QueenslandArt Unions and
Public Amusements Act 1992ARTUNIONSANDPUBLICAMUSEMENTSREGULATION1992Reprinted as in force on 1 November
1996(includes amendments up to SL No. 278 of
1996)Reprint No. 3BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat1November1996.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 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 and Public Amusements Regulation1992ART
UNIONS AND PUBLIC AMUSEMENTSREGULATION
1992[as amended by all amendments that commenced
on or before 1 November 1996]†PART
1—PRELIMINARY˙Short title1.ThisregulationmaybecitedastheArtUnionsandPublicAmusements
Regulation 1992.˙Commencement2.This
regulation commences on 24 July 1992.˙Definitions3.In
this regulation—“accountant”means a person
who is—(a)a member of the Institute of Chartered
Accountants in Australiaor the Australian Society of Certified
Practising Accountants; or(b)aregisteredcompanyauditorwithinthemeaningoftheASCLaw; or(c)approved in writing by the chief
executive as an accountant for thepurposes of this
regulation.“allowable expenses”, in relation to
an art union, means the percentage oftheestimatedgrossproceedsofaproposedartunionthatmaybeallocated or
paid towards the costs of conducting the particular type ofartunionmentionedinSchedule3,clauses11(Valueofprizes,expenses and net
proceeds—minor art unions), 12 (Value of prizes,expenses and net proceeds—major art unions),
13 (Value of prizes,expensesandnetproceeds—minorbingoandmajorbingo)and15
s38s3Art
Unions and Public Amusements Regulation1992(Value of prizes and expenses—calcutta
sweeps).“approvedform”means a form approved by the chief executive
undersection 4 (Forms).“estimated gross
proceeds”of an art union means the estimate made
bytheapplicantfor,ortheholderof,anauthoritytoconductanon-exempt art union of the gross proceeds
of the art union.“estimated net proceeds”of an art union
means the estimate made by theapplicant for,
or the holder of, an authority to conduct a non-exempt artunion of the net proceeds of the art
union.“immediate family”, in relation to
a person, means the person’s spouseand family
members residing at the same premises as the person.“liable person”,inrelationtoanartunion,meansapersonwhomustdischarge the
duties mentioned in section 75 of the Act in relation tothe
art union.“net proceeds”of an art union
means the gross proceeds of the art unionafter deducting
allowable expenses including costs of prizes in the artunion.“organiser”,inrelationtoacalcuttasweep,meanstheindividualappointed—(a)under section 12 (Organiser of calcutta
sweep) as the organiser ofthe calcutta sweep; or(b)under section 14 (Vacancy in
appointment to be filled) to fill avacancy in an
appointment as organiser.“register”meanstheArtUnionsandPublicAmusementsRegistermaintained under section 105 of the
Act.1“repealed Act”means theArt
Unions and Amusements Act 1976.“rules”,inrelationtoaneligibleassociationthatistheholderofanauthority under
Part 3 of the Act, means the rules (whatever called) ofthe
association.“spouse”means either one
of a man and a woman—1Section 105
(Register to be maintained)
s49s7Art
Unions and Public Amusements Regulation1992(a)who are married to each other;
or(b)who, although not married to each
other, are residing together ashusband and
wife.“winner”means a person
who wins a prize in an art union.˙Forms4.The forms to be
used for the purpose of this regulation are the formsapproved by the chief executive.˙Fees etc.5.The
fees, costs, charges and taxes payable for the purposes of the
Actare the fees, costs, charges and taxes set
out in Schedule 1.˙Refund of fees etc.6.If
an application for an authority is refused, the chief executive
mustrefund the fees, costs, charges and taxes
that accompanied the applicationafter deducting
from them such amount as the chief executive considersreasonable to cover the administration costs
of dealing with the application.˙Categorisation of eligible
associations7.For the purposes of determining the
amount of the fees, costs, chargesand taxes payable
under section 5 (Fees etc.) in relation to a minor art
union,a major art union and minor bingo, eligible
associations are categorised asfollows—(a)an eligible association is in category
A if it is—(i)formed, and is operated, principally
for—(A)a charitable purpose; or(B)a religious purpose; or(C)an educational purpose; or(D)a patriotic purpose; or
s
810s 9Art Unions and
Public Amusements Regulation1992(E)a community purpose; or(ii)aparentsandcitizensassociationformedundertheEducation (General Provisions) Act
1989; and(b)an
eligible association is in category B if it is—(i)aneligibleassociationthatisformed,andisoperated,principally for
a sporting purpose; or(ii)aregisteredpoliticalpartywithinthemeaningoftheElectoral Act 1992.†PART 2—EXEMPT ART UNIONS˙Conduct of exempt art unions8.ApersonwhoconductsanexemptartunionmustensurethattheconditionsinSchedule2relatingtotheconductoftheartunionareobserved.Maximum
penalty—20 penalty units.˙Trade promotion
art unions—notices or advertisements8A.A
person who conducts a trade promotion art union must ensure
thatevery notice or advertisement issued in
relation to the trade promotion artunion states the
day on which, and the name of the newspaper in which, thenames
and addresses of the prize winners will be published.Maximum penalty—10 penalty units.˙Trade promotion art unions—delivery of
prizes9.(1)A person who
conducts a trade promotion art union must ensurethat
a prize in the art union is delivered to the winner of the prize
within1 month of the drawing of the art
union.Maximum penalty—20 penalty
units.
s
1011s 10Art Unions and
Public Amusements Regulation1992(2)Subsection (1) does not apply if the
winner of the prize—(a)agrees in
writing that the prize be delivered in a time longer than1
month; or(b)can not be located after making a
reasonable effort to do so.˙Trade
promotion art unions—unclaimed prizes10.(1)If
despite reasonable effort to find a winner of a prize in a
tradepromotion art union, the winner cannot be
found and the prize is unclaimed,the person who
conducts the art union must ensure that the prize is
retainedfor 3 months from the drawing.(2)After 3 months the person conducting
the art union must notify thechief executive
that the prize is unclaimed and of the steps taken to find
theprize winner.(3)The
chief executive may give a written direction to the person
that—(a)if the value of the prize is $1 000 or
less and the prize is able to beredrawn—the
prize be redrawn; or(b)the prize be
sold or otherwise disposed of in a way that will bringa
reasonable price for the prize and the proceeds, after
deductingthe reasonable costs of the sale or
disposal, be paid to the PublicTrustee.(4)A person to whom a written direction
is given under subsection (3)must comply with
the direction.(5)Despite subsection (1), if the prize
is perishable and it is not claimedbythewinneronthedaythattheartunionisdrawn,thepersonwhoconducts the art union may sell or otherwise
dispose of the prize in a waythat the person
considers will bring a reasonable amount.(6)The
moneys realised after the prize has been sold or disposed of,
afterdeducting the reasonable costs of sale or
disposal, must be held in trust bythe person who
conducts the art union for the winner of the prize.(7)Ifthemoneysremainunclaimedafter3months,thepersonwhoconducts the art union must ensure that they
are paid to the Public Trusteewithin 14 days of
the end of the 3 months.
s
1112s 11Art Unions and
Public Amusements Regulation1992(8)MoneyspaidtothePublicTrusteeundersubsection(3)(b)or(7)must be kept in
trust for the winner of the prize that was sold, or disposedof,
and if they are unclaimed for 6 years they become unclaimed
moneysand must be dealt with under Part 8 of
thePublic Trustee Act 1978.Maximum penalty other than for subsection
(8)—10 penalty units.†PART
3—NON–EXEMPT ART UNIONS˙Chief executive to
be notified of certain events11.(1)The
management committee of an eligible association that holdsan
authority to conduct a non-exempt art union must ensure that the
chiefexecutive is notified in writing of any of
the following within 14 days oftheir
happening—(a)the association changes its address or
postal address; or(b)an amendment relating to the objects
of the association is made tothe rules of the
association; or(c)a vote is passed under the rules of
the association that it be woundup or dissolved
or a court orders that the association be woundup; or(d)the association ceases to carry out
its objects.(2)Inthecaseofanamendmentmentionedinsubsection(1)(b),themanagement committee must also lodge
with the chief executive, within14 days of the
amendment, a copy of the amended rules.(3)A
person who holds an authority, other than a permit or licence
toconduct a non-exempt art union, must notify
the chief executive in writingof a change of
address or postal address of the person within 14 days of
thechange.Maximum
penalty—10 penalty units.
s
11A13Art Unions and Public Amusements
Regulation1992s 14˙Chief
executive to be notified of loss or theft of lucky envelopes
etc.11A.If the
management committee of an eligible association that holds alicencetosellluckyenvelopesfindsoutthattheassociation’sluckyenvelopes, or the proceeds arising from the
sale of those lucky envelopes,have been—(a)lost or misplaced by the association
or by one of its employees oragents;
or(b)stolenfromtheassociationorfromoneofitsemployeesoragents;the management
committee must ensure that the chief executive is notifiedin
writing of the relevant event within 7 days after it finds out
about it.Maximum penalty—10 penalty units.˙Organiser of calcutta sweep12.Beforeapplyingforapermittoconductacalcuttasweep,themanagementcommitteeofaneligibleassociationmustappointatleast
1 individual as the organiser of the sweep.Maximum
penalty—10 penalty units.˙Function of
organiser13.(1)The function of
the organiser is to conduct the calcutta sweep.(2)In
conducting the sweep, the organiser is subject to a lawful
directionrelating to the conduct of the sweep given by
the management committee ofthe eligible
association that holds the permit to conduct the sweep.˙Vacancy in appointment to be
filled14.Themanagementcommitteeofaneligibleassociationthathasapplied for, or holds, a permit to
conduct a calcutta sweep must ensure thatavacancyinanappointmentasorganiserofthesweep,isfilledwithin7
days of the appointment becoming vacant.Maximum
penalty—10 penalty units.
s
1514s 17Art Unions and
Public Amusements Regulation1992˙Application of net proceeds of
non-exempt art union15.The management committee of an
eligible association that holds anauthority to
conduct a non-exempt art union must not use or apply the netproceeds of the art union for a purpose other
than in promoting the objectsset out in the
rules of the association.Maximum penalty—20 penalty
units.˙Conduct of non-exempt art unions16.A liable person in relation to the
conduct of a non-exempt art unionmust ensure that
the conditions set out in Schedule 3 are observed.Maximum penalty—10 penalty units.˙Records, documents and accounts to be
kept17.(1)A liable person
for the conduct of a non-exempt art union mustkeep in a safe
place the records, documents and accounts of the art union,including—(a)records and forms of account correctly
recording and explainingfinancial operations and enabling the
conduct of the art union tobe properly and
conveniently audited, including—(i)a
cash book; and(ii)a record of
receipt books and receipts used; and(iii)a
bank book and bank deposit records; and(iv)a
postage and petty cash book; and(v)a
master register of art unions in the approved form; and(b)if the art union is a major art union
or a calcutta sweep—(i)a record of the
total amount of money received from personswho wished to
take part in the art union but did not do sobecause tickets
were not issued to them, or if tickets wereissued, because
the tickets were not included in the drawing,theamountreceivedineachcaseandthenamesandaddresses of the persons by whom the
money was paid; and
s
1815s 18Art Unions and
Public Amusements Regulation1992(ii)a description of
the prizes, numbers of prize winning ticketsand the full
names and addresses of prize winners; and(c)iftheartunionisbingo—anaccuraterecord,intheapprovedform, of each
game of bingo conducted during a bingo session.Maximum
penalty—10 penalty units.(2)The liable
person must also keep—(a)copiesofadvertisementsandnotices,includingtranscriptsofelectronic advertisements and telemarketing
scripts; and(b)correspondence, contracts and
agreements; and(c)other books and forms of accounts that
the chief executive has, inwriting,
directed the association to keep.Maximum
penalty—10 penalty units.˙Keeping of
accounts18.(1)A liable person
for the conduct of a non-exempt art union mustensure—(a)the proceeds of ticket sales in the
art union are banked into a bankaccount,openedbythemanagementcommitteeintheeligibleassociation’s name, after deducting—(i)foramajorartunion(ifauthorisedonthepermit)—commission payments to
authorised agents; and(ii)for minor and
major bingo—cash prize payouts; and(b)the
proceeds mentioned in paragraph (a) are banked, in the
naturein which they were received, as soon as
practicable but within2 business days after receipt;
and(c)anacknowledgmentfromthebankofalldepositsmadeandarecord of the
nature of the deposit are kept; and(d)particulars of collections are entered daily
in the cash book; and(e)all payments of
$100 or more, other than for prizes, are made bycheque; and
s
1916s 19Art Unions and
Public Amusements Regulation1992(f)all cheques are crossed, marked ‘not
negotiable’ and signed by atleast2personsauthorisedinwritingbythemanagementcommittee;
and(g)allpaymentsaresupportedbyvouchersorothersourcetransaction records; and(h)if
the art union is a major art union—(i)receipts are obtained from agents and ticket
sellers for ticketsallotted to them; and(ii)the
receipts are filed in order of ticket book numbers; and(iii)whenticketbooksarereturned,theyareexaminedforcorrectness.Maximum
penalty—10 penalty units.(2)The liable
person must also ensure—(a)all transactions
are properly recorded and accounted for; and(b)if
the chief executive has given the eligible association
writtendirections about keeping accounts—the
directions are compliedwith.Maximum
penalty—10 penalty units.(3)If unsold
tickets in a major art union are returned, the tickets may
bereissued.(4)The
liable person for the conduct of the major art union must
ensuresubsection (1)(h) is complied with for the
reissued tickets.Maximum penalty—10 penalty units.˙Exemptionfromsection17(Recordsandaccountstobekept)andsection 18 (Keeping of accounts)19.(1)Subject to
subsection (2), on a written application from an eligibleassociationthatholdsanauthoritytoconductanartunionthechiefexecutive may, if
satisfied that exceptional circumstances exist, by writingexempttheeligibleassociationfromtherequirementsofsection17(Records and accounts to be kept) or section
18 (Keeping of accounts) or
s
2017s 21Art Unions and
Public Amusements Regulation1992both
sections in relation to the eligible association, subject to the
conditions(if any) specified in the writing.(2)Thechiefexecutivemustnotvaryrequirementsorexemptanassociation under subsection (1) unless the
chief executive is satisfied thatthe association’s
system of management and accounts ensure full disclosureof
financial transactions relating to the art union and that the
association isaccountable for its actions relating to the
art union.˙Retention of records and
accounts20.(1)The management
committee of an eligible association that holds,or
has held, an authority to conduct an art union must retain the
records andaccounts mentioned in section 17 (Records and
accounts to be kept) andsection 18 (Keeping of accounts) for 2
years, or such further term as thechief executive
notifies the association in writing, from the day mentionedin
subsection (2).Maximum penalty—10 penalty units.(2)Thetermforwhichtherecordsandaccountsspecifiedinsubsection (1) are to be retained
begins on the day of lodgment with thechief executive
of the matters required to be lodged with the chief
executiverelating to the art union under section 21
(Audits—major art unions, majorbingoandcertaincalcuttasweeps),section22(Statementsetc.tobelodged—minor art
union and minor bingo) and section 23 (Statements andreturns—association holding licence to
conduct minor art unions).˙Audits—major art
unions, major bingo and certain calcutta sweeps21.(1)The—(a)managementcommitteeofaneligibleassociationthatholdsapermit to conduct a major art union, major
bingo or a calcuttasweep; and(b)special committee and promoter; and(c)organiser;must, within 2
months after the permit is cancelled or expires, whicheveroccurs first, ensure that—
s
2218s 22Art Unions and
Public Amusements Regulation1992(d)the accounts; and(e)the
moneys; and(f)thestatementofreceiptsandpaymentsandapplicationoftheproceeds in the approved form;relating to the major art union, major bingo,
or calcutta sweep are audited byan
accountant.(2)Themanagementcommittee,specialcommittee,promoterandorganiser must ensure that—(a)the audited statement of receipts and
payments and application ofproceeds;
and(b)a statutory declaration in the
approved form; and(c)such other information as may be
required by the chief executivein writing to
the eligible association;are lodged with the chief executive
within 14 days of the completion of theaudit.Maximum penalty—20 penalty units.˙Statements etc. to be lodged—minor art
union and minor bingo22.The management
committee of an eligible association that holds apermit to conduct a minor art union or minor
bingo must ensure that—(a)astatementofreceiptsandpaymentsandapplicationoftheproceeds; and(b)a
statutory declaration in the approved form; and(c)a
statement containing such other information as may be
requiredby the chief executive in writing;is
prepared and lodged with the chief executive within 1 month after
thepermit is cancelled or expires, whichever
occurs first.Maximum penalty—20 penalty
units.
s
2319s 24Art Unions and
Public Amusements Regulation1992˙Statements and returns—association
holding licence to conduct minorart unions23.The management committee of an
eligible association that holds alicence to
conduct minor art unions must—(a)within 3 months of the end of the
association’s financial year,prepare or cause
to be prepared, a statement in the approved formofallartunionsconductedunderthelicenceinthepreviousfinancial year;
and(b)present the statement to the next
annual general meeting of theassociation for
adoption; and(c)submit a financial return to the chief
executive in the approvedform—(i)ifanapplicationismadetorenewthelicence—withtheapplication; or(ii)if
the licence expires or is cancelled—within 7 days of theexpiry or cancellation of the licence,
whichever occurs first.Maximum penalty—20 penalty
units.˙Returns—association holding licence to
sell lucky envelopes23A.The management
committee of an eligible association that holds alicence to sell lucky envelopes must, within
1 month of each 30 June and31 December that
happens during the term of the licence, submit a returnrelating to the sale of lucky envelopes to
the chief executive in the approvedform.Maximum penalty—20 penalty units.˙Delivery of prizes—all non-exempt art
unions other than minor bingoor major
bingo24.(1)Aliablepersoninrelationtotheconductofanon-exemptartunion
must ensure that a prize in the art union is delivered to the
winner ofthe prize within 1 month of the drawing of
the art union.Maximum penalty—10 penalty
units.
s
2520s 27Art Unions and
Public Amusements Regulation1992(2)Subsection (1) does not apply if the
winner of the prize—(a)agrees in
writing that the prize be delivered in a time longer than1
month; or(b)cannot be located after making a
reasonable effort to do so.˙Delivery of prizes—minor bingo and major
bingo25.(1)An eligible
association that holds an authority to conduct minorbingo
or major bingo must deliver the prize to the winner immediately
afterthe game in which the prize was won.(2)A money prize of more than $500 must
be paid by cheque.Maximum penalty—20 penalty units.˙Unclaimedprizestoberetainedfor3months—allnon-exemptartunions26.(1)If
an eligible association that conducts a non-exempt art unioncannot, despite reasonable effort to do so,
find a winner of a prize in the artunionorawinnerdoesnotclaimtheprize,theeligibleassociationthatconducts the art union must ensure that the
prize is retained for 3 monthsafter the
drawing.(2)Despite subsection (1), if a prize in
a minor art union is perishable,the association
may sell or otherwise dispose of the prize in a way that theassociation considers will bring a reasonable
price.(3)Themoneyrealisedaftertheprizehasbeensoldorotherwisedisposed of under
subsection (2) (after deducting the reasonable costs ofsale
or disposal) must be held in trust by the association for the
winner ofthe prize.Maximum
penalty—20 penalty units.˙Disposal of
unclaimed prizes—minor art unions27.If
an eligible association that conducts a minor art union cannot find
awinner of a prize in the art union or a
winner does not claim a prize within3 months of the
drawing of the art union, the winner’s right to the prize
(or
s
2821s 28Art Unions and
Public Amusements Regulation1992if
the prize was perishable and has been sold or disposed of—the right
tothe money held by the association under
section 26(3) (Unclaimed prizes toberetainedfor3months—allnon-exemptartunions)ceasesandtheassociation must
apply the prize or the money (in the way it considers best)towards furthering its objects.Maximum penalty—10 penalty units.˙Disposal of unclaimed prizes—major art
unions and calcutta sweeps28.(1)Ifaneligibleassociationthatconductsamajorartunionoracalcutta sweep cannot find a winner of
a prize in the art union or sweep or awinner does not
claim the prize within 3 months of the drawing of the artunion
or sweep, the eligible association must notify the chief executive
inwriting that the prize is unclaimed and of
the steps taken to find the winner.Maximum
penalty—20 penalty units.(2)The chief
executive may, by writing to the association, direct—(a)that further reasonable steps (that
may be specified in the writing)be taken to
locate the winner; or(b)the prize be
sold or otherwise disposed of in a way (that may bespecified in the writing) that will bring a
reasonable amount.(3)Theassociationmustcomplywithadirectiongivenundersubsection (2)
within a reasonable time.Maximum penalty—20 penalty
units.(4)The association must ensure that the
moneys realised after the sale ordisposal of the
prize (after deducting the reasonable costs of the sale ordisposal) are paid to the Public Trustee
within 1 month, or such further timeasmaybeapprovedinwritingbythechiefexecutive,ofthesaleordisposal.Maximum
penalty—20 penalty units.(5)Moneys paid to
the Public Trustee under subsection (4) must be keptin
trust for the winner of the prize that was sold or disposed of and
if theyare unclaimed for 6 years, they become
unclaimed moneys and must bedealt with under
Part 8 of thePublic Trustee Act 1978.
s
28A22Art Unions and Public Amusements
Regulation1992s 29˙Safe
custody of lucky envelopes28A.The management
committee of an eligible association that holds alicence to sell lucky envelopes must ensure
that—(a)all stocks of lucky envelopes held by
the association are kept in asecure, locked
place; and(b)adequate security arrangements exist
to prevent access to the placeby persons who
are not authorised by the management committeeto have access
to the place.Maximum penalty—10 penalty units.˙Requirements for approval of lucky
envelope vending machine28B.The requirements
for the purposes of section 66(2)(b) (Approval oflucky
envelope vending machines) of the Act in relation to a lucky
envelopevendingmachine,oramakeandmodelofaluckyenvelopevendingmachine, are that
the machine must—(a)incorporate—(i)acoinrejectionandreturnfacilityifthemachinefailstooperate; and(ii)a
lockable money box accessible only to a person authorisedby
the eligible association that sells lucky envelopes throughthe
machine; and(iii)anadequatesystemofaccountingandauditcontrolstoenable all sales of lucky envelopes
through the machine to bereconciled and accounted for;
and(iv)adequate locking
devices to prevent vandalism, and the theftof lucky
envelopes and money in the machine; and(b)not
be capable of accruing playing credits.˙Certain persons not eligible to win a prize
in a non-exempt art union29.The following
persons and associations are not eligible to win a prizein an
art union—
s
3023s 30AArt Unions and
Public Amusements Regulation1992(a)if the art union is a non-exempt art
union—the eligible associationthat holds an
authority to conduct it;(b)if the art union
is a major art union or major bingo—a personappointed to the
special committee or as promoter;(c)if
the art union is a calcutta sweep—the organiser;(d)a person directly engaged in the
drawing of the art union;(e)the immediate
family of a person mentioned in paragraph (b), (c)or
(d).˙Restriction on sporting events—calcutta
sweeps30.Aneligibleassociationmustnotconductacalcuttasweeponasporting event
other than—(a)a race or sporting contingency
authorised under theRacingandBetting Act 1980; or(b)asportingeventrecognisedbythestateornationalbodycontrolling the sport in the State.Maximum penalty—20 penalty units.†PART 3A—PRINTING AND SUPPLYING
LUCKYENVELOPES˙Conditions to be observed in printing and
supplying lucky envelopes30A.A person who
holds a licence to print and supply lucky envelopesmust
ensure that the conditions in Schedule 4 are observed.Maximum penalty—20 penalty
units.
s
30B24Art Unions and Public Amusements
Regulation1992s 30C˙Returns—personholdingalicencetoprintandsupply,orsupply,lucky
envelopes30B.A person who
holds a licence to—(a)print and supply lucky envelopes;
or(b)supply lucky envelopes;must,within1monthofeach30Juneand31Decemberthathappensduring the term
of the licence, submit a return of lucky envelopes printedand
supplied, or supplied, under the licence to the chief executive in
theapproved form.Maximum
penalty—10 penalty units.˙Records to be kept
by person who holds licence to print and supplylucky
envelopes30C.A person who
holds a licence to print and supply lucky envelopesmustkeepandmaintaininasafeplacewrittenrecordsshowingthefollowing information relating to the
printing and supplying of the luckyenvelopes—(a)the day of production of each game of
lucky envelopes;(b)a description of each game including
the number and price of thelucky envelopes
in the game;(c)the serial number of each game;(d)the day of sale of each game;(e)the sale price of each game;(f)the name of the eligible association
that holds a licence to selllucky envelopes,
or the name of the person that holds a licence tosupply lucky envelopes, that purchased the
lucky envelopes;(g)the licence number of the eligible
association or person mentionedin paragraph
(f).Maximum penalty—10 penalty
units.
s
30D25Art Unions and Public Amusements
Regulation1992s 30E˙Recordstobekeptbypersonwhoholdslicencetosupplyluckyenvelopes30D.Aperson(the“supplier”) who holds a
licence to supply luckyenvelopes must keep and maintain, in a
safe place, written records showingthe following
information relating to the supplying of the lucky
envelopes—(a)thedayonwhichthesupplierpurchasedeachgameofluckyenvelopes;(b)the
name and the licence number of the person from whom thesupplier purchased each game;(c)a description of each game purchased
by the supplier, includingthenumberofenvelopesinthegameandthepriceofanenvelope;(d)the
serial number of each game purchased by the supplier;(e)the day of sale of each game by the
supplier;(f)the sale price of each game;(g)the name and the licence number of
each eligible association thatis licensed to
sell lucky envelopes that purchased lucky envelopesfrom
the supplier.Maximum penalty—10 penalty units.˙Person who prints and supplies, or
supplies, lucky envelopes to notifychief executive of
loss or theft of lucky envelopes30E.If a
person who holds a licence—(a)to
print and supply lucky envelopes; or(b)to
supply lucky envelopes;finds out that lucky envelopes are
lost, misplaced or stolen from—(c)stocks of lucky envelopes held by the
person; or(d)aconsignmentofluckyenvelopessentbythepersontoaconsignee before the consignment
reaches the consignee;the person must notify the chief
executive in writing of the relevant event
s
30F26Art Unions and Public Amusements
Regulation1992s 31within 7 days
after the person finds out about it.Maximum penalty—5
penalty units.˙Informationprescribedunders.71oftheAct(Luckyenvelopesprinted by unlicensed person etc. not to be
supplied)30F.Forthepurposesofsection71(b)oftheAct,theprescribedinformation
is—(a)the licence number of the person who
printed and supplied thelucky envelopes; and(b)the serial number of the game of lucky
envelopes; and(c)the price of each lucky
envelope.†PART 3B—CONDITIONS TO BE OBSERVED IN
THECONDUCT OF PUBLIC AMUSEMENTS˙Conditions to be observed in the
conduct of public amusements30G.A
person who is licensed to conduct a public amusement must,
inconducting the amusement, ensure that the
conditions in Schedule 5 areobserved.Maximum penalty—20 penalty units.†PART 4—MISCELLANEOUS˙Appeals31.(1)A
person who is aggrieved by a decision of the chief executiveunder
this regulation may appeal to a Magistrates Court against the
decision.(2)Section 101(2)–(9) (Appeals) of the
Act applies, with all necessary
s
31A27Art Unions and Public Amusements
Regulation1992s 33modifications, to
the conduct of an appeal under this section as if an appealunder
this section were an appeal under section 101 (Appeals) of the
Act.˙Prescribed amount of gross proceeds for
certain nonprofitsweeps—Act, s 831A.For
section 8(a)(ii) of the Act,2the
amount of $2,000 is prescribedfor a sweep for
which the sporting event is the sporting event known as theMelbourne Cup.˙Prescribed eligible associations32.Forthepurposeofsection23(c)(Whomayapplyforlicencetoconductminorartunions)oftheAct,thefollowingassociationsareprescribed eligible associations—(a)anassociationthatisaregisteredpoliticalpartywithinthemeaning of theElectoral Act
1992;(b)Girl Guides
Association (Queensland), Australia;(c)Queensland Country Women’s
Association;(d)Queensland Police—Citizens Youth
Welfare Association;(e)an association
that is formed, and is operated principally for—(i)a religious purpose; or(ii)an educational
purpose.˙Prescribed particulars for
register—Act, s 10533.(1)Forsection105oftheAct,3theprescribedparticularsforanapplication for an authority are as
follows—(a)the applicant’s name and
address;(b)the application number;2Section 8 (Meaning of “nonprofit
sweep”)3Section 105 (Register to be
maintained)
s
3428s 34Art Unions and
Public Amusements Regulation1992(c)the type of authority.(2)For section 105 of the Act, the
prescribed particulars for an authorityare as
follows—(a)the name and address of the holder of
the authority;(b)the number of the authority;(c)the type of authority;(d)the term of the authority;(e)the date of issue and expiry of the
authority;(f)if the authority is cancelled or
suspended—the date of cancellationor
suspension.†PART 5—SAVINGS AND TRANSITIONAL˙Permits and approvals etc. mentioned in
s.130 of Act34.(3)If a lucky
envelope in a game of lucky envelopes—(a)was
printed before 1 January 1993; and(b)complied with the printing requirements
under the repealed Act;the lucky envelope is taken to comply
with section 9A of Schedule 3.
29Art Unions and Public Amusements
Regulation1992¡SCHEDULE
1†FEES, COSTS, CHARGES AND TAXESsection 5FEES$1.Permit to
conduct a major art union—(a)category A
eligible association—(i)upto$2millionestimatedgrossproceeds . . . . . . . . . . . . . . . . . .
. . . .1.65% of estimatedgross
proceeds(ii)upto$3millionestimatedgrossproceeds . . . . . . . . . . . . . . . . . .
. . . .1.65% of estimatedgrossproceedsupto$2millionplus1%ofestimatedgrossproceedsine x
c e ssof$2 million(iii)
over$3millionestimatedgrossproceeds . . . .
. . . . . . . . . . . . . . . . . .1.65% of
estimatedgrossproceedsupto$2millionplus1%ofestimatedgrossproceedsine x c e ssof$2millionandup$3 million plus .5%ofestimatedgrossproceedsinexcessof $3
million
30Art Unions and Public Amusements
Regulation1992SCHEDULE 1 (continued)(b)
category B eligible association—(i)upto$2millionestimatedgrossproceeds . . . .
. . . . . . . . . . . . . . . . . .2.65% of
estimatedgross proceeds(ii)upto$3millionestimatedgrossproceeds . . . .
. . . . . . . . . . . . . . . . . .2.65% of
estimatedgrossproceedsupto$2millionplus2%ofestimatedgrossproceedsine x c e ssof$2
million(iii) over$3millionestimatedgrossproceed . . . .
. . . . . . . . . . . . . . . . . . .2.65% of
estimatedgrossproceedsupto$2millionplus2%ofestimatedgrossproceedsine x c e ssof$2millionandupto$3millionplus1.5%ofestimatedgrossproceedsine x
c e ssof$3 million2.Licencetoconductminorartunions(applications
and renewal)—(a)category A eligible association. .
. . . . . .$50eachyearor$130 for 3 years(b) category B
eligible association . . . . . . . . .$50eachyearplus1%ofgrossproceedsor$130for 3 years plus
1%ofgrossproceedspayable each year
31Art Unions and Public Amusements
Regulation1992SCHEDULE 1 (continued)3.Permit to conduct a minor art
union—(a)category A eligible association. .
. . . . . .20.00(b) category B
eligible association . . . . . . . . .$20plus1%ofgross proceeds4.Permit to conduct minor bingo—(a)category A eligible association. .
. . . . . .$5eachsessionor50 each year(b) category B
eligible association . . . . . . . . .$5eachsessionor50eachyearplus,inbothcases,1%of gross proceeds5.Endorsement of a minor art union licence
toconduct minor bingo—categories A and
B eligible associations. . . .20.006.Permit to conduct a major bingo
session . . . .$22 per session7.Bingo centre licence (application and
renewal)165.008.Permit to conduct a calcutta sweep—(a)application fee. . . . . . . .
. . . . . . . . . . . . .25.00(b) permit
fee. . . . . . . . . . . . . . . . . . . . . .
. .2%ofthesumofthegrossproceedsandtheauctionproceeds9.Forarequesttoamendanauthorityundersection 91 (Amendment of authority) of the
Act25.0010.Applicationforliftingofsuspensionofauthorityundersection98(Applicationforlifting suspension of authority) of the Act
. . .25.0011.Applicationforexemptionundersection19(Exemptionfromsection17(Recordsandaccounts to be kept)) and section 18
(Keepingof accounts) . . . . . . . . . . . . . . . .
. . . . . . . . . .25.0012.Licence to print and supply lucky
envelopes—(a)application and licence fee . . . . .
. . . . . . .1000.00(b) renewal of
licence. . . . . . . . . . . . . . . . . .500.00
32Art Unions and Public Amusements
Regulation1992SCHEDULE 1 (continued)13.Licence to supply lucky
envelopes—(a)application and licence fee . . . . .
. . . . . . .600.00(b) renewal of
licence. . . . . . . . . . . . . . . . . .350.0014.Licence to sell lucky envelopes—(a)application fee—(i)ifapplicantistheholderofacurrentminor art union
licence . . . . . . . . . . .10.00(ii)all others . . .
. . . . . . . . . . . . . . . . . . .50.00(b)
licence and renewal fee—(i)Category A
eligible associations . . . .25.00(ii)Category B
eligible associations . . . .$25 plus 1% of
thegrossproceedsarisingfromthesaleofluckyenvelopessoldunderthelicenceduringthetermofthelicenceimmediately
beforeits expiry15.Applicationtoapprovealuckyenvelopevending machine . . . . . . . . . . . . . .
. . . . . . . .50.0016.Licence to conduct public amusements—(a)application for licence. .
. . . . . . . . . . . . .200.00(b)
licence—(i)for1yearfrom1Januaryuntil31December—for each
amusement . . . . . . . . . . . . .60.00(ii)for1/2yearfrom1Januaryuntil30Juneorfrom1Julyuntil31December—for each
amusement . . . . . . . . . . . . .36.00(iii) for part of 1 year or1/2year—for each month .
. . . . . . . . . . . . . . . .6.00minimum fee. . . . . . . .
. . . . . . . . . .12.00
33Art Unions and Public Amusements
Regulation1992SCHEDULE 1 (continued)(c)renewal of licence—(i)for1yearfrom1Januaryuntil31December—for each
amusement . . . . . . . . . . . . .(ii)for1/2yearfrom1Januaryuntil30Juneorfrom1Julyuntil31December—for each
amusement . . . . . . . . . . . . .(iii) for part
of 1 year or1/2year—for each month .
. . . . . . . . . . . . . . . .minimum
fee. . . . . . . . . . . . . . . . . .17.Public amusement place licence—(a)application fee—(i)up
to 15 public amusements . . . . . . .(ii)over
15 public amusements. . . . . . .(b) renewal of
licence. . . . . . . . . . . . . . . . . .18.Application to approve a public
amusement andthe game to be played on it. .
. . . . . . . . . . . .19.Search of
register for a single application for anauthority,andanyauthorityissuedfortheapplication. . . . . . . .
. . . . . . . . . . . . . . . . . .20.Search of register for authorities or
applicationsfor authorities, the combined total of which
ismore than 20. . . . . . . .
. . . . . . . . . . . . . . . .21.Copy
of details in register, per page. . . . . .
.22.In item 20—“applicable
amount”, for a search, means theamount that—(a)the
chief executive considers to bereasonable;
and(b)is not more than the reasonable cost
ofcarrying out the search.60.0036.006.0012.0050.00100.0025.0025.0010.00applicable amount2.00
34Art Unions and Public Amusements
Regulation1992¡SCHEDULE
2†CONDITIONS TO BE OBSERVED IN THE
CONDUCTOF EXEMPT ART UNIONSsection 8˙Tickets—all exempt art unions1.Every person who has a ticket in an
exempt art union must have a fairand equal chance
of winning every prize in the art union at its drawing.˙Order of drawing2.If
more than 1 prize is being offered in an exempt art union the
firstprize must be drawn first and the other
prizes then drawn in descendingorder of number
and value.˙Trade promotion art unions—mode of
entry and restriction3.(1)If it is
necessary, to take part in a trade promotion art union, that
aperson must—(a)forward an entry form or other document;
or(b)telephone a specified number;thecostincurredbythepersoninforwardingtheentryformorotherdocument or
telephoning the number must not be more than 50c.(2)The person conducting the trade
promotion art union must not receive(whetherdirectlyorindirectly)anyoftheamountmentionedinsubclause (1).˙Trade
promotion art unions—prohibited prizes4.A
prize in a trade promotion art union must not be—
35Art Unions and Public Amusements
Regulation1992SCHEDULE 2 (continued)(a)bonds,stock,debentures,sharesinabodycorporateorothersecurities;
or(b)a ticket or chance in an art union
except a ticket in an art unionconducted under
theGolden Casket Art Union Act 1978;
or(c)an interest in land (with or without
improvements) other than anestate in fee
simple; or(d)ammunitionoraweaponwithinthemeaningoftheWeaponsAct 1990;
or(e)tobacco in any form.˙Trade promotion art unions—name and
address of prize winner to bepublished5.The name and address (as provided by a
person who takes part in thetrade promotion
art union) of each person who wins a prize in the art unionmust
be published in a newspaper circulating in the locality where the
artunion is conducted.˙Trade
promotion art unions—ticket must state certain information5A.Every ticket in a trade promotion art
union must state—(a)thenameofthenewspaperinwhichthenameandaddressofeach
person who wins a prize in the art union is to be published;and(b)thedaythatthenameandaddressistobepublishedinthenewspaper.˙Specific forms of trade promotion art
unions6.(1)In this
clause—“lucky envelopes”is—(a)the game known as lucky envelopes,
break open, pulltab or lucky
36Art Unions and Public Amusements
Regulation1992SCHEDULE 2 (continued)numbers; or(b)a
similar game (whatever called).(2)If a
trade promotion art union is lucky envelopes, a ticket in the
artunion must—(a)be
continuously and securely sealed on all sides; and(b)be produced or manufactured using base
materials of sufficientopacity and thickness so that the
contents of the playing panelcannot be seen
except by breaking completely the tab securing theplaying panel.(3)If a
trade promotion art union is bingo, it may be conducted only in
anewspaper or magazine, or on premises that
are licensed as a bingo centreunder section 49
of the Act.
37Art Unions and Public Amusements
Regulation1992¡SCHEDULE
3†CONDITIONS TO BE OBSERVED IN THE
CONDUCTOF NON–EXEMPT ART UNIONSsection
16˙Advertisements—all non-exempt art
unions1.(1)An advertisement
published by, or on behalf of an association, inrelation to a non-exempt art union—(a)must specify—(i)the
name of the association; and(ii)thenumberofthepermitorlicenceunderwhichtheartunion is conducted; and(b)must not state, suggest or imply that
the art union is drawn underthe supervision
of—(i)the Crown; or(ii)a
representative of the Crown; or(iii)an
officer of the public service.˙Advertisements—major art unions2.Anadvertisementpublishedbyoronbehalfofanassociationinrelation to a major art union must
specify—(a)the closing day of the art union;
and(b)the time, day, and place of the
drawing of the art union; and(c)the
name and business address of the promoter.
38Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)˙Advertisements—major bingo3.(1)An advertisement
published by or on behalf of an association inrelation to a
major bingo session must specify—(a)the
name and business address of the promoter; and(b)the
time, date and place of the major bingo session.(2)An advertisement in relation to a
major bingo session must not state,suggest, or imply
the prizes that may be won at the major bingo session.(3)Subclause (2) does not apply to an
advertisement that refers to—(a)jackpot prizes that are authorised under
clause 14 (Jackpot prizesminor bingo and major bingo);
and(b)prizesinexemptartunionsandothernon-exemptartunionsauthorised under
the Act.˙Advertisements—calcutta sweeps4.A calcutta sweep must not be
advertised other than by way of—(a)an
advertisement or notice displayed inside the premises of theassociation or at another venue that may be
approved by the chiefexecutive; and(b)a
circular given or sent to members of the association.˙Tickets—all non-exempt art
unions5.(1)Each ticket in a
non-exempt art union must be sold at the sameprice.(2)Every person who has a ticket in a
non-exempt art union must have afair and equal
chance of winning every prize in the art union at its
drawing.(3)A ticket in an art union must—(a)be issued only on payment of the full
price of the ticket, except inthe case of a
multiple drawing art union, when only an amountthat is
sufficient to entitle the ticket to be entered in the next
draw
39Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)need
be paid; and(b)beissuedorallottedtoeachpersonwhotakespartintheartunion; and(c)not
be issued or allotted after the closing date of the art union;
and(d)not be sent or delivered by post to a
person unless—(i)the person has requested and paid for
the ticket before it issent or delivered; or(ii)the person is
the association’s agent or ticket seller.˙Tickets—minor art unions6.Tickets in a minor art union must—(a)be numbered consecutively; and(b)if more than 1 series is used for the
one art union—be identifiableby colour,
series or other distinguishable characteristics; and(c)ifmorethan1artunionisconductedonthesameday—beidentifiablebycolour,series,orotherdistinguishablecharacteristic;
and(d)if the art union is not conducted and
drawn on the same day andits gross proceeds are estimated to
exceed $2 000, specify—(i)the name and
address of the association and the number ofthe permit or
licence under which the art union is conducted;and(ii)the time, day
and place of the drawing of the art union; and(iii)the
day and way in which the names of the prize winners areto
be published; and(iv)the price of the
ticket; and(v)the number of the ticket; and(vi)each prize
provided in the art union and its retail value; and
40Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)(vii) the words ‘winners notified by mail’;
and(e)if the art union is not conducted and
drawn on the same day andparagraph (d) does not apply—(i)have the name and address of the
purchaser legibly writtenon the butt of the ticket; and(ii)in the case of a
guessing competition—have the name andaddress of the
participant legibly recorded in a manner toenable
identification of every prize winner.˙Tickets—major art unions7.Tickets in a major art union must—(a)be in the form of the printed specimen
previously approved bythe chief executive; and(b)be numbered consecutively commencing
with the number ‘1’ in1 series only; and(c)correspond to the number and value specified
in the permit or inan amendment to the permit granted under
section 91 of the Act;and(d)specify—(i)the
name of the association conducting the art union; and(ii)the closing day
of the art union; and(iii)the time, day
and place of drawing; and(iv)the title and
day of publication in which the prize winnersmust be
advertised; and(v)the name and business address of the
promoter; and(vi)the price of the
ticket; and(vii) the words ‘winners notified by
certified mail’; and(viii)the number of the ticket;
and
41Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)(ix)thenumberofthepermitunderwhichtheartunionisconductedandthewords‘AuthorisedbytheArtUnionsDivision, Queensland Treasury’; and(x)eachmajorprizeanditsretailvalueandsuchdetailsinrelation to the other prizes on offer
as may be specified in thepermit; and(xi)anyotherdetailsthatthechiefexecutivehasreasonablydirected as a
condition of the permit.˙Tickets or
cards—minor bingo and major bingo8.Tickets or cards in a minor bingo or major
bingo game must—(a)benumberedconsecutivelyineachseriesandamaximumof2 series numbers may be used in each
game; and(b)not be sold at a price that exceeds
40c for each ticket or card.˙Tickets—calcutta sweeps9.Tickets in a calcutta sweep must—(a)benumberedconsecutivelycommencingwiththenumber‘1’in1seriesonlyandthenumberofticketsprintedmustcorrespond in
value to the gross proceeds for which the permitwas
issued; and(b)specify—(i)the
name of the sporting event on which the calcutta sweepis
conducted; and(ii)the closing day
of the calcutta sweep; and(iii)the time, day
and place of the drawing of the calcutta sweepand the auction;
and(iv)the name and
address of the organiser of the calcutta sweep;and
42Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)(v)the price of the ticket; and(vi)the number of
the ticket; and(vii) the number of the permit and the words
‘Authorised by theArt Unions Division, Queensland Treasury’;
and(c)havethenameandaddressofthepersonstakingpartinthecalcutta sweep legibly recorded on the
butt of the ticket.˙Name of licence holder and licence
number to be printed or displayedon lucky
envelopes9A.Everyluckyenvelopeinagameofluckyenvelopesmusthaveprinted or displayed on it—(a)the name of the eligible association
that holds the licence to selllucky envelopes
under which the lucky envelope is sold; and(b)the
number of the licence.˙Price9B.(1)Every lucky
envelope in a game of lucky envelopes must be soldat
the same price.(2)The price must not be more than
50c.˙Substitution etc. of prizes not
allowed—all non-exempt art unions10.(1)Subject to subclause (2), prize winners in a
non-exempt art unionmust be given the prizes they have won
and a promise, representation orstatement must
not be made that the prize may be exchanged for somethingelse.(2)If a prize in a
major art union is not available for delivery within1monthofthedateofthedrawingoftheartunionbecauseofcircumstances beyond the control of the
management committee concerned,a similar prize
of equal or greater value may be substituted if—
43Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)(a)the prize winner agrees in writing to
the substitution; and(b)the chief
executive gives written consent to the substitution.˙Value of prizes, expenses and net
proceeds—minor art unions11.In a minor art
union—(a)the total value of prizes in the art
union must be an amount that isat least 20% of
the estimated gross proceeds of the art union; and(b)the allowable expenses (excluding
costs of prizes) in the art unionmust not be more
than the amount that is 15% of the estimatedgross proceeds
of the art union; and(c)the estimated
net proceeds from the conduct of the art union mustbe
an amount that is at least 35% of the estimated gross
proceedsof the art union.˙Value
of prizes, expenses and net proceeds—major art unions12.In a major art union—(a)the total value of prizes in the art
union must be an amount that isat least 20% of
the estimated gross proceeds of the art union; and(b)the allowable expenses (excluding
costs of prizes) in the art unionmust not be more
than the amount that is the amount specified inthe permit to
conduct the art union (or the permit as amended) ofthe
estimated gross proceeds of the art union; and(c)the
estimated net proceeds from the conduct of the art union
mustbe an amount that is at least 30% of the
estimated gross proceedsof the art union or such lesser amount
as may be approved by thechief executive in the permit.˙Value of prizes, expenses and net
proceeds—minor bingo and majorbingo13.In a minor bingo session and a major
bingo session—
44Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)(a)the total value of prizes in a session
(exclusive of jackpot prizesfor the session
and provision for future jackpot prizes) must be anamount that is at least 50% of the gross
proceeds of the session,excluding the gross proceeds of any
jackpot game; and(b)the sum of the amount paid in prizes,
excluding jackpot prizes, inthe session and
the amount (if any) that is set aside as a provisionfor
future jackpot prizes at subsequent sessions must not be
morethantheamountthatis75%ofthegrossproceedsofthesession;
and(c)the allowable expenses in a session
must not be more than—(i)the expenses
actually incurred; or(ii)theamountthatis12.5%ofthegrossproceedsofthesession;
or(iii)$1 000;whichever is the less.˙Jackpot prizes—minor bingo and major
bingo14.(1)Except in the
case of the first jackpot prize that is offered under anauthoritytoconductminorbingoormajorbingo(wheneverobtained)ajackpot prize must be paid from
provisions set aside by the association forthat purpose from
the proceeds of earlier minor and major bingo sessionsconducted by the association.(2)The total value of jackpot prizes
offered in—(a)a minor bingo session must not be more
than $1 000; and(b)a major bingo session must not be more
than $2 000; and(c)a high roller session must not be more
than $4 000.˙Value of prizes and expenses—calcutta
sweeps15.In a calcutta sweep—
45Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)(a)the total value of prizes in the sweep
must be an amount that is atleast 80% of the
sum of the gross proceeds of the sweep and thetotal proceeds
of the auction relating to the sweep; and(b)the
allowable expenses must not be more than—(i)the
amount that is 5% of the gross proceeds of the sweepand
the auction; or(ii)$500;whichever is the lesser.˙Value
of prizes and expenses—lucky envelopes15A.In a
game of lucky envelopes—(a)the total value
of prizes must be an amount that is at least 40% ofthe
gross proceeds of the game; and(b)the
allowable expenses must not be more than the amount that is15%
of the estimated gross proceeds of the game; and(c)the estimated net proceeds of the game
must be an amount that isat least 20% of the estimated gross
proceeds of the game.˙Prohibited
prizes—all non-exempt art unions16.(1)Subjecttosubclauses(2)and(3),aprizeinanon-exemptartunion
must not be—(a)bonds,stock,debentures,sharesinabodycorporateorothersecurities;
or(b)a ticket or chance in an art union
except a ticket in an art unionconducted under
theGolden Casket Art Union Act 1978;
or(c)an interest in land (with or without
improvements) other than anestate in fee
simple; or(d)ammunitionoraweaponwithinthemeaningoftheWeaponsAct 1990;
or
46Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)(e)tobacco in any form; or(f)spirituous or fermented
alcohol.(2)Iftheartunionisamajorartunion,amoneyprizemayonlybeoffered—(a)aspartofaholidayortrippackageifapprovedbythechiefexecutive in the
permit and the amount is not more than $10 000;or(b)as an intermediate prize in multiple
drawing art unions—if thetotal value of intermediate money
prizes does not exceed 10% oftheestimatedgrossproceedsoftheartunion,or$3000,whichever is the less.(3)If
the art union is a minor art union or lucky envelopes, spirituous
orfermented alcohol with a retail value of $100
or less may be offered as aprize in the art
union.(4)In this clause—“money”includes cash, bank draft, travellers
cheque, cheques, paymentorders and any other authority for the
payment of money.˙Order of drawing—minor art unions and
major art unions17.If more than 1 prize is being offered
in a non-exempt art union thefirst prize must
be drawn first and the other prizes then drawn in descendingorder
of number and value.˙Drawing—minorartunionsconductedunderlicencetoconductminor art
unions18.(1)A minor art
union (other than a multiple drawing minor art union)conductedunderalicencetoconductminorartunionsmustbedrawnwithin 4 months
of the start of the minor art union.(2)A
multiple drawing minor art union conducted under a licence
toconduct minor art unions must be drawn within
10 months of the start ofthe minor art union.
47Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)˙Bingo sessions playing times etc.—minor
bingo and major bingo19.(1)A minor bingo or
major bingo session may be conducted onlybetween 9 a.m.
and 10.30 p.m.(2)The maximum number of games that may
be conducted in a minoror major bingo session is 40
games.(3)Aminorbingoormajorbingosessionmustnotbelongerthan4 hours.˙Restriction on number of sessions—minor
bingo20.Not more than 1 minor bingo session in
a week may be conductedunder a permit to conduct minor bingo
or an endorsement of a minor artunion licence to
permit the conduct of minor bingo.˙Restriction on number of session—major
bingo21.Not more than 2 major bingo sessions
in a week may be conductedunder a permit to conduct major
bingo.˙Determining the winner—minor bingo and
major bingo22.(1)The winner of a
prize in a game of minor or major bingo is theperson—(a)who claims the prize; and(b)whosecardischeckedbyaspotterandfoundtohaveallthenumbers that—(i)have
been properly drawn and called; and(ii)are
necessary to claim the prize.(2)A
person who claims a prize in a particular game during a
call-backof a card that is claimed as a winning card
in the game must be recognisedas a claimant of
the prize.(3)A claim to a prize in a game cannot be
recognised after the game is
48Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)finished.(4)A
game is finished when the last number of the last winning card of
aclaimant under subclause (2) in that game has
been called back.˙Time in which calcutta sweep to be
completed23.Acalcuttasweepmustbecompletedwithin1monthofthedayspecified in the
permit to conduct the sweep as the day on which the sweepis to
start.˙Where lucky envelopes may be
sold24.(1)Subjecttosubclause(2),alltheluckyenvelopesinagameoflucky
envelopes must be sold by the same seller or from the same
luckyenvelope vending machine.(2)More
than 1 seller may sell the lucky envelopes in a game of
luckyenvelopes if all the lucky envelopes in the
game are to be sold on the samepremises.˙Operation of lucky envelope vending
machine25.(1)This clause
applies if an eligible association, that holds a licence tosellluckyenvelopes,arrangeswiththeoccupierofpremisesfortheinstallation of a lucky envelope
vending machine at the premises, for thesale of the
association’s lucky envelopes.(2)After the machine is installed and subject
to subclause (4), the eligibleassociation must
ensure that the occupier, or an employee or agent of theoccupier, does not, in any way assist, or
become involved with, the eligibleassociation in
the operation of the machine or the sale of lucky envelopesfrom
the machine.(3)Subject to subclause (5), the eligible
association must not pay or givetheoccupierortheoccupier’semployeeoragentanymoneyorotherconsideration in
relation to the installation or operation of the machine.(4)Subclause(2)doesnotpreventtheoccupier,ortheoccupier’s
49Art Unions and Public Amusements
Regulation1992SCHEDULE 3 (continued)employee or agent, from—(a)paying to a winner, on behalf of the
association, a prize won in alucky envelope
from the machine if the eligible association hasauthorised the occupier or the occupier’s
employee or agent inwritingtopayprizeswoninluckyenvelopesfromthemachine; or(b)telling the eligible association about
difficulties and faults in theoperation of the
machine or that it has been tampered with in anyway;
or(c)if the machine is electrically
operated—ensuring that the supply ofelectricity to
the machine is connected and turned on.(5)Subclause (3) does not prevent the eligible
association from—(a)reimbursing an occupier or an
occupier’s employee or agent fortheamountofaprizepaidbytheoccupierortheoccupier’semployee or
agent under subclause (4)(a); or(b)paying to the occupier an amount from the
gross proceeds of eachgame of lucky envelopes sold from the
machine that is not morethan 5% of the gross proceeds of the
game.
50Art Unions and Public Amusements
Regulation1992¡SCHEDULE
4†CONDITIONS TO BE OBSERVED IN PRINTING
ANDSUPPLYING LUCKY ENVELOPESsection 30A˙What
must be printed or displayed on lucky envelopes1.Everyluckyenvelopeinagameofluckyenvelopesprintedbyaperson who holds a licence to print and
supply lucky envelopes must haveprinted or
displayed on it the following information—(a)the
licence number of the person;(b)the
serial number of the game;(c)the price of the
lucky envelope.˙Price of lucky envelope2.The price of every lucky envelope in a
game of lucky envelopes mustbe the same and
must not be more than 50c.˙Serial
numbers3.(1)The serial
number of a game of lucky envelopes must be a serialnumber from the sequence of serial numbers
that is allocated by the chiefexecutive to the
person who holds the licence to print and supply the luckyenvelopes.(2)A
serial number may be used only once.˙Game
requirements4.(1)The number of
lucky envelopes in each game that win a prize mustnot
be less than 6% of the total number of lucky envelopes in the
game.
51Art Unions and Public Amusements
Regulation1992SCHEDULE 4 (continued)(2)The total value of all the prizes in a
game of lucky envelopes must notbe less than 40%
of the gross proceeds that would arise if all the envelopesin
the game were sold at the price on the envelopes.˙Maximum prize5.A
prize in a game of lucky envelopes must not be more than
$250.
52Art Unions and Public Amusements
Regulation1992¡SCHEDULE
5†CONDITIONS TO BE OBSERVED IN THE
CONDUCTOF PUBLIC AMUSEMENTSsection
30G˙Supervision of public amusement1.(1)A public
amusement must be supervised by a fit and proper personwhen
the public amusement is operating.(2)Apersonisnotafitandproperpersonforthepurposeofsubclause (1) if the person is
disqualified under section 85 (Disqualificationfromholdinglicence)oftheActfromholdingalicenceunderPart4(PUBLIC AMUSEMENTS) of the Act.˙Disturbance not allowed2.Undueoffence,annoyance,disturbanceorinconveniencemustnothappen or be allowed to continue to
happen to persons living, working ordoingbusinessintheneighbourhoodoftheplacewherethepublicamusement is
conducted.
54Art Unions and Public Amusements
Regulation19923´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 SL
No. 420 of 19921 February 19932to SL
No. 75 of 199322 June 19933to SL
No. 460 of 199320 September 19943Ato SL
No. 27 of 199622 August 1996´5Tables in earlier reprintsName
of tableTABLES IN EARLIER REPRINTSRenumbered provisionsCorrected minor
errorsReprint No.21
55Art Unions and Public Amusements
Regulation1992´6List
of legislationArt Unions and Public Amusements Regulation
1992 SL No. 232notfd gaz 24 July 1992 p 2423–4ss
1–2 commenced on date of notificationremaining
provisions commenced 24 July 1992 (see s 2)as amended
by—ArtUnionsandPublicAmusementsAmendmentRegulation(No.2)1992SL
No. 420notfd gaz 18 December 1992 pp 1988–96ss
1–2 commenced on date of notificationremaining
provisions commenced 1 January 1993 (see s 2)ArtUnionsandPublicAmusementsAmendmentRegulation(No.1)1993SL
No. 75notfd gaz 26 March 1993 pp 1580–3commenced on date of notificationArtUnionsandPublicAmusementsAmendmentRegulation(No.2)1993SLNo. 460notfd gaz 17
December 1993 pp 1812–21ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1994 (see s 2)ArtUnionsandPublicAmusementsAmendmentRegulation(No.1)1996SLNo. 27notfd gaz 16
February 1996 pp 735–6commenced on date of
notificationArtUnionsandPublicAmusementsAmendmentRegulation(No.2)1996SLNo. 278notfd gaz 18
October 1996 pp 633–4commenced on date of
notification´7List of
annotationsDefinitionss 3def“approved form”ins 1992 SL No.
420 s 4def“liable person”ins 1993 SL No.
75 s 3def“register”ins 1996 SL No.
278 s 3def“repealed Act”ins 1992 SL No.
420 s 4Trade promotion art unions—notices or
advertisementss 8Ains 1992 SL No. 420 s 5amd
1996 SL No. 27 s 3Trade promotion art unions—delivery of
prizess 9amd 1996 SL No. 27 s 4
56Art Unions and Public Amusements
Regulation1992Chief executive to be notified of
certain eventss 11amd 1996 SL No. 27 s 5Chief
executive to be notified of loss or theft of lucky envelopes
etc.s 11Ains 1992 SL No. 420 s 6amd
1996 SL No. 27 s 6Organiser of calcutta sweeps
12amd 1996 SL No. 27 s 7Vacancy in
appointment to be filleds 14amd 1996 SL No.
27 s 8Application of net proceeds of non-exempt art
unions 15amd 1996 SL No. 27 s 9Conduct of non-exempt art unionss
16sub 1993 SL No. 75 s 4amd 1996 SL No.
27 s 10Records, documents and accounts to be
kepts 17amd 1992 SL No. 420 s 7sub
1993 SL No. 75 s 4; 1996 SL No. 27 s 11Keeping of
accountss 18amd 1992 SL No. 420 s 8sub
1993 SL No. 75 s 4amd 1993 SL No. 460 s 4sub 1996 SL No.
27 s 11Retention of records and accountss
20sub 1992 SL No. 420 s 9amd 1996 SL No.
27 s 12Audits—major art unions, major bingo and
certain calcutta sweepss 21amd 1996 SL No.
27 s 13Statements etc. to be lodged—minor art union
and minor bingos 22amd 1996 SL No. 27 s 14Statementsandreturns—associationholdinglicencetoconductminorartunionss 23amd
1992 SL No. 420 s 10; 1996 SL No. 27 s 15Returns—association holding licence to sell
lucky envelopess 23Ains 1992 SL No. 420 s 11amd
1996 SL No. 27 s 16Delivery of prizes—all non-exempt art unions
other than minor bingo or majorbingos
24sub 1993 SL No. 75 s 5amd 1996 SL No.
27 s 17Delivery of prizes—minor bingo and major
bingos 25amd 1992 SL No. 420 s 12; 1996 SL No.
27 s 18
57Art Unions and Public Amusements
Regulation1992Unclaimed prizes to be retained for 3
months—all non-exempt art unionss 26amd
1996 SL No. 27 s 19Disposal of unclaimed prizes—minor art
unionss 27amd 1996 SL No. 27 s 20Disposal of unclaimed prizes—major art unions
and calcutta sweepss 28amd 1996 SL No. 27 s 21Safe
custody of lucky envelopess 28Ains 1992 SL No.
420 s 13amd 1996 SL No. 27 s 22Requirements for
approval of lucky envelope vending machines 28Bins
1992 SL No. 420 s 13Certain persons not eligible to win a prize
in a non-exempt art unions 29sub 1993 SL No.
75 s 6Restriction on sporting events—calcutta
sweepss 30amd 1996 SL No. 27 s 23PART
3A—PRINTING AND SUPPLYING LUCKY ENVELOPESpt hdgins
1992 SL No. 420 s 14Conditions to be observed in printing and
supplying lucky envelopess 30Ains 1992 SL No.
420 s 14amd 1996 SL No. 27 s 24Returns—personholdingalicencetoprintandsupply,orsupply,luckyenvelopess 30Bins
1992 SL No. 420 s 14Recordstobekeptbypersonwhoholdslicencetoprintandsupplyluckyenvelopess 30Cins
1992 SL No. 420 s 14Records to be kept by person who holds
licence to supply lucky envelopess 30Dins
1992 SL No. 420 s 14amd 1996 SL No. 27 s 25Personwhoprintsandsupplies,orsupplies,luckyenvelopestonotifychiefexecutive of loss or theft of lucky
envelopess 30Eins 1992 SL No. 420 s 14Informationprescribedunders.71oftheAct(Luckyenvelopesprintedbyunlicensed person etc. not to be
supplied)s 30Fins 1992 SL No. 420 s 14sub
1993 SL No. 75 s 7PART3B—CONDITIONSTOBEOBSERVEDINTHECONDUCTOFPUBLIC AMUSEMENTSpt hdgins
1992 SL No. 420 s 14