QueenslandARTUNIONSACT1992Reprinted as in force on 5 October
1998(includes amendments up to Act No. 14 of
1998)Reprint No. 3BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 5 October 1998.The reprint shows
the law as amended byall amendments that commenced on or
before that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s17s3Art
Unions Act 1992ART UNIONS ACT 1992[as amended by
all amendments that commenced on or before 5 October 1998]AnActtoprovidefortheconductofartunions,andforrelatedpurposes†PART 1—PRELIMINARY˙Short
title1.This Act may be cited as theArt
Unions Act 1992.˙Objects of
Act3.The objects of the Act include
ensuring—(a)the maintenance of appropriate
standards for the conduct of artunions;
and(b)thatthecommunityobtainsreasonablenetbenefitsfromtheconduct of art unions; and(c)the integrity of art unions;
and(d)that practices that could damage
public confidence in art unionsare eliminated;
and(e)that bingo centre operators provide
premises and facilities of asuitable and
appropriate standard; and(f)that public
confidence and trust in the purchase of art union ticketsas a
worthwhile way of supporting the fundraising activities ofeligible associations are maintained;
and(g)thateligibleassociationsachieveoperationalefficienciesandreasonable net returns in the conduct of art
unions.
s48s4Art
Unions Act 1992˙Definitions4.In
this Act—“art union”has the meaning
given by section 5.“association”meansanassociationofpersons(whetherornotincorporated).“authority”means—(a)a
permit, licence or approval; or(b)an
endorsement of a minor art union licence to permit the
conductof minor bingo.“bingo”means the games known as bingo, housie and
housie-housie, andincludes a game of a similar kind (whatever
it is known as).“bingo premises”means premises
that are used for the conduct of bingosessions.“calcutta sweep”has the meaning
given by section 17.“charitable purpose”means—(a)the purpose of helping or assisting
persons who are residents ofthe State
and—(i)arepersonswithadisabilitywithinthemeaningoftheDisability Services Act 1992;
or(ii)need help or
assistance because of their age (whether youngorold),sickness,infirmity,bereavement,povertyorunemployment; or(iii)needhelporassistancebecausetheirpropertyhasbeendamaged 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.“communitypurpose”meansthepurposeofpromotingthegeneralwelfare of the
public, or a section of the public, in the State (other thanfor
private or commercial gain).“conduct”includes promote, organise, manage, control
and operate.
s49s4Art
Unions Act 1992“constituent unit”of an eligible
association means a branch, sub-branch,committee,councilorotherbodyofpersonsestablishedundertherules (whatever called) of the
association.“educational purpose”means—(a)the purpose of helping or assisting
any of the following—(i)aschool,college(includingaStatecollegewithinthemeaningoftheVocationalEducation,TrainingandEmploymentAct1991),universityorothereducationalinstitution;(ii)a
school of arts or public library;established, or
proposed to be established, in the State (other thanfor
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)aparentsandcitizensassociationformedundertheEducation(General
Provisions) Act 1989; or(c)a
registered political party within the meaning of theElectoral Act1992;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
410s 4Art Unions Act
1992•Gaming Machine Act 1991•Keno Act 1996.“gross
proceeds”of an art union means the total value of
tickets sold in theart union.“high roller
session”meansamajorbingosessioninwhichthegrossproceedsforthesessionmaybeuptotwicetheamountpermittedunder section 48 (Gross proceeds not to
exceed prescribed amount) fora bingo session
that is not a high roller session.“holder”of
an authority means the person named in the authority as theperson to whom the authority is
issued.“issued”includes
given.“licensed premises”means licensed
premises within the meaning of theLiquor 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 committeeor other body of
persons, whatever called, that conducts the affairs ofthe
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
winnersare determined by way of at least—(a)1 intermediate drawing; and(b)afinaldrawingthattakesplaceatleast1daylaterthantheintermediate 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)thepurposeofhelpingorassistingmembersoftheAustralianDefence Force
(the ‘ADF’), or members of the armed forces of
s
411s 4Art Unions Act
1992another country with whom members of the ADF
are serving, byproviding—(i)things for the comfort or convenience of the
members of theADF, or the members of the forces of the
other country, inthe State or outside Australia; or(ii)functions in the
State to farewell or welcome the membersmentioned in
paragraph (a);during a war, defence emergency or United
Nations peacekeepingoperations 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 anykind; 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 artunion) as the promoter of the major
art union; or(b)under section 36 (Vacancy in
appointment to be filled) to fill avacancy in an
appointment as promoter.“religious purpose”means—(a)thepurposeofhelpingorassistingachurch,mosque,pagoda,synagogue,
temple or other religious body that is established, orproposed to be established, in the State;
or(b)another purpose prescribed for the
purposes of this definition.“retailshoppingcentre”meansaretailshoppingcentrewithinthemeaning of theRetail Shop
Leases Act 1994.“session”of bingo means a
period during which the prescribed number ofgames of bingo
are played.“small private raffle”has the meaning
given by section 9.“social bingo”has the meaning
given by section 11.
s
512s 5Art Unions Act
1992“special committee”for a major art
union means the committee appointedby the relevant
eligible association under section 30 (Special committeeand
promoter of major art union).“sporting
purpose”means—(a)the
purpose of helping or assisting an association (other than ahorse race club, harness race club or
greyhound race club withinthemeaningoftheRacingandBettingAct1980)inthepromotion,furtheranceorcontrolintheStateofanysportingactivity of a
recreational nature; or(b)another purpose
prescribed for the purpose of this definition.“start”ofanartunionmeansthetimewhenthesaleordistributionoftickets to ticket holders in the art union
begins.“sweep”means an art
union in which the prize winners are determined bythe
result of a future sporting event.“ticket”,inrelationtoanartunion,meansadocumentorthingthatevidences, or is intended to evidence, a
person’s right to take part in theart
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 aredetermined—(a)wholly or partly by chance; or(b)by a competition or other activity
having an outcome dependingon fate, for
example, a guessing competition.
s
613s 7Art 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)alotteryconductedundertheLotteriesAct1997,orunderarrangements
approved under that Act;(b)agameauthorisedundertheInteractiveGambling(PlayerProtection) Act
1998.†Subdivision
B—Types of art union˙Types of art
union6.(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
814s 9Art 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)thewholeofthegrossproceedsaredistributedtotheprizewinners in the
sweep; and(c)all tickets in the sweep are sold on
the day of the sporting event towhich 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 thissection; 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)aproportion(orthewhole)ofthetotalgrossproceedsofthe
s
1015s 10Art Unions Act
1992raffleistobeallocatedtowardsprizesforthatraffleandthebalance(ifany)appliedtowardsfurtheringtheobjectsofanassociation; and(d)the
sale of tickets and the declaration of the results of the
raffletake 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 purposeof
promoting the sale of goods or services; and(b)noentryfeeischargedtoparticipateintheartunionorinacompetition in relation to which the art
union is conducted; and(c)every notice or
advertisement issued in relation to the art unionstates—(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 recommendedretail value; and(iv)any
other information that is prescribed; and(d)ifitisnecessarytopurchasegoodsorservicestoenterthecompetition—thecostofgoodsorservicesmustnotbemorethan
the prevailing market price; and(e)the
declaration of the results of the art union takes place
within1 year of the start of the art union;
and(f)the prescribed conditions (if any) are
complied with.
s
1116s 12Art 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 isconducted; 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 thissection; 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
returnedto the players in that session in the form
of prizes; and(e)thegrossproceedsofallgamesinthesessionarenotmorethan—(i)$500; or(ii)if a
greater amount is prescribed—that amount; and(f)thepremiseswherethebingoisconductedarenotlicensedpremises.†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
1317s 16Art 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
arenot 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
aremore 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 whichare 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 whichare more than—
s
1718s 20Art 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 inthe sporting event are not allocated for a
fixed price to the participants in thesweep but are
auctioned off to the highest bidder before the event.˙Meaning of “lucky envelopes”18.
“Lucky envelopes”is—(a)thegameknownasluckyenvelopes,break-open,pull-taborlucky 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 authority20.A person must not conduct a non-exempt
art union unless the personis authorised to
conduct the art union under—(a)an
authority under this Act; or(b)another Act.Maximum
penalty—100 penalty units.
s
2119s 24Art 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 unions21.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 union22.An eligible association may apply for
a permit to conduct a minor artunion.˙Who may apply for licence to conduct
minor art unions23.An eligible association that
is—(a)an incorporated eligible association;
or(b)aparentsandcitizensassociationformedundertheEducation(General
Provisions) Act 1989; or(c)a
prescribed eligible association; or(d)aconstituentunitofaneligibleassociationmentionedinparagraph (a), (b) or (c);may
apply for a licence to conduct minor art unions.˙When application must be made for
authority or renewal24.(1)An application
for a permit to conduct a minor art union must bemade
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 unionsmust be made at
least 14 days before the proposed start of the first minorart
union that the applicant intends to conduct under the
licence.
s
2520s 28Art Unions Act
1992(3)Anapplicationfortherenewalofalicencetoconductminorartunions must be made at least 30 days,
or such shorter time as the chiefexecutive allows
in a particular case, before the licence expires.˙Term of authority and renewal25.(1)The term of a
permit to conduct a minor art union (other than amultiple drawing art union) is the term (not
longer than 4 months) specifiedby the chief
executive in the permit.(2)The term of a
permit to conduct a minor art union that is a multipledrawing art union is the term (not longer
than 10 months) specified by thechief executive
in the permit.(3)The term of a licence to conduct minor
art unions, and each renewalof the licence,
is the term (not longer than 3 years) specified by the chiefexecutive in the licence or renewal.(4)This section does not prevent the
earlier cancellation of a permit orlicence.†Subdivision B—Authority to conduct
major art union˙Issue of permits to conduct major art
unions26.The chief executive may issue a permit
to conduct a major art union.˙Who
may apply for permit to conduct major art union27.An
eligible association may apply for a permit to conduct a major
artunion.˙When
application must be made28.An application
for a permit to conduct a major art union must bemade
at least 21 days before the proposed start of the major art
union.
s
2921s 31Art Unions Act
1992˙Term of permit29.(1)The
term of a permit to conduct a major art union (other than amultiple drawing art union) is the term (not
longer than 4 months) specifiedby the chief
executive in the permit.(2)If, on the
application of the holder of a permit to conduct a major artunion
(other than a permit to conduct a multiple drawing art union),
thechief executive is satisfied that exceptional
circumstances exist in relation tothe art union,
the chief executive may extend the term of the permit for
suchperiod as the chief executive considers
appropriate.(3)The total term of a permit extended
under subsection (2) must not belonger than 6
months.(4)The term of a permit to conduct a
major art union that is a multipledrawing art union
is the term (not longer than 10 months) specified by thechief
executive in the permit.(5)This section
does not prevent the earlier cancellation of a permit.˙Special committee and promoter of major
art union30.Beforeapplyingforapermittoconductamajorartunion,themanagement committee of an eligible
association must appoint—(a)3ormoreindividualstoformaspecialcommitteeoftheassociation for
the art union; and(b)another individual as the promoter of
the art union.˙Function of promoter31.(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 conductof art union); and(b)a
lawful direction relating to the conduct of the art union
givenby—
s
3222s 33Art Unions Act
1992(i)the management committee of the
eligible association that isthe holder of
the permit to conduct the art union; and(ii)the
special committee for the art union.˙Function of special committee32.(1)The special
committee for a major art union is to supervise thepromoter’s conduct of the art union.(2)In supervising the promoter, the
special committee is to be subjectto—(a)section 75 (Liability of management
committee etc. for conductof art union); and(b)a
lawful direction relating to the conduct of the art union given
bythe management committee of the eligible
association that is theholder of the permit to conduct the
art union.˙Disqualificationsfromappointmenttospecialcommitteeandaspromoter33.A person who—(a)is
or becomes an undischarged bankrupt or is taking advantage
ortakes advantage of the laws in force for the
time being relating tobankruptcy; 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 theMental
HealthAct 1974;isnotcapableofbeing,orcontinuingtobe,amemberofaspecialcommittee for an art union or a promoter of
an art union.
s
3423s 37Art Unions Act
1992˙Written consent necessary for
appointment to special committee or aspromoter34.The management committee of an
eligible association may appointan individual to
the special committee for an art union, or as a promoter ofan
art union, only if the individual agrees in writing to the
appointmentbefore it is made.˙Resignation from special committee or as
promoter35.A person may resign from an
appointment to a special committee foran art union, or
as promoter of an art union, by signed notice given to themanagement committee of the eligible
association that has applied for, orholds, the permit
to conduct the art union.˙Vacancy in
appointment to be filled36.(1)Themanagementcommitteeofaneligibleassociationthathasapplied for, or holds, a permit to
conduct a major art union must ensure thata vacancy in an
appointment to a special committee for the art union, or aspromoteroftheartunion,isfilledwithin7daysoftheappointmentbecoming
vacant.Maximum penalty—5 penalty units.(2)Subsection(1)doesnotrequirethefillingofavacancyinanappointment to the special committee
if, after the vacancy arises, there arestill at least 3
members on the special committee.†Subdivision C—General˙Matterstobeconsideredbychiefexecutiveindecidingwhethertoissue or renew authority under
division37.(1)Indecidingwhethertoissueorrenewanauthorityunderthisdivision, the
chief executive must consider—(a)whether the applicant is capable of
complying with this Act andthe conditions
to which the authority would be subject; and
s
3824s 40Art Unions Act
1992(b)whether the applicant is fulfilling or
would be able to fulfil theobjects for
which it was formed; and(c)iftheapplicationisforapermittoconductamajorartunion—whether each member of the special
committee for the artunion, the promoter of the art union
and each person proposed tobeengagedintheconductof,ortoprovideservicesdirectlyrelated 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 mayconsiderindecidingwhethertoissueorrenewanauthorityunderthisdivision.†Division 3—Conduct of bingo†Subdivision A—Authority to conduct
minor bingo˙Issue of authorities to conduct minor
bingo38.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 minorbingo.˙Who may apply for permit or
endorsement39.(1)An eligible
association may apply for a permit to conduct minorbingo.(2)The
holder of a minor art union licence may apply to have the
licenceendorsed to permit the conduct of minor
bingo.˙When application must be made40.An application for—(a)a permit to conduct minor bingo;
or
s
4125s 44Art Unions Act
1992(b)theendorsementofaminorartunionlicencetopermittheconduct of minor bingo;must be made at
least 14 days before the first minor bingo session that theapplicant proposes to conduct under the
permit or the endorsement.˙Term of permit or
endorsement41.(1)Thetermofapermittoconductminorbingoistheterm(notlonger 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 theconduct of minor bingo is the term specified
in the endorsement (not longerthan the balance
of the term of the licence).(3)This
section does not prevent the earlier cancellation of a permit
orendorsement.†Subdivision B—Authority to conduct major
bingo˙Issue of permits to conduct major
bingo42.The chief executive may issue a permit
to conduct major bingo.˙Who may apply for
permit43.Aneligibleassociationmayapplyforapermittoconductmajorbingo.˙Special committee and promoter of major
bingo44.The following sections apply, with all
necessary modifications, to theconduct 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)section33(Disqualificationsfromappointmenttospecialcommittee and as
promoter);
s
4526s 47Art Unions Act
1992(e)section 34 (Written consent necessary
for appointment to specialcommittee 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 made45.An application
for a permit to conduct major bingo must be made atleast
21 days before the first major bingo session that the applicant
proposesto conduct under the permit.˙Term of permit46.(1)Thetermofapermittoconductmajorbingoistheterm(notlonger 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 session47.(1)If
the holder of a permit to conduct major bingo satisfies the
chiefexecutivethatitwill,duringthetermofthepermit,conductatleast22majorbingosessionsatpremisesotherthanpremisesinrelationtowhich
a bingo centre licence has been issued under subdivision C, the
chiefexecutive may endorse the permit to authorise
the holder of the permit toconduct, during
the term of the permit, at specified premises that are notpremises in relation to which such a licence
has been issued, a maximum of2 high roller
sessions at the times specified in the permit.(2)The
chief executive must not endorse the permit in a way that
wouldauthorisetheholdertoconductmorethan4highrollersessionsinacalendar year.(3)The
holder of a permit to conduct major bingo must not conduct ahigh
roller session unless the session is authorised to be conducted by
anendorsement of a permit made under subsection
(1).Maximum penalty—20 penalty
units.
s
4827s 51Art Unions Act
1992˙Gross proceeds not to exceed prescribed
amount48.The holder of a permit to conduct
major bingo must ensure that—(a)thegrossproceedsofeachbingosessionconductedunderthepermit (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 underthepermitisnotmorethantwicetheamountprovidedunderparagraph (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
licences49.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 bingo50.Nine or more
associations that are authorised under this division toconductminorbingoormajorbingomustnotconductminorbingoormajorbingoatthesamepremisesunlessthepremisesarelicensedasabingo centre.˙Owner
or occupier must not permit use of premises not licensed asbingo
centre51.An owner or occupier of premises who
is not the holder of a bingocentre licence in
relation to the premises must not permit or allow 9 or moreeligible associations to conduct minor bingo
or major bingo at the premises.Maximum
penalty—25 penalty units.
s
5228s 54Art Unions Act
1992˙Requirements of applicant for bingo
centre licence52.The following requirements apply to an
applicant for a bingo centrelicence for
premises—(a)theapplicantmustbeanassociation(the“applicantassociation”) incorporated
under theAssociations IncorporationAct
1981;(b)the applicant
association’s ordinary members must consist onlyofindividuals(the“individuals”),appointedbyeachoftheeligible associations conducting, or
intending to conduct, minorbingo or major
bingo at the premises, as representatives of theeligible associations;(c)eachindividualmustbeanordinarymemberoftheeligibleassociation that
appointed the individual;(d)the number of
individuals appointed to the applicant associationby
each eligible association must be the same.˙When
application must be made53.(1)An application
for the issue of a bingo centre licence for premisesmust
be made at least 60 days, or such shorter time as the chief
executiveallows in a particular case, before the
premises are proposed to be used as abingo
centre.(2)An application for renewal of a bingo
centre licence must be made atleast30days,orsuchshortertimeasthechiefexecutiveallowsinaparticular case, before the licence
expires.˙Term of licence and renewal54.(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 thelicence or renewal.(2)This
section does not prevent the earlier cancellation of a
permit.
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5529s 55Art Unions Act
1992†Subdivision D—General˙Matterstobeconsideredbychiefexecutiveindecidingwhethertoissue or renew authority under
division55.(1)Indecidingwhethertoissueorrenewanauthorityunderthisdivision, the
chief executive must consider—(a)if
the application is for a permit to conduct minor bingo or
majorbingo—whether—(i)the
applicant is capable of complying with this Act and theconditions to which the permit would be
subject; and(ii)the applicant is
fulfilling or would be able to fulfil the objectsfor
which it was formed; and(b)if the
application is for a permit to conduct major bingo—whethereachmemberofthespecialcommitteeforthebingo,thepromoter of the bingo and each person
proposed to be engaged intheconductof,ortoprovideservicesdirectlyrelatedtotheconduct 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 anyconditions to which the licence would
be subject; and(ii)thepracticesandproceduresfollowed,orproposedtobefollowed, by the applicant in the
conduct of the bingo centreareadequatetoensure,tothegreatestextentreasonablypossible—(A)theintegrityofbingogamesconductedatthebingocentre;
and(B)theeliminationofopportunityforsharpordishonestpracticesthatcoulddamagepublicconfidenceinthebingo games conducted at the bingo
centre; and(iii)the premises and
the facilities provided, or to be provided, atthe 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
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5630s 60Art Unions Act
1992considerindecidingwhethertoissueorrenewanauthorityunderthisdivision.†Division 4—Authority to conduct
calcutta sweep˙Definition56.In
this division—“eligible association”includes—(a)ahorseraceclub,harnessraceclubandgreyhoundraceclubwithin the
meaning of theRacing and Betting Act 1980;
and(b)any other association.˙Issue of permits to conduct calcutta
sweeps57.The chief executive may issue a permit
to conduct a calcutta sweep.˙Who
may apply for calcutta sweep permit58.An
eligible association may apply for a permit to conduct a
calcuttasweep.˙When
application must be made59.An application
for a permit to conduct a calcutta sweep must be madeat
least 14 days before the proposed start of the calcutta
sweep.˙Matterstobeconsideredbychiefexecutiveindecidingwhethertoissue calcutta sweep permit60.(1)In deciding
whether to issue a permit to conduct a calcutta sweep,thechiefexecutivemustconsiderwhethertheapplicantiscapableofcomplying with this Act and the conditions to
which the permit would besubject.(2)Subsection (1) does not limit the matters
that the chief executive mayconsider in
deciding whether to issue a permit to conduct a calcutta
sweep.
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6131s 65Art Unions Act
1992†Division 5—Lucky envelopes†Subdivision A—Authority to sell lucky
envelopes˙Issue and renewal of licences to sell
lucky envelopes61.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 licence62.Aneligibleassociationmayapplyforalicencetosellluckyenvelopes.˙When
application must be made63.(1)An application
for a licence to sell lucky envelopes must be madeat
least 14 days before the day on which the applicant first proposes
to selllucky envelopes under the licence.(2)An application for the renewal of a
licence to sell lucky envelopesmust be made at
least 30 days, or such shorter time as the chief executiveallows in a particular case, before the
licence expires.˙Term of licence and renewal64.(1)The term of a
licence to sell lucky envelopes is from the day ofissueofthelicencetothenext31Decemberunlessashortertermisspecified by the chief executive in the
licence.(2)The term of each renewal of a licence
to sell lucky envelopes is theterm (not longer
than 1 year) specified by the chief executive in the
renewal.˙Sale of lucky envelopes from vending
machines65.The holder of a licence to sell lucky
envelopes must not sell luckyenvelopes from a
vending machine unless the vending machine is, or the
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6632s 68Art Unions Act
1992makeandmodelofthevendingmachineare,approvedbythechiefexecutive.Maximum penalty—20 penalty units.˙Approval of lucky envelope vending
machines66.(1)Anapplicationmaybemadetothechiefexecutivefortheapproval
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 andproper person to
be supplying the machine; and(b)the
machine or the make and model of the machine complies withthe
prescribed requirements;the chief executive may approve the
machine or the make and model ofmachine.˙Sale of lucky envelopes on licensed
premises where liquor is sold67.The
holder of a licence to sell lucky envelopes must not sell
luckyenvelopes on licensed premises where liquor
is sold other than from a luckyenvelope vending
machine, or a make and model of lucky envelope vendingmachine, that has been approved by the chief
executive under section 66(Approval of lucky envelope vending
machines).Maximum penalty—20 penalty units.˙Businessofsellingluckyenvelopesinretailshoppingcentreprohibited68.A person must not carry on the
business of selling lucky envelopesfrom premises in
a retail shopping centre.Maximum penalty—50 penalty
units.
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6933s 72Art 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
envelopes69.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 licensed70.A person must
not print or supply lucky envelopes unless the personis
licensed to do so.Maximum penalty—50 penalty units.˙Lucky envelopes printed by unlicensed
person etc. not to be supplied71.A
person who holds a licence to supply lucky envelopes must
notsupply lucky envelopes—(a)that
have been printed by a person who does not hold a licence toprint and supply lucky envelopes; or(b)thatdonothaveprintedlegiblyontheluckyenvelopestheprescribed information.Maximum penalty—50 penalty units.˙When application must be made72.(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
shortertime as the chief executive allows in a
particular case, before the day onwhichtheapplicantproposestoprintandsupply,orsupply,luckyenvelopes under the licence.(2)An application for renewal of a
licence to print and supply luckyenvelopes, or
supply lucky envelopes, must be made at least 30 days,
or
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7334s 74Art Unions Act
1992such shorter time that the chief executive
allows in a particular case, beforethe licence
expires.˙Term of licence73.(1)Thetermofalicencetoprintandsupplyluckyenvelopes,orsupply lucky envelopes, is from the day of
issue of the licence to the next31 December
unless a shorter term is specified by the chief executive in
thelicence.(2)Thetermofeachrenewalofalicencetoprintandsupplyluckyenvelopes, 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˙Matterstobeconsideredbychiefexecutiveindecidingwhethertoissue or renew licence under
division74.(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—whetherthe applicant—(i)is
capable of complying with this Act and the conditions towhich the licence would be subject;
and(ii)is fulfilling or
is capable of fulfilling the objects for which itwas
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 theconditions to which the licence would
be subject; and(ii)the facilities
provided, or to be provided, by the applicant areadequatefortheprintingandsupplying,orsupplying,oflucky envelopes; and
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7535s 75Art Unions Act
1992(iii)thepracticesandproceduresfollowed,orproposedtobefollowed,bytheapplicantinprintingandsupplying,orsupplying,luckyenvelopesareadequatetoensure,tothegreatest extent reasonably
possible—(A)the integrity of lucky envelopes;
and(B)theeliminationofopportunityforsharpordishonestpractices that
could damage public confidence and trustin the purchase
of lucky envelopes as a worthwhile wayofsupportingthefundraisingactivitiesofeligibleassociations.(2)Subsection (1) does not limit the matters
that the chief executive mayconsider in
deciding whether to issue or renew a licence under this
division.†Division 6—General˙Liability of management committee etc. for
conduct of art union75.(1)Eachmemberofthemanagementcommitteeofaneligibleassociationthatholdsanauthoritytoconductanartunionmustensurethat—(a)the provisions of this Act are
complied with in relation to the artunion;
and(b)the conditions of the authority are
complied with.(2)Each member of the special committee
for a major art union or majorbingo, and the
promoter of a major art union or major bingo, must ensurethat—(a)theprovisionsofthisActarecompliedwithinrelationtothemajor art union or major bingo;
and(b)the conditions of the authority for
the major art union or majorbingo are
complied with.Maximum penalty—25 penalty
units.
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8736s 88Art Unions Act
1992†PART 5—GENERAL PROVISIONS RELATING
TOAUTHORITIES˙Application for authority87.An
application for an authority under this Act, or for the renewal
oramendment of an authority under this Act,
must be—(a)made to the chief executive in a form
and way approved by thechief executive; and(b)accompanied by—(i)the
prescribed fee for the application; and(ii)suchinformationanddocumentsasthechiefexecutivereasonably requires.˙Inspection before issue or renewal of
authority88.If an application is made for the
issue or renewal of an authorityunder this Act,
an inspector may, for the purposes of the determination ofthe
application, at any reasonable time of the day or night—(a)enter and inspect a place that is
being used or is licensed, or isproposed 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 proposedto
be used—(A)in the conduct of a non-exempt art
union; or(B)intheprintingandsupply,orsupply,ofluckyenvelopes;
or(ii)a lucky envelope
vending machine.
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8937s 91Art Unions Act
1992˙Chief executive may require further
information89.(1)At any
time—(a)afteranapplicationmentionedinsection87(Applicationforauthority) is received; or(b)duringtheterm,orwithin12monthsoftheexpiry,ofanauthority issued under this
Act;the chief executive may by written notice
given to the applicant or holder,requiretheapplicantorholdertogivetothechiefexecutive,withinareasonabletime,andinareasonableway,specifiedinthenotice,suchinformationrelevanttotheapplication,holderorauthorityasthechiefexecutive
reasonably requires for the purposes of this Act.(2)A person must not, without reasonable
excuse, fail to comply with arequirement under
subsection (1) to the extent that the person is capable ofdoing
so.Maximum penalty—40 penalty units.(3)Itisareasonableexcuseforapersontofailtocomplywitharequirement under subsection (1) if
complying with the requirement mighttend to
incriminate the person.˙Conditions of
authority90.(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 reasonablefor the chief
executive to impose in the circumstances.˙Amendment of authority91.(1)Theholderofanauthoritymayrequestthechiefexecutivetoamend the authority.
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9238s 95Art Unions Act
1992(2)The chief executive may—(a)granttheamendmentandendorsetheauthoritywiththeamendment; or(b)refuse to make the amendment.˙Written notice of refusal to issue
authority to be given92.(1)The chief
executive must give written notice to an applicant of arefusal to issue, renew or amend an
authority.(2)The notice must state the reasons for
the refusal.†PART 6—FUNCTIONS OF HOLDER OFAUTHORITY˙Holder
of authority to comply with conditions of authority93.TheholderofanauthorityunderthisActmustcomplywiththeconditions 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 records94.The
holder of an authority under this Act must keep the
prescribedrecords in relation to the authority.Maximum penalty—20 penalty units.˙Direction by chief executive to
authority holder to take action95.(1)Thechiefexecutivemay,atanytime,bywrittennoticetothe
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9639s 96Art Unions Act
1992holder of an authority direct the holder to
take the action specified in thenotice—(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 atleast
14 days after the giving of the notice.(4)If
the chief executive is of the opinion that it is in the public
interestthat 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, failto
comply with a notice under this section.Maximum
penalty—40 penalty units.˙Cancellation or
suspension of authority96.(1)The chief
executive may cancel or suspend an authority if the chiefexecutive 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)arequirementofthechiefexecutiveundersection95(Directionbychiefexecutivetoauthorityholdertotakeaction);
or(b)any of the following is convicted of
an offence against this Act inrelation to the
authority—(i)the holder;
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9640s 96Art Unions Act
1992(ii)in the case of
an art union—a member of the managementcommittee of the
holder;(iii)in the case of
an art union that is a major art union or majorbingo—(A)a member of the special committee;
or(B)the promoter;(iv)apersonwhoisengagedoremployedbyaholderoftheauthority; or(c)the
holder has obtained the authority by fraud or by a false ormisleading statement or false or misleading
documents; or(d)in the case of an authority relating
to an art union—the art union isbeing conducted
in such a way as to cause the chief executivereasonable
concern for the viability or integrity of the art union; or(e)inthecaseofapermittoprintandsupply,orsupply,luckyenvelopes—theprintingandsupplying,orsupplying,ofluckyenvelopes is
being carried out in such a way as to cause the chiefexecutivereasonableconcernfortheintegrityoftheluckyenvelopes; or(g)the
prescribed circumstances exist.(2)Beforedecidingwhetheranauthorityshouldbecancelledorsuspendedundersubsection(1),thechiefexecutivemustissueanoticecallingontheholdertoshowcausewhytheauthorityshouldnotbecancelled or suspended.(3)A notice to show cause—(a)must specify a day, time and place
when and where cause may beshown;
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 isentitled 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 towhichthematterisadjourned,sufficientcauseisnotshowntothesatisfactionofthechiefexecutive,theauthoritymaybecancelledorsuspended by order of the chief
executive.
s
9741s 98Art Unions Act
1992(6)An order cancelling or suspending an
authority takes effect 14 daysafter 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 beentaken; or(c)until the suspension is lifted;
or(d)until the authority expires;whichever happens first.˙Suspension of authority in exceptional
circumstances97.(1)Despite section
96 (Cancellation or suspension of authority), thechiefexecutivemay,bysignednoticetotheholderofanauthority,immediately
suspend the authority if the chief executive is satisfied
thatexceptional circumstances exist in relation
to the authority to cause the chiefexecutive
reasonable concern—(a)inthecaseofanauthorityrelatingtoanartunion—fortheviability and integrity of the art union;
or(b)inthecaseofapermittoprintandsupply,orsupply,luckyenvelopes—for the integrity of the lucky
envelopes; or(d)for a prescribed reason.(2)Theholderofanauthoritymustcomplywithanoticeunderthissection.Maximum penalty—60 penalty units.˙Application for lifting of suspension
of authority98.(1)The holder of a
suspended authority may, at any time, apply inwriting to the
chief executive for the lifting of the suspension.(2)The application must be made in a form
and way approved by thechief executive and be accompanied by
any prescribed fee.
s
9942s 101Art Unions Act
1992˙Applicationforliftingofsuspensionofauthoritytobedeterminedwithin 30
days99.(1)If an
application for the lifting of the suspension of an authority
isproperly made, the chief executive must, by
notice given to the applicantwithin 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
conditionsor refusing to lift the suspension.˙Term of authority to include period of
suspension100.For the purpose
of calculating the term of an authority, any timewhile
it was suspended is treated as part of the term.˙Appeals101.(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 bychief executive
to authority holder to take action);theapplicantorholdermayappealtoaMagistratesCourtagainstthedecision.(2)The
Magistrates Court that has jurisdiction to hear the appeal is
thecourt exercising jurisdiction at or
nearest—(a)if the applicant or holder is an
association—the place where themanagementcommitteeoftheassociationnormallymeetsto
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10243Art Unions Act 1992s 102conduct the affairs of the association;
or(b)if the applicant or holder is a
person—the place where the personresides 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 noticeof the
decision.(4)A notice of appeal is to specify fully
the grounds of appeal and thefacts relied
on.(5)An appeal is to be by way of
rehearing.(6)The power to make rules of court under
theMagistrates Courts Act1921includes power to make rules relating to the
institution and conduct ofappeals under this section.(7)Until such rules of court are made or
so far as the rules made do notextend to a
particular case, the magistrate hearing the appeal may give
suchdirectionsastothehearingoftheappealasthemagistrateconsidersappropriate.(8)Forthepurposesofanappealunderthissection,theMagistratesCourt has all the
powers and functions of the chief executive.(9)If
on appeal the Magistrates Court upsets or varies the decision of
thechief executive, the Magistrates Court’s
decision is taken, for the purposesof this Act, to
be that of the chief executive.†PART
7—ADMINISTRATION˙Delegation102.The
chief executive may delegate the chief executive’s powers
underthis Act to an officer of the
department.
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10344Art Unions Act 1992s 106˙Inspectors103.(1)The
chief executive may appoint officers of the department to beinspectors 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 inspector104.An inspector
must not exercise any power under this Act in relationto a
person unless the inspector first produces his or her identity card
forinspection by the person.˙Register to be maintained105.(1)A
register called the Art Unions Register is to be maintained
inthe department.(2)There must be recorded in the register in
relation to each authorityissued under part 3 (including an
authority that is suspended, cancelled orexpired) and each
application for an authority, the prescribed particulars andsuchotherrelevantparticularsapprovedfromtimetotimebythechiefexecutive.˙Search and copy from register106.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.
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10745Art Unions Act 1992s 108†PART 8—INVESTIGATION AND
ENFORCEMENT˙Entry and search—monitoring
compliance107.(1)Subject to
subsection (2), an inspector may, for the purpose offinding out whether this Act is being
complied with—(a)enter any place at any reasonable time
of the day or night; and(b)exercisethepowerssetoutinsection109(Generalpowersofinspector in relation to
places).(2)Theinspectormustnotenteraplace,orexerciseapowerundersubsection (1), unless—(a)the
occupier of the place consents to the entry or exercise of
thepower; or(b)the
place is a place to which the public are admitted (whether
ornot for consideration) and the entry is made
when members ofthe public attend or the premises are open
for admission by thepublic; 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 theplaceorpremisesareopenforconductofbusinessorotherwise open for entry; and(ii)are not used
exclusively for residential purposes.˙Entry
and search—evidence of offences108.(1)Subject to subsection (3), if an inspector
has reasonable groundsfor suspecting that there is in a place
a particular thing (‘the evidence’) thatmay afford
evidence of the commission of an offence against this Act,
theofficer may—(a)enter the place; and(b)exercisethepowerssetoutinsection109(Generalpowersofinspector in relation to
places).(2)If the inspector enters the place and
finds the evidence, the followingprovisions have
effect—
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10846Art Unions Act 1992s 108(a)the inspector may seize the
evidence;(b)theinspectormaykeeptheevidencefor6monthsor,ifaprosecution for
an offence against this Act in the commission ofwhich the evidence may have been used or
otherwise involved isinstitutedwithinthatperiod,untilthecompletionoftheproceedingfortheoffenceandanyappealinrelationtotheproceeding;(c)if
the evidence is a document—while the inspector has
possessionof the document, the inspector may take
extracts from and makecopiesofthedocument,butmustallowthedocumenttobeinspectedatanyreasonabletimebyapersonwhowouldbeentitled to inspect it if it were not in the
inspector’s possession.(3)Aninspectormustnotentertheplaceorexerciseapowerundersubsection (1) unless—(a)the
occupier of the place consents to the entry or exercise of
thepower; or(b)a
warrant under section 110 (Offence related warrants) that
wasissued in relation to the evidence
authorises the entry or exerciseof the
power.(4)If, while searching the place under
subsection (1) under a warrantunder section 110
(Offence related warrants), an inspector—(a)finds a thing that the inspector believes,
on reasonable grounds, tobe—(i)a
thing (other than the evidence) that will afford evidence ofthe
commission of the offence mentioned in subsection (1);or(ii)athingthatwillaffordevidenceofthecommissionofanother offence against this Act; and(b)the inspector believes, on reasonable
grounds, that it is necessaryto seize the
thing to prevent—(i)its concealment, loss or destruction;
or(ii)its use in
committing, continuing or repeating the offence
s
10947Art Unions Act 1992s 109mentioned in subsection (1) or the other
offence, as the casemay be;subsection (2)
applies to the thing as if it were the evidence.˙General powers of inspector in relation
to places109.(1)An inspector who
enters a place under this part may exercise anyof 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 onthe
place;(d)take into or onto the place such
persons, equipment and materialsas the inspector
reasonably requires for the purpose of exercisingany
powers in relation to the place;(e)require the occupier or any person in or on
the place to give to theinspector reasonable assistance in
relation to the exercise of thepowers 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 arequirement 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 orproduceadocument(otherthanadocumentrequiredtobekeptbythepersonunderaregulation)ifansweringthequestion,orproducingthedocument, 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.
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11048Art Unions Act 1992s 110(5)The notice must be given to—(a)ifanythingisseized—thepersonfromwhomthethingwasseized; or(b)if
damage was caused to anything—the person who appears tothe
inspector to be the owner of the thing.(6)On
the hearing of a proceeding for an offence against this Act or in
aproceeding brought for the recovery of
compensation under this section, acourtmayorderthepaymentofcompensationtoapersonforanylossresulting from
the unreasonable exercise of powers under this part.(7)This section does not limit any power
that an inspector has apart fromthis
section.˙Offence related warrants110.(1)An inspector may
apply to a magistrate for a warrant under thissection in
relation to a particular place.(2)Subject to subsection (3), the magistrate
may issue the warrant if themagistrateissatisfied,byinformationonoath,thattherearereasonablegrounds for
suspecting that there is, or there may be within the next 7
days,inorontheplaceaparticularthing(“theevidence”)thatmayaffordevidence of the
commission of an offence against this Act.(3)If
the magistrate requires further information concerning the
groundson which the issue of the warrant is being
sought, the magistrate must notissuethewarrantunlesstheinspectororanotherpersonhasgiventheinformation to the magistrate in the form
(either orally or by affidavit) thatthe magistrate
requires.(4)The warrant must—(a)authorise the inspector, with such
assistance and by such force asis necessary and
reasonable—(i)to enter the place; and(ii)toexercisethepowerssetoutinsection109(1)(a)to(e)(General powers of inspector in
relation to places); and(iii)to seize the
evidence; and
s
11149Art Unions Act 1992s 111(b)state whether the entry is authorised
to be made at any time of theday or night or
only during specified hours of the day or night;and(c)specifytheday(notmorethan14daysaftertheissueofthewarrant) 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 specialcircumstances, including, for example, the
inspector’s remote location, theinspector may,
under this section, apply by telephone, facsimile, radio oranother form of communication for a warrant
under section 110 (Offencerelated warrants).(2)Beforeapplyingforthewarrant,theinspectormustprepareaninformationofthekindmentionedinsection110(2)(Offencerelatedwarrants), that sets out the grounds on which
the issue of the warrant issought.(3)If it is necessary to do so, an
inspector may apply for the warrantbefore the
information has been sworn.(4)If the
magistrate is satisfied—(a)after having
considered the terms of the information; and(b)afterhavingreceivedsuchfurtherinformation(ifany)asthemagistrate requires concerning the
grounds on which the issue ofthe warrant is
being sought;that there are reasonable grounds for issuing
the warrant, the magistratemay, under
section 110 (Offence related warrants), complete and sign
thewarrant that the magistrate would issue under
the section if the applicationhad been made
under the section.(5)Ifthemagistratecompletesandsignsthewarrant,themagistratemust immediately
send a copy of the warrant to the inspector by facsimileor,
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
11150Art Unions Act 1992s 111(ii)telltheinspectorthedayandtimewhenthewarrantwassigned; 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 warrantcompleted and signed by the
magistrate; and(ii)write on the
form of warrant the name of the magistrate andthe 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 thewarrant (whichever is the earlier);
or(b)if it is not practicable to comply
with paragraph (a)—as soon aspracticable
after the day mentioned in the paragraph;send to the
magistrate—(c)theinformationmentionedinsubsection(2),whichmusthavebeen properly
sworn; and(d)ifaformofwarrantwascompletedbytheinspectorundersubsection (5)(b)—the completed form of
warrant.(7)Whenthemagistratereceivesthedocumentsmentionedinsubsection (6), the magistrate
must—(a)attachthemtothewarrantthatthemagistratecompletedandsigned; and(b)deal
with them in the way in which the magistrate would havedealt with the information if the
application for the warrant hadbeen made under
section 110 (Offence related warrants).(8)Afacsimilecopyofawarrant,oraformofwarrantproperlycompletedbytheinspectorundersubsection(5)(b),isauthorityforanyentry, search, seizure or other
exercise of a power that the warrant signed bythe magistrate
authorises.
s
11251Art Unions Act 1992s 112(9)If—(a)itismaterialforacourttobesatisfiedthatanentry,search,seizure or other exercise of power was
authorised by this section;and(b)the warrant completed and signed by
the magistrate authorisingthe exercise of power is not produced
in evidence;the court must assume, unless the contrary is
proved, that the exercise ofpower was not
authorised by such a warrant.˙Inspector may require name and address112.(1)An inspector
who—(a)finds a person committing, or finds a
person who the inspectorhas reasonable grounds for suspecting
of having committed, anoffence against this Act; or(b)believes on reasonable grounds that
the name and address of apersonisrequiredforthepurposeoftheadministrationorenforcement of this Act;may require the
person to state the person’s name and address and, if theinspector believes on reasonable grounds that
the name or address given isfalse, may
require evidence of its correctness.(2)A
person who is required under subsection (1) to state the
person’sname 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 thecorrectness of a
name or address must not fail to give the evidence or givefalse
evidence.Maximum penalty—40 penalty units.(4)If—(a)aninspectormakesarequirementundersubsection(1)onasuspicion of a
person having committed an offence; and
s
11352Art Unions Act 1992s 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 questions113.(1)If an inspector
believes on reasonable grounds that a person maybe
able to provide information relevant to the administration or
enforcementof this Act, the officer may require the
person to answer a question relevantto the
administration or enforcement of this Act.(2)A
person who is required under subsection (1) to answer a
questionmust 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
ifanswering the question might tend to
incriminate the person.˙Other powers of
inspectors114.(1)Subject to
subsection (2), an inspector may, for the purposes ofthis
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 personunder this
Act;(b)inspect, take extracts from, make
copies of or keep a documentproduced 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
forthepurposeoftakingcopiesofthedocumentandmust,assoonaspracticable after taking the copies, return
the document to the person whoproduced
it.
s
11553Art Unions Act 1992s 117˙Obstruction of inspectors115.Apersonmustnotobstructorhinder,orattempttoobstructorhinder, an inspector in the exercise of a
power or performance of a dutyunder this
Act.Maximum penalty—50 penalty units.˙False or misleading information116.(1)A person must
not—(a)make a statement to the chief
executive in an application for anauthority or in
any further information given to the chief executiveundersection89(Chiefexecutivemayrequirefurtherinformation)thatthepersonknowsisfalseormisleadinginamaterial particular; or(b)omitfromastatementmentionedinparagraph(a)anythingwithoutwhichthestatementistotheperson’sknowledge,misleading in a
material particular; or(c)make a statement
to an inspector that the person knows is false ormisleading in a material particular;
or(d)omitfromastatementmadetoaninspectoranythingwithoutwhich the statement is, to the person’s
knowledge, misleading ina material particular.Maximum penalty—100 penalty units.(2)A complaint against a person for an
offence against subsection (1) issufficient if it
states that the information given was false or misleading tothe
person’s knowledge.˙False or misleading documents117.Apersonmustnotgivetothechiefexecutiveoraninspectoradocument containing information that
the person knows is false, misleadingor incomplete in
a material particular without—(a)indicating to the chief executive or the
inspector that the documentis false,
misleading or incomplete and the respect in which thedocument is false, misleading or incomplete;
and
s
11854Art Unions Act 1992s 123(b)givingthecorrectinformationtothechiefexecutiveortheinspector if the
person has, or can reasonably obtain, the correctinformation.Maximum
penalty—100 penalty units.˙Fraud in relation
to art unions118.A person must
not, with intent to defraud, conduct an art union insuch
a way that every holder of a ticket in the art union does not have
a fairand 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 proceeds119.A person must
not fraudulently take, or fraudulently convert to theperson’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
inspector120.A person must
not pretend to be an inspector.Maximum
penalty—50 penalty units.†PART
9—MISCELLANEOUS˙Evidentiary provisions123.(1)This section
applies to any proceeding under or in relation to thisAct.(2)It is not
necessary to prove the appointment of an inspector or theauthority of an inspector to do anything
under this Act.
s
12455Art Unions Act 1992s 124(3)A signature purporting to be that of
the chief executive or an inspectoris evidence of
the signature it purports to be.(4)A
certificate purporting to be signed by the chief executive
statingthat—(a)a
specified document is a copy of an authority or direction
issuedunder this Act; or(b)on a
specified day, or during a specified period, a specified
personwas 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
orwas not subject to specified conditions;
or(d)on a day mentioned in the certificate,
a specified person was givena direction
under this Act; or(e)a specified document is a copy of a
part of a register kept underthis Act;
or(f)an amount payable under this Act by a
specified person has notbeen paid;is evidence of
the matter stated in the certificate.˙Chief
executive may inquire into applications124.(1)Thechiefexecutivemay,inrelationtoanapplicationfor,orrenewal of, an authority inquire
into—(a)iftheapplicantisanindividual—thefame,characterandsuitability of the applicant; or(b)iftheapplicantisacorporation—thefame,characterandsuitability of each executive officer of the
corporation; or(c)iftheapplicantisanassociation—thefame,characterandsuitability of each member of the management
committee; or(d)if the applicant is applying for a
permit to conduct a major artunion or major
bingo—the fame, character and suitability of eachmember of the special committee and the
promoter.
s
12556Art Unions Act 1992s 126(2)The chief executive may obtain a
report from the Commissioner ofthe Police
Service in respect of the criminal history of the applicant and
anyof the persons mentioned in paragraphs (b) to
(d).(3)A report under subsection (2) must
include reference to or disclosureof convictions
mentioned in theCriminal Law (Rehabilitation of
Offenders)Act 1986, section
6.˙Confidentiality of information125.If while
performing duties under, or in relation to, this Act a
persongetsinformation,thepersonmustnot,whetherdirectlyorindirectly,disclose or make
use of the information except for a purpose under this Actor a
Gaming Act.Maximum penalty—60 penalty units.˙Regulations126.(1)The
Governor in Council may make regulations under this Act.(2)Aregulationmaybemadewithrespecttoanyofthefollowingmatters—(a)the records to be kept and returns to
be lodged by the holder of anauthority and
requirements as to the inspection of the records;(b)the matters in respect of which fees,
costs, charges and taxes arepayable under
this Act, the amounts of the fees, costs, chargesandtaxes,thepersonswhoareliabletopaythefees,costs,chargesandtaxes,whenthefees,costs,chargesandtaxesarepayable,andtherecoveryofanyamountofthefees,costs,charges and taxes not paid;(c)the method of giving notices,
approvals, directions, orders andother
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 artunions;(f)the security and form of security to
be given by applicants forauthorities under this
Act;
s
12757Art Unions Act 1992s 127(g)controlling ticket sellers and the
selling of tickets in art unions,providing for
accounting of receipts and expenditure, the drawingof
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 begiven to an offender advising that a
prescribed penalty may bepaid 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 fixinga maximum
penalty of a fine of not more than 20 penalty unitsfor
such a contravention.†PART
11—TRANSITIONAL PROVISIONS˙References to
earlier Acts127.In an Act or
document, a reference to any of the following Actsmay,
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.
59Art Unions Act 19923´AIAamdamdtchdefdivexpgazhdginslapnotfdo in compparaprecpres==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedpageparagraphprecedingpresentprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum==================previouspreviouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.Amendments includedReprint
date1none1 February
19932to Act No. 17 of 199527
July 19952Ato Act No. 58 of 199530
July 19962Bto Act No. 47 of 19966
December 19962Cto Act No. 34 of 19972
August 19972Dto Act No. 57 of 199714
November 19972Eto Act No. 81 of 19975
January 19983to Act No. 81 of 199820
January 19983Ato Act No. 14 of 19981
September 1998
60Art Unions Act 1992´5Tables in earlier reprintsName
of tableTABLES IN EARLIER REPRINTSChanged citations and remade lawsChanged names and titlesCorrected minor
errorsReprint No.221´6List of legislationArt
Unions Act 1992 No. 34 (prev Art Unions and Public Amusements Act
1992)date of assent 2 July 1992ss
1–2 commenced on date of assentss 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
1date of assent 14 December 1993commenced on date of assentClassification of Computer Games and Images
(Interim) Act 1995 No. 17 pts 1, 9s 71 sch 1date
of assent 11 April 1995ss 1–2 commenced on date of
assentremaining provisions commenced 1 July 1995
(1995 SL No. 146)Statute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1date of assent 28 November 1995commenced on date of assentStatute Law Revision (No. 2) 1995 No. 58 ss
1–2, 4 sch 1date of assent 28 November 1995commenced on date of assentKeno
Act 1996 No. 47 ss 1, 244 sch 3date of assent 15
November 1996commenced on date of assentArt
Unions and Public Amusements Amendment Act 1997 No. 16date
of assent 15 May 1997commenced on date of assentLotteries Act 1997 No. 34 ss 1–2, 231date
of assent 18 July 1997ss 1–2 commenced on date of
assentremaining provisions commenced on 1 August
1997 (1997 SL No. 230)
61Art Unions Act 1992Treasury
Legislation Amendment Act 1997 No. 57 s 1 pt 2date of assent 16
October 1997commenced on date of assentStatute Law (Miscellaneous Provisions) Act
1997 No. 81 ss 1–3, schdate of assent 5 December 1997commenced on date of assentInteractive Gambling (Player Protection) Act
1998 No. 14 ss 1–2, 264date of assent 26 March 1998ss
1–2 commenced on date of assentremaining
provisions commenced 1 October 1998 (1998 SL No. 257)´7List of
annotationsTitleamd 1997 No. 16 s 3Short
titles 1sub 1997 No. 16 s 4Commencements 2om R2
(see RA s 37)Objects of Acts 3amd
1997 No. 16 s 5Definitionss 4def“Gaming Act”ins 1996 No. 47 s
244 sch 3def“public amusement”om 1997 No. 16 s
6def“sporting purpose”amd 1993 No. 76 s
3 sch 1Meaning of “art union”s 5amd
1997 No. 34 s 231(2); 1998 No. 14 s 264(2)PART 2—BASIC
CONCEPTSDivision 2—What is a public amusement?div
hdgom 1997 No. 16 s 7Meaning of “public
amusement”s 19om 1997 No. 16 s 7Requirements of
applicant for bingo centre licences 52sub
1993 No. 76 s 3 sch 1Sale of lucky envelopes on licensed
premises where liquor is solds 67amd
1993 No. 76 s 3 sch 1PART 4—PUBLIC AMUSEMENTSpt
hdgom 1997 No. 16 s 8Division
1—Authority to conduct public amusementdiv hdgom
1997 No. 16 s 8
62Art Unions Act 1992Person who
conducts public amusement must be licensed etc.s 76amd
1995 No. 17 s 71 sch 1om 1997 No. 16 s 8Issue or renewal
of licences to conduct public amusementss 77om
1997 No. 16 s 8When application for licence must be
mades 78om 1997 No. 16 s 8Term of licence
and renewals 79om 1997 No. 16 s 8Approval of public
amusements 80amd 1995 No. 17 s 71 sch 1om
1997 No. 16 s 8Division 2—Public amusement place
licencediv hdgom 1997 No. 16 s
8Issue and renewal of public amusement place
licencess 81om 1997 No. 16 s 8Place where 4 or
more public amusements are conducted to be licenseds
82om 1997 No. 16 s 8When application
must be mades 83om 1997 No. 16 s 8Term of licence
and renewals 84om 1997 No. 16 s 8Division
3—Generaldiv hdgom 1997 No. 16 s
8Disqualification from holding licences
85om 1997 No. 16 s 8Matterstobeconsideredbychiefexecutiveindecidingwhethertoissueorrenew
licence under parts 86om 1997 No. 16 s 8Inspection before
issue or renewal of authoritys 88amd
1997 No. 16 s 9Direction by chief executive to authority
holder to take actions 95amd 1997 No. 57 s
4Cancellation or suspension of
authoritys 96amd 1997 No. 16 s 10Suspension of authority in exceptional
circumstancess 97amd 1997 No. 16 s 11Register to be maintaineds 105amd
1997 No. 16 s 12