QueenslandLOTTERIESACT1994Reprinted as in
force on 12 December 1996(includes amendments up to Act No. 54
of 1996)Warning—see last endnote for uncommenced
amendmentsReprint No. 1AThis 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 12 December 1996.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day
(Reprints Act 1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.This page is specific to this
reprint.See previous reprint for information about
earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included
inthe endnotes.Also see endnotes
for information about—•when provisions
commenced•provisionsthathavenotcommencedandarenotincorporatedinthereprint•editorial changes made in earlier
reprint.
s15s4Lotteries Act 1994LOTTERIES ACT
1994[as amended by all amendments that commenced
on or before 12 December 1996]An Act to provide
for the Golden Casket Lottery Corporation and theconduct and administration of lotteries, and
for other purposes†PART 1—PRELIMINARY˙Short
title1.This Act may be cited as theLotteries Act 1994.˙Commencement2.(1)Section 85 commences on the date of
assent.(2)Theremainingprovisionscommenceonadaytobefixedbyproclamation.˙Objects3.The
objects of this Act include—(a)regulating the conduct of lotteries under a
single Act; and(b)regulating activities that tend to
detract from the integrity of theconduct of
lotteries.˙Definitions4.In
this Act—“agency agreement”means an
agreement between the corporation and aperson (other
than an individual who is a minor) providing for—
s46s4Lotteries Act 1994(a)the
appointment of the person as an agent for the corporation
forthe conduct of lotteries; and(b)the person’s authority as an agent;
and(c)the conditions under which the person
acts as, and remains, anagent of the corporation; and(d)other matters agreed between the
corporation and the person.“agencypaymentperiod”,foralottery,meanstheperiodprescribedunder the rules
for the lottery during which a prize in a drawing of thelottery may be claimed from an agent.“agent”means a person
appointed under an agency agreement.“anotherjurisdiction”meansanotherState,aTerritoryoraforeigncountry.“board”means the Golden
Casket Board.“bonus prize money”see section
21(1).“chief executive officer”means the
corporation’s chief executive officer.“closure”, of
a lottery, means—(a)if there is a drawing of the
lottery—when the computer systemdoes not allow a
functioning gaming terminal to issue an entryform for the
lottery; or(b)in any other case—the day fixed by the
corporation for the closureof the lottery
by notice displayed at the corporation’s offices.“computer system”see section
5(1).“conduct”includes
advertise, control, develop, manage, operate, organiseand
promote.“corporation”means the Golden
Casket Lottery Corporation.“criminal history”of a person
means the person’s criminal record withinthemeaningoftheCriminalLaw(RehabilitationofOffenders)Act1986, and, despite
section 6 of that Act, includes a conviction to whichthe
section applies.“employee”of the
corporation means—(a)the chief executive officer;
or
s47s4Lotteries Act 1994(b)anyone else employed as part of the
corporation’s staff (includingtemporary
staff).“entry form”means a document
or thing that, under this Act, evidencesthe right of a
person to take part in a lottery.“foreign
agency”means any of the following—(a)a department of government of another
jurisdiction authorised bythe law of the other jurisdiction to
conduct a gaming scheme;(b)astatutorybodyorcorporationestablishedunderthelawofanotherjurisdictionthatisauthorisedbythelawoftheotherjurisdiction to
conduct a gaming scheme;(c)anotherentitypermittedbythelawofanotherjurisdictiontoconduct a gaming scheme or similar
activity.“gaming scheme”means a game,
scheme or arrangement offering prizesin which the
winners are decided—(a)wholly or partly
by chance; or(b)by a competition or another activity
having an outcome dependingon fate or
guessing.Example of a competition depending on
guessing—In Soccer Football Pools, winning depends on
guessing the outcome of soccerfootball
matches.“gaming terminal”see section
5(3).“lottery”means a gaming
scheme conducted by the corporation under thisAct.“pay a
prize”includes deliver the prize.“prize”foralotterymeansmoney,entryformsinalotteryorotherproperty of any
description.“publishing”an advertisement
or notice includes displaying or distributingthe
advertisement or notice.“selling fee”see section
6.“subscriber”meansapersonwhopays,orcontributestopaying,asubscription.
s58s6Lotteries Act 1994“subscription”see section
6.“symbols”includes
amounts, letters, pictures, numbers and words.“unclaimed prize
money”see section 28(1).˙Meaning of “computer system”5.(1)The“computersystem”isthecomputersystemownedandoperated by the corporation—(a)to process entry forms in a lottery;
and(b)to supply a receipt to a subscriber;
and(c)to identify whether an entry is a
winning entry.(2)The computer system includes—(a)the hardware, including, for example,
gaming terminals; and(b)the software
used on the hardware; and(c)other equipment
used to transfer information.(3)A“gaming terminal”is a terminal
that is—(a)part of the computer system;
and(b)used at the point of sale of entry
forms in a lottery.(4)Thegamingterminalsandotherequipmentthatarepartofthecomputer system are the property of the
corporation even though they maybe located at the
premises of an agent.(5)The computer
system may be used for some or all lotteries.˙Meaning of “selling fee” and
“subscription”6.(1)A person who
wishes to take part in a lottery pays an amount madeup of
a“selling fee”and a“subscription”.(2)The“selling
fee”is the amount set by the corporation, and
notified inthe gazette, as the amount to which an agent
is entitled for processing theentry form for
the person for the lottery.(3)The“subscription”istheamountsetbythecorporation,andnotified in the gazette, as a subscription
for the lottery.
s79s9Lotteries Act 1994†PART
2—CORPORATION AND BOARD†Division
1—Golden Casket Lottery Corporation and its functions˙Continuance of corporation sole7.(1)ThecorporationsoleestablishedundertheGoldenCasketArtUnion Act 1978by the manager
of the Golden Casket Art Union Office iscontinuedunderthenameGoldenCasketLotteryCorporationasacorporation constituted by the chief
executive of the department.(2)The
corporation—(a)is a corporation sole; and(b)has a seal; and(c)may
sue and be sued in its corporate name.(3)In
constituting the corporation, the chief executive is subject to
theMinister.˙Corporation represents the State etc.8.(1)The corporation
represents the State.(2)Without limiting
subsection (1), the corporation has all the privilegesand
immunities of the State and is an exempt public authority under
theCorporations Law.˙Functions of corporation9.The
corporation’s functions are—(a)to
conduct lotteries efficiently; and(b)to
decide the number and type of agency agreements; and(c)to enter into agency agreements and to
ensure that the activities ofagents do not
impeach the conduct of lotteries or the corporation’sreputation; and(d)to
take part with foreign agencies in conducting lotteries in
the
s
1010s 10Lotteries Act
1994State or other jurisdictions; and(e)toincreasethecorporation’sprofitsbyexploringwaysofincreasingitsincomefromwithinandoutsidetheState,including, for
example, commercially exploiting its property orexpertise alone or with someone else;
and(f)to perform other functions conferred
on it under this or anotherAct.†Division 2—Powers of the
corporation˙General powers of corporation10.(1)The corporation
has, in performing its functions, all the powers ofan
individual.(2)Without limiting subsection (1), the
corporation may, for example—(a)enter into contracts, including agency
agreements; and(b)acquire, hold, dispose of and deal
with property; and(c)employachiefexecutiveofficerandotherstaff,includingtemporary staff;
and(d)engage consultants; and(e)appoint persons (other than under
agency agreements) to act forthe corporation;
and(f)charge for goods, information and
services supplied by it; and(g)doallotherthingsnecessaryordesirabletobedoneinperforming its functions.(3)The corporation also has the powers
conferred on it under this oranother
Act.(4)ThecorporationmayexerciseitspowerswithintheStateorinanother jurisdiction.(5)In this section—“power”includes legal capacity.
s
1111s 12Lotteries Act
1994˙Agreement with foreign agency11.(1)The corporation
may make an agreement with a foreign agencyabout the conduct
of a gaming scheme—(a)by the corporation; or(b)by the foreign agency; or(c)by the corporation and the foreign
agency.(2)The corporation may, for example, make
an agreement with a foreignagency under
which—(a)theforeignagencyistoprovidefacilitiesandmanagerialortechnical help and advice to the
corporation; and(b)the corporation is to obtain from the
foreign agency other help toconduct a gaming
scheme.(3)The corporation may also, for example,
make an agreement with aforeign agency under which—(a)the corporation is to provide
facilities and managerial or technicalhelp and advice
to the foreign agency; and(b)the foreign
agency is to obtain from the corporation other help toconduct a gaming scheme.(4)This
section does not limit by implication the corporation’s
functionsand powers apart from this section.˙Corporation may examine character and
other matters about certainpersons12.(1)This
section applies when—(a)the corporation
intends employing an individual; or(b)an
employee’s duties in the corporation change.(2)Thecorporationmustconsiderthesuitabilityoftheindividualoremployee if the duties of the individual, or
the new duties of the employee,involve any of
the following—(a)accesstothecorporation’saccountingrecordsorcomputersystem;
s
1312s 13Lotteries Act
1994(b)access to the corporation’s premises
after normal working hours;(c)dealingwithentryforms,including,forexample,distributing,processing,
selling or storing entry forms;(d)paying prizes;(e)any
other duties the corporation decides may involve a financialrisktothecorporationorrisktotheintegrityofalotteryorlotteries.(3)In
considering the suitability of the individual or employee to
performa duty mentioned in subsection (2), the
corporation must have regard to,andmaymakeinquiriesabout,theperson’scharacterandstanding,financial
position and business and training experience.Example—The
corporation’s inquiries about an individual’s character and
standing mayinclude asking the commissioner of the police
service for a written report about theperson’s criminal
history.(4)If asked by the corporation, the
commissioner of the police servicemust give the
corporation a written report about the criminal history of aperson mentioned in subsection (1).(5)Subsection (4) applies to the criminal
history in the commissioner’spossession or to
which the commissioner has access.(6)Subsections(3)and(4)donotlimitthematterstowhichthecorporation may have regard in considering
the suitability of—(a)an individual that it intends to
employ; or(b)an employee whose duties in the
corporation are changing.˙Power of
delegation13.(1)The corporation
may delegate its powers under this Act or anotherAct
to an employee of the corporation, the board or a member of the
board.(2)The corporation may authorise a person
to whom it has delegated apower to subdelegate the power to an
employee of the corporation.
s
1413s 15Lotteries Act
1994†Division 3—Golden Casket Board˙Establishment and functions of
board14.(1)Thecorporationmay,withtheapprovaloftheGovernorinCouncil, establish the Golden Casket
Board.(2)The board’s primary function is to
act, within the limits of the powersdelegated to the
board by the corporation, as the delegate of the
corporation,including for the following—(a)setting,andmeasuringachievementagainst,financialandnon-financial performance targets;(b)developingbusinessstrategiestooptimisethecorporation’scommercial
performance;(c)guiding the corporation’s marketing
strategies through advertisingandpromotioncampaigns,distributionstrategiesandcustomerservice
standards;(d)researching and developing new gaming
schemes and products tomaintainandenhancethecorporation’spositionintheentertainment
industry;(e)investigatingtechnologicalinitiativestoimproveoperationalefficiency and
customer service;(f)reviewing decisions made by the
corporation that affect agents.(3)Theboardmustperformtheotherfunctionsprescribedunderaregulation.˙Appointment of board members15.(1)The Governor in
Council may appoint—(a)persons to be
members of the board; and(b)1 of the members
to be the board’s chairperson.(2)The
regulations may prescribe—(a)the number of
members; and
s
1614s 18Lotteries Act
1994(b)matters to which the Governor in
Council must have regard whenappointing
members, including, for example, qualifications.†PART 3—CONDUCT OF LOTTERIES˙Conduct of lotteries lawful16.(1)The conduct of
lotteries by the corporation is lawful.(2)If
there is a law about gaming schemes or gaming that would
makeany of the following an offence, the law does
not have effect to the extentnecessary for the
following to be lawful—(a)anything done by
or for the corporation in the conduct of a lottery;(b)subscribing for a lottery;(c)doing anything else required or
authorised to be done under thisAct.(3)This section has effect despite any
other law that deals with gamingschemes or
gaming.˙Entry forms17.(1)An
entry form is evidence of the subscriber’s right to take part
inthe lottery specified in the entry form or
for which the entry form is used.(2)An
entry form remains the corporation’s property at all times.˙Use of security codes and other tests
to check entry forms and prizes18.(1)The
corporation may use security codes or other tests for entryforms—(a)to
ensure that forged or fraudulently altered entry forms are
nottaken to be winning entries; and(b)to provide a way of deciding whether
an entry form is a winningentry and, if so, the amount of the
prize.
s
1915s 20Lotteries Act
1994(2)The corporation may record security
codes on entry forms.(3)The corporation
may also put into effect tests for entry forms.(4)If
the corporation or an agent decides that an entry form does
notdisplayavalidsecuritycodefortheentryform,orsatisfyothertestsrelevant to the
entry form, the corporation or agent must not pay a prize
forthe entry form.(5)Subsection (4) has effect even though the
entry form appears to be avalid winning entry.˙Independent supervision of
lotteries19.(1)The
auditor-general must supervise—(a)the
systems used to decide winning symbols and prize winners inalotterytoensurethesecurityandefficientoperationofthesystemsincluding,forexample,thecodesandothertestsmentioned in section 18 (Use of security
codes and other tests tocheck entry forms and prizes);
and(b)the operation of the systems for each
lottery; and(c)the accuracy of the results for each
lottery.(2)If the results of a lottery are to be
decided by a drawing in anotherjurisdiction
under the laws of the jurisdiction, the auditor-general need
notsupervise the drawing.˙Prizes20.(1)The
prizes to be distributed in a drawing of a lottery must be
inaccordance with—(a)the
rules for the lottery; and(b)to the extent
that the rules for the lottery do not specify a prizestructureforthelottery,theprizestructureapprovedbytheMinister for the lottery.(2)However, the total value of the prizes
for a drawing must be not lessthan 50% of the
total subscriptions for the drawing.(3)If a
prize in a drawing of a lottery is property other than money
or
s
2116s 23Lotteries Act
1994entry forms for a lottery, the value of the
property is taken to be the cost ofthe property to
the corporation.˙Bonus prize money21.(1)Aruleforalotterymayprovideforputtingasideanamount(“bonus
prize money”) from the value of prize money to be
distributed ina drawing of the lottery even though section
20(2) (Prizes) would not becomplied
with.(2)Bonus prize money may be accumulated
with bonus prize money fordrawing in the same lottery or another
lottery.(3)Bonus prize money must be distributed
from time to time in paymentof a prize or an
additional prize in a lottery.(4)Until bonus prize money is distributed, it
must be recorded in thecorporation’s accounts as a
reserve.(5)However,bonusprizemoneymaybeinvestedaspartofthecorporation’s funds.˙Jackpots22.(1)Aruleforalotterymayprovideforputtingasideanamount(a“jackpot”) for a prize
for which there is no winner, even though, for adrawing, section 20(2) would not be complied
with.(2)Therulemustprovideforhowthejackpotmaybewoninasubsequent drawing for the
lottery.(3)Until a jackpot is distributed, it
must be recorded in the corporation’saccounts as a
reserve.(4)However,ajackpotmaybeinvestedaspartofthecorporation’sfunds.˙Pooling arrangements23.(1)This section
applies if—(a)thereisanagreementbetweenthecorporationandaforeignagency about the
conduct of a gaming scheme (the“scheme”)
by
s
2417s 24Lotteries Act
1994the corporation and the foreign agency;
and(b)the scheme is a combination of—(i)a lottery; and(ii)anequivalentgamingschemeconductedbytheforeignagency (the“foreign gaming
scheme”); and(c)for
the scheme, the following amounts are pooled (the“pooledamounts”)—(i)amounts paid as
subscriptions for the lottery;(ii)amounts paid by persons to the foreign
agency in taking partin the foreign gaming scheme;
and(d)the scheme has—(i)a
single drawing; and(ii)a single
schedule of prizes.(2)Despite section 20(2), the value of
prizes paid to persons from whomthe corporation
receives subscriptions may be less than 50% of the total ofthe
subscriptions if the value of prizes for a drawing under the scheme
isnot less than 50% of the pooled amounts for
the drawing.(3)If a prize in a drawing under the
scheme is property other than moneyor entry forms
for the scheme, the value of the property is taken to be thecost
of the property to the scheme.(4)Toavoiddoubt,thissectionmaybeappliedinconjunctionwithbonus
prize money arrangements, jackpot arrangements, or both.˙Withdrawal of unsold entry forms in
certain circumstances24.(1)This section
applies to a lottery if, under the rules for the lottery, aperson takes part in the lottery through
entry forms that are printed in a wayenabling a person
to find out immediately whether the person has won aprize.Example—A
lottery known as instant casket, commonly known as instant
scratch-its.(2)The corporation may withdraw all entry
forms for a drawing in thelottery, and for which no subscription
has been paid, if—
s
2518s 25Lotteries Act
1994(a)thedrawingforthelotterycannotproceedinawaythatissubstantially consistent with the prize
structure for the drawingbecause of the way the entry forms
have been printed; or(b)prizesincludedintheprizestructureforthelotteryarenolonger—(i)available; or(ii)of
any value.Example for subsection (2)(b)(ii)—Some
of the prizes for the drawing are tickets to a sporting event, but
the event isheld before all entry forms have been
subscribed for.(3)Thecorporationmaywithdrawentryformsforadrawinginthelottery if the forms are damaged or
stolen.(4)However, the corporation must not
withdraw entry forms under thissection until it
notifies the withdrawal in the gazette.(5)Also, as soon as practicable after entry
forms are withdrawn undersubsection(2),thecorporationmustadvertisethewithdrawalinanewspapercirculatinggenerallyintheState,andmayadvertisethewithdrawal in any other way.(6)Subsections (2) and (3) apply despite
section 20(2).˙Claims for prizes25.(1)In
the agency payment period for a lottery, a claim for payment
ofa prize in the lottery may be made to the
corporation or an agent.(2)Aftertheagencypaymentperiodforalotteryends,aclaimforpayment of a prize in the lottery may be made
only to the corporation.(3)A subscriber’s
entitlement to claim a prize in a lottery continues untilwhichever of the following first
happens—(a)the prize is paid under the
Act;(b)the end of 7 years after the lottery
closes even though the prizehasbeendealtwithundersection27(Disposalofunclaimedprizes that are
property) or 28 (Unclaimed prizes generally).(4)The
rules of a lottery may provide that a person who is
registered
s
2619s 27Lotteries Act
1994with the corporation for the lottery need not
make a claim for payment of aprize to which
the person is entitled.˙Payment of
prizes26.(1)If the holder of
an entry form that has won a prize in a lotteryclaims the prize
and gives the entry form to the corporation or an agent, thecorporation or agent may pay the prize to the
person or as directed by theperson.(2)However, an agent must not pay a claim
for a prize that is more thanan amount stated
in the agency agreement between the corporation and theagent.(3)The
corporation or an agent need not inquire, and does not incur
anyliability for failing to inquire, into
whether a person from whom an entryform is
received—(a)is the actual subscriber, or lawful
holder, of the entry form; or(b)is a
minor or otherwise under a legal disability.(4)After the agency payment period ends, the
corporation may pay aprize to, or as directed by, a person
registered with it whom the corporationbelieves to be
the subscriber to the prize winning entry.(5)The
obligation of the corporation, or an agent, to pay a prize in
alottery is fully complied with and discharged
on payment of the prize underthis Act.˙Disposal of unclaimed prizes that are
property27.(1)This section
applies to a prize in a lottery if—(a)it
is property other than money or entry forms in a lottery;
and(b)itisnotpaidundersection26(Paymentofprizes)within3
months after the lottery closes.(2)The
corporation—(a)may dispose of the property by public
auction or tender; and(b)pay for the
disposal from the proceeds of the sale; and
s
2820s 31Lotteries Act
1994(c)must keep and deal with the remainder
of the proceeds as if theremainder were the prize in the
lottery.(3)On disposal of a prize under
subsection (2), entitlement to the prize isconverted to an
entitlement to the remainder kept under the subsection.˙Unclaimed prizes generally28.(1)If a prize in a
lottery is not properly claimed or is not paid undersection 26 (Payment of prizes), the
corporation must identify the amount ofthe prize in its
accounting records as unclaimed prize money for 1 year afterthe
closure of the lottery.(2)After unclaimed
prize money has been identified under subsection (1)for 1
year, the corporation may use the money for the payment of a prize,
oran additional prize, in a lottery.(3)This section does not affect a
person’s entitlement to claim a prize ina lottery for 7
years after the closure of the lottery.†PART
4—FINANCIAL PROVISIONS˙Application of
Financial Administration and Audit Act 197729.ThecorporationisastatutorybodywithinthemeaningoftheFinancial Administration and Audit Act
1977.˙Payments to the
public accounts30.The corporation must, as directed by
the Minister, pay into the publicaccounts amounts
surplus to the corporation’s requirements.˙Investment of funds31.(1)The
corporation is taken to be a statutory body under theStatutoryBodies Financial
Arrangements Act 1982, part 5.(2)TheStatutory Bodies Financial
Arrangements Act 1982, sections 48
s
3221s 33Lotteries Act
1994and 50, (other than the provisions already
applied under section 50(2) ofthat Act) are
declared to apply, without limit of time, for the corporation
forall securities, investments and other
financial arrangements.†PART
5—OFFENCES˙Participation by minors
prohibited32.(1)A person must
not accept money for a lottery from a minor.Maximum
penalty—20 penalty units.(2)It is a defence
to a charge against subsection (1) to prove that thedefendant had no reason to believe, and did
not believe, that the person fromwhomthemoneyforthelotterywasacceptedwasaminor,andtheoperation of the Criminal Code, section
24 on the charge is excluded.(3)In
this section—“money for a lottery”includes a
subscription, selling fee or a contributionto a
subscription or selling fee.˙Ways
of forecasting winning entries prohibited unless authorised33.(1)A person must
not, without the corporation’s written approval,supply, for gain or reward, a device, method,
plan, scheme or system—(a)for which it is
stated or implied by or for the person; or(b)thatimplies,iscalculatedtoimplyorislikelytobetakenasimplying;that, by its use,
the chances of a person forecasting winning symbols, ormaking a winning guess, in a lottery can be
improved.(2)Apersonmustnot,withoutthecorporation’swrittenapproval,publish or cause
to be published an advertisement or notice that implies, iscalculated to imply or is likely to be taken
as implying, that the person will,orcan,supply,forgainorreward,adevice,method,plan,schemeorsystemthat,byitsuse,thechancesofapersonforecastingwinning
s
3422s 35Lotteries Act
1994symbols, or making a winning guess, in a
lottery can be improved.Maximum penalty—200 penalty
units.˙Impersonation of agent34.A person must not, in Queensland or
another jurisdiction, pretend tobe an
agent.Maximum penalty—200 penalty units.˙Forgery and deception35.(1)A person must
not—(a)forge an entry form or other document
(“lottery document”) ofa
type used by the corporation for a lottery; or(b)knowingly utter a forged entry form or
lottery document.Maximum penalty—200 penalty units.(2)A person forges a document if the
person makes a false document,knowing it to be
false, with the intention—(a)that it may be
used or acted on, in the State or elsewhere, to theprejudice of a person; or(b)that a person may, in the belief that
it is genuine, be induced to do,or refrain from
doing, anything in the State or elsewhere.(3)Without limiting subsection (2), a genuine
document may become afalse document because of—(a)an alteration of the document in a
material respect; or(b)an addition to
the body of the document in a material respect; or(c)anadditionofafalsedate,signature,attestation,sealorothermaterial
matter.(4)A person utters a document if, in the
State or another jurisdiction, theperson—(a)uses or deals with the document;
or(b)attempts to use or deal with the
document; or
s
3623s 38Lotteries Act
1994(c)induces a person to use, deal with or
act on the document; or(d)attemptstoinduceapersontouse,dealwithoractonthedocument.˙Offensive terms prohibited etc.36.(1)Apersonmustnotgivetothecorporationoranagent,forinclusion on an entry form, the name of a
subscriber, or another name ordesignation, that
is obscene, indecent or offensive.Maximum
penalty—20 penalty units.(2)The corporation
or an agent may refuse to accept an entry form, nameor
designation that, in the opinion of the corporation or agent, is
given incontravention of subsection (1).˙Alteration of entry form prohibited
unless authorised37.(1)Apersonmustnot,withoutthecorporation’swrittenauthoritychange, or cause
to be changed, a condition printed on an entry form.Maximum penalty—200 penalty units.(2)In this section—“change”includes obliterate.˙Unauthorised gaming schemes prohibited38.(1)A person must
not conduct a gaming scheme under a name that—(a)is
the name by which a lottery is conducted; or(b)includesawordcontainedinanamebywhichalotteryisconducted.(2)Apersonmustnotconduct,orpermittobeconducted,agamingscheme—(a)in which a prize-winner is decided by
selection of a predecidednumber of symbols from a larger number
of symbols; or(b)in which the selection of a predecided
number of symbols is theway of deciding a numeral that decides
a prize-winner.
s
3924s 39Lotteries Act
1994(3)A person must not, without the
corporation’s written authority, for agaming scheme
conducted by a foreign agency—(a)sell
or offer for sale, or cause to be sold or offered for sale,
anentry in the scheme; or(b)accept, or cause to be accepted, an amount
for the purchase orsubmission of an entry in the scheme.(4)Apersonmustnot,withoutthecorporation'swrittenauthority,publish or cause
to be published an advertisement or notice that promotes,is
calculated to promote, or is likely to be taken as promoting, a
gamingscheme conducted by a foreign agency.Maximum penalty—200 penalty units.˙Offences by certain persons39.(1)This section
does not apply to—(a)an agent, to the extent that the agent
is authorised under an agencyagreement to do
a thing proscribed by this section; or(b)a
person authorised in writing by the corporation to do a
thingproscribed by this section.(2)A person must not, in the State or
another jurisdiction—(a)for the person’s
gain or reward—(i)induce anyone else to take part in a
lottery; or(ii)offer to anyone
else an opportunity to take part in a lottery;or(iii)distribute or
supply, or cause to be distributed or supplied,an entry form;
or(b)advertise or publicly promote
subscription to, or taking part in, alottery.(3)A person must not charge an amount
for—(a)filling in an entry form; or(b)depositinganentryform,directlyorindirectly,withthecorporation; or
s
4025s 41Lotteries Act
1994(c)submitting, or arranging for
submission of, an entry form to thecorporation or
an agent; or(d)accepting a subscription, a selling
fee or part of a subscription orselling fee;
or(e)collecting or distributing a
prize.(4)Apersonmustnot,inQueenslandoranotherjurisdiction,holdhimself or herself out, by advertisement or
in another way, to be available toperform a service
mentioned in subsection (3).Maximum
penalty—200 penalty units.˙Conduct excluded
from s 39 offences40.(1)Apersondoesnotcommitanoffenceagainstsection39if,withoutpaymenttoorasdirectedbythepersonofafee,commission,premium or other
remuneration—(a)the person does something mentioned in
section 39(2), (3) or (4)underanarrangement,notinvolvingpaymentofremunerationmade by the
person with anyone else, under which they are totake
part in a lottery by way of an entry form; and(b)if
the action mentioned in section 39(3) is accepting payment
ofthe whole or part of a subscription or
selling fee—(i)the amount is paid to the corporation
or an agent; and(ii)the entry form
concerned is purchased or, if appropriate, isfilled in and
given to the corporation or an agent.(2)A
person does not commit an offence against section 39(2)(a)(iii)
ifthe distribution or supply is to the
corporation or an agent.˙Selling entry form
after closure of lottery41.(1)A person
(including an agent) must not sell an entry form in alottery after its closure.Maximum penalty—200 penalty
units.
s
4226s 44Lotteries Act
1994(2)In this section—“sell”includes offer for sale.˙Attempts to commit offences42.(1)ApersonwhoattemptstocommitanoffenceagainstthisActcommits an offence.Maximumpenalty—halfthemaximumpenaltyforcommittingtheattempted offence.(2)The
Criminal Code, section 4 (Attempts to commit offences)
appliesto the attempt.˙Offences are summary offences43.An offence against this Act is a
summary offence.†PART 6—MISCELLANEOUS˙Evidentiary provisions44.(1)This section
applies to a proceeding under this Act.(2)Unless a party, by reasonable notice,
requires proof of—(a)the appointment of the chief executive
officer; or(b)the appointment of a person as an
employee of the corporation;the appointment
must be assumed.(3)Asignaturepurportingtobethesignatureofthechiefexecutiveofficer is
evidence of the signature it purports to be.(4)A
certificate purporting to be signed by the chief executive officer
andstating any of the following matters is
evidence of the matter—(a)a stated
document is—(i)an agency agreement; or
s
4527s 46Lotteries Act
1994(ii)an approval or
authority from the corporation; or(iii)an
entry form;(b)on a stated day, or throughout a
stated period, a stated person wasor was not an
agent;(c)an agency agreement was, or was not,
in force on a stated day orthroughout a
stated period;(d)a stated fee or other amount is
payable by a stated person to thecorporation and
has not been paid.˙Application or otherwise of certain
Acts to corporation45.The corporation is—(a)aunitofpublicadministrationundertheCriminalJusticeAct1989; and(b)an agency under theEqualOpportunityinPublicEmploymentAct 1992;
and(c)a public authority under theLibraries and Archives Act 1988;
and(d)an agency under theParliamentary Commissioner Act 1974.˙Corporation’s
employees employed under this Act45A.The
corporation’s employees are to be employed under this Act,and
not under thePublic Service Act 1996.˙Corporation’s seal46.(1)The
corporation’s seal is to be kept by the chief executive
officerand may be used only under the authority of
the corporation.(2)The impressing of the seal to a
document must be witnessed by thechief executive
officer or a person authorised by the chief executive
officer.(3)Judicial notice must be taken of the
imprint of the seal appearing on adocument and the
document must be taken to have been properly sealedunless the contrary is proved.
s
4728s 49Lotteries Act
1994˙Authentication of documents47.Adocumentmadebythecorporation(otherthanadocumentrequired by law
to be sealed) is sufficiently authenticated if it is signed
bythe chief executive officer or a person
authorised by the chief executiveofficer.˙Rules48.(1)Thecorporationmay,withtheMinister'sapproval,makeruleswith
respect to the conduct of, and prizes in, lotteries.(2)A rule is subordinate
legislation.˙Regulations49.(1)The
Governor in Council may make regulations under this Act.(2)Regulations may be made about the
following—(a)the functions and powers of the
corporation and the board;(b)theconductofthebusinessoftheboard,includingthefollowing—(i)meeting procedures;(ii)ways
of voting;(iii)records to be
kept;(c)enteringintoagencyagreements,including,forexample,thematters the corporation must have regard to
before entering intoan agency agreement;(d)fees fixed under agency agreements and
other fees fixed by thecorporation;(e)connectinganagenttothecomputersystem,including,forexample,thesupply,installation,operationandremovalofgaming terminals;(f)thedutiesofagents,including,forexample,keepingandproducingrecords,andprovidingotherinformation,tothecorporation;
s
5029s 52Lotteries Act
1994(g)amountsthecorporationmaychargeanagent,including,forexample, handling and delivery
charges.(3)A regulation may create offences and
prescribe penalties of not morethan 100 penalty
units for the offences.†PART 7—SAVINGS,
TRANSITIONAL ANDVALIDATION PROVISIONS˙Meaning of “repealed Act”50.In
this part—“commencement”means
commencement of this part.“repealed Act”means—(a)theGolden Casket
Art Union Act 1978; or(b)theLotto Act 1981; or(c)theSoccer Football
Pools Act 1976.˙Savings52.(1)Thechangeinnameandconstitutionofthecorporationsoleprescribed by this Act does not
affect—(a)thecontinuityofemploymentofapersonwho,immediatelybeforethecommencement,heldanappointmentwithorwasemployedbytheGoldenCasketArtUnionOfficeandwhocontinues to
hold an appointment with or to be employed by thecorporation; or(b)the
person’s entitlements as an employee.(2)An
agreement made by or for the Golden Casket Art Union Officeunder
or for the purposes of a repealed Act and in force immediately
beforethecommencementistakentobeanagreementmadebyorforthecorporation.
s
5330s 53Lotteries Act
1994(3)AnagreementmadeaboutSoccerFootballPoolsandinforceimmediately
before the commencement is taken to be an agreement madeby
the corporation under this Act.(4)A
right claimed to arise from the conduct of a lottery by the
GoldenCasket Art Union Office before the
commencement may be met by, andenforced against,
the corporation as if the lottery had been conducted underthis
Act.(5)Everylotterybeingconducted,andnotconcluded,atthecommencement is continued and concluded
by the corporation under thisAct.(6)Everyfee,commissionorchargefixedforapurposeunderarepealedAct,andpayableimmediatelybeforethecommencement,continuestobethefee,commissionorchargeforthecorrespondingpurpose under
this Act until other provision is made under this Act.(7)An obligation or indebtedness owed by
a person under a repealed Actcontinues as an
obligation or indebtedness of the person under this Act
untilit is discharged.˙References to repealed Acts etc.53.(1)ThissectionappliestoreferencesinActsanddocumentsinexistence at the commencement.(2)A reference to the following Acts is
taken to be a reference to thisAct—•Golden Casket Art Union Act
1978•Lotto Act 1981•Soccer Football Pools Act 1976.(3)A reference to
the Golden Casket Art Union Office is taken to be areference to the corporation.
32Lotteries Act 19943´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only.]Reprint No.Amendments
includedReprint date1to
Act No. 45 of 19953 May 1996´5List of legislationLotteries Act 1994 No. 56date of assent 4
November 1994ss 1–2, 85 commenced on date of assent (see
s 2(1))remaining provisions commenced 8 December
1995 (1995 SL No. 337)as amended by—Lotteries
Amendment Act 1995 No. 45date of assent 22 November 1995commenced on date of assentPublic
Service Act 1996 No. 37 ss 1–2, 147 sch 2date of assent 22
October 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 December
1996 (1996 SL No. 361)
33Lotteries Act 1994Lotteries
Amendment Act 1996 No. 46date of assent 15 November 1996s 4
commenced 8 December 1995 (see s 2)remaining
provisions commenced on date of assentStatutory Bodies
Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9schdate of assent 20 November 1996ss
1–2 commenced on date of assentremaining
provisions not yet proclaimed into force´6List of annotationsThis
reprint has been renumbered—see table of renumbered provisions in
endnote 7.Definitionss 4def“agency agreement”ins 1995 No. 45 s
2 schamd 1996 No. 46 s 4def“agency payment period”ins 1995 No. 45 s
2 schdef“agent”ins 1995 No. 45 s
2 schdef“application for a lottery
licence”om 1995 No. 45 s 2 schdef“board”amd 1995 No. 45 s
2 schdef“foreign agency”sub 1995 No. 45 s
2 schdef“licensee”om 1995 No. 45 s
2 schdef“licensee payment period”om
1995 No. 45 s 2 schdef“lottery licence”om 1995 No. 45 s
2 schdef“lottery property”om 1995 No. 45 s
2 schdef“selling fee”sub 1995 No. 45 s
2 schdef“subscription”sub 1995 No. 45 s
2 schMeaning of “computer system”s
5amd 1995 No. 45 s 2 schMeaning of
“selling fee” and “subscription”prov hdgsub
1996 No. 46 s 5s 6ins 1995 No. 45 s 2 schPART
2—CORPORATION AND BOARDpt hdgamd 1995 No. 45 s
2 schFunctions of corporations 9amd
1995 No. 45 s 2 schGeneral powers of corporations
10amd 1995 No. 45 s 2 schDivision 3—Golden
Casket Boarddiv hdgamd 1995 No. 45 s
2 schEstablishment and functions of boards
14amd 1995 No. 45 s 3, s 2 sch
34Lotteries Act 1994Appointment of
board memberss 15amd 1995 No. 45 s 4PART
3—LOTTERY LICENCESss 15–44om 1995 No. 45 s
5Use of security codes and other tests to
check entry forms and prizess 18amd
1995 No. 45 s 2 schPrizess 20sub
1995 No. 45 s 6Bonus prize moneys 21amd
1995 No. 45 s 2 schJackpotss 22ins
1995 No. 45 s 7Pooling arrangementss 23ins
1995 No. 45 s 7Withdrawal of unsold entry forms in certain
circumstancess 24ins 1995 No. 45 s 7Claims
for prizess 25amd 1995 No. 45 s 2 schPayment of prizess 26amd
1995 No. 45 s 2 schInvestment of fundss 31sub
1995 No. 45 s 2 sch; 1996 No. 54 s 9 schImpersonation of
agentprov hdgamd 1995 No. 45 s
2 schs 34amd 1995 No. 45 s 2 schOffensive terms prohibited etc.s
36amd 1995 No. 45 s 2 schOffences by
certain personss 39amd 1995 No. 45 s 2 schConduct excluded from s 39 offencess
40amd 1995 No. 45 s 2 schApplication or
otherwise of certain Acts to corporations 45amd
1996 No. 37 s 147 sch 2Corporation’s employees employed under
this Acts 45Ains 1996 No. 37 s 147 sch 2Continuation of existing agency
agreementss 51exp 8 December 1996Existing regulationss 54exp 8
December 1996
35Lotteries Act 1994Existing
ruless 55exp 8 December 1996Certain persons must not charge more than
amounts prescribed by regulationss 67om
1995 No. 45 s 2 schPartially filled in entry forms not to be
useds 68om 1995 No. 45 s 2 schSelling entry form after closure of
lotterys 41amd 1995 No. 45 s 2 schEvidentiary provisionss 44amd
1995 No. 45 s 2 schCorporation’s seals 46amd
1995 No. 45 s 2 schRegulationss 49amd
1995 No. 45 s 2 schNumbering and renumbering of Acts
77Ains 1995 No. 45 s 2 schom R1 (see RA s
37)Continuation of existing agency
agreementsprov hdgsub 1995 No. 45 s
2 schs 51amd 1995 No. 45 s 2 schexp8December1996oronanotherdateprescribedbyregulation(sees
51(2))Application of s 67 delayed for certain mail
order operatorss 82om 1995 No. 45 s 2 schExisting regulationss 54exp 8
December 1996 (see s 54(2))Existing ruless 55exp 8
December 1996 (see s 55(2))AuthorityforcertainactivitiesandexpendituresofGoldenCasketArtUnionOffices
85exp 4 November 1995 (see s 85(4))PART
9—REPEALS AND AMENDMENTSs 86–87om R1 (see RA s
40)SCHEDULE 1—ACTS REPEALEDom R1 (see RA s
40)SCHEDULE 2—ACT AMENDEDom R1 (see RA s
40)