under a warrant under section 110 (Offence related warrants), an inspector— (a) finds a thing that the inspector believes, on reasonable grounds, to be— (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1); or (ii) a thing that will afford evidence of the commission of another offence against this Act; and (b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence
s 109 47 Art Unions Act 1992 s 109 mentioned in subsection (1) or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence. ˙ General powers of inspector in relation to places 109.(1) An inspector who enters a place under this part may exercise any of the following powers— (a) search any part of the place; (b) inspect, examine, photograph or film anything in or on the place; (c) take extracts from, and make copies of, any documents in or on the place; (d) take into or onto the place such persons, equipment and materials as the inspector reasonably requires for the purpose of exercising any powers in relation to the place; (e) require the occupier or any person in or on the place to give to the inspector reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d); (f) the powers mentioned in the following provisions— (i) section 112 (Inspector may require name and address); (ii) section 113 (Power to require answers to questions); (iii) section 114(1) (Other powers of inspectors). (2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1)(e). Maximum penalty—40 penalty units. (3) It is a reasonable excuse for a person to fail to answer a question or produce a document (other than a document required to be kept by the person under a regulation) if answering the question, or producing the document, might tend to incriminate the person. (4) An inspector who seizes or damages anything under this part must, as soon as it is reasonably practicable after seizing or damaging the thing, give written notice of particulars of the thing or damage.
s 110 48 Art Unions Act 1992 s 110 (5) The notice must be given to— (a) if anything is seized—the person from whom the thing was seized; or (b) if damage was caused to anything—the person who appears to the inspector to be the owner of the thing. (6) On the hearing of a proceeding for an offence against this Act or in a proceeding brought for the recovery of compensation under this section, a court may order the payment of compensation to a person for any loss resulting from the unreasonable exercise of powers under this part. (7) This section does not limit any power that an inspector has apart from this section. ˙ Offence related warrants 110.(1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing ( “the evidence” ) that may afford evidence of the commission of an offence against this Act. (3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. (4) The warrant must— (a) authorise the inspector, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 109(1)(a) to (e) (General powers of inspector in relation to places); and (iii) to seize the evidence; and
s 111 49 Art Unions Act 1992 s 111 (b) state whether the entry is authorised to be made at any time of the day or night or only during specified hours of the day or night; and (c) specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. ˙ Warrants may be granted by telephone, facsimile, radio etc. 111.(1) If an inspector considers it necessary to do so because of special circumstances, including, for example, the inspector’s remote location, the inspector may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 110 (Offence related warrants). (2) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 110(2) (Offence related warrants), that sets out the grounds on which the issue of the warrant is sought. (3) If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn. (4) If the magistrate is satisfied— (a) after having considered the terms of the information; and (b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate may, under section 110 (Offence related warrants), complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section. (5) If the magistrate completes and signs the warrant, the magistrate must immediately send a copy of the warrant to the inspector by facsimile or, if it is not reasonably practicable to do so— (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and
s 111 50 Art Unions Act 1992 s 111 (ii) tell the inspector the day and time when the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant; and (b) the inspector must— (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (ii) write on the form of warrant the name of the magistrate and the day and time when the magistrate signed the warrant. (6) The inspector must also— (a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or (b) if it is not practicable to comply with paragraph (a)—as soon as practicable after the day mentioned in the paragraph; send to the magistrate— (c) the information mentioned in subsection (2), which must have been properly sworn; and (d) if a form of warrant was completed by the inspector under subsection (5)(b)—the completed form of warrant. (7) When the magistrate receives the documents mentioned in subsection (6), the magistrate must— (a) attach them to the warrant that the magistrate completed and signed; and (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 110 (Offence related warrants). (8) A facsimile copy of a warrant, or a form of warrant properly completed by the inspector under subsection (5)(b), is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.
s 112 51 Art Unions Act 1992 s 112 (9) If— (a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and (b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant. ˙ Inspector may require name and address 112.(1) An inspector who— (a) finds a person committing, or finds a person who the inspector has reasonable grounds for suspecting of having committed, an offence against this Act; or (b) believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act; may require the person to state the person’s name and address and, if the inspector believes on reasonable grounds that the name or address given is false, may require evidence of its correctness. (2) A person who is required under subsection (1) to state the person’s name or address must not— (a) fail to comply with the requirement; or (b) state a false name or address. Maximum penalty—40 penalty units. (3) A person who is required under subsection (1) to give evidence of the correctness of a name or address must not fail to give the evidence or give false evidence. Maximum penalty—40 penalty units. (4) If— (a) an inspector makes a requirement under subsection (1) on a suspicion of a person having committed an offence; and
s 113 52 Art Unions Act 1992 s 114 (b) the person is not proved to have committed the offence; the person is not guilty of an offence against this section. ˙ Power to require answers to questions 113.(1) If an inspector believes on reasonable grounds that a person may be able to provide information relevant to the administration or enforcement of this Act, the officer may require the person to answer a question relevant to the administration or enforcement of this Act. (2) A person who is required under subsection (1) to answer a question must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—50 penalty units. (3) It is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person. ˙ Other powers of inspectors 114.(1) Subject to subsection (2), an inspector may, for the purposes of this Act, exercise any of the following powers— (a) require a person to produce to the inspector— (i) any authority held by the person under this Act; or (ii) any document or record required to be kept by the person under this Act; (b) inspect, take extracts from, make copies of or keep a document produced to the inspector under paragraph (a); (c) such other powers as are prescribed. (2) An inspector may keep a document under subsection (1)(b) only for the purpose of taking copies of the document and must, as soon as practicable after taking the copies, return the document to the person who produced it.
s 115 53 Art Unions Act 1992 s 117 ˙ Obstruction of inspectors 115. A person must not obstruct or hinder, or attempt to obstruct or hinder, an inspector in the exercise of a power or performance of a duty under this Act. Maximum penalty—50 penalty units. ˙ False or misleading information 116.(1) A person must not— (a) make a statement to the chief executive in an application for an authority or in any further information given to the chief executive under section 89 (Chief executive may require further information) that the person knows is false or misleading in a material particular; or (b) omit from a statement mentioned in paragraph (a) anything without which the statement is to the person’s knowledge, misleading in a material particular; or (c) make a statement to an inspector that the person knows is false or misleading in a material particular; or (d) omit from a statement made to an inspector anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—100 penalty units. (2) A complaint against a person for an offence against subsection (1) is sufficient if it states that the information given was false or misleading to the person’s knowledge. ˙ False or misleading documents 117. A person must not give to the chief executive or an inspector a document containing information that the person knows is false, misleading or incomplete in a material particular without— (a) indicating to the chief executive or the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and
s 118 54 Art Unions Act 1992 s 123 (b) giving the correct information to the chief executive or the inspector if the person has, or can reasonably obtain, the correct information. Maximum penalty—100 penalty units. ˙ Fraud in relation to art unions 118. A person must not, with intent to defraud, conduct an art union in such a way that every holder of a ticket in the art union does not have a fair and equal chance of winning every prize in the art union. Maximum penalty—100 penalty units or imprisonment for 2 years. ˙ Stealing art union prizes and proceeds 119. A person must not fraudulently take, or fraudulently convert to the person’s own use or to the use of another person— (a) any of the prizes or part of the prizes in an art union; or (b) any of the proceeds of an art union. Maximum penalty—100 penalty units or imprisonment for 2 years. ˙ Impersonation of inspector 120. A person must not pretend to be an inspector. Maximum penalty—50 penalty units. PART 9—MISCELLANEOUS ˙ Evidentiary provisions 123.(1) This section applies to any proceeding under or in relation to this Act. (2) It is not necessary to prove the appointment of an inspector or the authority of an inspector to do anything under this Act.
s 124 55 Art Unions Act 1992 s 124 (3) A signature purporting to be that of the chief executive or an inspector is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the chief executive stating that— (a) a specified document is a copy of an authority or direction issued under this Act; or (b) on a specified day, or during a specified period, a specified person was or was not the holder of an authority issued under this Act; or (c) an authority was or was not issued for a specified term, or was or was not subject to specified conditions; or (d) on a day mentioned in the certificate, a specified person was given a direction under this Act; or (e) a specified document is a copy of a part of a register kept under this Act; or (f) an amount payable under this Act by a specified person has not been paid; is evidence of the matter stated in the certificate. ˙ Chief executive may inquire into applications 124.(1) The chief executive may, in relation to an application for, or renewal of, an authority inquire into— (a) if the applicant is an individual—the fame, character and suitability of the applicant; or (b) if the applicant is a corporation—the fame, character and suitability of each executive officer of the corporation; or (c) if the applicant is an association—the fame, character and suitability of each member of the management committee; or (d) if the applicant is applying for a permit to conduct a major art union or major bingo—the fame, character and suitability of each member of the special committee and the promoter.
s 125 56 Art Unions Act 1992 s 126 (2) The chief executive may obtain a report from the Commissioner of the Police Service in respect of the criminal history of the applicant and any of the persons mentioned in paragraphs (b) to (d). (3) A report under subsection (2) must include reference to or disclosure of convictions mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6. ˙ Confidentiality of information 125. If while performing duties under, or in relation to, this Act a person gets information, the person must not, whether directly or indirectly, disclose or make use of the information except for a purpose under this Act or a Gaming Act. Maximum penalty—60 penalty units. ˙ Regulations 126.(1) The Governor in Council may make regulations under this Act. (2) A regulation may be made with respect to any of the following matters— (a) the records to be kept and returns to be lodged by the holder of an authority and requirements as to the inspection of the records; (b) the matters in respect of which fees, costs, charges and taxes are payable under this Act, the amounts of the fees, costs, charges and taxes, the persons who are liable to pay the fees, costs, charges and taxes, when the fees, costs, charges and taxes are payable, and the recovery of any amount of the fees, costs, charges and taxes not paid; (c) the method of giving notices, approvals, directions, orders and other instruments under this Act; (d) the conditions to be observed in the conduct of art unions; (e) the prevention of fraud or cheating in relation to the conduct of art unions; (f) the security and form of security to be given by applicants for authorities under this Act;
s 127 57 Art Unions Act 1992 s 127 (g) controlling ticket sellers and the selling of tickets in art unions, providing for accounting of receipts and expenditure, the drawing of art unions and the allocation of prizes; (h) the winding-up of art unions that are not finalised; (i) offences under a regulation in respect of which a notice may be given to an offender advising that a prescribed penalty may be paid for any such offence without involving court proceedings; (j) exemption from compliance with provisions of a regulation; (k) prescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of not more than 20 penalty units for such a contravention. PART 11—TRANSITIONAL PROVISIONS ˙ References to earlier Acts 127. In an Act or document, a reference to any of the following Acts may, if the context permits, be taken to be a reference to this Act— Art Union Regulation Act 1930 Art Union Regulation Act 1964 Art Unions and Amusements Act 1976 Art Unions and Public Amusements Act 1992 .
58 Art Unions Act 1992 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 5 October 1998. Future amendments of the Art Unions Act 1992 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
59 Art Unions Act 1992 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 none 1 February 1993 2 to Act No. 17 of 1995 27 July 1995 2A to Act No. 58 of 1995 30 July 1996 2B to Act No. 47 of 1996 6 December 1996 2C to Act No. 34 of 1997 2 August 1997 2D to Act No. 57 of 1997 14 November 1997 2E to Act No. 81 of 1997 5 January 1998 3 to Act No. 81 of 1998 20 January 1998 3A to Act No. 14 of 1998 1 September 1998
60 Art Unions Act 1992 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Changed names and titles Corrected minor errors Reprint No. 2 2 1 ´ 6 List of legislation Art Unions Act 1992 No. 34 (prev Art Unions and Public Amusements Act 1992) date of assent 2 July 1992 ss 1–2 commenced on date of assent ss 3–60, 75, 87–104 and 107–131 commenced 24 July 1992 (1992 SL No. 231) ss 61–74, 76–86 commenced 1 January 1992 (1992 SL No. 461) remaining provisions commenced 4 November 1996 (1996 SL No. 277) as amended by— Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 ss 1–3 sch 1 date of assent 14 December 1993 commenced on date of assent Classification of Computer Games and Images (Interim) Act 1995 No. 17 pts 1, 9 s 71 sch 1 date of assent 11 April 1995 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1995 (1995 SL No. 146) Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Statute Law Revision (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Keno Act 1996 No. 47 ss 1, 244 sch 3 date of assent 15 November 1996 commenced on date of assent Art Unions and Public Amusements Amendment Act 1997 No. 16 date of assent 15 May 1997 commenced on date of assent Lotteries Act 1997 No. 34 ss 1–2, 231 date of assent 18 July 1997 ss 1–2 commenced on date of assent remaining provisions commenced on 1 August 1997 (1997 SL No. 230)
61 Art Unions Act 1992 Treasury Legislation Amendment Act 1997 No. 57 s 1 pt 2 date of assent 16 October 1997 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1997 No. 81 ss 1–3, sch date of assent 5 December 1997 commenced on date of assent Interactive Gambling (Player Protection) Act 1998 No. 14 ss 1–2, 264 date of assent 26 March 1998 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 1998 (1998 SL No. 257) ´ 7 List of annotations Title amd 1997 No. 16 s 3 Short title s 1 sub 1997 No. 16 s 4 Commencement s 2 om R2 (see RA s 37) Objects of Act s 3 amd 1997 No. 16 s 5 Definitions s 4 def “Gaming Act” ins 1996 No. 47 s 244 sch 3 def “public amusement” om 1997 No. 16 s 6 def “sporting purpose” amd 1993 No. 76 s 3 sch 1 Meaning of “art union” s 5 amd 1997 No. 34 s 231(2); 1998 No. 14 s 264(2) PART 2—BASIC CONCEPTS Division 2—What is a public amusement? div hdg om 1997 No. 16 s 7 Meaning of “public amusement” s 19 om 1997 No. 16 s 7 Requirements of applicant for bingo centre licence s 52 sub 1993 No. 76 s 3 sch 1 Sale of lucky envelopes on licensed premises where liquor is sold s 67 amd 1993 No. 76 s 3 sch 1 PART 4—PUBLIC AMUSEMENTS pt hdg om 1997 No. 16 s 8 Division 1—Authority to conduct public amusement div hdg om 1997 No. 16 s 8
62 Art Unions Act 1992 Person who conducts public amusement must be licensed etc. s 76 amd 1995 No. 17 s 71 sch 1 om 1997 No. 16 s 8 Issue or renewal of licences to conduct public amusements s 77 om 1997 No. 16 s 8 When application for licence must be made s 78 om 1997 No. 16 s 8 Term of licence and renewal s 79 om 1997 No. 16 s 8 Approval of public amusement s 80 amd 1995 No. 17 s 71 sch 1 om 1997 No. 16 s 8 Division 2—Public amusement place licence div hdg om 1997 No. 16 s 8 Issue and renewal of public amusement place licences s 81 om 1997 No. 16 s 8 Place where 4 or more public amusements are conducted to be licensed s 82 om 1997 No. 16 s 8 When application must be made s 83 om 1997 No. 16 s 8 Term of licence and renewal s 84 om 1997 No. 16 s 8 Division 3—General div hdg om 1997 No. 16 s 8 Disqualification from holding licence s 85 om 1997 No. 16 s 8 Matters to be considered by chief executive in deciding whether to issue or renew licence under part s 86 om 1997 No. 16 s 8 Inspection before issue or renewal of authority s 88 amd 1997 No. 16 s 9 Direction by chief executive to authority holder to take action s 95 amd 1997 No. 57 s 4 Cancellation or suspension of authority s 96 amd 1997 No. 16 s 10 Suspension of authority in exceptional circumstances s 97 amd 1997 No. 16 s 11 Register to be maintained s 105 amd 1997 No. 16 s 12
63 Art Unions Act 1992 Infringement notices s 121 om 1995 No. 58 s 4 sch 1 Effect of service of infringement notice s 122 om 1995 No. 58 s 4 sch 1 Evidentiary provisions s 123 amd 1997 No. 16 s 13 Confidentiality of information s 125 amd 1996 No. 47 s 244 sch 3 Regulations s 126 amd 1995 No. 57 s 4 sch 1; 1997 No. 16 s 14 PART 10—REPEALS AND CONSEQUENTIAL AMENDMENTS pt hdg om R1 (see RA s 40) PART 11—TRANSITIONAL PROVISIONS pt hdg prev hdg om R2 (see RA s 38) pres hdg ins 1995 No. 57 s 4 sch 1 References to earlier Acts s 127 prev s 127 om R1 (see RA s 40) pres s 127 ins 1995 No. 57 s 4 sch 1 sub 1997 No. 81 s 3 sch Art Unions and Amusements Act 1976 references s 128 prev s 128 om R1 (see RA s 40) pres s 128 ins 1995 No. 57 s 4 sch 1 om 1997 No. 81 s 3 sch Definition s 129 om R2 (see RA s 38) Permits and approvals etc. s 130 om 1993 No. 76 s 3 sch 1 Transitional regulations s 131 om R2 (see RA s 38) SCHEDULE 1—ACTS REPEALED om R1 (see RA s 40) SCHEDULE 2—ACTS AMENDED om R1 (see RA s 40) © State of Queensland 1998