2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Andrew Wall)
Lotteries Amendment Bill 2015

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New part 1 heading	2
	5	New part 2 heading	2
	6	Application
Section 4	2
	7	New part 3 heading	2
	8	New part 4	3
	9	Instant lotteries
Section 12A	5
	10	New part 5 heading	6
	11	New part 6 heading	6
	12	Dictionary, note 2	6
	13	Dictionary, new definitions	6

2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Andrew Wall)
Lotteries Amendment Bill 2015

A Bill for
An Act to amend the Lotteries Act 1964

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Lotteries Amendment Act 2015.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Lotteries Act 1964.
4	New part 1 heading
before section 1, insert
Part 1	Preliminary
5	New part 2 heading
before section 3, insert
Part 2	Lotteries
6	Application
Section 4
relocate to part 1 as section 2B
7	New part 3 heading
before section 8, insert
Part 3	Prohibitions
8	New part 4
before section 12A, insert
Part 4	Lottery agreements
12AA	Definitions—pt 4
In this part:
lottery agreement means an agreement between a lottery operator and another person providing for the other person to do 1 or more of the following:
	(a)	sell lottery tickets;
	(b)	pay prizes;
	(c)	promote lotteries conducted by the lottery operator;
	(d)	any other activity related to lotteries conducted by the lottery operator.
lottery operator means a person who conducts an approved lottery.
12AB	Lottery agreements
	(1)	A lottery operator may enter into a lottery agreement with a person only if—
	(a)	the person owns and controls a small business; and
	(b)	the agreement affects the operation of the small business; and
	(c)	the small business—
	(i)	is a retail business; and
	(ii)	operates or intends to operate from retail or commercial premises.
	(2)	The lottery agreement must state—
	(a)	the names of each party to the agreement; and
	(b)	the address of the small business to which the agreement applies; and
	(c)	the nature of the relationship between the parties, including the responsibilities of each of the parties; and 
	(d)	either—
	(i)	the period for which the agreement remains in force; or
	(ii)	that the agreement remains in force until terminated; and
	(e)	if the agreement provides for its termination by a party to the agreement—how and when it can be terminated; and
	(f)	any other matter agreed between the person and the lottery operator as a condition of the agreement.
	(3)	In this section:
full-line supermarket means a large supermarket selling a full range of goods, including packaged groceries, fresh meat, bakery and delicatessen departments, fresh fruit and vegetables and frozen foods.
incorporated limited partnership—see the Partnership Act 1963, section 51.
partnership—see the Partnership Act 1963, section 6.
person includes a partnership other than an incorporated limited partnership. 
retail business means a business involving—
	(a)	the sale or hire of goods by retail; or
	(b)	the supply of services by retail.
small business—
	(a)	means a business that—
	(i)	is wholly owned and controlled by an individual, partnership or corporation or trust; and
	(ii)	is managed by—
	(A)	for a business owned and controlled by an individual—the individual; or
	(B)	for a business owned and controlled by a partnership—the partners; or
	(C)	for a business owned and controlled by a corporation—the directors; or
	(D)	for a business owned and controlled by a trust—the trustee; and
	(iii)	either—
	(A)	employs 15 or fewer people; or
	(B)	if more than 15 people are employed—the total number of hours worked by all the employees in a week is 570 or fewer; but
	(b)	does not include—
	(i)	a full-line supermarket; or
	(ii)	a service station.
9	Instant lotteries
Section 12A
relocate to part 2 as section 7B
10	New part 5 heading
before section 13, insert
Part 5	Conduct of lotteries
11	New part 6 heading
before section 18A, insert
Part 6	Miscellaneous
12	Dictionary, note 2
insert
·	corporation
·	individual
13	Dictionary, new definitions
insert
lottery agreement, for part 4 (Lottery agreements)—see section 12AA.
lottery operator, for part 4 (Lottery agreements)—see section 12AA.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 16 September 2015.
2	Notification
	Notified under the Legislation Act on	2015.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2015