QueenslandLotteriesAct1997LotteriesRegulation1997Reprinted as in force on 1 July 2006Reprint No. 4AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2007 SL No. 166 s 20
Information about this reprintThis
regulation is reprinted as at 1 July 2006. The reprint shows the
law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
hard copy reprint is the same as the date shownon another hard
copy reprint it means that one is the replacement of the
other.
s13s3Lotteries Regulation 1997Lotteries
Regulation 1997[as amended by all amendments that commenced
on or before 1 July 2006]1Short
titleThis regulation may be cited as theLotteries Regulation 1997.2CommencementThis regulation
commences on the day section 81of
the Actcommences.3DefinitionsIn this
regulation—advancedevaluationmeansanevaluationofanyofthefollowing things relating to regulated
lottery equipment—(a)communications protocols;(b)monitoring systems;(c)random number generators.auditcomputersystemmeansacomputersystem,separatefrom a lotteries
computer system, used by a lottery licensee tochecktheamountsreceivedfromthesaleoftickets,thenumber of winners and the prizes payable in
each drawing ofan approved lottery.basic
evaluationmeans an evaluation of any of the
followingthings relating to regulated lottery
equipment—(a)artwork;(b)cabinet design;(c)documentation,includingforexample,operationalmanuals.1Section 8 (Lawful activities) of the
Act
s34s3Lotteries Regulation 1997classified
lotterymeans—(a)a
declared lottery; or(b)an approved lottery known as instant
scratch-its, goldencasket or pools.declared
lotterymeans an approved lottery known as oz
lotto,powerball, Saturday gold lotto, super 66 or
Wednesday goldlotto.global GST
amount, for a lottery licensee for a month,
meanstheglobalGSTamount,calculatedundertheANewTaxSystem (Goods and Services Tax) Act
1999(Cwlth), division126,forthemonthfortheconductoflotteriesunderthelottery licence.instant
prizemeans a prize that is known to be won when
thematterprintedinagamepanelorpanelsonaticketisexposed.instant
scratch-itsmeans a lottery in which—(a)instant prizes are decided; and(b)additional prizes may be
decided.intermediateevaluationmeansanevaluationofanyofthefollowing things relating to regulated
lottery equipment—(a)hardware,otherthanhardwaresubjecttobasicevaluation;(b)software,otherthansoftwaresubjecttoadvancedevaluation;(c)themathematicaltreatiseofthederivationofthetheoretical
return to a player.lotteries computer systemmeans
a computer system used forthe conduct of lotteries by a lottery
licensee under a lotterylicence.lotteries ticket
terminalmeans a terminal that—(a)is
part of a lotteries computer system; and(b)isusedatthepointofsaleofticketsinanapprovedlottery.
s45s5Lotteries Regulation 1997lottery random
number generatormeans a device designedandusedtoselect,atrandomand1atatime,thewinningnumbers in a
drawing of an approved lottery.monthly gross
revenuesee section 8.Wednesdaygoldlottoballdrawingdevicemeansadeviceusedtodrawthewinningnumbersinadrawingoftheapproved lottery
known as Wednesday gold lotto.4Prohibited words—Act, s 6Thefollowingwordsareprescribedforsection6(5)2oftheAct—•casket•lotto•powerball•scratch-it.5Persons with whom lottery licensee may enter
intoagency agreements—Act, s 79(1)Thissectionprescribesthepersonseligibletobelotteryagents for section 79(1)3of
the Act.(2)If section 79(1)(a) of the Act
applies, the person prescribed isa person who is
the owner and controller of a small businessthat—(a)is a retail business; or(b)isoperatedorintendedtobeoperatedfromretailshopping
premises.(3)Ifsection79(1)(a)oftheActdoesnotapplybecauseofsection79(2)(a),thepersonprescribedistheownerandcontroller of a business in relation
to which a previous agencyagreement applied.2Section 6 (Requirement for lottery licence)
of the Act3Section 79 (Conditions for entering
into agency agreement) of the Act
s66s7Lotteries Regulation 1997(4)Ifsection79(1)(a)oftheActdoesnotapplybecauseofsection79(2)(b),thepersonprescribedistheownerandcontroller of a mail order
business.6Lottery tax—Act, s 94(1)Thissectionprescribesmattersaboutthecalculationandpayment of the lottery tax for section
94(2)4of the Act.(2)The
lottery tax is payable for each month.(3)The
lottery tax is to be paid on or before the seventh day of
themonth immediately following the month for
which the tax ispayable.(4)The
gross tax amount for a month is the sum of the followingamounts—(a)62%
of the lottery licensee’s monthly gross revenue forthe
month from declared lotteries;(b)55%
of the lottery licensee’s monthly gross revenue forthe
month from the approved lottery known as instantscratch-its;(c)45%
of the lottery licensee’s monthly gross revenue forthe
month from the approved lottery known as goldencasket;(d)59% of the lottery licensee’s monthly
gross revenue forthe month from the approved lottery known as
pools.(5)The lottery tax payable for a month is
the gross tax amountless the lesser of the following
amounts—(a)the global GST amount for the
month;(b)the gross tax amount for the
month.7Returns for calculation of lottery
tax—Act, s 96(1)This section prescribes matters about
returns for section 96 ofthe Act.(2)A
return must be given for each month.4Section 94 (Liability to tax) of the
Act
s87s8Lotteries Regulation 1997(3)A
return must be given on or before the seventh day of themonth
immediately following the month to which the returnrelates.(4)A
return must set out the following details for each
classifiedlottery for the month to which the return
relates—(a)the total amount paid for tickets for
all drawings of thelottery;(b)the
total amount set aside from the amount mentioned inparagraph (a) for payment of prizes;(c)the lottery licensee’s monthly gross
revenue.(5)Areturnmustalsostatethelotterylicensee’sglobalGSTamount for the month to which the return
relates.8Calculation of monthly gross
revenue(1)Monthly gross revenue, for a lottery
licensee, for a classifiedlottery,foramonth,istheamountcalculatedusingthefollowing formula—MGR = A -
P(2)In the formula in subsection
(1)—Ameans the total amount (thetotal receipts) paid for
tickets(excluding mail order fees) for all drawings
of the classifiedlottery that take place in the month.MGRmeans the monthly gross
revenue.Pmeans the total amount set aside from
the total receipts forpayment of prizes in the classified
lottery.(3)In this section—mail order
fee, for a ticket in a classified lottery,
means anyamount,additionaltothepriceoftheticket,chargedbyalotteryagentforsellingtheticket(whetherbymailorotherwise) to a person outside
Queensland.
s
98s 11Lotteries
Regulation 19979Percentages for penalties for late
payment—Act, s 97(1)For section 97(2)5of
the Act, the percentage prescribed is 5%.(2)For
section 97(4) of the Act, the percentage prescribed is 5%.9APercentage of lottery tax for
community investmentfund—Act, s 99A(3)For section
99A(3)6of the Act, the percentage is
8.5%.10Places of operation for lottery
agents—Act, s 125For section 125(2)7of
the Act, the following kinds of placesare prescribed as
appropriate for a lottery agent—(a)retail business premises;(b)retail shopping premises;(c)other commercial premises or
offices.10ADesignated lottery for claims for
prizes—Act, s 129(4)Forsection129(4)8oftheAct,definitionreferenceperiod,paragraph (a), Probability Instant
Scratch-Its is a designatedlottery.11Requests to resolve claims for payment—Act,
s 138(1)This section prescribes, for section
138(4)9of the Act, the wayin
which the chief executive must deal with a request, madebyaclaimantundersection138(2)oftheAct,toresolveaclaim
for payment of a prize in an approved lottery.(2)Thechiefexecutivemustaskthelotterylicenseetoimmediately try to resolve the
claim.5Section 97 (Penalty for late payment)
of the Act6Section 99A (Application of lottery
tax) of the Act7Section 125 (Places of operation) of
the Act8Section 129 (Claims for prizes) of the
Act9Section 138 (Claims for payment) of
the Act
s
129s 12Lotteries
Regulation 1997(3)If, within 14 days of making the
request under subsection (2),thechiefexecutiveisnotadvisedoftheresolutionoftheclaim by the
lottery licensee or claimant, the chief executivemustbywrittennoticegiventothelicenseeinvitethelicensee, and by written notice given to the
claimant invite theclaimant, to make a written submission to
the chief executiveabout the claim within 1 month after
receiving the notice (thesubmission period).(4)The chief executive may—(a)cause an investigation to be made
about any matter thechief executive considers is relevant to the
claim; and(b)request a report of the investigation
to be given to thechief executive.(5)As
soon as practicable after the end of the submission period,the
chief executive must—(a)consider all
written submissions made in the submissionperiod by the
lottery licensee and claimant; and(b)consider any report given tothe
chief executive undersubsection (4); and(c)make a decision about the claim;
and(d)givethelotterylicenseeandclaimantawrittennoticestating the decision and the reasons for the
decision.(6)However,thechiefexecutiveisnotrequiredtotakeorcomplete action under subsection (5) if the
chief executive isadvised of the resolution of the claim by
the lottery licensee orclaimant.(7)Nothing in this section affects or
prejudices any other right orremedy of a
lottery licensee or participant in a lottery.12Requests to review decisions about claims
forpayment—Act, s 138(1)Thissectionprescribes,forsection138(4)10oftheAct,thewayinwhichthechiefexecutivemustdealwitharequest,10Section 138 (Claims for payment) of the
Act
s
1210s 12Lotteries
Regulation 1997made by a claimant under section 138(2) of
the Act, to reviewa decision of a lottery licensee (thelicensee’s decision).(2)The chief executive must either
review, or refuse to review,the licensee’s
decision.(3)Thechiefexecutivemayrefusetoreviewthelicensee’sdecision only
if—(a)therequestwasnotmadewithin10daysaftertheclaimantreceivedtheclaimresultnoticeforthedecision; or(b)the
chief executive considers the request was not madein
good faith or is frivolous.(4)Ifthechiefexecutivedecidestorefusetoreviewthelicensee’s decision, the chief executive
must—(a)give written notice of the chief
executive’s decision tothe lottery licensee and claimant;
and(b)give the claimant a written notice
stating the reasons forthe chief executive’s decision.(5)Ifthechiefexecutivedecidestoreviewthelicensee’sdecision, the
chief executive must—(a)give the lottery
licensee a copy of the claimant’s request;and(b)bywrittennoticegiventothelicenseeinvitethelicensee,andbywrittennoticegiventotheclaimantinvite the
claimant, to make a written submission to thechiefexecutiveaboutthelicensee’sdecisionwithin1monthafterreceivingthenotice(thesubmissionperiod).(6)The chief
executive may—(a)cause an investigation to be made
about any matter thechief executive considers is relevant to the
review; and(b)request a report of the investigation
to be given to thechief executive.(7)As
soon as practicable after the end of the submission period,the
chief executive must—
s
1311s 15Lotteries
Regulation 1997(a)consider all written submissions made
in the submissionperiod by the lottery licensee and claimant;
and(b)consider any report given tothe
chief executive undersubsection (6); and(c)make a decision about the review;
and(d)givethelotterylicenseeandclaimantawrittennoticestating the decision and the reasons for the
decision.(8)Nothing in this section affects or
prejudices any other right orremedy of a
lottery licensee or participant in a lottery.13Entities to whom information may be
disclosed—Act s225The entities prescribed for section
225(3)(a)11of the Act areset out in
schedule 1.14Regulated lottery equipment—Act, sch
3For the definitionregulated
lottery equipmentin schedule 312oftheAct,thelotteryequipmentspecifiedinschedule2isregulated lottery equipment.14AEvaluation of regulated lottery
equipment—Act, s 133For section 133(2)(a) of the Act, an
evaluation carried out bythe chief executive may include 1 or
more of the followingtypes of evaluation—(a)basic evaluation;(b)intermediate evaluation;(c)advanced evaluation.15FeesThe fees payable under the Act are in
schedule 3.11Section 225 (Confidentiality of
information) of the Act12Schedule 3
(Dictionary) of the Act
12Lotteries Regulation 1997Schedule 1Entitiessection 13Alberta Gaming
and Liquor Commission, CanadaAlcohol and
Gaming Authority Nova Scotia, CanadaAlcohol and
Gaming Commission of Ontario, CanadaAustralian Bureau
of Criminal IntelligenceAustralianCapitalTerritoryGamblingandRacingCommissionAustralian Competition and Consumer
CommissionAustralian Crime CommissionAustralian Customs ServiceAustralian Federal PoliceAustralian Securities and Investments
CommissionAustralian Security Intelligence
OrganisationAustralian Taxation OfficeAustralianTransactionReportsandAnalysisCentre(AUSTRAC)British Columbia
Gaming Commission, CanadaCentrelinkColorado Division
of Gaming, USAColorado State Police, USACompetition Bureau, CanadaCrime
and Misconduct CommissionDepartment of Gaming and Racing, New
South WalesDepartment of Immigration and Multicultural
AffairsDepartment of Internal Affairs, New
ZealandDepartment of Justice, Canada
13Lotteries Regulation 1997Schedule 1 (continued)Department of
Racing, Gaming and Liquor, Western AustraliaDepartment of
Treasury and Finance, South AustraliaGambling
Commission, Great BritainGambling Commission, New
ZealandGaming and Censorship Regulation Group, New
ZealandGaming and Wagering Commission of Western
AustraliaGaming Board of the Commonwealth of the
BahamasGaming Supervisory Authority, South
AustraliaIndependent Gambling Authority, South
AustraliaInterpolLiquor Licensing
Division, QueenslandLotteries Commission of South
AustraliaLotterywestLouisiana State
Police, USAMissouri State Highway Patrol, USAMpumalanga Gaming Board, South AfricaNational Indian Gaming Commission,
USANevada Gaming Commission, USANevada Gaming Control Board, USANew
Jersey Casino Control Commission, USANew Jersey
Division of Gaming Enforcement, USANew South Wales
Casino Control AuthorityNew South Wales Crime
CommissionNew South Wales Liquor Administration
BoardNew South Wales Police ServiceNew
Zealand PoliceNorthern Territory Licensing
CommissionNorthern Territory Police
14Lotteries Regulation 1997Schedule 1 (continued)Office of Fair
Trading, QueenslandOffice of State Revenue, QueenslandOfficeoftheLiquorandGamblingCommissioner,SouthAustraliaPueblo of Isleta
Gaming Regulatory Agency, USAQueensland Police
ServiceRacing, Gaming and Licensing Division,
Northern TerritoryRacing Services TasmaniaSouth Australia
PoliceSouth Dakota Commission on Gaming,
USATasmanian Gaming CommissionTasmania PoliceThe Mississippi
Gaming Commission, USAVictorian Commission for Gambling
RegulationVictoria PoliceWestern Australia
Police ServiceWestern Cape Gambling and Racing Board,
South AfricaWorkCover Queensland
15Lotteries Regulation 1997Schedule 2Regulated lottery
equipmentsection 14audit computer
systemlotteries computer system (hardware and
software)lotteries ticket terminallottery random number generatorlottery tickets in instant
scratch-itsWednesday gold lotto ball drawing
device
16Lotteries Regulation 1997Schedule 3Feessection 15$1Application for lottery licence (s
9(2) of the Act).12 329.002Applicationforkeypersonlicence(s47(2)(c)ofthe
Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .355.003Issue
of replacement key person licence (s 57(4) ofthe Act) . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26.004Evaluationofregulatedlotteryequipment(s133(3)(a) of the Act), for each hour, or
part of anhour, involved in the following—(a)carrying out—(i)basic
evaluation. . . . . . . . . . . . . . . . . . . .147.00(ii)intermediate evaluation . . . . . . . . . .
. . . .183.00(iii)advanced evaluation . . . . . . . . . . . .
. . . .219.00(iv)administration for an evaluation . . . . . .
.111.00(b)giving advice for an evaluation . . . . . .
. . . . . .111.00(c)holding meetings for an evaluation. . . . .
. . . .111.005Filing a notice of appeal (s 220(2)(a) of
the Act) . .295.00
18Lotteries Regulation 19974Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B1C1D22A2BAmendments
tonone2000 SL No. 132000 SL No.
1372000 SL No. 2862001 SL No.
2702001 SL No. 2702002 SL No.
1282002 SL No. 138Effective1
August 19974 February 20001 July
20001 December 200021 December
200121 December 20017 June
200214 June 2002Reprint
date1 August 199718 February
200014 July 200015 December
20004 January 20021 February
200213 June 200221 June
2002ReprintNo.2C2D33A3B3C3D3E44AAmendments included2002
SL No. 2442003 SL No. 219—2004
SL No. 532004 SL No. 1942004 SL No.
2532005 SL No. 12005 SL No.
115—2006 SL No. 139Effective1
October 20021 October 20031 October
200321 May 20041 October
20041 December 20044 February
20051 July 20051 July
20051 July 2006NotesR2D
withdrawn, see R3R3E withdrawn, see R45Tables in earlier reprintsName
of tableCorrected minor errorsReprint
No.16List of
legislationLotteries Regulation 1997 SL No. 231made
by the Governor in Council on 31 July 1997notfd gaz 1
August 1997 pp 1552–4commenced 1 August 1997 (see s 2 and
1997 SL No. 230)exp 1 September 2007 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—
19Lotteries Regulation 1997Gaming
Legislation Amendment Regulation (No. 1) 2000 SL No. 13 pts 1,
5notfd gaz 4 February 2000 pp 371–4commenced on date of notificationGaming
Legislation Amendment Regulation (No. 2) 2000 SL No. 136 pts 1,
7notfd gaz 30 June 2000 pp 736–48ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2000 (see s 2)Treasury
Legislation Amendment Regulation (No. 1) 2000 SL No. 137 pts 1,
7notfd gaz 30 June 2000 pp 736–48ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2000 (see s 2)Gambling
Legislation Amendment Regulation (No. 1) 2000 SL No. 286 pts 1,
5notfd gaz 17 November 2000 pp 1093–5ss
1–2 commenced on date of notificationremaining
provisions commenced 1 December 2000 (see s 2)Gambling
Legislation Amendment Regulation (No. 1) 2001 SL No. 270 s 1, pt
7notfd gaz 21 December 2001 pp 1482–8commenced on date of notificationGambling Legislation Amendment Regulation
(No. 1) 2002 SL No. 128 pts 1, 7notfd gaz 7 June
2002 pp 575–8commenced on date of notificationGambling Legislation Amendment Regulation
(No. 2) 2002 SL No. 138 pts 1, 8notfd gaz 14 June
2002 pp 697–700commenced on date of notificationGambling Legislation Amendment Regulation
(No. 3) 2002 SL No. 244 ss 1, 2(2), pt 7notfd gaz 27
September 2002 pp 340–4ss 1–2 commenced on date of
notificationremaining provisions commenced 1 October
2002 (see s 2(2))Gambling Legislation Amendment Regulation
(No. 1) 2003 SL No. 219 ss 1, 2(2), pt 7notfd gaz 19
September 2003 pp 219–21ss 1–2 commenced on date of
notificationremaining provisions commenced 1 October
2003 (see s 2(2))Gaming Machine and Other Legislation
Amendment Regulation (No. 1) 2004 SL No.53 pts 1,
3notfd gaz 21 May 2004 pp 191–4commenced on date of notificationGambling Legislation Amendment Regulation
(No. 1) 2004 SL No. 194 ss 1, 2(2), pt 7notfd gaz 24
September 2004 pp 322–4ss 1–2 commenced on date of
notificationremaining provisions commenced 1 October
2004 (see s 2(2))Gambling Legislation Amendment Regulation
(No. 2) 2004 SL No. 253 pts 1, 7notfd gaz 26
November 2004 pp 1040–2ss 1–2 commenced on date of
notificationremaining provisions commenced 1 December
2004 (see s 2)
20Lotteries Regulation 1997Gambling Legislation Amendment Regulation
(No. 1) 2005 SL No. 1 s 1, pt 7notfd gaz 4
February 2005 pp 358–9commenced on date of
notificationGambling Legislation Amendment Regulation
(No. 3) 2005 SL No. 115 pts 1, 7notfd gaz 17 June
2005 pp 569–71ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2005
(see s 2)Gambling Legislation Amendment Regulation
(No. 1) 2006 SL No. 139 pts 1, 7notfd gaz 23 June
2006 pp 898–902ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2006
(see s 2)7List of annotationsDefinitionss 3def“advanced evaluation”ins
2002 SL No. 128 s 22def“basic evaluation”ins 2002 SL No.
128 s 22def“global GST amount”ins
2000 SL No. 137 s 16def“golden casket winning number
generator”om 2000 SL No. 13 s 11(1)def“intermediate evaluation”ins
2002 SL No. 128 s 22def“lottery random number
generator”ins 2000 SL No. 13 s 11(2)Lottery tax—Act, s 94s 6amd
2000 SL No. 137 s 17Returns for calculation of lottery tax—Act, s
96s 7amd 2000 SL No. 137 s 18Percentage of lottery tax for community
investment fund—Act, s 99A(3)s 9Ains
2000 SL No. 286 s 22Designated lottery for claims for prizes—Act,
s 129(4)prov hdgamd 2006 SL No.
139 s 20s 10Ains 2000 SL No. 13 s 12amd
2006 SL No. 139 s 20Evaluation of regulated lottery
equipment—Act, s 133s 14Ains 2002 SL No. 128 s 23SCHEDULE 1—ENTITIESsub 2000 SL No.
136 s 63amd 2002 SL No. 138 s 42; 2003 SL No. 219 s
24; 2004 SL No. 53 s 6; 2004SL No. 253 s 18;
2005 SL No. 1 s 17; 2006 SL No. 139 s 21SCHEDULE
2—REGULATED LOTTERY EQUIPMENTamd 2000 SL No.
13 s 13SCHEDULE 3—FEESamd 2000 SL No.
136 s 64; 2000 SL No. 137 s 19sub 2001 SL No.
270 s 15amd 2002 SL No. 128 s 24; 2002 SL No. 244 s
16